Terms of Service

Welcome to the BRANDKIND Terms of Service! This document governs your use of our Services. By using our Services, you agree to all the provisions in this document, so it is important that you read them carefully. 

 

1. Introduction

Welcome to the Terms of Service (the “Terms”) of BRANDKIND LLC. (“BRANDKIND” “we,” “our,” or “us”), located in Walnut Creek, California. By accessing our Services, you agree to these Terms of Services. We provide professional consulting services and content for organizations and individuals, facilitate partnerships, maintain a marketplace to buy and sell content, and offer related services through our websites, mobile applications, and social media pages (collectively referred to by us as the “Services”). These Terms serve as a binding legal agreement between us and all users of the Services we offer (collectively referred to as “users” or “you”).

 

2. Acceptance of Terms

By using our Services, you signify your agreement to these Terms of Services. If you do not agree to these terms, please do not use our Services. 

 

3. Eligibility

To access or use the Services, you agree that you: (1) are at least eighteen (18) years of age; and (2) have all legal rights and authority to enter into these Terms on behalf of yourself, or any legal entity that you represent. If you are entering into these Terms on behalf of an entity, all references to “you” throughout the Terms will also apply to the entity. If you are under age 18, you may only use our Services with the valid consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. If you are a parent or guardian of a user under the age of 18, you acknowledge and agree that you have the authority to provide consent on behalf of such user, and that you provide consent for such user to use our Services.

 

4. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of our Services, to understand our practices.

 

5. User Conduct

You agree to use our Services only for lawful purposes. You are prohibited from using our Services in a way that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Services. You are prohibited from using the Services for commercial purposes except as permitted by us or in compliance with an applicable developer agreement or API provided by us. You are prohibited from interfering with or disrupting our Services or servers or networks connected to the Services. Unauthorized use of these Services may give rise to a claim for damages and/or be a criminal offense.

 

6. Intellectual Property Rights

All “Content” in our Services, including text, graphics, logos, and images, digital downloads, data compilations, and software is the property of BRANDKIND or its content suppliers and is protected by United States and international copyright laws.

The compilation of all content on our Services is the exclusive property of BRANDKIND, with copyright authorship for this compilation by BRANDKIND. Our Services grants you a limited license to access and make personal use of its content and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BRANDKIND. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted herein are reserved by BRANDKIND.

​Content may refer to marks owned by third parties. All such third-party marks are the property of their respective owners. No sponsorship, endorsement, or approval of this document by the owners of such marks is intended, expressed, or implied. Images in our content, unless specifically stated otherwise, were created with generative AI technology. 

 

7. User-Generated Content and Feedback

We may permit you to upload, create, and/or share content using our Services, including music, video, audio, text, graphics, and other materials (collectively, “User Content”). If you post or upload any content to our Services, you agree to follow our content standards.

 

You must have the right to use any such content and agree to be responsible for it. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion.

 

You agree that you own such User Content or that in posting or submitting User Content, you are not infringing upon any copyrights or rights of publicity of others, and that your posting or transmission of User Content will not violate any third-party rights. Subject to our Privacy Policy and any applicable Additional Terms, by uploading any User Content you hereby grant us, and our affiliated companies and partners, a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify, analyze, and otherwise use and fully exploit your User Content and its meta data, in any and all media, form, technology or distribution methods now known or later developed and for any and all purposes, including for BRANDKIND’s marketing and other commercial purposes (e.g., creating co-branded or co-sponsored content). You further grant us a royalty-free license to use your name, image, voice, and likeness to identify you as the source of any of your User Content. 

 

You acknowledge and agree that when you view User Content on the Services, you are doing so at your own risk. Under no circumstances will we be liable for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such User Content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that we do not have an obligation to pre-screen User Content, but that we have the right in our sole discretion to refuse or remove, or to edit, any User Content. Without limiting the foregoing, we have the right, in our sole discretion, to remove any User Content that violates these Terms or is deemed by us to be otherwise objectionable. 

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Services (“Submissions”), provided or submitted by you to us via the Services or otherwise (such as on our social media pages, or in social media posts by you that incorporate our usertags/hashtags) are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

You acknowledge and agree that we have limited practical ability to control or monitor possible infringement of your intellectual property rights by other parties and that we assume no responsibility for controlling or monitoring such alleged infringement. We are not responsible for enforcing your intellectual property rights, including by issuing cease and desist letters, filing suit or taking other legal action against alleged infringers. Any infringements shall be reported in accordance with our Copyright Policy for making claims of copyright and/or other intellectual property infringements.

 

8. Account

To access and use our Services, you may be required to register and create an account. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted during registration. You agree to provide and maintain a valid email address and to ensure that you can receive transaction emails (e.g. ensuring that they are not caught by your spam filters) from BRANDKIND. You are fully responsible for any and all activities that occur under your account, and it is your responsibility to choose a strong account password and to ensure that your password remains confidential. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security using the contact information contained at the end of these Terms, and (b) ensure that you exit from your account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising from your failure to comply with this Section.  

 

9. Third Party Websites and Services

Our Services may include links or other access to third-party sites and services. We have no control over such sites and services and we are not responsible for and do not endorse such sites and services. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or services.

 

10. Legal Compliance

You acknowledge, consent, and agree that we may access, preserve, and disclose your information and/or any User Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms, our Privacy Policy or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; and (4) to protect the rights, property, or personal safety of us, our agents and affiliates, our users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

 

11. Disclaimer of Warranties

This Services and all information, content, materials, and services included on or otherwise made available to you through our Services are provided by BRANDKIND on an "as is" and "as available" basis, unless otherwise specified in writing. BRANDKIND does not guarantee the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered in our Services.

 

12. Limitation of Liability

BRANDKIND will not be liable for any damages of any kind arising from the use of our Services or from any information, content, materials, products, or services included on or otherwise made available to you through our Services. 

 

13. Indemnification and Release

To the fullest extent permitted by law, you agree to release, indemnify, and hold harmless BRANDKIND, its officers, directors, employees, and our partners and their officers, employees, directors and agents from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Content or User Content, your violation of these Terms, or your violation of any laws or the rights of a third party (“Claims”). This release is intended to be a general and complete release of all Claims and all released persons may plead the existence of this release as a full and complete defense to any Claim.

 

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

YOU ACKNOWLEDGE THAT YOU ENTER INTO THIS RELEASE FREELY, KNOWINGLY, AND VOLUNTARILY, AND THAT YOU INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES. 

 

14. International Use

We make no representation that our Services are appropriate, legal, or available for use in locations outside of the United States. If you access the Services from outside the United States, you do so at your own volition and risk and are responsible for compliance with local law.

 

15. Modification of Terms

BRANDKIND reserves the right to make changes to our Services, policies, and these Terms of Services at any time.

 

16. Governing Law and Jurisdiction

These Terms of Services and any dispute of any sort that might arise between you and BRANDKIND shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of courts in the state of California for any matter or dispute arising in relation to these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

17. Severability and Non-Waiver

If any provision of these Terms of Services deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Services and shall not affect the validity and enforceability of any remaining provisions.

 

18. General Terms

These Terms constitute the entire agreement between you and us and govern your use of our Services. The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.  

 

Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml.

 

19. Contact Information

For any questions or concerns about these Terms of Services, please contact us at hello@brandkind.marketing.