Terms of Use

BlogMeetsBrand, LLC is a communications platform located at www.BlogMeetsBrand.com that enables the connection between individuals/businesses seeking to provide advertising services ("Bloggers") and individuals/businesses seeking advertising services ("Brands") (collectively, "Users"). Certain features of our website may be subject to additional guidelines, terms or rules, which will be posted on the website in connection with such features. All such additional terms, guidelines and rules are limited to the stated services only and are incorporated by reference into this Agreement.

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the website and/or services whether you are simply a visitor (which means you are just browsing the website), or a registered User. BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEBSITE OR SERVICES.

1. Accounts.

(a) Account Creation. In order to become a registered User and use certain services available through the website -- for example, to create a Blogger profile or create a Brand campaign -- you must register for an account with BlogMeetsBrand (a “BlogMeetsBrand Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that all required registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You may delete your BlogMeetsBrand Account at any time, for any reason, by emailing info@BlogMeetsBrand.com. Upon termination, we will remove your User Content (as defined below) in accordance with the terms set forth in this Agreement. You acknowledge that you have no ownership or other property interest in your BlogMeetsBrand Account and that all rights in and to your BlogMeetsBrand Account are owned by and inure to the benefit of BlogMeetsBrand. BlogMeetsBrand may suspend or terminate your BlogMeetsBrand Account in accordance with this Agreement.

(b) Account Credentials and Responsibilities. As part of the registration process you will be required to provide an email address and select a password (collectively “Credentials”) which you may not share with any third parties. If someone accesses the website or our services using your Credentials, we will rely on those Credentials and will assume that it is really you or your representative. You are solely responsible for any and all use of your Credentials and all activities that occur in connection with your Credentials. We reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the services and your Credentials, including terminating your access, changing your password, or requesting additional information to authorize activities related to your Credentials. You agree to immediately notify BlogMeetsBrand of any real or suspected unauthorized use. BlogMeetsBrand cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Licenses; BlogMeetsBrand Technology, Content and Marks; Restrictions on Use.

(a) License to Use Website and Services. BlogMeetsBrand grants you a non-transferable, non-exclusive, right to access the website and use the services for your personal and professional use, subject at all times to the terms of this Agreement including the restrictions on use, the acceptable use provisions and our right to remove your User Content or suspend access to your BlogMeetsBrand Account at our discretion at any time. You may not, however, use the services on behalf of any third party without our consent.

(b) BlogMeetsBrand Technology, Content and Marks. You agree that the software, code, proprietary methods and systems used to provide the BlogMeetsBrand services (the “BlogMeetsBrand Technology”) and the materials, information and content made available or displayed by us on the BlogMeetsBrand website or through the BlogMeetsBrand services, including all text, graphics, images and the look and feel (collectively the “BlogMeetsBrand Content”) are: (i) copyrighted by BlogMeetsBrand, our licensors and/or other licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by BlogMeetsBrand or our licensors. The registered and unregistered trademarks referred to under this Agreement and all other related graphics, logos, service marks and trade names used on or in connection with the services are our trademarks (the “BlogMeetsBrand Marks”) and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the services are the property of their respective owners. Except for the limited licenses specifically provided under this Agreement, BlogMeetsBrand reserves all rights, title and interest in and to the BlogMeetsBrand Content, BlogMeetsBrand Technology and BlogMeetsBrand Marks.

(c) User Restrictions on Intellectual Property. The rights and licenses set forth hereunder are hereby granted to you with the understanding that you will not: (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise exploit the services except as expressly authorized in this Agreement, (ii) modify, disassemble, decompile, or reverse engineer any part of the BlogMeetsBrand Technology or services; (iii) access the services in order to build a similar or competitive website or service; (iv) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the services; and (v) remove or destroy any copyright notices or other proprietary markings contained on or in the website or services. Any future release, update or other addition to the website or services is and will be subject to this Agreement.

(d) Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us, including through any suggestion, feedback or forum pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights without restriction and in all media now known and later developed.

3. Blogger and Brand Obligations.

(a) Blogger’s Obligations. If you are a Blogger, you represent that all of the information in your profile and any information that you provide when you apply to fulfill a campaign or assignment is true, accurate and complete and that you will update such information as necessary to ensure that it remains true, accurate and complete. If you are selected by a Brand to perform a campaign or assignment (collectively, the “Campaign Services”), you warrant that you will perform the Campaign Services: (i) in substantial accordance with the requirements set forth in the campaign description on the website (the “Campaign Description”); (ii) in a timely, professional and workmanlike manner in accordance with industry standards; (iii) in compliance with all applicable laws, rules and regulations; (iv) in a manner that does not and will not infringe any third party right including any copyright or trademark right, any right of privacy or publicity or contain any defamation; and (v) in full compliance with the Acceptable Use Policy set forth in this Agreement.

You also agree to perform the Campaign Services in compliance with The FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Guides”). Specifically, you agree that: (a) the information you publish as part of the Campaign Services will not be misleading or deceptive; and (b) in association with your performance of the Campaign Services, you will disclose any material connection between you and the Brand. Accordingly, you agree, that if applicable, you will disclose that you have been paid or have been given products or services (or discounts on products or services) in consideration for your performing the Campaign Services. You may do this as follows: “Brand gave me this product so that I would write a review. Here’s what I think . . .” For more information about the Guides, please visit: http://www.ftc.gov/opa/2009/10/endortest.shtm. Further, you acknowledge that, if a Brand likes the materials you publish in connection with the Campaign Services, the Brand may link to your work from its website or other media and use your name, image, voice and biographical information in order to promote your work in connection with any campaign or assignment.

(b) Brand Obligations. If you are a Brand, you represent that all of the information contained in the Campaign Description is true, accurate and complete and that you will update such information as necessary to ensure that it remains true, accurate and complete. You agree that the products and services referenced in any Campaign Description are provided to Bloggers and sold to consumers in accordance with all applicable laws and that the information contained in the Campaign Description or otherwise provided by Brand to Blogger: (i) is not misleading or deceptive; (ii) complies with all applicable laws, rules and regulations; (iii) does not and will not infringe any third party right including any copyright or trademark right, any right of privacy or publicity or contain any defamation; and (iv) is in conformance with the requirements of the Acceptable Use Policy set forth in this Agreement. You further agree that you will pay the consideration set forth in the Campaign Description in accordance with the provisions of this Agreement.

(c) Disclaimer of Indirect Damages; Limitations on Direct Damages. With respect to any particular campaign or assignment and solely with respect to each other, each Blogger and Brand agrees that the other and BlogMeetsBrand will not be liable for ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT WILL BLOGGER BE LIABLE FOR THE PROCUREMENT OF SUBSTITUTE SERVICES. With respect to any particular campaign or assignment and solely with respect to each other, each Blogger and Brand agrees that the other’s MAXIMUM AGGREGATE LIABILITY FOR ANY CAMPAIGN OR ASSIGNMENT WILL NOT EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY THE BLOGGER FROM THE BRAND FOR THE APPLICABLE CAMPAIGN OR ASSIGNMENT.

4. User Content.

(a) Definition. The term “User Content” means any and all information and content that a User submits to, or uses with, the website and/or the services, including text, photographs, drawings, images, and videos.

(b) You are Responsible for Your User Content. You are solely responsible for your User Content and assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, and/or any disclosure of your User Content that makes you or any third party personally identifiable. BlogMeetsBrand makes no guarantee regarding the accuracy, currency, suitability or quality of any User Content, and we assume no responsibility for any User Content. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or applicable law.

(c) License. When you upload your User Content to BlogMeetsBrand, you grant us a non-exclusive, royalty-free, fully paid, fully sublicensable, worldwide license, under any and all of your copyright and other intellectual property rights related to your User Content, to use, display, reproduce, re-post, modify (e.g., re-format), re-arrange, and distribute your User Content. Except as may be provided in our Privacy Policy, you agree that any of your User Content or modifications of your User Content, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by us or our Visitors or Users if we authorize them to do so. Without limiting anything we just set forth, you authorize us to: (i) combine your User Content with other content, including content associated with the services and/or owned and licensed by us.

(d) Warranty. You represent and warrant: (i) that you own your User Content or are authorized by the User Content owner to post your User Content and grant BlogMeetsBrand the licenses granted in Section 4(c) above; and (ii) that you will not use your User Content to engage in deceptive or unfair trade practices or otherwise engage in illegal activity. We are under no obligation to pre-screen your User Content or the content of any other User.

(e) Storage. You may be able to store your User Content in many areas within the website. We provide these storage capabilities as a convenience to you. You represent and warrant that that website is not the single repository for your User Content and acknowledge that you, and not BlogMeetsBrand, are responsible for ensuring your User Content is backed up. BlogMeetsBrand has no responsibility or liability for the deletion or loss of any of your User Content. You agree that BlogMeetsBrand retains the right to create reasonable limits on BlogMeetsBrand’s use and storage of your User Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by us in our sole discretion.

(f) Removal. If you wish to remove a profile or Campaign Description listing in whole or part, you may do so through the website, subject to the following: we may continue to use anonymous information derived from your User Content in accordance with our Privacy Policy and we may retain the User Content in a non-production environment to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take any other action otherwise permitted by law. Notwithstanding any such removal, the licenses set forth in Section 4(c) above will not be terminated for any uses of your User Content within the scope of such licenses prior to the date you removed the User Content (for example if we used one of your images in a blog). If you send us a written notice to info@BlogMeetsBrand.com, we’ll make reasonable efforts to stop using the removed User Content. However, please understand that we may not be able to cease our use and we will have very little ability to require others who are already making alternative uses of your User Content to cease their uses.

5. Acceptable Use Policy. You agree not to:

6. Interactions with Other Users. You are solely responsible for your interactions with other Users of the services and any other parties with whom you interact through the website and/or services; provided, however, we reserve the right, but have no obligation, to intercede in any disputes. You agree that BlogMeetsBrand will not be responsible for any liability incurred as the result of such interactions. YOU UNDERSTAND THAT WE DO NOT INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. A USER’S APPEARANCE WITHIN THE SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH USER BY BLOGMEETSBRAND AND NO ENDORSEMENT SHOULD BE DEEMED, IMPLIED OR INFERRED. WE SPECIFICALLY DISCLAIM THE ACCURACY OR FIDELITY OF ANY SCORE.

7. Third-Party Services. The services may contain links to third-party websites (“Third-Party Websites”). When you click on a link to a Third-Party Website, we will not warn you that you have left the services and are subject to the terms and conditions (including privacy policies) of another website or destination. The Third-Party Websites are not under the control of BlogMeetsBrand. BlogMeetsBrand is not responsible for any Third-Party Websites. We provide these Third-Party Websites only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or their products or services. You use all links in Third-Party Websites at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of all Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any such third party.

8. Payment of Fees.

(a) BlogMeetsBrand Fees. If you are a Brand, you agree to pay all fees applicable to the services in relation to any campaign or assignment in accordance the pricing. We may change the pricing from time to time in our sole discretion by updating the listed price on the website and without any additional notice to you. Payments directly to Bloggers or otherwise undermining BlogMeetsBrand payment structure is strictly prohibited.

(b) Payment Processors. We utilize a third party payment processor (“Payment Processor”) to process charge card payments on our behalf. You must provide our Payment Processor with a valid credit card (Visa, MasterCard or any other issuer accepted by us) as a condition to such transactions. The Payment Processor’s policies govern the processing of your payment, and you must refer to those policies and not this Agreement to determine your rights and liabilities. By providing your credit card number and associated payment information through the services, you authorize us through our Payment Processor to immediately invoice you for all fees and charges due and payable to us hereunder, and you agree that no additional notice or consent is required. We reserve the right at any time to change our payment terms, either immediately upon posting on the services, by email delivery to you or any other reasonable method of communication.

9. Taxes; Independent Contractors. BlogMeetsBrand is not responsible to pay any taxes associated with the Blogger’s performance of the Campaign Services, including without limitation, all sales and use taxes, and Blogger is solely responsible for filing appropriate forms with the appropriate taxing authorities (e.g., Form 1099). Bloggers are independent contractors are not employees of BlogMeetsBrand or Brand.

10. Indemnity. You agree to indemnify, defend and hold harmless BlogMeetsBrand and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from: (i) your use of the website and/or services; (ii) your User Content; (iii) your provision of the Campaign Services; and/or; (iv) your violation of this Agreement or any applicable law, rule or regulation. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11. DISCLAIMERS.

TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE WEBSITE, SERVICES AND CAMPAIGN SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING SUCH AS: THAT ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE OR SERVICES WILL BE SECURE; THAT THE WEBSITE OR SERVICES OR THE SERVER THAT MAKES THE WEBSITE OR SERVICES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE OR SERVICES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEBSITE OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLOGMEETSBRAND OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. BLOGMEETSBRAND DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE, SERVICES OR CAMPAIGN SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

12. LIMITATION ON LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, THE SERVICES AND THE CAMPAIGN SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE OR THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BLOGMEETSBRAND NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR THE SERVICES OR THE CAMPAIGN SERVICES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE WEBSITE OR THE SERVICES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE OR THE SERVICES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, BLOGMEETSBRAND'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE WEBSITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BLOGMEETSBRAND OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER BLOGMEETSBRAND NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE OR THE SERVICES OR THE CAMPAIGN SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH BLOGMEETSBRAND IS TO DISCONTINUE YOUR USE OF THE WEBSITE AND/OR THE SERVICES AND/OR THE CAMPAIGN SERVICES. YOU AND BlogMeetsBrand AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE SERVICES AND/OR THE CAMPAIGN SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. Infringement Notice. We respect the intellectual property rights of others and request that you do the same. You are hereby informed that BlogMeetsBrand has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of BlogMeetsBrand’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:

Writing to: [Copyright Agent/Address]

Email: [Provide]

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BlogMeetsBrand is under no obligation to post, forward, transmit, distribute or otherwise provide any User Content available on the website, including User Content you provide to us, and so we have an absolute right to remove any User Content from the website in our sole discretion at any time.

14. Term and Termination. This Agreement will remain in full force and effect while you use the website and/or the services. We may at any time, for any reason or no reason: (i) suspend your rights to use the website and the services (including your BlogMeetsBrand Account); or (ii) terminate this Agreement. Upon termination of this Agreement, your BlogMeetsBrand Account and right to access and use the website and services will terminate immediately. You understand that any termination of your BlogMeetsBrand Account may involve deletion of your User Content associated from our live databases. BlogMeetsBrand will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your BlogMeetsBrand Account or deletion of your User Content. The following provisions shall survive termination of this Agreement: 2b, 5, 8-12, 15–18.

15. Governing Law, Venue, Waiver of Jury Trial, No Class Actions. The laws of the State of New York govern these Terms of Use and your use of the website and the services, and you irrevocably consent to the jurisdiction and venue of the courts located in the County of New York for any action arising out of or relating to these Terms of Use, the website or the services. We recognize that it is possible for you to obtain access to the website and the services from any jurisdiction in the world, but we have no practical ability to prevent such access. The website and the services have been designed to comply with the laws of the State of New York and of the United States. If any content on the website or the services, or your use of the website or the services, is contrary to the laws of the place where you are when you access it, the website and the services are not intended for you, and we ask you not to use them. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Changes to These Terms of Use. BlogMeetsBrand reserves the right in its sole discretion to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the website. It is your responsibility to check periodically for any changes we make to the Terms of Use. Revised terms will take effect five days after their publication on the website and will apply only on a going-forward basis. Your continued use of the website and/or the services after that point signifies that you accept the changes.

17. Entire Agreement and Admissibility. This Agreement and any policies or operating rules posted on the website constitute the entire agreement and understanding between you and BlogMeetsBrand with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the website and/or the services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

18. Headers, Rules of Construction, Severability. The headers in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision or portion of this Agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place and enforced to the fullest extent possible under applicable law.

19. How to Contact Us.

info@blogmeetsbrand.com

877-323-1010