TERMS AND CONDITIONS

Set forth below are the terms and conditions (these “Terms and Conditions”) governing the family of Brand You Max web sites and any web sites located at the root URL, which may change from time to time (the “Website”). As used herein, the term “Brand You Max” refers to Lockhart Arts Ltd, the sole owner and operator of the Website; the term “you” or “your” refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.

 

CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME, INCLUDING (BUT NOT LIMITED TO) IN THE MANNER SET OUT BELOW.

 

1. Use of this Website is conditioned on the acceptance, without modification, by you of all terms and conditions of this agreement. By using this Website you represent that you have read and understand the terms and conditions and that you agree to be bound by these terms and conditions as set forth below.

2. Brand You Max may modify these Terms and Conditions from time to time in its sole discretion. When, or a reasonable time after, such modification is made Brand You Max will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. Brand You Max is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted these terms, including any such modifications.

3. If you do not agree with the terms and conditions of this Website and do not wish to be bound by them, please do not use this Website or download any materials from this Website.

4. Brand You Max reserves the right to modify, update, suspend, discontinue, or restrict the use of or access to this Website or any portion of this Web site, at any time and without notice or liability.

5. ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THIS WEB SITE IS BELIEVED TO BE RELIABLE, BRAND YOU MAX MAKES NO REPRESENTATION, EXPRESSLY OR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION ON THIS WEBSITE. BY USING THIS WEBSITE OR BY RELYING ON ANY OF THE MATERIALS OR INFORMATION CARRIED ON THIS WEB SITE YOU ASSUME ALL THE RISK AND RESPONSIBILITY ARISING OUT OF USE OR RELIANCE ON THIS WEB SITE. BRAND YOU MAX EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. BRAND YOU SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY SERVICES OFFERED ON OR IN AFFILIATION WITH THIS WEBSITE.

 

Copyright/Use of Materials Found on the Website

The information, artwork, text, video, audio, pictures, software and any other intellectual property (collectively, “Materials”) contained on the Website are protected by copyright and other national and international intellectual property laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable Brand You Max program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement.

Trade marks

Brand You Max; YOUR ONLINE IMAGE AND DATING CONSULTANT; and other marks indicated on our site are trade marks (whether registered or unregistered) of Brand You Max or its subsidiaries. Brand You Max’s trade marks may not be used in connection with any product or service that is not Brand You Max’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brand You Max. All other trade marks not owned by Brand You or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brand You Max or its subsidiaries.

License and Site Access

Brand You Max grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Brand You Max or unless that page explicitly allows redistribution (e.g. – personal essays and/or online dating profiles). This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brand You Max. You may not frame or utilize framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Brand You Max and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Brand You Max’s name or trade marks without the express written consent of Brand You Max. Any unauthorized use terminates the permission or license granted by Brand You Max. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Brand You Max so long as the link does not portray Brand You Max, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Brand You Max logo or other proprietary graphic or trade mark as part of the link without express written permission.

If you use this site, you are responsible for maintaining the confidentiality of your account information for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

Services and Products

Brand You Max is under no legal obligation to refund the purchase price of any editing or writing service under any circumstance unless explicitly put forth by Brand You Max. Brand You Max will seek to satisfy every customer in a reasonable way through extended consultant interaction, editing and/or writing by multiple consultants, etc.

Brand You Max and its affiliates attempt to be as accurate as possible. However, Brand You Max does not warrant that service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Brand You Max itself is not as described, your sole remedy is to contact Brand You Max as soon as possible and allow us to try to satisfy your demands. Nothing in the for going affects your rights under statute.

Communications and Content

Visitors may send comments and other content; send other communications; and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

If you do post content or submit material, and unless we indicate otherwise, you grant Brand You Max and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to edit, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. You represent and warrant that you own or otherwise control all of the rights to the content that you write; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Brand You Max or its affiliates for all claims resulting from content you supply. Brand You Max has the right but not the obligation to monitor and edit or remove any activity or content. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Brand You Max reserves the right (but not the obligation) to remove or edit such content. Brand You Max takes no responsibility and assumes no liability for any content posted by you or any third party.

All e-mail sent to the e-mail addresses of Brand You Max becomes the property of Brand You Max. Brand You Max reserves the right, but shall not be obligated to, publish any email message received, in whole or in part, or make such other use as Brand You Max in its sole discretion sees fit.

Parties other than Brand You Max and its subsidiaries may operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Brand You Max does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. Brand You Max does not intend any such links to third-party web sites to imply Brand You Max’s sponsorship or endorsement thereof. Your use of such web sites is at your own risk and you should carefully review their privacy statements and other conditions of use.

You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Brand You Max’s express prior approval, contains advertising or any solicitation with respect to products or services.

WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRAND YOU MAX MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, BRAND YOU MAX MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. BRAND YOU MAX WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL BRAND YOU MAX BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability:By availing yourself of the Website, Materials or related services, you agree to release and hold Brand You Max and the employees, officers, directors, shareholders, agents, representatives of Brand You Max, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Brand You Max, any third-party providers or sources of information or data and legal advisers (collectively, Brand You Max “Affiliates”) harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to:

(a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind;

(b) failed, incomplete, garbled or delayed computer transmissions;

(c) any condition caused by events beyond the control of Brand You Max that may cause the Website or related services to be disrupted or corrupted;

(d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or

(e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold Brand You Max Affiliates harmless from any claim, suit or demand, including reasonable attorney’s fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL BRAND YOU MAX, ITS OFFICERS, DIRECTORS, EMPLOYEES, EDITORS, AND REPRESENTATIVES BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF INCOME OR DATA, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, AND CLAIMS OF CUSTOMERS OR THIRD PARTIES ARISING FROM ANY CUSTOMERS’ INTERACTION, INVOLVEMENT, AND RELATIONSHIP WITH MEMBERS OF THE ONLINE AND/OR OFFLINE DATING COMMUNITY OF ANY KIND, EVEN IF BRAND YOU MAX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SUBMIT ESSAYS AND INFORMATION AT YOUR OWN RISK. FURTHER, YOU AGREE TO HOLD BRAND YOU MAX HARMLESS FROM ANY ADMINISTRATIVE, CRIMINAL, OR CIVIL PROCEEDINGS.

This agreement will be governed by and construed in accordance with English law. You agree to submit to the non-exclusive jurisdiction of the courts of England and Wales. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be severable from the remainder of this agreement and shall not affect the validity and/or enforceability of such remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.

General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties.

Subject to the terms relating to amendment by Brand You Max set out above these Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You agree to complete all forms required and provide all materials needed as per the instructions of Brand You Max. Should you not provide all required material accordingly, Brand You Max is not legally obligated to complete the service This contract stipulates a certain level of effort on your part and should you fail to meet that level of effort, Brand You Max does not have to render services. Similarly, Brand You Max does not offer refunds to those who do not follow directions.