WELCOME TO BRANDPIX. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR
ACCESSING THE SERVICE. THEY EXPLAIN YOUR RIGHTS AND OBLIGATIONS REGARDING USE OF
BRANDPIX SERVICE AND CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND YOUR AFFILIATES
(“YOU”) AND BRANDPIX PTE. LTD. (“BRANDPIX” OR “WE”). BY ACCESSING ANY PART OF THE
SERVICE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF
SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE,
THEN YOU MAY NOT USE OR ACCESS THE SERVICE, OR ANY PART THEREOF.
BY CLICKING ON THE “I ACCEPT” BUTTON, YOU SHALL BE DEEMED A “MEMBER” OF BRANDPIX
AND ACKNOWLEDGE AND AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIIONS
AS FOLLOWS:-
1. ACCESS TO SERVICES
- The following terms and conditions govern all use of the brandpix.com
website (Site) and all content, services and products available at or through the
website, including, but not limited to,
(i) brand integration advertising service where Content Producers are given a platform
to list their available brand integration opportunities, while Marketers and Brand
Owners are given a similar platform to list their brands/products;
(ii) where parties can monitor brand integration network through matching engines
and directly liaise with one another using collaborative tools (the Service).
- The Service is owned and operated by BrandPix Pte. Ltd. (BrandPix).
The Service is offered subject to acceptance without modification of all of the
terms and conditions contained herein (the Terms of Service) and all other operating
rules, policies and procedures that may be published from time to time on the Site
by BrandPix.
- Subject to the Terms of Service, BrandPix grants you a limited personal,
non-sub-licensable, non-exclusive, non-transferable license to use the Service.
You may not access the Service for any illegal or unauthorized purpose. You must
not, in the use of the Service, violate any laws in your jurisdiction (including
but not limited to copyright laws).
2. MODIFICATIONS OF TERMS OF SERVICE
- BrandPix reserves the right to update and change the Terms of Service
from time to time without notice. Any new features augment or enhancement to the
current Service, including the release of new tools and resources shall be subject
to the Terms of Service. Continued use of the Service after any such changes shall
constitute your acceptance of such changes. You can review the most current version
of the Terms of Service at any time at:
http://www.brandpix.com/Termsofservice.aspx
3. USE OF SERVICE
3.1 While using the Service, you represent and warrant that:-
- You are a human (accounts registered by “bots” or other automated methods
are not permitted) and 18 years of age or older. BrandPix may, in its sole discretion,
refuse to offer the Service to any person or entity and change its eligibility criteria
at any time.
- You have the legal capacity and authority to bind yourself and your
employer and/or any entity your belong to and/or your client (as its agent), as
applicable, to this Agreement;
- You have the legal capacity and authority to post any and all content
at BrandPix including but not limited to names, pictures of any persons, or objects,
trademarks, service marks, copyrighted materials and other proprietary materials
and it does not invade the privacy rights or any third party, or otherwise infringe
upon or violate the rights or property interest of any third party.
- You shall not create and use a user ID, with a name that is otherwise
offensive, vulgar or obscene. BrandPix reserves the right to refuse registration
of, or cancel the user ID in its sole discretion.
- Your login may
only be used by one person – a single login shared by multiple people is not permitted.
You may create separate logins for as many people as you'd like
- You consent on behalf of yourself and/or as an authorized representative
of your employer, any entity your belong to and/or as an agent for your client,
as applicable, to be bound by this Agreement;
- You have provided your legal full name, the legal full name of any
entity you belong to on whose behalf the account is created, a valid email address,
and all other information requested and/or supplied to us by you is correct and
complete. You understand that BrandPix and its partners rely on the information
you supply and providing false and incorrect information shall constitute a breach
of the Terms of Service, which may result in immediate termination of your Account.
3.2 While using the Service, you will not:-
- register as a user on BrandPix by providing false, inaccurate, or misleading
information, including but not limited to registering as a producer, distributor,
publisher, web portal owner, creator of film and television programmes (a “Content
Producer”) when your primary function is to manufacture, advertise, distribute,
or otherwise represent products or services, or represent any of the foregoing as
an agent otherwise (a “Marketer”).
- tobacco or tobacco related products / brands or content on our platform.
- post brand integration opportunities, items and content in an inappropriate
category or areas on our platform or misrepresent the brand integration opportunities.
- disclose any information about or related to users, listings, or any
other content available on BrandPix except for the express purpose of conducting
confidential communications regarding brand integration opportunities. BrandPix
considers the privacy of our users as critical priority and reserves the right to
remove users and take appropriate legal action against users who violate our Privacy
Policy.
- violate any laws, third party rights, or our policies that we may have
available on our platform and incorporated into the Terms of Service from time to
time.
- post obscene, pornographic, false, inaccurate, misleading, defamatory
or libellous content (including personal information).
- copy, modify, or distribute content from BrandPix and its related sites,
including, without limitation, BrandPix’s copyrights and trademarks.
- use BrandPix, if you are not able to form legally binding contracts,
are under the age of 18, or are temporarily or indefinitely suspended from BrandPix
and its related sites.
- transfer your BrandPix account or Listing information and User ID to
another party without our prior written consent.
- circumvent or manipulate our fee structure, the billing process, or
fees owed to BrandPix.
- distribute, post or link to spam, chain letters or pyramid schemes.
- distribute, post or link to viruses or any other technologies that
may harm BrandPix, or the interest or property of BrandPix users.
- harvest or otherwise collect information about users without their
consent.
3.3 You further agree that you will not, nor permit anyone else to, directly or
indirectly:
- use or access your BrandPix account;
- take any action that imposes or may impose (in our sole discretion)
an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or
publicly display any content (except for your information) from our platform without
the prior expressed written permission of BrandPix and/or the appropriate third
party, as applicable;
- reverse engineer, disassemble, decompile or otherwise attempt to discover
the source code or structure, sequence and organization of the Service;
- use or access your BrandPix account;
- copy, reproduce, modify, create derivative works from, distribute or
publicly display any content (except for your information) from our platform without
the prior expressed written permission of BrandPix and/or the appropriate third
party, as applicable;
- reverse engineer, disassemble, decompile or otherwise attempt to discover
the source code or structure, sequence and organization of the Service;
- rent, lease, or use the Service for timesharing or service bureau purposes,
or otherwise use the Service on behalf of any third party; or
- use the Service for performing comparisons or other “benchmarking”
activities, either alone or in connection with any other service.
- modify, adapt or hack the Service or modify another website so as to
falsely imply that it is associated with the Service, BrandPix, or any other BrandPix
services.
- to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use of the Service, or access to the Service without the express
written permission from BrandPix.
- upload, post, host, or transmit unsolicited email, SMSs, or “spam”
messages.
- transmit any worms or viruses or any code of a destructive nature.
- interfere or attempt to interfere with the proper working of the Services
or any activities conducted on our website; or
- bypass our robot exclusion headers or other measures we may use to
prevent or restrict access to the Service.
3.4 You understand that :-
- You will promptly notify BrandPix whenever your personal or billing
information changes (including your name, address, telephone number, credit card
number and expiration date).
- You are responsible for maintaining the security of your account and
password. BrandPix cannot and will not be liable for any loss or damage from your
failure to comply with this security obligation.
- You will immediately notify BrandPix in writing of any unauthorized
use of your account, or other account related security breach of which you are aware.
- You shall never use another user’s account without such other user’s
express permission.
- You are responsible for all content posted and activity that occurs
under your account
- If you are using a free account you are not permitted to block ads.
- One person or legal entity may not maintain more than one free account.
- BrandPix may but have no obligation to, remove content and accounts
containing content that we determine in our sole discretion are unlawful, offensive,
threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable
or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse
or retribution) of any BrandPix’s customer, employee, member, or officer will result
in immediate account termination.
- BrandPix uses third party vendors and hosting partners to provide the
necessary hardware, software, networking, storage, and related technology required
to run the Service.
- the technical processing and transmission of the Service, including
your content, may be transferred unencrypted and involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting
networks or devices.
4. FEES AND CHARGES
- Unless otherwise specified, BrandPix may charge subscription / membership
fees. When using a service that has a subscription fee you have an opportunity to
review and accept the fees that you will charged based on our fees schedule, which
we may change from time to time.
- BrandPix may choose to temporarily change the fees for our services
for promotional events, such as introduction of new services, and such changes are
effective when we post the temporary promotional event or new service on the Site.
5. MODIFICATIONS TO THE SERVICE AND PRICES
- BrandPix reserves the right at any time and from time to time to change,
modify, suspend or discontinue, temporarily or permanently, the Service (or any
part thereof including availability of any feature or content) with or without notice
or liability.
- BrandPix shall not be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the Service.
- BrandPix reserves the right, at its discretion, to refuse to allow
access to all or part of the Services and content to any user at any time.
6. VIOLATION OF TERMS OF SERVICE
- Breach and/or violation of any of the above provisions will result
in immediate termination of the Account without notice and you may be subjected
to legal penalties and consequences.
7. CANCELLATION AND TERMINATION
- You are solely responsible for properly cancelling your account by
email or phone.
- All of your Content will be immediately deleted from the Service upon
cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month,
your cancellation will take effect immediately and you will not be charged again.
- BrandPix, in its sole discretion, has the right to suspend or terminate
your account and/or refuse access to all or any part of the current or future use
of the Service or any other BrandPix service, at any time, with or without cause,
with or without notice, effective immediately. Such termination of the Service will
result in the deactivation or deletion of your Account or your access to your Account,
and the forfeiture and relinquishment of all Content in your Account. BrandPix reserves
the right to refuse service to anyone for any reason at any time.
8. CONTENT LICENSE AND USE
- You understand that by registering and listing your brand, company
or content in BrandPix network, you agree to :
- grant BrandPix permission to include your brand/content and/or your
company name among our list of “registered” members in the platform, which BrandPix
may include in our marketing literature and in our communication with the public.
- allow your brand or content to be listed in BrandPix network for qualified
subscribers to view.
- grant BrandPix a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub licensable (through multiple tiers) right to exercise the copyright,
publicity, and database rights you have in the content, in any media known now or
in the future in connection with BrandPix Service.
- BrandPix does not pre-screen Content, but BrandPix and its designee
have the right (but not the obligation) in their sole discretion to refuse or remove
any Content that is available via the Service.
9. BRANDPIX COPYRIGHT
- Unless otherwise indicated, the Terms of Service and all Content, including
the look and feel of the Service, are copyright©2009 BrandPix Pte. Ltd. All rights
reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual
design elements without express written permission from BrandPix.
- BrandPix and its related logos are either trademarks or registered
trademarks of BrandPix Pte Ltd.
10. NO WARRANTIES
10.1 Your use of the Service is solely at your own risk.
10.2 Disclaimer
- The service is provided on an “as is” and “as available” basis and
is without warranty of any kind, express or implied, including, but not limited
to, the implied warranties of title, non-infringement, merchantability and fitness
of a particular purpose. Any warranties implied by any course of performance or
usage of trade, hereby all of which are expressly disclaimed.
10.3 BrandPix does not warrant that
- the service will meet your specific requirements,
- the service will be uninterrupted, timely, secure, error-free or available
at any particular time or location,
- the results that may be obtained from the use of the service will be
accurate or reliable,
- the quality of any products, services, information, or other material
purchased or obtained by you through the service will meet your expectations,
- any defects or errors in the Service will be corrected, and
- the service is free of viruses or other harmful components.
11. NO LIABILITIES
- You expressly understand and agree that BrandPix and its related companies,
affiliates, officers, directors, shareholders, licensors, licensees, employees,
suppliers, distributors, content providers, and agents shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if BrandPix has been advised of the possibility of such damages), resulting
from:
- the use or the inability to use the Service;
- the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained or messages
received or transactions entered into through or from the Service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Service;
- any bugs, viruses, or the like (regardless of the source of origination);
or
- any other matter relating to the Service.
- You will not hold BrandPix responsible for other user’s actions or
inactions, including content that they may post. We are not a party to the actual
transactions between the users and you are solely responsible for evaluating any
proposed transactions provided on the Service and the terms of any such transactions
shall be negotiated and subject to fees and terms and conditions agreed upon between
you and such relevant party and you acknowledge and agree that BrandPix shall have
no liability or responsibility under such an agreement.
- If you have a dispute with one or more users, you expressly release
us (and our officers, directors, agents, subsidiaries, joint ventures and employees)
from claims, demands, and damages (actual and consequential) of every kind and nature,
known and unknown, arising out of or in any way connected with such dispute.
- You acknowledge that BrandPix has no control over, and does not guarantee,
the quality, availability, advisability, or legality of brand integration opportunities
that are advertised using our Services, the truth or accuracy of listings, or the
ability of any user to complete any transaction.
12. INDEMNIFICATION
12.1 You shall defend, indemnify, and hold harmless BrandPix, its affiliates and
each of its, and its affiliates, employees, contractors, directors, suppliers and
representatives from all liabilities, claims and expenses, including reasonable
attorney fees, that arises from your
(i) use of misuse of, or access to, the Service;
(ii) violation of the Terms of Use; or
(iii) the infringement of any intellectual property or other right of any person
or entity.
12.2 BrandPix reserves the right to assume the exclusive defence and control of
any matter otherwise subject to indemnification by you, in which event you will
assist and co-operate with BrandPix in asserting any available defence.
13. GENERAL TERMS
- The Terms of Service constitutes the entire agreement between you and
BrandPix and govern your use of the Service, superseding any prior or contemporaneous
communications, proposal and/or agreements between you and BrandPix (including,
but not limited to, any prior versions of the Terms of Service). The failure of
BrandPix to exercise or enforce any right or provision of the Terms of Service shall
not constitute a waiver of such right or provision. If any provision of the Terms
of Service is found to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that the Terms of Service will
otherwise remain in effect and enforceable.
- The Terms of Service are personal to you, and are not assignable, transferable
or sub-licensable by you except with BrandPix’s prior written consent. BrandPix
may assign, transfer or delegate any of its rights and obligations hereunder without
notice.
- No agency, partnership, joint venture, or employment relationship is
created as a result of the Terms of Service.
- Questions about the Terms of Service should be sent to help@brandpix.com.
- This Terms of Service shall be governed by and construed in accordance
with the laws of the Republic of Singapore and you agree to submit to the exclusive
jurisdiction of the Singapore Courts.
14. PRIVACY POLICY
We use your information only as described in BrandPix Privacy Policy. We store and
process your information on computers located in the United States that are protected
by physical as well as technological security devices. You can access and modify
the information you provide us and choose not to receive certain communications
by signing into your account. For a complete description of how we use and protect
your personal information, see the BrandPix Privacy Policy. If you object to your
information being transferred or used in this way please do not provide us your
personal information and do not use our Services.