BrandyBrothers@gmail.com
Terms and Conditions
BrandyBrothers.com Terms of Use Agreement
May 16, 2010
By participating/registering in any Brandy Brothers Services you agree to Brandy Brothers Terms of Use.
Brandy Brothers (“Brandy Brothers” or “we”) operates BrandyBrothers.com, a community oriented audio and visual production coalition formed with the goal of uniting the Chicago music and film community to create entertaining and engaging media. Shoebox Songs is a bimonthly podcast comprised of original music submitted by users. Every two weeks, the Brandy Brothers will post a new topic for people to write and record songs about. We will accept submissions for one week, and then release them the following week. Comments can be posted to communicate with other users. The services offered by Brandy Brothers include hosting of content, distribution through podcast, and any other features, content, or applications offered from time to time by Brandy Brothers in connection with Brandy Brothers’ business (collectively, the "Brandy Brothers Services"). The Brandy Brothers Services are hosted in the United States.
This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the Brandy Brothers Services. By accessing and/or using the Brandy Brothers Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Brandy Brothers Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Brandy Brothers Services without being registered) or you are a "Member" (which means that you have registered with Brandy Brothers). The term "User" refers to a Visitor or a Member. You are authorized to use the Brandy Brothers Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Brandy Brothers Services, you must indicate your acceptance of this Agreement during the registration process.
Brandy Brothers reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Brandy Brothers Services. All material modifications will apply prospectively only. Your continued use of the Brandy Brothers Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Brandy Brothers Services immediately. You may receive a copy of this Agreement by contacting us at BrandyBrothers@gmail.com.
1. Eligibility. Use of the Brandy Brothers Services and registration to be a Member for the Brandy Brothers Services (“Membership”) is void where prohibited. By using the Brandy Brothers Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Brandy Brothers Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Brandy Brothers Services or are a Member. You may terminate your Membership at any time, for any reason. Brandy Brothers may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Brandy Brothers reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Brandy Brothers Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Brandy Brothers expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Brandy Brothers Services if Brandy Brothers determines, in its sole discretion, that you have violated this Agreement or pose a threat to Brandy Brothers, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Brandy Brothers immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Proprietary Rights in Content on Brandy Brothers.
4.1 Brandy Brothers does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the Brandy Brothers Services. After posting your Content on, through or in connection with the Brandy Brothers Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Brandy Brothers Services, you hereby grant to Brandy Brothers a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Brandy Brothers Services, including, without limitation, through the Brandy Brothers Services to applications, widgets, websites or mobile, desktop or other services which are linked with your Brandy Brothers account (collectively, “Linked Services”), including, without limitation, distributing part or all of the Brandy Brothers Services and any Content included therein, in any media formats and through any media channels. This limited license does not grant Brandy Brothers the right to sell or otherwise distribute your Content outside of the Brandy Brothers Services or Linked Services. After you remove your Content from the Brandy Brothers Services we will cease distribution upon request, at our discretion, as soon as practicable, and at such time when distribution ceases, the license will terminate. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Brandy Brothers Services, Brandy Brothers is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
4.2 The license you grant to Brandy Brothers is non-exclusive (meaning you are free to license your Content to anyone else in addition to Brandy Brothers), fully-paid and royalty-free (meaning that Brandy Brothers is not required to pay you or anyone else deriving rights from you for the use on the Brandy Brothers Services of the Content that you post), sublicensable (so that Brandy Brothers is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Brandy Brothers Services), and worldwide (because the Internet and the Brandy Brothers Services are global in reach).
4.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the Brandy Brothers Services, or otherwise have the right to grant the license set forth in this Section 4, and (ii) the posting of your Content on, through or in connection with the Brandy Brothers Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the
4.4 Brandy Brothers performs technical functions necessary to offer the Brandy Brothers Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Brandy Brothers Services. In addition, you agree and acknowledge that Brandy Brothers may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Brandy Brothers Services.
5. Content Posted.
Please choose carefully the information that you post on, through or in connection with the Brandy Brothers Services and that you provide to other Users. Your Brandy Brothers profile may not include any form of Prohibited Content, as outlined in Section 6 below. Despite this prohibition, information, materials, products or services provided by other Brandy Brothers Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Brandy Brothers assumes no responsibility or liability for this material. If you become aware of misuse of the Brandy Brothers Services by any person or Linked Service, please us at BrandyBrothers@gmail.com.
5.1 Brandy Brothers may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Brandy Brothers violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Brandy Brothers assumes no responsibility for monitoring the Brandy Brothers Services for inappropriate Content or conduct. If at any time Brandy Brothers chooses, in its sole discretion, to monitor the Brandy Brothers Services, Brandy Brothers nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
5.2 You are solely responsible for the Content that you post on, through or in connection with any of the Brandy Brothers Services, and any material or information that you transmit to other Members and for your interactions with other Users.
6. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Brandy Brothers Services. Brandy Brothers reserves the right to investigate and take appropriate legal action against anyone who, in Brandy Brothers' sole discretion, violates this provision, including, without limitation, removing the offending Content from the Brandy Brothers Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Brandy Brothers:
6.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.2 harasses or advocates harassment of another person;
6.3 exploits people in a sexual or violent manner;
6.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
6.5 solicits or is designed to solicit personal information from anyone under 18;
6.6 publicly posts information that poses or creates a privacy or security risk to any person;
6.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
6.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
6.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
6.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
6.12 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
6.13 involves commercial activities and/or sales without prior written consent from Brandy Brothers such as contests, sweepstakes, barter, advertising, or pyramid schemes;
6.14 includes a photograph or video of another person that you have posted without that person's consent;
6.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
6.16 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
7. Protecting Copyrights and Other Intellectual Property. Brandy Brothers respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Brandy Brothers’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.
If you believe your work has been copied and posted on or through the Brandy Brothers Services in a way that constitutes copyright infringement, please send a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Brandy Brothers Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.
8. Member Disputes. You are solely responsible for your interactions with other Brandy Brothers Users, third party developers or any other parties with whom you interact through the Brandy Brothers Services and/or Linked Services. Brandy Brothers reserves the right, but has no obligation, to become involved in any way with these disputes.
9. Disclaimers. Brandy Brothers is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Brandy Brothers Services or Linked Services, by Users of the Brandy Brothers Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Brandy Brothers. In addition, Brandy Brothers is not responsible for any damage, injury or loss caused by Users of the Brandy Brothers Services or by any of the equipment or programming associated with or utilized in the Brandy Brothers Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the Brandy Brothers Services may contain links to other websites or services. Brandy Brothers is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Brandy Brothers. Inclusion of any linked website or service on the Brandy Brothers Services does not imply approval or endorsement of the linked website or service by Brandy Brothers. When you access these third party sites and services, you do so at your own risk. Brandy Brothers takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the Brandy Brothers Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Brandy Brothers is not responsible for the conduct, whether online or offline, of any User of the Brandy Brothers Services or Linked Services. Brandy Brothers assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Brandy Brothers is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Brandy Brothers Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Brandy Brothers Services or Linked Services. Under no circumstances shall Brandy Brothers be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Brandy Brothers Services or Linked Services, attendance at a Brandy Brothers event, from any User Content posted on or through the Brandy Brothers Services or Linked Services, or from the conduct of any Users of the Brandy Brothers Services, whether online or offline. The Brandy Brothers Services and Linked Services are provided "AS-IS" and as available and Brandy Brothers expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Brandy Brothers cannot guarantee and does not promise any specific results from use of the Brandy Brothers Services or Linked Services.
10. Limitation on Liability. IN NO EVENT SHALL BRANDY BROTHERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE BRANDY BROTHERS SERVICES OR LINKED SERVICES, EVEN IF BRANDY BROTHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRANDYBROTHERS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BRANDY BROTHERS FOR THE BRANDY BROTHERS SERVICES DURING THE TERM OF MEMBERSHIP.
11. Indemnity. You agree to indemnify and hold Brandy Brothers, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Brandy Brothers Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the Brandy Brothers Services.
12. Other. This Agreement is accepted upon your use of the Brandy Brothers Website or any of the Brandy Brothers Services and is further affirmed by you becoming a Member. Your agreement with Brandy Brothers will always include this Agreement at a minimum. Your access and use of certain Brandy Brothers Services will require you to accept additional terms and conditions applicable to such certain Brandy Brothers Services, in addition to this Agreement, and may require you to download Software or Content. The failure of Brandy Brothers to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us regarding any questions about this Agreement, please use at BrandyBrothers@gmail.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
By participating/registering in any Brandy Brothers Services you agree to Brandy Brothers Terms of Use.