These Terms of Use constitute a legally binding agreement between you and Brandium, Inc. Ltd. (“the Company”) regarding your use of the Company’s Properties, including but not limited to EditorialMarketing.com, Brandingmag.com, Branding.news, RebelsRulers.com, BrandingOverTea.com, BrandingNite.com, and the “Brandingmag” iPad app (“Properties”). By accessing, browsing, or using any of these Properties, you acknowledge that you have carefully read, fully understood, and agree to comply with all applicable laws and regulations, as well as these Terms of Use. If you do not agree to these Terms of Use, or any part thereof, please refrain from using any of the Company’s Properties.
Content, including but not limited to webinars, trainings, videos, articles, PDFs, podcasts, audiograms, carousels, diagrams, and any other types of content (collectively our “Content & Products”) available on our Properties and social media channels (excluding that which is clearly presented in a digital store as premium paid content or with an associated numerical price) is free to access. You are not, however, allowed to reproduce any of the Company’s Content & Products in printed or electronic form without written permission from the owner(s) of the Company as per the “Copyright” section below.
For further inquiry, please visit the “Contact” page or email us at hello[at]editorialmarketing[dot]com.
I. Terms of Use for All Users
A. Free content and downloads
Our Content & Products are available to both visitors of our digital Properties and to the wider community of marketing and branding enthusiasts associated with the Company. While part of our content is accessible for free to all Property visitors, certain content is only available to registered users who have created an account on the Property hosting the gated content or those who have purchased our products/services. During the account creation process, you will have the option to join our newsletter mailing list, which you can either accept or decline.
If you wish to have your personal data removed from our records, please send an email to hello[at]editorialmarketing[dot]com with the subject line [Consent Removal]. Similarly, if you wish to stop receiving our communications, please either unsubscribe from our marketing communications by clicking the link in the email footer, or send an email to hello[at]editorialmarketing[dot]com with the subject line [Unsubscribe].
B. Communication preferences
By creating an account, you will only receive communications that are relevant to account creation, password recovery, and other administrative activities.
By subscribing to our newsletter mailing list, you will:
- Receive our newsletter with insights;
- Receive news about great deals and discounts offered by the Company or its partners.
If you wish to stop receiving our newsletter communications, then please unsubscribe from within the newsletter/email or send an email to hello[at]editorialmarketing[dot]com with the subject line [Unsubscribe].
When you register for any of our online or offline events, your information including your name, surname, company, job title, phone number, country, and email address may be included in the event’s participant and emailing list. the Company may use this information to update participants about the event or future events via email. Additionally, part of this information grouped in cohorts, but not individual-specific may be shared with the partners who help create the gated content.
If participants wish to opt-out of receiving future communications from the Company or third-party collaborators via email, they must inform the organizer by emailing hello[at]editorialmarketing[dot]com. Requests will be processed within a 30-day period. Participants can also opt-out of our newsletter mailing list instantly by using the provided option within received communications. It is the participants’ responsibility to inform the organizer of their preference to exclude themselves from such communications.
C. Copyright
I. All the images used on the Company’s Properties are either copyrighted to their respective owners and licensed by the Company, or are copyrighted to the Company if not otherwise stated.
II. If you would like to promote our content or enter into a partnership with us, please contact our team to obtain brand guidelines. Approval is required for any usage of our brand identity and/or brand assets.
III. Reproducing our content – It is strictly prohibited to reproduce or modify any of the Company’s Content & Products without written permission from the Company’s owner(s). This applies to both print and electronic forms of reproduction or modification. For further inquiry, please visit the “Contact” page.
A. Exception: You may promote our content by reproducing a maximum of 250 words from the original content, provided that a hyperlink to the full, original version of the content on our Property is included. The reproduced text must be cohesive and uninterrupted by ads, and cannot be placed next to politically sensitive content, racist content, explicit content, or any other similar content. The same applies to video or audio content, where the maximum you can reproduce is 3 minutes.
IV. Downloadable products – Copyright in any of our Content & Products that are available for download from any of our Properties belongs to the Company and/or our suppliers. Your use of our Properties is subject to the terms of any license agreement that may accompany or be included with it. You are not authorized to access or download any of our Content & Products unless you agree to such license agreement.
D. Third-party content and sites
Our Properties may contain links to third-party websites, resources, and advertisers (collectively, “Linked Content”). the Company does not have control over, endorse, sponsor, recommend, or accept responsibility for any of this Linked Content. As we are not responsible for the availability, content, or privacy practices of these external resources, any concerns regarding Linked Content should be directed to the respective site.
E. Important disclaimers
I. ALL PRODUCTS AND SERVICES RENDERED BY the Company ARE RENDERED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS,” AND the Company DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTEES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE, AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.
II. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND WE SHALL NOT BE HELD RESPONSIBLE FOR ANY THREATS TO YOUR SECURITY BECAUSE OF YOUR USE OF OUR PROPERTIES.
F. Conditions of use
As a condition of your use of our Properties, you agree that you will not:
A. violate any laws of use, violate the Policies, post any threatening, abusive, defamatory, obscene or indecent material;
B. post or otherwise communicate any false or misleading material or message of any kind;
C. infringe any third-party right;
D. distribute spam, chain letters, or promote pyramid schemes;
E. distribute viruses or any other technologies that may harm our Properties or the interests or property of our Properties’ users;
F. impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of our Properties;
G. use any robot spider, scraper, or other automated means to access our Properties and collect content for any purpose without our express
written permission;
H. harvest or otherwise collect information about others, including email addresses, without their consent;
I. copy, modify, or distribute rights or content from our Properties or our Properties’ copyrights and trademarks;
J. bypass measures used to prevent or restrict access to our Properties;
K. use any tool that interferes with the normal functioning of our Properties, including, without limitation, browser plug-ins (including, but not limited to, extensions, or other software which are designed to supplement, remove or otherwise change any of our Properties’ functionalities); or
You will be prosecuted and bear consequences.
G. Indemnity
You agree, to the extent permissible under Applicable Laws, to indemnify, defend, and hold harmless the Company, and its successors, affiliated companies, contractors, officers, directors, employees, agents, and its third-party suppliers, licensors, and partners (“Company Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs, and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use, or misuse of our Properties; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any necessary consent or notice); or (v) the infringement by you of any intellectual property, privacy, or other right of any person or entity, including in connection with your submitted material.
You will assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. the Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
H. Limitation of liability
IN NO EVENT SHALL the Company (AND ITS AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THIRD-PARTY ADS, EVEN IF the Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE, AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF the Company TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE, CONTENT OF ANNOUNCEMENTS, IS LIMITED TO THE LESSER OF THE AMOUNTS YOU HAVE PAID, IF ANY, TO the Company DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
I. Governing law
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).
J. International use
The Company operates our Properties in the United Kingdom. If you choose to access our Properties from locations outside the United Kingdom, you consent to the collection, transmission, use, storage, and processing of content and data (including your personal information) in the United Kingdom. You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access our Properties, if and to the extent local laws are applicable to use of our Properties.
Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Properties are appropriate or available for use in jurisdictions outside the United Kingdom. The right to access and use our Properties is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render us in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.
K. Term and termination
A. Term
These Terms shall remain in full force and effect while you use our Properties unless they are terminated as provided in these Terms, in which case you no longer have the right to use our Properties.
B. Termination by the Company
The Company may, in its sole discretion, and at any time discontinue providing access to our Properties, or any part thereof, with or without notice. You agree that any termination of your access to our Properties, or portion thereof, may be affected without prior notice, and you agree that the Company will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. As discussed herein, the Company does not permit copyright, trademarks, or other intellectual property infringing activities on our Properties, and will terminate access to our Properties, and remove all content submitted, by any users who are found to be repeat infringers.
C. Termination by You
Your only remedy with respect to any dissatisfaction with (i) our Properties, (ii) any term of these Terms and Conditions, (iii) Guidelines, (iv) any policy or practice of the Company in operating our Properties, or (v) any content or information transmitted through our Properties, is to terminate the Terms and your use of the website. You may terminate these Terms at any time (prospectively only) by discontinuing use of any and all parts of the Website.