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User
Agreement and Terms of Service BRAVISA
has established an online tool for anyone to make money by selling products
without the burden of ownership thorough an interactive on-line retail service,
which is located at http://www.bravisa.com (the "Web Site"). BRAVISA
provides a number of services through the Web Site. One such service enables users to sell merchandise
such as shirts, coffee, and computers (collectively, "Products"). BRAVISA
users may sell Products from their own page hosted on the Web Site.
Additionally, BRAVISA users may purchase Products from the pages of other
users, or their own page, hosted on the Web Site. Users who would like to manufacture
Products for others to sell must enter into the Manufacturer Agreement. 1. Acceptance of Terms The following User
Agreement ("Agreement") outlines the terms under which bravisa.com, (the
"Web Site") and related services (“Services”) are available to you, the
“User”. This Agreement may be updated from time to time without notice to you.
Your continued use of this Web Site after any such changes constitutes your
acceptance of the new terms. If you have any questions about the Agreement, you
may contact our legal department at legal@bravisa.com. 2. User Account You must be at least 13 years of age in order to use the Web Site. Please contact us if
you have any concerns or questions about this restriction. You will need
to provide your contact information and create
a password as part of the Account set up. You are solely responsible for keeping
your Account in good standing and maintaining the confidentiality of the
password and Account. You agree to (a) immediately notify BRAVISA of any
unauthorized use of your password or Account or any other breach of security,
and (b) ensure that you exit from your Account at the end of each session. BRAVISA
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 2. You agree that the Account
you set up is for your use only and not for another person, including but not
limited to any persons under the age of 13, or any other persons who have been
de-listed from the site. You agree that BRAVISA, in
its sole discretion, may terminate your password, account (or any part thereof)
or use of the Web Site, at any time for any reason. You agree that any
termination of your access to the Web Site under any provision of this
Agreement may be effected without prior notice, and acknowledge and agree that BRAVISA
may immediately deactivate or delete your account and all related information to
your account. 3. Privacy Policy Your privacy is
very important to BRAVISA. Users of this Web Site should refer to BRAVISA’s
privacy policy for information about how BRAVISA collects and uses personal
information. By accepting this Agreement you expressly consent to BRAVISA's
disclosure and use of your personal information (including using email to
communicate with you) as described in the privacy policy, which is incorporated
herein by reference. 4. User Conduct In using this Web
Site, you agree to not: 4.1.
post, upload, or otherwise transmit any materials including but
not limited to text, data, photos, graphics, or any of these elements in
combination as a design for products available on this Web Site or otherwise
("Content") that are unlawful, harmful, threatening, abusive, vulgar,
harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous,
hateful, or racially, ethnically or otherwise objectionable, or invasive of
another's rights including but not limited to rights of celebrity, privacy and
intellectual property. 4.2.
impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity; 4.3.
post, upload, or otherwise transmit any Content that may infringe
any patent, trademark, trade secret, copyright or other intellectual or
proprietary right of any party. By uploading any Content, you represent and
warrant that you have the lawful right to reproduce and distribute such Content
and that the Content complies with all applicable federal, state and local
laws, regulations and ordinances; 4.4.
post, upload, or otherwise transmit any Content that would
constitute or encourage a criminal offense, violate the rights of any party, or
that would otherwise create liability or violate any local, state, national, or
international law; 4.5.
post, upload, or otherwise transmit any unauthorized advertising,
junk mail, spam, or chain letters; 4.6.
post, upload, or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment; 4.7.
post, upload, or otherwise transmit false or misleading
information; 4.8.
disrupt or interfere with the security of, or otherwise abuse, the
Web Site, or any services, system resources, accounts, servers, or networks
connected to or accessible through the Web Site. You acknowledge
that BRAVISA does not pre-screen submitted Content, but that BRAVISA and its
designees shall have the right (but not the obligation) in their sole
discretion to reject or remove any Content that is available via the Web Site.
Upon placing your order, you acknowledge that BRAVISA may review your order,
and the Content it contains, for adherence to our guidelines and compliance
with the terms and conditions set forth in this Agreement. Without limiting the
foregoing, BRAVISA and its designees shall have the right to remove any Content
that violates the Agreement or is otherwise objectionable to BRAVISA. You agree
that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content, created by or submitted to, BRAVISA. You acknowledge and agree that
you are responsible for the creation and compilation of your Content, and that
neither BRAVISA nor any other party involved with the production of any product
incorporating such Content assumes that responsibility. The production by any BRAVISA
manufacturer of any product depicting your Content does not indicate that BRAVISA
approves of the Content, that the Content obeys all applicable laws, or that
you are absolved of any liability or harm arising from the use of the Content. You acknowledge
and agree that BRAVISA may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (i) comply with legal process; (ii)
enforce the Agreement; (iii) respond to claims that any Content violates the
rights of third-parties; or (iv) protect the rights, property, or personal
safety of BRAVISA, its users and the public. In addition,
you agree that you are solely responsible for actions and communications
undertaken or transmitted under your account. BRAVISA takes no responsibility
and assumes no liability for any Content uploaded or otherwise transmitted by
or to you or by or to any third-party, or for any mistakes, defamation,
slander, libel, omissions, falsehoods, infringement, obscenity, pornography or
profanity you or a third party may encounter. BRAVISA reserves the right but
not the obligation to remove any materials it deems objectionable. You hereby
agree to waive any claims against BRAVISA and its manufacturers, distributors,
wholesalers, contractors, agents and employees for losses, damages and injuries
which are based on or relate to communications or materials made available to
the Web Site or posted on the Web Site by persons other than BRAVISA. You
hereby agree to indemnify BRAVISA and its affiliates from all claims and
expenses, including reasonable attorney's fees, which claims are based on or
arise from your violation of any of the provisions of this Agreement. No earnings
will be owed or paid on the sale of any items containing an image or content which
is in violation of any of the provisions of this Agreement, including but not
limited to no earnings on any images that contain objectionable content or are
posted in violation of the intellectual property, privacy or celebrity rights
of any person or entity. You acknowledge
and agree that you will use this Web Site and any products on this Web Site at
all times in accordance with all applicable United States federal, state and
local laws, statutes, regulations and ordinances and will not take any action
that harms or violates the rights of any person or entity. 5. Pricing Prices for
products on BRAVISA are described on our website and are incorporated into this
Agreement by reference. All prices are in US dollars. Prices and products may
change at BRAVISA's discretion. 6. Shipping Title and risk
of loss for all Products ordered by you shall pass to you on shipment from BRAVISA's
manufacturer to the shipping carrier. 7. Proprietary Rights You acknowledge
and agree that any Content, including but not limited to text, data, photos,
graphics, etc. or other material contained or distributed on or through the Web
Site, by BRAVISA or other third parties, is protected by trademarks, service
marks, patents, copyrights, or other proprietary rights and laws. You retain all
ownership rights to your Content. However, by submitting Content to BRAVISA,
you grant BRAVISA and its manufacturers a nonexclusive, worldwide, transferable
license to copy, crop, reproduce, publicly display, and distribute your
Content. If your Content is uploaded as a design for products available on this
Web Site, you grant the additional rights set forth in the Non-Exclusive
License Agreement. You acknowledge
and agree that the Web Site and any software used in connection with the Web
Site ("Software") contains proprietary and confidential information
that is protected by applicable intellectual property and other laws. You agree
not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Web Site or the Software, in whole or in part. The
intellectual property rights in or relating to the content of any notes,
messages, e-mails, postings, letters, ideas, suggestions, concepts or other
written materials which you submit or communicate to BRAVISA (excluding the
Content) will automatically be deemed to be assigned, granted and transferred
by you to BRAVISA upon their submission or communication to BRAVISA, and you
agree that the same will automatically become the property of BRAVISA. 8. Copyright and Trademark
Policy BRAVISA may
terminate the accounts of users who appear to infringe the copyright or other
intellectual property rights of others. If you believe
that your Content has been copied in a way that constitutes copyright and/or
trademark infringement, please notify BRAVISA (legal@bravisa.com), and provide
the following information ("Notice"): 8.1. description of the
copyrighted work and/or trademark claimed to have been infringed; 8.2. description of where the
claimed infringing Content is located on our Web Site; 8.3. signature of the person
authorized to act on behalf of the owner of the copyright/trademark interest; 8.4. statement by you that
you have a good faith belief that the disputed use is not authorized by the
copyright/trademark owner, its agent, or the law; 8.5. statement by you, made
under penalty of perjury, that the above information in your Notice is accurate
and that you are authorized to act on behalf of the owner of the
copyright/trademark interest involved. 8.6. your address, telephone
number, and email address 9. No Resale You agree not
to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Web Site without BRAVISA's express written
consent. 10. Termination You agree that BRAVISA,
in its sole discretion, may terminate your account (or any part thereof) or use
of the Web Site, and remove and discard any Content you may have contributed to
the Web Site, at any time for any reason. BRAVISA may also in its sole
discretion and at any time discontinue providing the Web Site, or any part
thereof, with or without notice. You agree that any termination of your access
to the Web Site under any provision of this Agreement may be effected without
prior notice, and acknowledge and agree that BRAVISA may immediately deactivate
or delete your account and all related information and files in your account
and/or bar any further access to such files of the Web Site. Further, you agree
that BRAVISA shall not be liable to you or any third-party for any termination
of your access to the Web Site. Should you object to any terms and conditions
of the Agreement or become dissatisfied with the Web Site in any way, your only
recourse is to immediately discontinue your use of the Web Site and/or
terminate your account. 11. Links The Web Site
may provide, or third parties may provide, links to other websites or
resources. Because BRAVISA has no control of such sites and resources, you
acknowledge and agree that BRAVISA is not responsible for the availability of
such sites or resources, and does not endorse and is not responsible or liable
for any content, advertising, products or other materials on or available from
such sites or resources. You further acknowledge and agree that BRAVISA shall
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 such content, goods or services available on or through any such site or
resource. 12. WARRANTY OF OWNERSHIP
AND NON-INFRINGEMENT YOU REPRESENT
AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE
CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY
RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO
REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE
PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR
ANY PARTS OF THE CONTENT. 13. DISCLAIMER OF WARRANTIES YOU UNDERSTAND
AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRAVISA AND ITS AFFILIATES
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRAVISA DOES
NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR
REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT BRAVISA
SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH
THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF
DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME,
MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION,
OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BRAVISA, ITS AFFILIATES,
ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS. YOU EXPRESSLY
AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE
DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR
SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE
THAT BRAVISA DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR
SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS
OTHERWISE AGREED IN WRITING, BRAVISA AND ITS AFFILIATES ASSUME NO
RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY,
CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS
DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE
THAT BRAVISA MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF
INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRAVISA OR THROUGH
OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
AGREEMENT. 14. Indemnity You agree to
defend, indemnify and hold BRAVISA and BRAVISA's officers, directors,
employees, agents and licensors harmless from all judgments, awards, losses,
liabilities, costs and expenses, including but not limited to reasonable
attorney's fees, expert witness fees, and costs of litigation arising out of or
based on (a) content you submit, post to or transmit through the Web Site, (b)
your use of the Web Site, (c) your connection to the Web Site, (d) your
violation of the Agreement or (e) your violation of any rights of a third
party. 15. LIMITATION OF LIABILITY YOU EXPRESSLY
UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION,
ITS OWN NEGLIGENCE, SHALL BRAVISA OR ITS OFFICERS, EMPLOYEES, AFFILIATES,
DIRECTORS, AGENTS, MANUFACTURERS, OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, TRANSMITTING, OR DISTRIBUTING BRAVISA OR RELATED SERVICES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRAVISA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE
THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER
RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE
ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW. 16. GENERAL These terms and
conditions shall be governed by and construed in accordance with the laws of
the state of 17.The Children's Online Privacy Protection Act of 1998 In order to comply with The Children's Online Privacy Protection Act of 1998 (COPPA), websites must provide a date of birth field to confirm a prospective member is 13 years of age or older. The primary goal of COPPA is to give parents control over what online information is collected on their children and how such information is used. All personal information at Bravisa is kept confidential. We will never engage in the selling of the habits, behavior, buying patterns, or demographic information of our users. We use the information we collect about you to process orders and provide the best service possible. Please visit our Privacy Policy for more information. |
