Index of Sections
- Introduction
- Access and use
- Privacy policy and registration
- User generated content
- Third party sites and services
- Our responsibilities to you
- Choice of law and jurisdiction
- General
- Content ownership
- Corporate information
- Changes to terms and conditions
Access and Use
Our ability to invest in high-quality content depends on our users complying with this Section 2. Please read our Copyright Policy that provides a summary of how you are allowed to use the brandstacker.co content and provides guidance on the types of use we do not permit without the purchase of additional licences from Brandstacker, INC. You agree that you will comply with our Copyright Policy.
Organizations that may be using brandstacker.co Content without the appropriate permissions may approach us with a view to discussing the purchase of a license to legitimize that use.
Privacy Policy and Registration
All information received by us from your use of brandstacker.co will be used by Brandstacker, INC in accordance with our Privacy Policy. Please read this for details of how we may process your personal data.
You are responsible for all use of brandstacker.co made by you or anyone else using your device.
If you provide Brandstacker, INC via brandstacker.co, with an email address that will result in any messages we may send you, being sent to you via a network or device operated or owned by a third party (e.g. your employer or colleague) then you promise that you are entitled to receive those messages. You also agree that Brandstacker, INC may stop sending messages to you without notifying you.
User-Generated Content
brandstacker.co may include comments sections, blogs and other interactive features that allow interaction between users and between users and brandstacker.co editors. We call these “User Generated Content” or “UGC”.
You will retain ownership of the copyright in any of your UGC that you or we publish on brandstacker.co so you are free to re-use it as you wish. You agree that if you post UGC then you are granting brandstacker.co and Brandstacker, INC a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on brandstacker.co or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.
You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.
You agree that you will:
- only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
- not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other forms of unsolicited communication.
- not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
- not post, link to or otherwise publish any UGC that is threatening, offensive, libellous, indecent or otherwise unlawful.
- not post comments that are discriminatory in nature, for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
- respectfully challenge different points of view but not personally attack other commentators.
- not disguise the origin of any UGC and not impersonate any person or entity (including brandstacker.co or Brandstacker, LLC employees or guests or hosts) or misrepresent any connection with any person or entity.
- not post or otherwise publish any UGC unrelated to brandstacker.co.
- not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of brandstacker.co or any computer software or equipment.
- not collect or store other users’ personal data.
- not restrict or inhibit any other user from using brandstacker.co.
brandstacker.co contains UGC submitted by users over whom brandstacker.co and Brandstacker INC have no control so we cannot therefore guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.
It is not possible for brandstacker.co or Brandstacker, INC to fully monitor all UGC published on brandstacker.co but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from brandstacker.co and act accordingly. This may include banning a user from participation in UGC on brandstacker.co.
Our moderation and community team may contact you from time to time regarding your comments.
If you believe that any UGC published on brandstacker.co infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us.
Third Party Sites and Services
brandstacker.co may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors (what we call “Third Party Sites”), either directly or through frames. Third Party Sites may be co-branded with brandstacker.co and so include brandstacker.co‘s trade marks.
It is your decision whether you purchase or use any third party products or services made available on or via Third Party Sites and you should read Section 6 below carefully. Our Privacy Policy does not apply to Third Party Sites.
brandstacker.co contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on brandstacker.co complies with international and national law. brandstacker.co and Brandstacker, INC are not responsible for any error or inaccuracy in advertising or sponsorship material.
Copyright in any software that is made available for download from brandstacker.co belongs to brandstacker.co and Brandstacker INC, or its suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with the software. Do not install or use any of this software unless you agree to such license agreement. brandstacker.co and Brandstacker LLC are not responsible for any technical or other issues that may happen if you download third party software.
Our Responsibilities To You
A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, brandstacker.co and Brandstacker LLC, accepts responsibility (liability) to you for your use of brandstacker.co or the brandstacker.co Content or in respect of any third party products or services that we refer to or link to on brandstacker.co. We accept no financial responsibility to you arising from your use of brandstacker.co or the brandstacker.co Content.
In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on brandstacker.co. By Third Party Products we mean products or services provided by third parties.
Limitations of brandstacker.co and Brandstacker, INC Content:
The brandstacker.co Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the brandstacker.co Content, including UGC and any other content provided by third parties and distributed by brandstacker.co, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by brandstacker.co or Brandstacker, INC. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) brandstacker.co are at your own responsibility and entered into at your own risk. Any information that you receive via brandstacker.co, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you.
What we promise:
brandstacker.co and Brandstacker, LLC promise to develop and operate brandstacker.co with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware.
What we do not promise:
brandstacker.co and Brandstacker, INC do not provide any other promises or warranties about brandstacker.co and the brandstacker.co Content. brandstacker.co and the brandstacker.co Content are provided on an “as is” and “as available” basis. This means that brandstacker.co does not make any promises in respect of brandstacker.co or the services and functions available on or through brandstacker.co or of the quality, completeness or accuracy of the information published on or linked to from brandstacker.co other than as expressly stated above.
The above disclaimers apply equally to your use of brandstacker.co and all Brandstacker INC Content. Without limiting the above, brandstacker.co and Brandstacker, INC are not liable for matters beyond its reasonable control. brandstacker.co and Brandstack, INC do not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.
Our financial responsibility to you:
You agree that we are not responsible to you for any damages that you may incur arising out of your use of brandstacker.co and Brandstack, INC Content
The limitations of liability in this section 6 apply for the benefit of brandstacker.co and Brandstack, LLC, its affiliates and all of their respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these terms and conditions.
To the full extent permitted by law you acknowledge and agree that our third party content and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of the brandstacker.co and Brandstack, INC Content.
Choice of Law and Jurisdiction
If you are a user whose principal address or principal use of brandstacker.co occurs in any jurisdiction other than the United States then these terms and conditions will be subject to English law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of England will (subject to the final paragraph in this Section 7) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
If you are a user whose principal address or principal use of brandstacker.co occurs in the United States then these terms and conditions will be subject to the laws of the State of New York, without regard to its conflict of laws provisions. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of the State of New York will (subject to the final paragraph in this Section 10) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on brandstacker.co. By Third Party Products we mean products or services provided by third parties.
General
You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any company within Brandstacker INC group of companies but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
These terms and conditions constitute the entire agreement between you and brndstck.com and Brandstacker, INC relating to your use of the brandstacker.co website, mobile and other online services, and the Content. They supersede all previous communications, representations and arrangements, either written or oral.
Content ownership
All brandstacker.co Content belongs to Brandstacker, LLC or its licensors who own all intellectual property rights (including copyright and database rights) in the brandstacker.co Content and any selection or arrangement of the brandstacker.co Content. No intellectual property rights in any brandstacker.co Content are transferred to you. ”brandstacker.co” and ”Brandstacker, LLC” are registered trademarks and you may not use them without written permission from Brandstacker, LLC. You are permitted to use brandstacker.co Content only as set out in our Copyright Policy.
Corporate Information
Brandstacker, INC is the publisher of the brandstacker.co website.