Welcome to BrandGifs
1. Hi and welcome to BrandGifs! We’re happy to have you here and we hope you enjoy your stay.
2. These terms, together with our Acceptable Use Policy and BrandGifs License Agreement, govern your use of BrandGifs and form a binding agreement between us. By downloading or using any of the content on BrandGifs, you agree that you have read and accept these terms, either for yourself or on behalf of your employer or the entity that is identified as the member account holder.
3. You need to be 16 years or over to browse BrandGifs. We don’t knowingly collect any information from anyone aged 16 or under. When browsing BrandGifs you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of BrandGifs whether or not you’re a subscriber.
4. You need to be 18 years or over to make a purchase or to become a subscriber. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
5. The ‘BrandGifs Service’ is a web-based platform and service that enables you to create customized gifs for marketing and advertising purposes, using web-based applications (‘Applications’) that we (or our licensors) own. By uploading your own images, text and audiovisual material (‘Your Content’) and combining them with our Content Templates, you can create customized gifs, videos and graphics (‘Customized Products’) which you can then download and use for advertising and marketing purposes.
6. You represent that you have all rights and licenses necessary to upload Your Content to the BrandGifs Service and for us to use it as described in this section. You are responsible for all issues relating to Your Content.
7. The use of all Customized Products is subject to the terms of the license set out in the BrandGifs License
Ownership of IP
8. Subject to clause 9, we own the following (our IP):
a. the copyright subsisting in the code in the underlying system that runs the BrandGifs Service, the Applications, the Content Templates and all other content published on the BrandGifs site;
b. the copyright subsisting in the design, layout, compilation and look and feel of the BrandGifs site;
c. the copyright subsisting in all of the content templates made available to you as part of the BrandGifs Service; and
d. the BrandGifds trademark and all other trademarks used on or in connection with the BrandGifs site.
9. Important Note: Certain components of the Content Template will be sourced from a third party and different license terms may apply to such components, such as someone else’s license or an open source or creative commons license. That other license will apply to that other component. The BrandGifs License Agreement will apply to the rest of the Content Template, or Product as applicable. The notices required by those licenses are available here. The BrandGifs Service uses images and names of third-party products. Intellectual property rights in relation to those products (including registered trademarks) belong to their respective owners. We are not affiliated or associated with, or authorized or endorsed by, the owners of the products.
10. You may not copy, distribute, modify, publish or make derivative works of any of our IP in any way not expressly authorized by these terms.
11. You will retain all rights in Your Content.
12. You must:
b. Your Content and Products do not breach (or cause us to breach) any applicable laws; and
c. comply with our Acceptable Use Policy at all times in relation to Your Content and Products.
13. You must not:
a. interfere with or disrupt the integrity or performance of the BrandGifs Service;
b. attempt to gain unauthorized access to the BrandGifs Service, the Applications or related systems and networks;
c. license, sublicense, sell, resell or otherwise commercially exploit or make the BrandGifs Service available to any third party (except as expressly contemplated by these terms);
d. use, or permit the use of, any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the BrandGifs Service;
e. use any data mining, robots or similar data gathering or extraction methods on or in relation to the BrandGifs Service;
f. access the BrandGifs Service or any of the Applications or related systems and networks for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the BrandGifs Service;
g. copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Applications or attempt to discover any source code or modify the Applications;
h. use BrandGifs as a trademark or trade name in connection with your use of the BrandGifs Service or mention BrandGifs in any of your Products, without our prior written consent.
14. All BrandGifs subscriptions will remain active until you cancel. You can cancel your subscription at any time.
15. Cancellation requests must be submitted at least 1 business day prior to a billing cycle to avoid the fees for that billing cycle. To be clear, you will be charged for a billing cycle unless your cancellation request is received by us at least 1 day before that billing cycle is due to start. As set out in clause 23, we generally do not issue refunds for any unused portion of your BrandGifs subscription.
17. We may cancel your BrandGifs subscription at any time for any reason (acting reasonably of course), including if you:
a. breach any of these terms or any of our policies; or
b. act in a way that does not align with our values or that could cause us harm.
18. Once your BrandGifs subscription has been canceled, you will no longer have access to your Customized Products. You should ensure that you’ve downloaded all Customized Products before cancellation.
Fees and Payment Terms
19. The subscription fees for the duration of your BrandGifs subscription will be the fees that applied when you started your subscription or if you modify your subscription, the applicable fees at the time of modification.
20. All payments are made upfront and in advance of the relevant billing cycle, you choose (eg, monthly or yearly).
21. Payments will be processed automatically via the payment method you have chosen. If we cannot process your payment for any reason caused by or attributable to you, and you do not rectify non-payment within any period notified by us, then we may suspend your access to our Service.
22. We may cancel your BrandGifs subscription and permanently disable access your access to our Service if any payment has been outstanding for more than 30 days.
23. We do not generally offer a refund on subscription fees unless we have made changes to these terms that materially affect you to your detriment, or as required under Australian consumer law or other relevant consumer protection laws. If you would like to request a refund, you should email us at firstname.lastname@example.org We will assess refund requests on their merits. There is generally no obligation to provide a refund in situations like the following:
a. you have changed your mind about your BrandGifs subscription;
b. you did not cancel your BrandGifs subscription in time;
c. we have suspended your access to the BrandGifs Service where we have the right to do so.
24. If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase.
Liability and indemnity
25. The BrandGifs Service is made available to you on an “AS IS” basis. Subject to clause 52, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose. Without limiting the foregoing, we do not represent or warrant that the Content Templates that you use to make Products comply with any rules and regulations promulgated by the manufacturer or owner of any device or product displayed in such Content Templates. You are solely responsible for the use of your Products and for ensuring that all Products comply with applicable laws and do not infringe the rights of third parties.
26. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of the BrandGifs Service (including any claim against us relating to your Products, whether or not the claim is based on Your Content or on products displayed in the Content Templates provided by us).
27. Our liability to you in connection with the BrandGifs Service or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
a. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data (including Your Content), or indirect, consequential or special loss, damage or expense; and
b. our total aggregate liability to you is otherwise limited to USD100.00.
28. Account information: You warrant that the information you give us is true, accurate and complete and that you will keep your login information up-to-date (including a working email address). Your login is not transferable. You are responsible for any use of the BrandGifs Service that occurs in conjunction with your login details. If you realize there’s any unauthorized use of your password or any breach of security, you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
29. Taxes: Any fees for the BrandGifs Service will be exclusive of transactional taxes where relevant (like sales tax, VAT and GST). You will be responsible for paying all fees and taxes associated with your use of the BrandGifs Service wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
31. Security: We value your information and take reasonable precautions to protect it.
34. Service interruptions. You acknowledge and agree that there may be interruptions in your use of the BrandGifs Service, including planned downtime and unavailability caused by Internet service provider failures or delays, or any failures, delays or downtime caused by third-party supplier and applications.
35. Responsibility for Your Content. We are not responsible for any of Your Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across networks not owned and/or operated by us, including, but not limited to, the Internet, any third party applications used in connection with providing the BrandGifs Service, and your local network. You acknowledge and agree that you may permanently lose Your Content (as uploaded to the BrandGifs Service), including any changes made to Your Content by or for you during the use of the BrandGifs Service.
36. Acceptance on behalf of someone else. If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party. Remember that only real persons can subscribe to the BrandGifs Service.
37. Consumer laws. In some places, there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express warranties made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
38. Relationship between the parties. Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us.
39. Blocking a user, disabling an account or refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author.
40. US-specific controls. The BrandGifs Service is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not use a Product to provide services to any person located in a U.S. sanctioned country or to anyone on the SDN list.
41. Changes to these terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If you continue to use the BrandGifs Service after the changes are made, then you will be agreeing to the changes regardless of the amount of time that has elapsed.
42. Notices: Any notice you send us must be submitted via email at email@example.com. Any notice we send to you will be emailed to the email address you provided to us.h
43. Applicable Laws: We control and operate the BrandGifs Service from our offices in Australia. The laws of Victoria, Australia govern these user terms, and you submit to the jurisdiction of the courts there.
Digital Millennium Copyright Act
44. Copyright or trademark. There are two main ways to let us know if you think your content is being used without permission. For copyright owners – the DMCA takedown notice process is described below. For other IP rights owners, including trademark owners – you can contact us at firstname.lastname@example.org.
45. DMCA takedown notice. If you’re a copyright owner you’ll need to send a signed, dated DMCA takedown notice to us. We have to send this DMCA takedown notice to the other person, which means your details will be passed to them. The other person can submit a DMCA counter-notification if they disagree with your DMCA takedown notice and they might contact you directly using your contact details. The quickest way is to send it to our support team at email@example.com. The notice must:
a. Tell us about the content that you claim infringes your copyright, including a description and where we can find it – include the URL;
b. Tell us about your copyrighted content and let us know where we can see this published – include the URL;
c. Give us a detailed explanation about how you believe the content violates your copyright;
d. Include your full name and contact details, including your address, phone number and email address;
e. Include the date and your signature; and
f. Include the following two statements:
“I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
“I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”