In these website terms of use, we, us, our, brandstrong, flight control or fc means BrandStrong Pty Ltd ABN 69 609 927 737
1. HOW YOU CONSENT TO THESE WEBSITE TERMS OF USE
1.1 These Terms of Service (this “Agreement”) between BrandStrong Pty Ltd ABN 69 609 927 737 (“we”, “us”, “brandstrong”) and you govern your access and use of our graphic design platform made available through www.brandstrong.co (this “site”) and the subscription or other services we provide (the “Services”). By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
1.2 By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site or our app flight control. The materials contained in this web site are protected by applicable copyright and trademark law.
1.3 We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates.
2. PRIVACY POLICY
2.1 Our privacy policy, which can be found at https:/brandstrong.co/privacy-policy/ (the “privacy policy”), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least age 18 to access this Site.
3. THE SERVICES
3.1 You own all graphics and files we create during any month paid in full. You agree that any materials provided to us are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues.
3.2 “Licensed Content” means content that we own or license, including artwork, stock photographs, audio, typeface, video, designs, and writings. While you are and will be, the sole and exclusive owner of all right, title, and interest in and to your graphic design project, the Licensed Content incorporated in your graphic design project is subject to the license described in the section below. No rights are granted to you other than as expressly set forth herein. You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions or recommendations that you provide to us.
3.3 Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. Competitors are excluded from using our website to compete, monitor its availability, performance, or functionality for competitive purposes.
4. USE OF THE SERVICES
4.1 While we can accept unlimited requests, our output volume depends on many factors, namely depending on request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time-sensitive requests until you and our team are fully calibrated.
4.2 The “three business day” turnaround commences once ALL assets, including text and images, have been supplied. Requests or revisions will not be assigned if they are unclear, vague or missing required assets and information. Normally any request or revision assigned before 5 pm AEST will be completed by the next business day, no later than 7 pm AEST. Requests or revisions assigned after 5 pm AEST, during the weekend or on an Australian Public holiday normally will be completed in 2 business days. These timelines may change due to the nature of our business as ultimately determined by our team. We will work closely with you to ensure we work towards any deadlines you may have. This is not a guarantee, but a promise to do our best.
4.3 The materials on BrandStrong’s website are provided “as is”. BrandStrong makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BrandStrong does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4.4 While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error-free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. BrandStrong is not responsible or liable for any losses or expenses incurred from errors or omissions.
4.5 BrandStrong is designed for the reasonable use of an average non-creative based small business. We are not meant to replace a full-time graphic designer – This means you need to treat this as a service, not an employee. If we find that you are not in alignment with our model, core values or are abusing our services or team in any way, we reserve the right to cancel your account. We also reserve the right to refuse jobs submitted based on them being ill-natured, deceptive, pornographic or illegal in nature. Again, this may result in the cancellation of your account.
5. FEES
5.1 BrandStrong is a subscription based service, billed monthly in advance. As such, when you sign up, you agree to BrandStrong automatically deducting each month’s fee on, or around the same date as you signed up. Overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower. We reserve the right to terminate your account in the event of non-payment of amounts owed to us. All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided in this section.
5.2 We reserve the right to change our fees without notice. By continuing to use the services, you accept such changes. We are not required to notify you of temporary promotions or reductions in fees.
5.3 If you wish to cancel the subscription, you can do so at any time, for whatever reason, within our web-app, when logged in by hovering over the profile icon in the top right corner, and selecting ‘Upgrades’, then clicking on ‘Cancel Account’. Upon cancellation, you will continue to have access to our Services and design files right through to the end of your current paid billing term. Once the billing term has ended after cancellation, you will no longer have access to our Services and may lose access to your design files through our site.
5.4 You may request a refund from us if you cancel your subscription while you are on one of our paid trial accounts, within the first 14 days of signing up. After this 14-day window, we will not issue a refund. From time to time, we may refuse a refund request on our trial accounts if in our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behaviour. Promotions, upgrades, renewals and adjustments to existing plans are non-refundable.
5.5 We do not issue refunds due to change of mind. This is a service, rather than a product. As such, we provide the option to cancel your subscription at any time. No pro-rata refund will be given if you cancel part way through a month that you have paid for.
6. SAMPLE WORK
6.1 We reserve the right to publish your work in our portfolio, social media or other communication efforts. If there is something you’d like us to hold off on for confidentiality reasons, please let us know in your request or via email to [email protected].
7. LIABILITY WAIVER
7.1 WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED FIFTY DOLLARS, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7.2 To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our website and/or the Content and/or any inaccessibility of, interruption to or outage of our website and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
8. INDEMNIFICATION
8.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED TO CUSTOMER CONTENT OR USE OF THE SERVICES OR ANY DELIVERABLES. YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
8.2 To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
9. LINKS, REVISIONS AND ERRATA
9.1 The materials appearing on BrandStrong’s web site could include technical, typographical, or photographic errors. BrandStrong does not warrant that any of the materials on its web site are accurate, complete, or current. BrandStrong may make changes to the materials contained on its web site at any time without notice. BrandStrong does not, however, make any commitment to update the materials.
9.2 Our website may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations to ensure those websites are suitable for you.
9.3 BrandStrong may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
9.4 To the maximum extent permitted by law, we make no representations or warranties about our website or the Content, including that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses; or our website will be secure.
- You read, use and act on our website and the Content at your own risk.
10. GOVERNING LAW
10.1 Use of our website and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
10.2 If you access our website and you are based overseas, we do not represent that our website complies with the laws (including intellectual property laws) of the country in which you reside (if you reside outside Australia). You are responsible for complying with the laws of the jurisdiction where you access our website and please note that you access our website at your own risk.
10.3 THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
10.4 THE PARTIES AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11. DISCONTINUING OUR WEBSITE
11.1 We have a right to discontinue this website. This can be at any time, and maybe without notice. We may also exclude any person from using our website, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
12. FORCE MAJEURE
12.1 If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to a pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labour disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third-party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.
12. FORCE MAJEURE
12.1 If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.
13. Digital Millennium Copyright Act
13.1 We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials from this Site by submitting written notification to our agent designated below.
13.2 In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the ”DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works; (iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the written notice is accurate; (vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
13.3 Our designated agent to receive DMCA Notices is: Operations Manager BRANDSTRONG PTY LTD. 35a Morris Cct Thornlands, Queensland, Australia. Email: [email protected]
In these website terms of use, we, us, our, brandstrong, flight control or fc means BrandStrong Pty Ltd ABN 69 609 927 737
1. HOW YOU CONSENT TO THESE WEBSITE TERMS OF USE
1.1 These Terms of Service (this “Agreement”) between BrandStrong Pty Ltd ABN 69 609 927 737 (“we”, “us”, “brandstrong”) and you govern your access and use of our graphic design platform made available through www.brandstrong.co (this “site”) and the subscription or other services we provide (the “Services”). By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
1.2 By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site or our app flight control. The materials contained in this web site are protected by applicable copyright and trademark law.
1.3 We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates.
2. PRIVACY POLICY
2.1 Our privacy policy, which can be found at https:/brandstrong.co/privacy-policy/ (the “privacy policy”), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least age 18 to access this Site.
3. THE SERVICES
3.1 You own all graphics and files we create during any month paid in full. You agree that any materials provided to us are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues.
3.2 “Licensed Content” means content that we own or license, including artwork, stock photographs, audio, typeface, video, designs, and writings. While you are and will be, the sole and exclusive owner of all right, title, and interest in and to your graphic design project, the Licensed Content incorporated in your graphic design project is subject to the license described in the section below. No rights are granted to you other than as expressly set forth herein. You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions or recommendations that you provide to us.
3.3 Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. Competitors are excluded from using our website to compete, monitor its availability, performance, or functionality for competitive purposes.
4. USE OF THE SERVICES
4.1 While we can accept unlimited requests, our output volume depends on many factors, namely depending on request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time-sensitive requests until you and our team are fully calibrated.
4.2 The “three business day” turnaround commences once ALL assets, including text and images, have been supplied. Requests or revisions will not be assigned if they are unclear, vague or missing required assets and information. Normally any request or revision assigned before 5 pm AEST will be completed by the next business day, no later than 7 pm AEST. Requests or revisions assigned after 5 pm AEST, during the weekend or on an Australian Public holiday normally will be completed in 2 business days. These timelines may change due to the nature of our business as ultimately determined by our team. We will work closely with you to ensure we work towards any deadlines you may have. This is not a guarantee, but a promise to do our best.
4.3 The materials on BrandStrong’s website are provided “as is”. BrandStrong makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BrandStrong does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4.4 While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error-free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. BrandStrong is not responsible or liable for any losses or expenses incurred from errors or omissions.
4.5 BrandStrong is designed for the reasonable use of an average non-creative based small business. We are not meant to replace a full-time graphic designer – This means you need to treat this as a service, not an employee. If we find that you are not in alignment with our model, core values or are abusing our services or team in any way, we reserve the right to cancel your account. We also reserve the right to refuse jobs submitted based on them being ill-natured, deceptive, pornographic or illegal in nature. Again, this may result in the cancellation of your account.
5. FEES
5.1 BrandStrong is a subscription based service, billed monthly in advance. As such, when you sign up, you agree to BrandStrong automatically deducting each month’s fee on, or around the same date as you signed up. Overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower. We reserve the right to terminate your account in the event of non-payment of amounts owed to us. All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided in this section.
5.2 We reserve the right to change our fees without notice. By continuing to use the services, you accept such changes. We are not required to notify you of temporary promotions or reductions in fees.
5.3 If you wish to cancel the subscription, you can do so at any time, for whatever reason, within our web-app, when logged in by hovering over the profile icon in the top right corner, and selecting ‘Upgrades’, then clicking on ‘Cancel Account’. Upon cancellation, you will continue to have access to our Services and design files right through to the end of your current paid billing term. Once the billing term has ended after cancellation, you will no longer have access to our Services and may lose access to your design files through our site.
5.4 You may request a refund from us if you cancel your subscription while you are on one of our paid trial accounts, within the first 14 days of signing up. After this 14-day window, we will not issue a refund. From time to time, we may refuse a refund request on our trial accounts if in our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behaviour. Promotions, upgrades, renewals and adjustments to existing plans are non-refundable.
5.5 We do not issue refunds due to change of mind. This is a service, rather than a product. As such, we provide the option to cancel your subscription at any time. No pro-rata refund will be given if you cancel part way through a month that you have paid for.
6. SAMPLE WORK
6.1 We reserve the right to publish your work in our portfolio, social media or other communication efforts. If there is something you’d like us to hold off on for confidentiality reasons, please let us know in your request or via email to [email protected].
7. LIABILITY WAIVER
7.1 WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED FIFTY DOLLARS, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7.2 To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our website and/or the Content and/or any inaccessibility of, interruption to or outage of our website and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
8. INDEMNIFICATION
8.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED TO CUSTOMER CONTENT OR USE OF THE SERVICES OR ANY DELIVERABLES. YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
8.2 To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
9. LINKS, REVISIONS AND ERRATA
9.1 The materials appearing on BrandStrong’s web site could include technical, typographical, or photographic errors. BrandStrong does not warrant that any of the materials on its web site are accurate, complete, or current. BrandStrong may make changes to the materials contained on its web site at any time without notice. BrandStrong does not, however, make any commitment to update the materials.
9.2 Our website may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations to ensure those websites are suitable for you.
9.3 BrandStrong may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
9.4 To the maximum extent permitted by law, we make no representations or warranties about our website or the Content, including that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses; or our website will be secure.
- You read, use and act on our website and the Content at your own risk.
10. GOVERNING LAW
10.1 Use of our website and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
10.2 If you access our website and you are based overseas, we do not represent that our website complies with the laws (including intellectual property laws) of the country in which you reside (if you reside outside Australia). You are responsible for complying with the laws of the jurisdiction where you access our website and please note that you access our website at your own risk.
10.3 THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
10.4 THE PARTIES AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11. DISCONTINUING OUR WEBSITE
11.1 We have a right to discontinue this website. This can be at any time, and maybe without notice. We may also exclude any person from using our website, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
12. FORCE MAJEURE
12.1 If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to a pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labour disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third-party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.
12. FORCE MAJEURE
12.1 If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.
13. Digital Millennium Copyright Act
13.1 We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials from this Site by submitting written notification to our agent designated below.
13.2 In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the ”DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works; (iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the written notice is accurate; (vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
13.3 Our designated agent to receive DMCA Notices is: Operations Manager BRANDSTRONG PTY LTD. 35a Morris Cct Thornlands, Queensland, Australia. Email: [email protected]