Last Revised June 2015
Terms and Conditions
The Service will be in the form and format as determined by The Brand Matcher in its sole discretion from time to time, and such form and format may limit or restrict use to certain types of devices at the exclusion of others, and may have additional licensing terms restricting their use thereto.
You also consent to our communicating with you about the Service or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier's normal, messaging, data and other rates and fees will apply to these communications.
3. The Service Offers a Venue. The Service merely offers tools, resources and a venue to connect those seeking marketing/advertising partnership opportunities and services with those seeking to provide marketing/advertising partnership opportunities. You understand and agree that The Brand Matcher: (A) does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users; (B) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; (C) makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users; and (D) does not screen Users or automatically conduct any kind of identity or background checks. As such, you should exercise caution and perform your own screening before connecting with anyone through the Service, engaging Users or accepting engagements. The Brand Matcher hereby expressly disclaims, and you hereby expressly release The Brand Matcher from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Service or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline. By using the Service, you acknowledge and agree that you are solely responsible for your use of the Service and the connections you make and that ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
4. Transactions Are Between Users; Release. Users transact solely between themselves, and The Brand Matcher is not a party to any transactions between Users. The Brand Matcher hereby expressly disclaims, and you hereby expressly release The Brand Matcher from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.
By using the Service, you understand and agree that The Brand Matcher may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that The Brand Matcher may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Service if at any time you no longer meet the Eligibility Conditions. If The Brand Matcher becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.
You understand and agree that The Brand Matcher does not routinely verify that any or all of the Eligibility Conditions are met by any other Users and you further understand and agree that The Brand Matcher is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Service by Users who do not meet the Eligibility Conditions. You understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references and that you make your own evaluations, decisions and assessments about whether to engage other Users to perform services, accept any engagements offered by other Users or otherwise interact with other Users. The Brand Matcher hereby expressly disclaims, and you hereby expressly release The Brand Matcher from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to: (x) any inaccuracy, untimeliness or incompleteness of a User's Eligibility Conditions; and (y) any misstatements or misrepresentations made by any Users.
6. No Professional Advice; Information Only. Any information, materials, content and/or advice provided through the Service, whether by The Brand Matcher, Users or third parties, including without limitation, The Brand Matcher Facebook pages, including without limitation at www.Facebook.com/thebrandmatcher and The Brand Matcher Twitter account, including without limitation at www.twitter.com/thebrandmatcher, and The Brand Matcher blog are for informational purposes only. The Brand Matcher hereby expressly disclaims, and you hereby expressly release The Brand Matcher from, any and all liability whatsoever for any controversies, claims, suits, injuries, losses, harms and/or damages arising from and/or in any way related to the information, materials and content provided through the Service, including without limitation on the Blog, Facebook pages and Twitter account.
You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Service:
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
- Use the Service or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation, including without limitation wage and hour and working condition laws and regulations;
- Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
- Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
- Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;
- Harvest or otherwise collect information about Users without their consent;
- Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;
- Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Service, except where sponsored or created by The Brand Matcher;
- Impersonate another person or allow any other person or entity to use your user name, password or membership;
- Post the same content repeatedly or spam - spamming is strictly prohibited;
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;
- Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or
- Restrict or inhibit any other User from using and enjoying the Service.
8. Account Security. You are responsible for maintaining the confidentiality of passwords and account information for the Service, and you are fully responsible for all activities that occur under your account. You agree to immediately notify The Brand Matcher of any unauthorized use of accounts or any other breach of security.
10. User Content. "User Content" is defined as any information, content, messages, photos, and/or materials a User posts on or through the Service, submits to The Brand Matcher and/or submits to any other User on or through the Service or by any other medium or method. The Brand Matcher acts as a passive conduit for User Content, and Users, not The Brand Matcher, are solely responsible for the User Content they post, submit or transmit through the Service. User Content, including without limitation in connection with registration and Users' profiles, is self-reported and you understand and agree that The Brand Matcher does not independently verify that any or all of the User Content is accurate, appropriate, timely or complete. You understand and agree that you make your own decisions and assessments about User Content and about persons to engage or engagements to accept. The Brand Matcher hereby expressly disclaims, and you hereby expressly release The Brand Matcher from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to any User Content, including without limitation to any acts of or reliance upon other Users with respect to such User Content and/or any comments made by User about others.
You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and you grant to The Brand Matcher an irrevocable, perpetual, non-exclusive, fully paid, worldwide, sub-licensable license to use, copy, perform, display, reproduce, adapt, modify, prepare derivative of, and distribute such User Content and to incorporate such User Content into other works.
Although The Brand Matcher has no obligation to do so, The Brand Matcher reserves the right, and has absolute discretion, to remove, screen or edit User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing User Content you post or store on the Service at your sole cost and expense.
11. Paid Memberships. Access to certain services and features of the Service require a paid membership (“Paid Membership”). Upon registration for a Paid Membership, you agree to pay The Brand Matcher the applicable membership fees at the prices then in effect, and you authorize The Brand Matcher to charge your chosen payment method in connection therewith. The Brand Matcher reserves the right to correct any payment errors even if it has already requested and/or received payment.
The Brand Matcher may use third-party payment processing services to process credit card payments and information in connection with the payment of membership fees and other amounts payable in connection with the Service. The Brand Matcher hereby expressly disclaims, and you hereby expressly release The Brand Matcher from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to The Brand Matcher’s use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about The Brand Matcher’s use of payment processing services, please contact The Brand Matcher by email at email@example.com.
The Brand Matcher may offer limited-time, free trial memberships or other promotions from time to time. In some cases, which will be disclosed at the time of sign-up, these promotions may automatically convert to Paid Memberships if you do not cancel within a designated time frame. In such instances, if you continue you membership after the end of the free trial or promotional period, you will be charged the price then in effect. To avoid such charges, you must cancel your membership prior to the end of the free trial or promotional period by emailing at firstname.lastname@example.org, or through your account settings.
16. Copyright Complaints and Copyright Agent. Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, The Brand Matcher has adopted a policy of terminating, in appropriate circumstances and at The Brand Matcher's sole discretion, members who are deemed to be repeat infringers. The Brand Matcher may also at its sole discretion limit access to the Service and/or terminate the accounts of anyone who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
17. U.S. Export Controls. No part of the Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Modifications to the Service. The Brand Matcher reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that The Brand Matcher shall not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
22. Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE BRAND MATCHER DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE WILL BE RELIABLE, ACCURATE, SAFE, TIMELY OR COMPLETE; (C) THE CONDUCT OF ANY USERS ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE; (D) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION; AND/OR (E) THE USE OF ANCILLARY SUPPORT SERVICES. SITTERCITY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. THE BRAND MATCHER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. THE BRAND MATCHER HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE THE BRAND MATCHER FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE.
23. Assumption of Risk. You assume all risks when using the Service, including without limitation all of the risks associated with interactions with other Users. You agree to take all necessary precautions when interacting with other Users.
24. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE BRAND MATCHER BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF THE BRAND MATCHER TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.
25. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail to the address listed below.
The arbitration shall be conducted in New York, New York, and judgment of the arbitration award may be entered by any court having jurisdiction thereof. The Brand Matcher may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, necessary to protect its rights pending the completion of arbitration. You agree to submit yourself to the personal jurisdiction of the State of New York.
Each party will pay its own attorneys’ fees, subject to any remedies to which that party may later be entitled under applicable law. You will bear only those costs of arbitration that you would have borne had you brought a claim covered by this arbitration provision in court. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Brand Matcher will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision shall be construed to: (i) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law; or (ii) prevent either party from cooperating with a federal or state body as required by law. However, you understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.
To commence an arbitration against The Brand Matcher, you must complete a Demand for Arbitration form located at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175, submit it to the AAA, and send a copy to The Brand Matcher at:
The Brand Matcher LLC, Attn: Legal Department, 72 North State Road #213, Briarcliff Manor, NY 10510
For more information, see the AAA's claim filing page, http://www.adr.org/fileacase.
28. Contact. The Brand Matcher may be contacted at:
By email: email@example.com
By mail: The Brand Matcher LLC, Attn: Legal Department, 72 North State Road #213, Briarcliff Manor, NY 10510