MyTrueBrand - Terms of Service
You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of MyTrueBrand's website or MyTrueBrand’s audio/video creation services made available through authorized third party websites (“MyTrueBrand Services”). MyTrueBrand's website consists of its site located at the URL www.mytruebrand.com, widget, and gadget for social networks (including but not limited to Facebook Platform, Twitter Platform, Pintest). Collectively herein, the MyTrueBrand Services, products, and the MyTrueBrand website and applications will be referred to collectively as the "Site" or the “Services”.
You acknowledge and agree that, by (1) clicking the “I Agree” or similar button via an Entry Point Site to access the Services, or (2) downloading an MyTrueBrand application, widget or gadget, or (3) otherwise accessing or using the Services, you indicating that you have read these terms and accept and agree to these terms. If you do not agree with these terms, you must immediately cease all use of the Services. “Entry Point Site” shall be any website which makes the Services available from such website.
If you downloaded any MyTrueBrand Product, widget or gadget from a third party site (“Mobile App”), you are granted a limited, non-transferable license to use the Services on any appropriate device as permitted by such third party site. Your use of the Services is not only subject to this Agreement, but also any terms of service and/or rules of such third party site.
You acknowledge that these Terms are between You and MyTrueBrand, and not with any third party from which you obtained the Services (for example, Apple, Google or Microsoft), and such third party (called a “Provider”) is not responsible for the Services nor their content. Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the Services. However, You agree and acknowledge that Provider is a third party beneficiary of these Terms, and that upon Your acceptance of these Terms, Provider will have the right (and will be deemed to have accepted the right) to enforce these terms against You as a third party beneficiary thereof.
There are two general types of users of the Services, registered users that have registered with MyTrueBrand or who have registered with an authorized third party that provides access to MyTrueBrand Services ("Registered Users"), and visitors of the Site ("Visitors"), such as someone invited to view another's video.
The Registered Users may include (1) paid members, or users that have paid a per-use fee for using the Services ("Paid Users"), (2) users that have paid for MyTrueBrand Services through an authorized third party.
You must be 13 years of age or older to be a User of the Services. By continuing to use the Services, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service.
This Terms of Service Agreement was last updated on November 16, 2012. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.
The Services are owned and operated by True Tone Studios, LLC., a Vermont Limited Liability Corporation with a place of business in Vermont, USA. The MyTrueBrand Services provide Registered Users with the ability to have an audio and/or video ("MyTrueBrand Audio/Video") authorized creation by MyTrueBrand using uploaded video, graphics, or video clips ("Image Content") set to a selected music track ("Musical Content").
You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided "AS IS" and MyTrueBrand is not liable to you for any temporary interruption in Services.
By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate.
Payment of Fees
MyTrueBrand may provide you with the ability to pay the Fees through a third party service. All purchases and/or subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.
If, for any reason, your payment is not received by MyTrueBrand, your Paid User account will revert to a Free User account until payment is received by us. You agree that until your Paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription payments are nonrefundable.
Conduct on Site
You agree to obey all applicable rules and regulations in using the Site, and agree that you are responsible for the contents of your submissions or communications through the site, including MTB product audios and/or videos created therefrom (collectively, "Submissions").
You agree that you will not upload, share, or otherwise distribute any Submissions — including text, graphics, images, sounds, data, music, or other information — that:
are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
If you would like to notify us of content which you believe does not comply with these Terms of Service, please fill out our contact form. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using this Site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against MyTrueBrand arising from your exposure to such materials.
You may not use your Services to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Third Party Sites and Information
MyTrueBrand's Intellectual Property Rights. MyTrueBrand is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us.
MyTrueBrand's trademarks and/or service marks may not be used in connection with any product or service that is not provided by MyTrueBrand, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits MyTrueBrand.
Regarding MyTrueBrand's services available on the Site: You are granted a limited right to use such services only in conjunction with the Site and in accordance with these Terms of Service.
Others' Intellectual Property Rights. MyTrueBrand deeply respects the third party intellectual property rights that may be implicated in creating an MyTrueBrand Audio and/or Video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
In creating an MyTrueBrand Audio and/or Video using MyTrueBrand's proprietary tools such as but limited to the Writing Guide, you will be able to use our Image Content such as graphics, text, or video segments. You will be able to select Musical Content available from MyTrueBrand including Voice Overs. Both the Image Content and Musical Content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content and Musical Content.
Image Content may be protected by copyright, even if not marked with the © symbol. If you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in an MyTrueBrand Audio and/or Video. We assume no liability with respect to the disclosure or use of confidential or proprietary information within any MyTrueBrand Audio and/or Video.
Copying music without purchasing or obtaining the rights to the music is against the law. You agree that you will not alter or modify the fundamental character of any MyTrueBrand Audio and/or Video available through MyTrueBrand or third party sites linked to by our Site. If an alteration of the delivered MyTrueBrand Audio and/or Video is made once it has been delivered or by anyone other than MyTrueBrand, you agree that MyTrueBrand is not responsible nor liable for any content, use of, or result stemming from the use of the altered Audio and/or Video.
You hereby grant to MyTrueBrand a royalty-free, perpetual license to use, copy, create, modify, display and host your MyTrueBrand Audio and/or Video, Image Content, and Musical Content solely to the extent necessary for A MyTrueBrand to provide the Services as described herein.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.
Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), A MyTrueBrand designates the following individual as its agent for receipt of notifications of claimed infringement:
c/o True Tone Studios, LLC
Attn: DMCA Claims
431 Governor Peck Hwy.
Richmond, VT 05477
By Email: email@example.com
To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) 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 the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) 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 or intellectual property owner, agent, or the law; and (f) 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 the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
If you believe that your video has been removed in error, you may submit a counter-notification in compliance with DMCA. To be effective, the counter-notification must include: (a) your physical or electronic signature, (b) identification of your material that has been disabled, and the location of the material before it was removed, (c) a statement under penalty of perjury that you have a good faith belief that your material was disabled as a result of mistake or mis-identification of the material, and (d) your name, address, and telephone number, and a statement that says you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (if in the United States), or if your address is outside of the United States, for any judicial district in which the MyTrueBrand may be found, and that you agree to accept service of process from the complaining party, or an agent of such person.
MyTrueBrand, and not Provider, is solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim relating to the Services or an MyTrueBrand Audio and/or Video.
Purchase of Products
MyTrueBrand may, from time to time, provide the ability for its users to place an order ("Order") for products relating to MyTrueBrand Audio and/or Videos, such as a DVD ("Products"). You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices for Products in effect when such charges are incurred. Verification of information applicable to an Order may be required prior to our acceptance of any Order. Price and availability of any Products are subject to change without notice, and our current prices can be found on the Site.
All prices are in U.S. dollars. Prices do not include delivery charges or any import duties that may be added by the Order destination country. Delivery charges will be added to your Order during the checkout process. You will also be responsible for paying any applicable taxes relating to your Order. Any dates specified for delivery of any Products are intended to be an estimate only.
Title and risk of loss for any Orders pass to you upon our delivery of Products to our carrier. You are charged at the time of an Order. Deliver is considered complete upon MyTrueBrand’s receipt of confirmation that the electronic version of your Order has successfully uploaded to the transfer provider and the email with the link to download the file by the recipient has successfully been emailed. Delivery is not contingent on the email/delivery recipient receiving, opening, or downloading the delivered files.
Any Products you Order are for your own personal use and enjoyment, commercial purposes, but may not be resold.
An Order is called complete at time of delivery as described above. At time of Order fulfillment, MyTrueBrand’s responsibility to make any changes, revisions, alterations, or any additional action to the Services/Products Ordered is ended. MyTrueBrand may elect, at its sole discretion, to act or not act to make any further change to an Order, as requested by the User. MyTrueBrand reserves the right to charge additional fees for any changes made to a completed Order.
During the production of MyTrueBrand Services and Products, authorized MyTrueBrand writers, editors, and/or agents are authorized to make writing changes including but not limited to edits, revisions, rewrites to User submitted material. MyTrueBrand agrees to do its best to represent the submitted User material accurately. The User hereby authorizes MyTrueBrand to use any written copy that is changed in any way from the material that the User submitted for the creation and fulfillment of the MyTrueBrand Services and/or Products.
User agrees to no more than two proofed revisions of their submitted narration, before MyTrueBrand fulfills the Order. User agrees that MyTrueBrand is not obligated to provide any revisions for User approval and reserves the right, at MyTrueBrand’s discretion, to produce and fulfill an Order with or without the approval of the User.
It is agreed to and understood the MyTrueBrand does not indicate, represent, or otherwise imply that the Voice Over voice used in the production and fulfillment of MyTrueBrand Services and Products are in any way representing or representative of the voice of the User. The Voice Over Actor who voices the MyTrueBrand Product and/or Service is a paid actor.
MyTrueBrand strives but makes no guarantee to fulfill and deliver an Order within 10 business days for the receipt of “edit-ready” material from the User. Edit-ready material is defined as material that conforms to the specific instructions on the Writing Guide. Any submission that deviates from the Writing Guide may result in the delay of the fulfillment of an Order. User waives the right to pursue MyTrueBrand for the fulfillment and delivery of Services and/or Products if the ten business day target for delivery from receiving edit-ready material is not met. MyTrueBrand is subject, however, for Specific Performance, and subject to Vermont State laws applicable to fair business practice and must strive to fulfill and deliver Products and Services in a timely manner.
Limited Warranty for Products
MyTrueBrand provides a limited warranty to you that, within a thirty (30) day period after delivery, Products provided to you by MyTrueBrand shall be free from defects in materials, design and workmanship. If a Product is found to be nonconforming with this warranty within the thirty (30) day period following delivery of the Product, then you shall have the right to request a replacement Product as set forth below.
Note that this limited warranty does not in any way cover your dissatisfaction with the quality of the MyTrueBrand Audio and/or Video arising from or relating to the content uses to create the MyTrueBrand Audio and/orVideo.
Products which do not conform to MyTrueBrand's limited warranty provided for herein will be replaced within thirty (30) days of delivery. No credits or refunds will be given. Replacement is your sole and exclusive remedy for any breach of such warranty.
If you would like to make a warranty claim for a replacement product, send an email to firstname.lastname@example.org
You will receive a response email with instructions on processing your warranty claim.
Disclaimer of Warranties
ALL MYTRUEBRAND SERVICES, INCLUDING WITHOUT LIMITATION OPEN SOURCE SOFTWARE, AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, MYTRUEBRAND, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (C) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE USE OF THE SERVICES, THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER ENTITLED "LIMITED WARRANTY FOR PRODUCTS," MYTRUEBRAND EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Third party Providers have no warranty obligation to You whatsoever. To the extent that MyTrueBrand has not effectively disclaimed warranties relating to the Services, or the limitations set forth above do not apply to You, your sole remedy for breach of warranty shall be to notify the Provider of the nonconformity, and such Provider may (depending on its policies and practices) refund the purchase price for the Services, if any. Other than this limited remedy, MyTrueBrand, and not Provider, is responsible for addressing any of Your claims relating to the Services or Your use of the Services, including but not limited to (i) product liability claims; (ii) claims that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Neither Provider, nor any manufacturer of a hardware device on which the MyTrueBrand Services were accessed, nor any mobile network provider, has any responsibility to provide you with support services relating to the MyTrueBrand Services.
Limitation of Liability
EXCEPT AS SET FORTH IN THE PARAGRAPH ENTITLED "WARRANTY CLAIMS" HEREUNDER, YOUR EXCLUSIVE REMEDY AND MYTRUEBRAND'S AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE OR THE MYTRUEBRAND SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID MYTRUEBRAND, IF ANY, FOR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).
IN NO EVENT SHALL A MYTRUEBRAND OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND MUSICAL CONTENT. MYTRUEBRAND SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR MUSICAL CONTENT OR PRODUCT.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold MyTrueBrand, Provider, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with MyTrueBrand’s terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. MyTrueBrand reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MyTrueBrand in asserting any available defenses.
Use of Site and Storage of Material
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site.
You acknowledge that we reserve the right to convert any Paid User account to a Free User account upon non-receipt of a subscription fee. You should preserve backup copies of any digital data, information or other materials that you have.
We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates.
Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Termination of Use
We may at our discretion and for any reason deny the sale and fulfillment of an Order. Any suspected fraudulent, abusive or illegal activity may be grounds to be referred to appropriate law enforcement authorities.
Upon termination or denial of Order fulfillment, regardless of the reasons therefore, you acknowledge and agree that we may immediately delete your account and all related information and files in your account and/or restrict any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Referral Program, Governing Law, Miscellaneous.
MyTrueBrand may offer a referral program, whereby an incentive is offered to a user ("Referrer") who refers another user to MyTrueBrand. MyTrueBrand reserves the right to discontinue, terminate or modify the referral program at any time. Credits or incentives awarded to a Referrer are not transferable, and have no cash value. Referrers are not agents of MyTrueBrand, and are not authorized to make any commitment on behalf of A MyTrueBrand. MyTrueBrand is not responsible for the conduct of Referrers, and Referrers agree to hold MyTrueBrand harmless from and against any claims arising from Referrer's conduct.
Referrals to the Site are subject to the Linking Conditions set forth herein above. In addition, Referrers may only refer to the Site using the items provided by MyTrueBrand for such purpose ("MyTrueBrand Referral Assets"). Referrers may not alter or modify the MyTrueBrand Referral Assets in any way.
Referrer's participation in any MyTrueBrand referral program is expressly conditioned upon Referrer's agreement and compliance with the following:
Referrer may not place MyTrueBrand Referral Assets in third party newsgroups, message boards, blogs, unsolicited email and other types of spam, link farms, counters, chat rooms, or guest books. Referrer may only place MyTrueBrand Referral Assets on Referrer's Site as specified by Referrer and approved by MyTrueBrand upon application to the referral program.
Referrer represents and warrants that (i) it will not mislead Users in any way, (ii) it shall not cause any transactions to be made that are not bona fide transactions initiated by User, including, but not limited to, using any device, program, robot, Iframes, or hidden frames.
Referrer understands that it will not earn any incentive where Referrer or Referrer's owner, employee, agent, contractor, affiliate, or partner is a User. Furthermore, Referrer may not earn any incentive, at MyTrueBrand's discretion, for multiple transactions from the same individual, entity or IP address.
Referrer represents and warrants that none of its promotional activities will infringe the proprietary rights of MyTrueBrand nor third parties, Referrer will at all times during its participation in the referral program, comply with all applicable laws, rules, and regulations.
Referrer represents and warrants that all promotional means used by it will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities).
Referrer represents and warrants that it will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with any laws and/ or regulations that govern email marketing and/or communications.
Referrer represents and warrants that it will not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (software). Pop up/unders are acceptable on a first party basis only when triggered by Referrer's Site content /site visit or by downloadable software applications for which Referrer is the owner/operator. Pop up/unders delivered through downloadable software cannot engage in means that force clicks or perform redirects, or pop over a pay-per-click listing or natural search results.
Referrer represents and warrants that it will not collect personally identifiable information of Users that would allow MyTrueBrand to personally identify Users.
Referrer agrees to indemnify, defend, and hold harmless MyTrueBrand and its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made or alleged by any third party due to or arising out of Referrer's Site or Referrer's breach of its warranties and representations hereunder.
Any failure to comply with the above or using unapproved methods of referring third parties to the Site, including without limitation delivering the MyTrueBrand Site content in a framed environment, is a violation of this Terms of Service, will not result in a credit or incentive to Referrer, and may result in a termination or suspension of Referrer's MyTrueBrand account at MyTrueBrand's discretion.
The laws of the state of Vermont, USA, will apply to all matters relating to these Terms of Service, the use of this Site and/or services provided through this Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Vermont in Burlington, Vermont USA.
All notices to a User or to MyTrueBrand shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com if by email, or at True Tone Studios, LLC., 431 Governor Peck Hwy, Richmond, VT 05477 USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by MyTrueBrand.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by MyTrueBrand, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.