Updated May 9, 2016
1. Access.Brand Bazooka has the right, but not the duty, to terminate or suspend Your access to the Website, without notice, for any conduct that Brand Bazooka, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider or Brand Bazooka. Brand Bazooka makes no representation that the information contained in the Website is appropriate or available for use throughout the world. It is forbidden to access the Website from territories where the legislation provides that the content or use of the Website is illegal. You choose to use the Website on Your own initiative, and it is Your responsibility to ensure that You conform to all applicable local laws.
2. Trademarks.Brand Bazooka and the Brand Bazooka logo are trademarks or service marks, registered or not, of Brand Bazooka. Nothing in the Website may be interpreted so as to grant to You, directly or indirectly, the use of a trademark or service mark reproduced on the Website, whether belonging to Brand Bazooka or third party suppliers, without the written permission of Brand Bazooka. All other trademarks are the property of their respective owners.
3. Communications and Information Provided to Brand Bazooka.
3.1. Brand Bazooka does not want You to, and You should not, send any confidential or proprietary information to Brand Bazooka via the Website (including via submission of an email, chat message, filling out a service request or any other method of submission). Any submission by You to Brand Bazooka, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of Brand Bazooka to the extent permitted by applicable law. Furthermore, by Your submission, You agree that all submissions are deemed non-confidential and non-proprietary and You grant Brand Bazooka an unrestricted, irrevocable license to record, use, reproduce, display, perform, modify, transmit, and distribute such information. Brand Bazooka shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
3.2. Information provided by you via the Website, including written or oral communications or other electronic means, may be recorded for quality assurance, diagnostic and training purposes. By submitting information using the Website, you consent to such recordation and usage as described in Section 3.1, above.
4. Links. THE LINKS ON THE WEBSITE WILL LET YOU LEAVE BRAND BAZOOKA’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF BRAND BAZOOKA AND BRAND BAZOOKA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. BRAND BAZOOKA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. BRAND BAZOOKA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY BRAND BAZOOKA OF THE SITE.
5. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
6. Data Privacy.
6.1. You and Brand Bazooka agree that they shall comply in all respects with all applicable data protection laws and regulations (or any legislation or regulations amending or replacing the same) (together, the “Data Protection Laws”).
6.2. You shall in connection with these TOU (i) not do or permit anything to be done through an act or omission which might jeopardize or contravene Brand Bazooka’s liability under Data Protection Laws; and (ii) enter into such agreements as Brand Bazooka shall reasonably require in relation to the cross border migration of personal data.
6.3. You shall indemnify and keep Brand Bazooka fully indemnified against any and all liability, loss, damage, costs (including legal costs) and expenses which Brand Bazooka, or any Brand Bazooka affiliate may incur or suffer whether direct or consequential (including without limitation any economic loss or other loss of profits, business or goodwill) as a result of any breach of Section 12.2.
6.4. WHEN YOU SUBMIT PERSONAL DATA TO BRAND BAZOOKA ON THE WEBSITE
OR WHEN REGISTERING FOR THE WEBSITE, BRAND BAZOOKA MAY TRANSFER AND/OR RETAIN THE PERSONAL DATA YOU SUBMITTED TO A COUNTRY OUTSIDE THE COUNTRY IN WHICH YOU ARE LOCATED OR FROM WHERE SUCH PERSONAL DATA WAS COLLECTED, WHICH MAY NOT HAVE THE SAME OR EQUIVALENT DATA PRIVACY PROTECTIONS. IF YOU DO NOT APPROVE OF SUCH TRANSFER AND/OR RETENTION, DO NOT SUBMIT PERSONAL DATA TO BRAND BAZOOKA.
6.5. BY AGREEING TO THESE TOU, YOU ARE AGREEING THAT BRAND BAZOOKA MAY SHARE YOUR PERSONAL DATA AND OTHER INFORMATION (WITH THE EXCEPTION OF ACCOUNT, CREDIT CARD AND ORDERING INFORMATION) WITH THIRD PARTIES IN CASES WHERE BRAND BAZOOKA BELIEVES YOUR BUSINESS INTERESTS WILL BE SERVED. IF YOU DO NOT APPROVE OF BRAND BAZOOKA SHARING YOUR PERSONAL DATA AND OTHER INFORMATION IN SUCH A FASHION, DO NOT SUBMIT PERSONAL DATA OR OTHER INFORMATION TO BRAND BAZOOKA.
7.1 WHILE BRAND BAZOOKA ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. BRAND BAZOOKA MAY CHANGE THE INFORMATION ON THE WEBSITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL, INCLUDING SOFTWARE AND TOOLS, ON THE WEBSITE AND THE WEBSITE ITSELF IS PROVIDED “AS IS” AND BRAND BAZOOKA DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BRAND BAZOOKA SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE.
7.2 BRAND BAZOOKA MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
7.3 ANY MATERIAL, TOOLS OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE.
7.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRAND BAZOOKA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.