Terms and Conditions of Use

Last modified: 6 December 2017

Thanks for using our products and services (“Services”). The Services are provided by Branswer Limited, registered in England and Wales under registration number 10852118.

By using our Services, you are agreeing to these terms. Please read them carefully.

From time to time additional terms or requirements may apply. Additional terms will be available with the relevant Services and those additional terms become part of your agreement with us if you use those Services.

Introduction

These terms and conditions apply between you, the User, and Branswer. Please read these terms and conditions carefully as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of any of our Services including but not limited to our website.

Using our Services

You must follow any policies made available to you within the Services.

Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services.

Our Services may from time to time refer to content that does not originate from Branswer. This content is the sole responsibility of the entity that makes it available (“Third Party”). Branswer does not make any warranties or representations about the content produced by a Third Party.

In connection with your use of the Services, we may send you service announcements, administrative messages and other information.

When accessing our Services from a mobile device, please remain safe and obey traffic and safety laws.

Your Branswer Account

You may need to register with Branswer to use some of our Services. You may create your own Branswer Account, or your Branswer Account may be assigned to you by a party authorised by Branswer to do so (“Administrator”). If you are using a Branswer Account assigned to you by an Administrator, different or additional terms may apply, and the Administrator may be able to access or disable your account.

To protect your Branswer Account, keep your password confidential. You are responsible for your Account.

Intellectual Property and Acceptable Use

All content included on the website, unless uploaded by you or another user or created by a Third Party, is the property of Branswer. In these terms and conditions, Content means any process, text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer or mobile device that appears on or forms part of this website, and also means any content generated by or through this website or our Services. For clarity, Content will include our Brand Builder and any content that we may from time to time email you following your use of our Services.

By using this website you acknowledge that such Content is protected by copyright and other applicable intellectual property rights. Nothing in this website shall be construed as granting, by implication, estoppel or otherwise howsoever, any license or right to use any trademark, logo or service mark displayed without the Branswer’s prior written permission.

You may use Content for your own personal use only. If you are accessing Branswer’s services as a business, you may use Content for internal business uses only. You must not reproduce, modify, copy, distribute or use for commercial purposes any Content without Branswer’s prior written permission.

You are prohibited from using the website or any Content in any way that violates others’ enjoyment of our website and Content, or in any way that violates intellectual property laws.

That includes you, Janet.

Privacy and Copyright Protection

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Branswer can use such data in accordance with our Privacy Policy.

Your Content in our Services

Some of our Services may allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give Branswer a worldwide licence to use, host, store, distribute and share this content subject to applicable laws and regulations. The rights that you grant in this licence are for the limited purpose of operating, promoting and improving our Services, and to develop new ones. This licence continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Make sure that you have the necessary rights to grant us this licence for any content that you submit to our Services; you are solely responsible if you breach copyright law or other applicable intellectual property rights or laws.

You can find more information about how we use and store content in the Privacy Policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About our Services

Branswer gives you a personal, non-assignable and non-exclusive licence to use our Services. You may not copy, modify, distribute, sell or lease any part of our Services, or any product derived as a result of our Services.

Modifying and Terminating our Services

Just like your brand, Branswer is constantly growing and changing. We may add or remove functionalities or features and we may suspend or stop a Service altogether at any time at our sole discretion.

You can stop using our Services at any time, although we would be sorry to see you go. Branswer may also stop providing Services to you or add or create new limits to our Services at any time.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.

Other than as expressly set out in these terms or additional terms, Branswer and its agents, partners or assigns do not make any specific promises about the Services. For example, we do not make any commitments about the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. We provide the Services “as is”.

To the extent permitted by law, we exclude all warranties.

Liability for our Services

When permitted by law, Branswer and any agents, partners or assigns will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.

To the extent permitted by law, the total liability of Branswer and its agents, partners and assigns for any claims under these terms, including for any implied warranties, is excluded altogether. In the alternative, the total liability shall be limited to the amount that you paid us to use the Services. In all cases, Branswer and its agents, partners and assigns will not be liable for any loss or damage that is not reasonably foreseeable.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Branswer and its affiliates, officers, agents, employees, partners and assigns from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly.  Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.

These terms govern the relationship between Branswer and you. They do not create and are not intended to create any third party beneficiary rights.

Branswer Limited reserves all rights with regards to non-compliance with these terms. By using this service you agree that the laws of England and Wales should apply to the terms of your use of Branswer Limited’s website and services.

Should any term be deemed unenforceable, that term will be severed from the other terms of this agreement and the terms of use will apply to the extent they remain enforceable.

Media Attribution

Video on homepage banner: “London at Night Raining” by Simon Waldock.

Additional Information

Branswer is a trading name of Branswer Limited. Branswer Limited is registered in England and Wales with company number 10852118 and has a registered address of 14 Ings Lane, Guiseley, Leeds, United Kingdom, LS20 8DA.

For more information or cat photos contact hello(at)branswer.com.