Brandvis® Terms of Use
These terms of use apply to the use of this website, which is owned by Brandvis R&D Limited under the domain name www.brandvis.com and is part of Brandvis®, which also includes Brandvis Group Holdings Limited, Brandvis Software Limited, Brandvis Limited, and Brandvis (Suzhou) Co. Limited.
Use of Brandvis.com
Access to and use of Brandvis.com is provided by Brandvis subject to the following terms:
1. By using Brandvis.com you agree to be legally bound by these terms, which shall take effect immediately on your first use of Brandvis.com. If you do not agree to be legally bound by all the following terms please do not access and/or use Brandvis.com.
2. Brandvis may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Brandvis. Your continued use of Brandvis.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended. You can determine when these terms were last updated, as indicated at the top of this document.
3. You agree to use Brandvis.com only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of Brandvis.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within Brandvis.com.
4. Except as permitted in these terms of use, you undertake not to copy, store in any medium (including in any other website), reproduce, republish, download, distribute, post, transmit, re-transmit, broadcast, modify, adapt, alter or create a derivative work from any part of Brandvis.com or show in public any part of Brandvis.com without the prior written permission of Brandvis.
5. In accessing Brandvis.com, you agree that you will access the contents solely for your own private use but not for any commercial or public use. You can download and use the service on a single CPU at a time (provided that you keep intact all and any copyright and proprietary notices) and you can print out a single hard copy of any part of the content on Brandvis.com for your personal use.
Registration
6. You may be required to register with Brandvis in order to access certain areas of Brandvis.com
7. You are responsible for ensuring that the details provided by you on registration or at any time are correct and complete.
8. You agree to inform Brandvis as soon as is reasonably possible of any changes to the information that you provided when registering, by updating your personal details in order that Brandvis can communicate with you effectively.
9. When you register to use Brandvis.com, you will be allocated a password. In order to prevent fraud, you are obliged to keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting webmaster@brandvis.com immediately.
10. If Brandvis has reason to believe that there is likely to be a breach of security or misuse of Brandvis.com, Brandvis may have to issue you with a new password and in the interim suspend your account.
Intellectual Property
11. “Brandvis” is a registered community trade mark.
12. Please note the copyright notice in respect of Brandvis.com –
© Brandvis R&D Limited 2005 – 2010. All Rights Reserved.
13. This website and all of its contents including but not limited to, all names, images, texts, designs, graphics, logos, documents, sound-recordings and their arrangement, identifying Brandvis or third parties and their products and services, and all software and underlying source code on this website, are subject to copyright, design rights, database rights, trade marks and/or other intellectual property rights of Brandvis and/or third parties. Except as provided in these terms of use, you are not permitted to use or reproduce any of the content on Brandvis.com, as this may constitute infringement of the owner’s rights.
14. Nothing contained in these terms shall be construed as conferring by implication, estoppel, or otherwise any licence or right to use any trademark, patent, design right, database right, copyright or other intellectual property right of Brandvis or any other third party.
Disclaimers and Limitation of Liability
15. Brandvis.com content, including but not limited to the information, names, images, pictures, logos, icons, products (including software) and services regarding or relating to Brandvis, is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
16. Under no circumstances will Brandvis be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Brandvis.com regardless of the form of action.
17. Brandvis does not warrant that functions contained in Brandvis.com will be uninterrupted or error free, that defects will be corrected, or that Brandvis.com or the server that makes it available are free of viruses or bugs. If a fault occurs with Brandvis.com you should report it to webmaster@brandvis.com and Brandvis will attempt to correct the fault as soon as is reasonably possible. Your access to Brandvis.com may be occasionally restricted to allow for repairs, maintenance or the introduction of new content; Brandvis will endeavour to restore access without delay.
18. Brandvis does not endorse any sites on the Internet that are linked through Brandvis.com. Brandvis may provide links only as a matter of convenience, and in no event shall Brandvis or its licensors be responsible for any content, products, or other materials on or available from such sites.
Contributions to Brandvis.com
19. Unless otherwise agreed in writing between the parties, where you are invited to submit any contribution to Brandvis.com (including but not limited to any text, photographs, graphics, video or audio) you agree, by submitting your contribution (the “User Content”), to grant Brandvis a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the User Content worldwide and/or to incorporate the User Content in other works in any media now known or later developed for the full term of any rights that may exist in the User Content, and in accordance with privacy restrictions set out in Brandvis Privacy Policy. If you do not want to grant to Brandvis the rights set out above, please do not submit the User Content to Brandvis.com.
20. Notwithstanding the foregoing, you acknowledge that Brandvis is not responsible (under any circumstances) for any User Content and reserves the right (but has no obligation) to alter, remove, or refuse to post or remove any User Content, in whole or in part from Brandvis.com, at any time, for any reason or for no reason at all. Furthermore, Brandvis may at its discretion disclose any of the User Content and the circumstances surrounding the transmission thereof, to any third party.
21. Further to paragraph 19, by submitting the User Content to Brandvis.com, you:
a. warrant that the User Content;
i. is your own original work and not copied in whole or in part from any third party and that you have the right to make it available to Brandvis for all the purposes specified above;
ii. is non-confidential;
iii. is not threatening, defamatory, obscene, harassing, or racially or ethnically offensive, pornographic or blasphemous;
iv. does not infringe or otherwise violate the copyright, trademark or other intellectual property or other rights of any third party or any law; and
b. indemnify Brandvis against all legal fees, damages and other expenses that may be incurred by Brandvis as a result of your breach of the above warranty; and
c. waive any moral rights in the User Content for the purposes of its submission to and publication on Brandvis.com and the purposes specified above.
General
22. If there is any conflict between these terms and specific terms appearing elsewhere on Brandvis.com (including local house rules) then the latter shall prevail.
23. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
24. You may not transfer any of your rights under these terms to any other person. Brandvis may transfer its rights under these terms to another business where Brandvis reasonably believe your rights will not be affected.
25. If you breach these terms and Brandvis chooses to ignore this, Brandvis will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the terms.
26. Brandvis shall not be responsible for any breach of these terms caused by circumstances beyond its reasonable control.
27. You agree to comply with all applicable laws and regulations while using Brandvis.com.
28. The Website is owned and operated by Brandvis R&D Limited, having its registered office at 15 Harcourt Street, Dublin 2, Ireland.
29. If you have any queries, please contact webmaster@brandvis.com.
