Terms & Conditions

TERMS OF USE

By using Brand Us All and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use, including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the Brand Us All service. By placing any order with Brand Us All you agree to all our terms and it is your responsibility to read our terms.

Brand Us All may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, all services provided by and related to Brand Us All and all text, images, photographs, user interface, "look" and "feel", data and other content included at https://www.brandusall.com from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service".

Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that Brand Us All may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce these Terms and Conditions;

(c) respond to claims that any content violates the rights of third-parties;

(d) respond to your requests for customer service; or

(e) protect the rights, property, or personal safety of Brand Us All its users and the public. Brand Us All Service Generally

(a) Description

Brand Us All Service is an online service where individuals or entities that have signed up with Brand Us All as clients (each, a "Client") can post specific assignments and project descriptions, including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by Brand Us All ("Members"). Brand Us All will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 1(e) below. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.

(b) Creative Brief and Responses

You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the terms and conditions you have established for the Creative or Revision Brief. Brand Us All is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. Brand Us All may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.

(c) Reviewing Responses

When Brand Us All provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform Brand Us All that the Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify Brand Us All that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide Brand Us All with a Revision Brief, Brand Us All will provide you with a subsequent Response that conforms to the additional criteria you requested. Brand Us All is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.

(d) Revision Cycles

Revision cycles generally consist of unlimited additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined.

For packages that offer unlimited revisions (Momentum Builder, Brand Booster, and Powerhouse Pro):

For the Jump Starter package:

(e) Packages

You may select from the following Service Packages: Jump Starter, Momentum Builder, Brand Booster, and Powerhouse Pro.

(f) Client Accounts

When you register for the Service, you must pay for the Service via credit card, or other payment method authorized by Brand Us All. You will be charged for the Package you have selected along with additional products and/or services you select as add-ons. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a Client. Brand Us All will email you a receipt for the transactions in which you are involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before Brand Us All implements any such change in fees.

Registration, Password, User Identity

(a) Your User Identity

When you register as a Client, you will create a user identity (your "User Identity"), which will be your identity for purposes of interacting with other users through the Web Site. Your User Identity will include certain personal information, such as the industry in which you operate. However, your user name need not be your real name. During the registration process, the fields requesting information that will be made available to others as part of your User Identity are identified. You are responsible for ensuring that you are comfortable making such information available to other Web Site users

(b) Access Numbers, Passwords, and Password Access

You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your User Identity, registration identification and password for the Web Site. You shall immediately notify Brand Us All if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification or password, or (ii) any unauthorized use of your registration identification or password or of the Web Site. In the event of such loss, theft, or unauthorized use, Brand Us All may impose on you, at Brand Us All sole discretion, additional security obligations.

Ownership; Rights to Use

(a) Creative and Response Briefs

Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), Brand Us All and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.

(b) Rights of Brand Us All

Upon your submission of Client Information to the Service, you grant Brand Us All a royalty-free, perpetual, irrevocable, sub-licensable , exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.

Nondisclosure and Privacy

Brand Us All intends to use commercially reasonable efforts to follow its privacy policy; as such privacy policy may be changed from time to time at Brand Us All's sole discretion. Notwithstanding the foregoing, Brand Us All cannot and does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious person.

Eligibility, Access, Use and Service

(a) Eligibility Requirements

To register as a Client, you must be at least 18 years of age, agree to these Terms and Conditions and Brand Us All privacy policy, and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. Brand Us All may accept or reject your registration in its sole discretion.

(b) Web Site Security

You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation:

(i) accessing data not intended for you or logging into a server or account that you are not authorized to access;

(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Web Site;

(iv) sending unsolicited email to any user of the Web Site, including promotions and/or advertising of products or services; or

(v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service.

Violations of system or network security may result in civil or criminal liability. Brand Us All will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Brand Us All reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. Brand Us All will use commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to edit, refuse to post or to remove any information or materials, in whole or in part.

(c) Operation of Web Site

Brand Us All shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. Brand Us All reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although Brand Us All intends to use commercially reasonable efforts to make the Web Site and Service accessible, Brand Us All makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. Brand Us All may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Brand Us All shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.

Communications

By using the Brand Us All Service, you agree to receive, via email or otherwise, status notifications, a monthly newsletter, and carefully selected special offers and promotions for certain products and services that we believe could be of value to our Clients. This is essential to maintaining the low-cost of our services. You are free to unsubscribe from any newsletters we send to you at any time. Brand Us All may or may not use a third party to send email or otherwise contact you, however, your personal identifying information will never be disclosed or shared with another party in a manner inconsistent with Brand Us All's privacy policy.

Disclaimers; Indemnification; Limitations of Liability

(a) Responsibility for Content

Brand Us All shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, Brand Us All makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, Brand Us All or otherwise, nor does Brand Us All endorse any opinions expressed by any user of the Web Site, including any Member or Client.

Without limiting the foregoing, Brand Us All makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site, will be at your own risk.

Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights.

Photos / Images

Brand Us All shall not be responsible for any use of photos that are not royalty free. It is the clients' responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and/or designs for any designs created by Brand Us All for the client. This includes websites, website templates, brochures, business cards, postcards, stationery, signage, animations, commercials, slogans, flyers, banners, stickers, promotional items, and/or desktop wallpapers.