TERMS

By visiting this Web site you agree to abide by the Terms of Use described below. We have created these rules and guidelines to protect you and to ensure that our Web site is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use this site.

Legal Notice and Disclaimer

Branding Studios, LLC obtains all information, downloadable files and software contained herein from sources believed by us to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, we shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available on our Web site. We make no representations, and expressly disclaim all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user on our Web site. Information and software may be changed at any time without notice of any kind. The information and software on this site are provided “as is” without expressed or implied warranty of any kind. We disclaim all warranties with regard to the information and/or software, including all implied warranties of merchantability and fitness for a particular purpose. In no event shall we be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on our Web site. Some U.S. states and foreign countries provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause.

Links to Third Party Sites

The links to third parties contained within this Web site will allow you to leave our site. The sites that are linked to our site are not under the control of us. We are not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. We provide these links only as a convenience to you, the user of the Web site; and the inclusion of any link does not imply endorsement by us of the linked site.

Any rights not expressly granted by us herein are expressly reserved.

Web Site Terms of Use

Acceptance of Terms of Use of this Web site:

The access to our site is provided free of charge to you by us under these Terms of Use. These Terms of Use govern your use of our site and all services provided in connection with our site. We shall not be liable to you for any breach of these Terms of Use. In addition, we do not bear any fiduciary responsibility to any user of this Web site. If you do not agree to these Terms of Use, please do not enter our site. The Terms of Use for your continued use of our site will be posted on this site. Please check this area before using our site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please discontinue your use of our site. Your continued use of our site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.

From time to time we may supplement these Terms of Use with additional Terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on our site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

Use of Cookies

When you visit our site, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we use “cookies” to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.)

While we use cookies to track your visit to our site, and our Web servers automatically log the IP/internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided us with personal information.

Please note that we are not responsible for the content or privacy practices of other Web sites to which we may link.

Modifications of our Site

We may modify or discontinue our site with or without notice to you and without liability to you or to any third party.

Content of Messages

You also agree not to use our site to send or post on message boards or any place on our site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. We reserve the right to delete any such material from our site. We will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this section. You agree not to post or use our site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) We permit access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to our site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any information, software, images or any other content on our site rests with you. You acknowledge that we may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT OUR SITE WILL MEET YOUR REQUIREMENTS, OR THAT OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE. WE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF OUR SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH OUR SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER WE NOR OUR MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN OUR SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. WE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.

BRANDING STUDIOS, LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN OUR SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRANDING STUDIOS, LLC OR THROUGH OUR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR SITE.

WE ARE NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE OUR SITE. AS A CONVENIENCE TO OUR USERS, WE MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND OUR CONTROL. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH WE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST US WITH RESPECT TO SUCH SITES.

Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE OUR SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OUR SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Promotional Messages

We may, from time to time, send email messages to you containing advertisements, promotions, etc. We make no representation or warranty with respect to the content of any such email messages or services that may be obtained from us, and you agree that we shall not have any liability with respect thereto.

Indemnification

You agree to indemnify and hold each officer and/or employee of Branding Studios, LLC, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

Remedies for Breach of these Terms by You

In the event that we determine, at our sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of this site, we reserves the right to (i) warn you via email that you have violated these Terms of Use; (ii) discontinue your registration with this site; (iii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iv) any other action which we deem to be appropriate.

Miscellaneous

In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

We may assign our rights and obligations under these Terms of Use and upon such assignment we may be relieved of any further obligation hereunder. You represent to us that you have the authority to use our site according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on our site by us) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of us, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

Copyright

The Content on the Site is owned by Branding Studios, LLC and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of Branding Studios, LLC, except that, subject to your compliance with the Terms and Conditions, Branding Studios, LLC authorizes you to view or download a single copy of the Content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of Branding Studios, LLC or third parties.

Trademarks

“Branding Studios” is a registered trademark in which Branding Studios, LLC claims priority and ownership. Other trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of Branding Studios, LLC or the owner of such mark.

Reporting Violations

The Terms and Conditions constitute the entire agreement between you and Branding Studios, LLC relating to the Site. There is no agency, partnership, joint venture, employee-employer or attorney-client relationship between any user and Branding Studios, LLC arising solely through the use of the Site. The Terms and Conditions are binding upon your successors, assigns, heirs and executors. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of Branding Studios, LLC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Site, Content, Services or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.

YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE SITE.

Privacy Policy

Branding Studios, LLC believes in and respects your privacy and the sanctity of information that may be provided. In the course of using Branding Studios, LLC as your promotional products supplier, you may have the opportunity to voluntarily submit personally identifiable information (e.g., providing profile information or providing an e-mail address). By visiting our Web site, you understand and consent to this policy.

When you access the Internet, the computers that host Web sites you visit (Web servers) automatically receive some anonymous information. This “usage data” may include a record of which pages a Web browser has visited. Branding Studios, LLC servers receive usage data when customers visit our web site. We may use various kinds of software devices to collect information about Internet use. Small files called “cookies” may be attached to your Web browser. These files identify your browser and may save information such as passwords so that Web sites can recognize you when you return. You can set your browser to disable cookies, but some web sites may not work properly if you do this. In addition, some web sites use small bits of code called “one-pixel gifs,” or “clear gifs” embedded in some Web pages, to make cookies more effective.

We take every precaution to protect our customer information and do not utilize personal or company information for anything other than internal purposes to provide and improve service levels. We are sensitive to the privacy and security of your personal information. However, we cannot guarantee absolute security as such information may be transmitted using the Internet, other public telecommunication networks, servers, hardware or software (“systems”) that are not owned, operated, or controlled by us. Branding Studios, LLC will not sell, trade, or disclose to third parties outside of Branding Studios and its affiliates, any customer identifiable information, including customer names and addresses, without the consent of the customer (except as required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to the customer or others). When Branding Studios, LLC uses other agents, contractors or companies to perform services on its behalf, we will ensure that the company protects your customer identifiable information consistent with this Policy.

Branding Studios, LLC reserves the right to modify this policy at any time without notice other than posting on this site.