The services are provided by Huber Brothers Ltd., London, Zweigniederlassung Zürich,
c/o Manuel Huber, Turbinenstrasse 46, 8005 Zürich, Switzerland. (hereinafter referred to as “BRANDFORT”).
1.1. Access to the Services
1.1.1. These general terms and conditions of use ("General Terms and Conditions of Use") shall govern the use of the website www.brandfort.co and related platform ("Website"), which belongs to BRANDFORT. The purpose is to provide information about the activity of the Company and enable the use of the services offered by BRANDFORT (“Service” or “Services”).
1.2. Agreement to the General Terms and Conditions of Use and, where appropriate, the Specific Conditions
1.2.1. By accessing the Services, you, the User, agree to these General Terms and Conditions of Use so please read them carefully before using them. If you do not agree to these General Terms and Conditions of Use, please do not use the Services or its contents.
1.2.2. Some of the above-mentioned Services may be subject to specific conditions established at any time. From now on, such conditions, or any other specific conditions for the Services offered on the Website at any time, shall be referred to as "Specific Conditions".
1.2.3. In addition, BRANDFORT informs the users of the Services that these General Terms and Conditions of Use and the Specific Conditions to the Service can be modified or amended at any time. Therefore, BRANDFORT will provide the User with reasonable prior written notice of any change. If the User does not want to agree to any changes made, the User should stop using that Service, because by continuing to use the Services the User indicate their agreement to be bound by the updated terms.
1.3. Services Use. Legal age
1.3.1. The User declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use and the Specific Conditions when appropriate. The User also commits to use the Services and the information contained therein properly, and to comply with any given applicable regulation.
2.1. Registration and use of electronic signature
2.1.2. The User must activate a username and password in order to fully use and enjoy some of the Services. This identification system shall have the status of electronic signature of the User in every way when dealing with BRANDFORT and the rest of the users of the Services ("Electronic Signature").
2.1.3. The Electronic Signature of each User shall be personal and non-transferable. The User is obliged to inform BRANDFORT of any changes to his or her personal data and is responsible for preventing unauthorized access and/or use of the Electronic Signature by a third party on his or her behalf. In addition, the User shall be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom.
2.1.4. In any case, the User shall be responsible for using the Services properly and safekeeping the Electronic Signature and shall refrain from using the Electronic Signature for illicit purposes or for any purpose that violates these General Terms and Conditions of Use or any Specific Conditions.
2.2. Creating an Account
2.2.1. By creating a BRANDFORT Account, you agree to:
(i) provide true, accurate, current, and complete information about yourself, as prompted by the Service’s registration form (the “Registration Data”);
(ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
(iii) provide, if applicable, a valid payment method for paying any fees associated with the Service;
(iv) use only the BRANDFORT Account you created to access the Service;
(v) not allow your BRANDFORT Account to be used by anyone else to access the Service; and
(vi) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.
2.2.3. You hereby consent to the use of your activities on the Service by BRANDFORT to optimize the availability and presentation of Content to you.
2.3. Account contested by 2 or more parties
2.3.1. In the case of an account being contested by 2 or more parties, BRANDFORT will determine whom to grant ownership of the account to in the following way: a) Tthe ownership of a PRO account will be granted to whichever party made the most recent payment in the account, unless proven otherwise.
2.5. Termination of your BRANDFORT Account
2.5.1. You may terminate your BRANDFORT Account at any time by using the account termination option If you terminate your BRANDFORT Account you may still be able to access certain portions of the Service, but you will not have access to certain features that are available to BRANDFORT Account holders.
2.5.2. We may also terminate your BRANDFORT Account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability. In the event that your BRANDFORT Account is terminated, we will cease charging you any fees.
3.1. Fees for Services
3.1.1. BRANDFORT reserves at any time the right to require payment of fees for certain or all Services. You shall pay all applicable fees (including any overage fees), as described on the Specific Conditions in connection with such Services selected by you. BRANDFORT reserves the right to change its price list and to institute new charges at any time upon notice to you (i.e. on the website and/or by email) provided that, for Services billed on a subscription basis, monthly paying users will be given at least 6 months at the old pricing, and yearly paying users will be given at least 1 year at the old pricing from the point at which the new pricing comes into effect.
3.1.2. By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges. Any fees paid hereunder are non-refundable, except as provided in these General Terms and Conditions of Use, in the Specific Conditions or when required by law.
3.2. Failure to pay fees
3.2.1. Failure to pay fees (including any overage fees) when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
4.1. Prohibited activities While using the Service, you agree not to engage in any of the following prohibited activities:
a) Use, display, mirror, or frame the Service, any individual element within the Service, the BRANDFORT name, trademark, logo or other proprietary information, or the layout and design of any portion of the Service, without BRANDFORT’s express written consent.
b) Access the Service by any means other than through interfaces provided by BRANDFORT and as otherwise expressly authorized under these Terms of Service.
c) Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BRANDFORT or any of our providers or any other third party (including another user) to protect the Service.
e) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
f) Attempt to access or search the Service or scrape or download Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BRANDFORT or other generally available third party web browsers or search engines.
g) Send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation.
h) Use any meta tags or other hidden text or metadata utilizing the Service or a BRANDFORT trademark, logo, or URL without BRANDFORT’s express written consent.
i) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
j) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your BRANDFORT Account) or your access to or use of the Service.
k) Collect or store any personally identifiable information from other persons of the Service without their express permission.
l) Stalk or otherwise harass another person or entity.
m) Impersonate or misrepresent your affiliation with any person or entity.
n) Violate any applicable law or regulation.
o) Without limiting any other provision of these Terms of Service, allow any other person or entity to use your BRANDFORT Account.
p) Encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
4.2. No reverse engineering In particular, you agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Brandforts, Services or Contents.
5.1. Sharing through Social Media and third parties platforms
5.1.1. The Service may include functionality that allows you to access and post content to Social Media and third parties platforms regarding your activities on the Service. If you choose to use this functionality, BRANDFORT may:
(i) have access to certain information that you make available through the applicable Social Media or third parties platforms and that the applicable Social Media or third party platform has made available to BRANDFORT; or
(ii) post status messages, notes, photos, videos and other materials to the applicable Social Media or third party platform on your behalf.
5.1.2. By connecting your BRANDFORT Account with your account on a Social Media or third party platform, you grant us permission to access and use the information that you make available through the applicable Social Media or third party platform and that the applicable Social Media or third party platform has made available to BRANDFORT, in accordance with the privacy or other settings that are applicable to your Social Media or third party platform account. For more information on how you can manage the information provided to BRANDFORT by the applicable Social Media or third party platform, please review the privacy settings applicable to your Social Media or third party platform account.
5.1.3. Social Media or third parties platforms are not partners or representatives of BRANDFORT and BRANDFORT is not responsible for the acts or omissions of any Social Media or third party platform in connection with your account with the applicable Social Media or third party platform.
5.2. Compliance with Social Media or third party platform Policies
7.1. All Website contents other than User Content (including but not limited to databases, images, photographs, patents, utility and industrial models) are the property of BRANDFORT or its content providers, in which case those contents have been licensed to BRANDFORT, and they are protected by Spanish or international regulations governing industrial and intellectual property. The compilation (that is, the collection, design, sorting and assembling) of the contents of the Website is exclusively owned by BRANDFORT and is protected by the applicable laws governing industrial and intellectual property.
7.2. All the software utilized for the use and development of the Services is the property of BRANDFORT or its software providers, and is protected by the laws governing industrial and intellectual property.
7.3. All brands, labels, distinguishing symbols or logos that appear on the Services are the property of BRANDFORT and are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or in the Services may be brands or other distinguishing symbols registered by each of their rightful owners.
7.4. All texts, graphs, drawings, videos or audio supports are the property of BRANDFORT or its content providers, and they cannot be modified, copied, changed, reproduced, adapted or translated by the User or a third party without the express authorization of the owners of such contents.
7.5. The fact that BRANDFORT makes available to the users the information, databases, images, photographs, patents, utility and industrial models, drawings, graphs, text files, audio files, video files and software owned by BRANDFORT or its content providers that appear in the Services, does not mean, in any case, the assignment of their ownership or any right of exploitation in favour of the User, other than the rightful use of the Services consistent with its purpose.
7.6. It is strictly prohibited to use the contents of the Services without the authorization of BRANDFORT. This prohibition includes the exploitation, reproduction, publishing, transformation, distribution, transmission by any means, subsequent publication, exhibition and public communication, or representation of such contents in whole or in part. The occurrence of any of these shall constitute a breach of BRANDFORT’s intellectual property rights, and shall be punished according to applicable laws.
8.1. The User accepts that the Services may display content provided by others that is not owned by BRANDFORT. Such content is the sole responsibility of the entity that makes this content available. Correspondingly, you are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. BRANDFORT is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
8.2. The User acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, BRANDFORT may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms and Conditions of Use. BRANDFORT reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms and Conditions of Use or any Specific Condition. However, the User accepts that BRANDFORT has no obligation to monitor or review any content submitted to the Services.
9.1. BRANDFORT may, when applicable, embed Brandforts on third-party web pages or platforms, and publish links in its Services to internet websites maintained by third parties. BRANDFORT assumes no liability derived from the connection to or the contents of hyperlinks to third party websites or platforms, nor does their existence imply that BRANDFORT supports, promotes, guarantees or recommends the linked websites or platforms.
9.2. Likewise, any third party who wishes to link its website to the Website must obtain the express written consent of BRANDFORT. In any case, BRANDFORT does not assume any liability derived from the connection to or the contents of third parties’ hyperlinked websites to the Website.
10.1. The following disclaimers apply to our Services:
10.1.1. Free Users: in consideration of the free-of-charge nature of our services, and to the full extent permissible by applicable law, Brandfort and it’s parents, subsidiaries, partners, affiliates, officers, directors, employees, agents, partners, licensors, and all owners of the content (collectively, the “Brandfort parties”) disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, and fitness for a particular purpose. This disclaimer shall not apply in case of wilful intent, gross negligence or lack of due diligence by Brandfort parties.
10.1.2. Paying Users: Brandfort parties’ liability in connection to the services shall be limited to a total maximum amount equivalent to fees paid to Brandfort in the last 12 months. This disclaimer shall not apply in case of willful intent, gross negligence or lack of due diligence by Brandfort parties.
10.1.3. Consumers: If you are a consumer, none of the disclaimers in this section 10.1 nor any of the limitations in section 11 shall apply to you.
10.2. You expressly agree that your use of the service is at your own risk. We reserve the right to restrict or terminate your access to the service or any feature or part thereof at any time if your use of the service breaches any law, or breaches and/or damages any third party or any third party’s rights. Brandfort assumes no responsibility for the deletion, mis-delivery, or failure to store or transfer any content or personalization settings if such events are due to causes outside of the reasonable control of Brandfort.
10.3 User acknowledges that use of the services relies on features which are not under the reasonable control of Brandfort, such as the correct performance of the internet, telecommunication networks, or other systems which are alien to Brandfort. In consideration of this, the Brandfort parties do not warrant that
(i) use of the service or the content will be uninterrupted or error-free, since interruptions or errores may be caused by communication resources which escape Brandfort’s control;
ii) that defects in the service or the content will be corrected, when such defects are caused by third parties;
(iii) that the service or contents will be free of viruses or other harmful components, since they might be caused by reasons beyond Brandfort parties’ reasonable control; or
(iv) that any descriptions of the service or the content are accurate, reliable, current or complete, if not directly provided by Brandfort or not directly obtained from sources under Brandfort’s direct control.
11.1. You understand and agree that the Brandfort parties will not be liable to you for any 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 a Brandfort party has been advised of the possibility of such damages), resulting from your use or access of, or inability to use or access, the service or the content. This limitation shall not apply in cases of wilful intent, gross negligence or lack of due diligence by Brandfort parties.
12.1. Please report problems and policy violations to us by linking to our Abuse report Brandfort. We reserve the right, but have no obligation, to remove any Content from the Service at any time in our discretion.
12.2. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and BRANDFORT Accounts, prohibit access to the Service or the Content, and take technical and legal steps to keep users from using the Service or the Content, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
13.1. You agree to indemnify and hold the BRANDFORT Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of
(A) your use of the Service or the Content;
(B) your violation of these Terms of Service; or
(C) your violation of any law or your violation or infringement of any rights of another party.
14.1. The access to and use of the Services shall be governed and construed in accordance with Swiss law.
14.2. Any dispute that may arise from or in connection to BRANDFORT and the Services users shall be settled in the Courts of Zurich, Switzerland. To this end, the parties expressly renounce their own jurisdiction and submit to the jurisdiction of the Courts of Zurich, Switzerland.