BRANDING BABES CO.
Last updated on March 9, 2017.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Your Interaction With Other Users. You are solely responsible for your interactions with other Branding Babes Co Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Branding Babes Co shall have no liability for your interactions with other Users, or for any User’s action or inaction.
FTC DISCLOSURE: Your trust in our honest recommendations is one of our most important assets. First, if we are paid to promote a brand or product, we distinguish this type of sponsored content from our editorial content with statements that say “in partnership with,” “published in collaboration with,” or a similar statement. While we strive to make sponsored content as useful, entertaining, and relevant as possible, we also ensure that it is always kept separate from our normal editorial process. Second, we also receive free products from marketers who are hoping we will enjoy them and potentially spread good words about them. While we absolutely appreciate this merchandise, we only write about them if we are genuinely impressed and we only provide our honest opinion. This unbiased opinion applies also when we may be running paid advertisements elsewhere on the Service for other products sold by the same company. Finally, we may at times use affiliate links to promote products sold by others. We do sometimes receive compensation for these links, but they do not compromise our editorial recommendations.
BRANDING BABES CO CONTENT AND FEEDBACK YOU MAY PROVIDE:
Branding Babes Co Content. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Branding Babes Co Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Branding Babes Co and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Branding Babes Co Content. Use of theBranding Babes Co Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Feedback. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Branding Babes Co under any fiduciary or other obligation, and that we are free to use Feedback without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Branding Babes Co does not waive any rights to use similar or related ideas previously known to North Media, or developed by its employees, or obtained from sources other than you.
COPYRIGHT POLICY: Please refer to our Copyright Policy if you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service.
INDEMNITY: You agree to defend, indemnify and hold harmless Branding Babes Co and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or Intellectual Property Rights; or (iv) your violation of any applicable law, rule or regulation.
GENERAL ASSIGNMENT: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Branding Babes Co without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
GOVERNING LAW: You agree that: (i) the Service shall be deemed solely based in Minnesota; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Branding Babes Co, either specific or general, in jurisdictions other than Minnesota. This Agreement shall be governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in Hennepin County, Minnesota or the United States District Court for the District of Minnesota, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
ARBITRATION: For any dispute with Branding Babes Co, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Branding Babes Co has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Branding Babes Co claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Minneapolis, Minnesota under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Branding Babes Co from seeking injunctive or other equitable relief from the courts as necessary to protect any of Branding Babes Co's proprietary interests.
CLASS ACTION/JURY TRIAL WAIVER: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BRANDING BABES CO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
NOTIFICATION PROCEDURES: Branding Babes Co may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Branding Babes Co in our sole discretion. Branding Babes Co reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Branding Babes Co is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
ENTIRE AGREEMENT/SEVERABILITY: This Agreement, together with any amendments and any additional agreements you may enter into with Branding Babes Co in connection with the Service, shall constitute the entire agreement between you and Branding Babes Co concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
NO WAIVER: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Branding Babes Co's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Branding Babes Co
9700 Waterstone Place #114
Minnetonka, MN 55305