Terms of Use
Version
1.1
Acceptance of the Terms of Use
These terms of use are entered into by and between you (“you“ or “your”) and Brandy Inc. (“we,” “us” or “our”, the “Brandy Platform”, “Brandy App”, “platform”, or “app”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our products, functionality and services, including without limitation, those provided through https://itsbrandy.io (collectively, “Brandy”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use brandy. By using Brandy, you accept and agree to be bound and abide by these Terms of Use, our Endorser Agreement (if applicable) and our Privacy Policy, found at itsbrandy.io/privacy-policy incorporated herein by reference. If you do not want to agree to the foregoing, you must not access or use Brandy.
Brandy is offered and available to users who are 16 years of age or older. By using Brandy, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Brandy.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Brandy thereafter.
Your continued use of Brandy following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing Brandy and Account Security
We reserve the right to change any service or functionality we provide on Brandy, in our sole discretion without notice. We will not be liable if for any reason all or any part of Brandy is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Brandy to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to Brandy.
Ensuring that all persons who access Brandy through your internet connection are aware of these Terms of Use and comply with them.
To access Brandy or some of the resources it offers, you may be asked to provide certain registration details or [](https://www.beehiiv.com/newsletter-glossary/contacts?)**other information**. It is a condition of your use of Brandy that all the information you provide on Brandy is correct, current, and complete. You agree that all information you provide to register with Brandy or otherwise, including, but not limited to, through the use of any interactive features on Brandy, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Brandy or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Brandy is only available to registered users who are both legally able to access a Stripe account, and of legal working age in the applicable state of residence.
Intellectual Property Rights
Brandy trademarks, logos, intellectual property, content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Brandy, its licensors, or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Brand Endorsement Feature
Brand Endorsement is a feature available only to registered users of the Brandy app which allows such registered users to collect brands they endorse within their profiles in the app, or share brands directly the sharable link or QR code within a brand’s profile in the app. By using the Brand Endorsement feature, you agree to adhere to the following terms and conditions:
Brandy takes a 30% cut of revenue from the payout of first time shoppers discovering that Brand through the Brandy platform.
Commissions for brand endorsements resulting in authentic, first time purchases will be paid to registered users who have setup linked payment accounts on the Brandy platform on or around the 15th of the next calendar month following the first time purchase driven by the registered Brandy user.
Endorsement of brands selling alcohol or controlled substances will not be permitted by registered users age 21 or younger.
The Brandy platform is only available to registered users who are both legally able to access a Stripe account, and age 16 or above.
There is no guarantee that you will earn a commission by endorsing brands on Brandy.
If you attempt to circumvent the system by falsifying first time purchases under multiple identities with a brand you will be liable to pay for payouts to the Brandy platform for those falsified identities attributing endorsement to a Brandy user, plus any legal costs.
If you attempt to falsify the authenticity of a first time purchases with a brand on the Brandy platform, we reserve the right to remove you from using Brandy as a whole. In this circumstance, you are not owed any sort of payment for commissions earned through falsified first time shopper purchases.
The content of any brand endorsement must adhere to these Terms of Use, including the Content Standards.
Brand Profile Visibility Restrictions
Brand profiles for brands selling alcohol or controlled substances will not be shown to registered users age 21 or younger.
Stripe
Brandy’s payments are processed through Stripe, which excludes certain types of businesses from using their service. Please refer to the Stripe Service Agreement (see the US agreement) and Stripe’s restricted businesses for more information about restricted business categories and practices.
Platform Requirements, Prohibited Behavior, and Prohibited Content
Please be advised to carefully review our ["](https://www.beehiiv.com/aup?)Acceptable Use Policy["](https://www.beehiiv.com/aup?) (AUP) for a comprehensive compilation of platform requirements, prohibited behavior, and prohibited content. It is imperative to note that these stipulations are hereby incorporated into this Agreement by reference.
We have the exclusive right to interpret and enforce our ["Acceptable Use Policy"](https://www.beehiiv.com/aup?) guidelines, although we may consult outside experts, research, and industry best practices in doing so. If you encounter content that may be in breach of these guidelines or have any questions about them, you can email us at theteam@itsbrandy.io.
Monitoring and Enforcement; Termination
In our sole discretion, we have the right to:
Remove or refuse to publish any user generated content for any or no reason, and/or hide such content from view.
Take any action with respect to any content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Brandy or the public, or could create liability for Brandy.
Disclose your identity or other information about you to any third party who claims that content published by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Brandy.
Terminate or suspend your access to all or part of Brandy for any or no reason, including without limitation, any violation of these Terms of Use.
With respect to any customer that has been blocked or removed from the Brandy platform, withhold any brand endorsement earnings.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone publishing content on or through Brandy. YOU WAIVE AND HOLD HARMLESS BRANDY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review content before it is published on Brandy, and cannot ensure prompt removal of objectionable content after it has been published. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
The following content standards (the "Content Standards") apply to any and all content published to Brandy. Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, content must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, or that could reasonably incite violence based on protected classes (e.g., incite credible threats of physical harm to people based on their race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, age, disability or medical condition).
Promote harmful or illegal activities, including material that advocates, threatens, or shows you causing harm to yourself, other people, or animals.
Publish any material that was written or created by someone else and claim it as your own.
Promote sexually explicit or pornographic material, including without limitation, (i) porn or sexually exploitative content, or (ii) depictions of nudity for artistic, journalistic, or related purposes,
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, any applicable Publisher Agreement and/or our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, brand, organization or entity, or misrepresent your identity or affiliation with any person, brand, organization or entity.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Publish or post, threaten to publish or post, or incentivize others to publish or post, other people’s private information (such as a personal phone number or home address) without their express authorization and permission.
We have the exclusive right to interpret and enforce these guidelines, although we may consult outside experts, research, and industry best practices in doing so. If you encounter content that may be in breach of these guidelines or have any questions about them, you can email us at theteam@itsbrandy.io
This is an evolving document and we reserve the right to update these Content Guidelines at our discretion and without notice.
Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any content accessible on or from Brandy infringe your copyright, you may request removal of such content (or access to them) from Brandy by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on Brandy, a representative list of such works.
Identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that content.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted content is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may submit a DMCA Notice by emailing theteam@itsbrandy.io.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that content or activity on Brandy is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that content you published on Brandy was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Your physical or electronic signature.
An identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which Brandy may be found) and that you will accept service from the person (or an agent of that person) who provided Brandy with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that content or activity on Brandy was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Reliance on Information Published
The information published on or through Brandy is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other visitor to Brandy, or by anyone who may be informed of any of its contents.
Brandy includes content provided by third parties, including content provided by other users, brand endorsers, and third-party licensors. All statements and/or opinions expressed in such content, and all articles and responses to questions and other content, other than the content provided by Brandy, are solely the opinions and the responsibility of the person or entity providing such content. Such third party content does not necessarily reflect the opinion of Brandy. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.
Information About You and Your Visits to Brandy
All information we collect on Brandy is subject to our Privacy Policy. By using Brandy, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to Brandy and Social Media Features via url or QR code
You may link to our homepage (itsbrandy.io), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Brandy may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on Brandy.
Send emails or other communications with certain content, or links to certain content, on Brandy.
Cause limited portions of content on Brandy to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause Brandy or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of Brandy other than the homepage, blog, brand profile, or your own Brandy user profile.
Otherwise take any action with respect to content on Brandy that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links or QR codes from Brandy
If Brandy contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Brandy, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Reporting Abuse
To report spam originating from Brandy.com please forward the message to theteam@itsbrandy.io
If you suspect any attempts to circumvent the system or abuse related to Boosts, please report it to theteam@itsbrandy.io for investigation. We will conduct an internal review and make a determination based on our investigation.
Geographic Restrictions
The owner of Brandy is based in the State of Delaware and California in the United States. We make no claims that Brandy or any of its content is accessible or appropriate outside of the United States or Canada. Access to Brandy may not be legal by certain persons or in certain countries. If you access Brandy from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Brandy will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Brandy for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF BRANDY OR ANY SERVICES OR ITEMS OBTAINED THROUGH BRANDY OR TO YOUR DOWNLOADING OF ANY CONTENT PUBLISHED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF BRANDY, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH BRANDY IS AT YOUR OWN RISK. BRANDY, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH BRANDY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF BRANDY. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT BRANDY, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH BRANDY WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT BRANDY OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT BRANDY OR ANY SERVICES OR ITEMS OBTAINED THROUGH BRANDY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR BRAND ENDORSERS OR REGISTERED USERS, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, BRANDY, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON BRANDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend and indemnify us and our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Brandy, including, but not limited to, your published content, any use of Brandy’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from Brandy.
Governing Law and Jurisdiction
All matters relating to Brandy and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or Brandy will be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR BRANDY MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by us of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, any applicable Endorser Agreement and our Privacy Policy constitute the sole and entire agreement between you and Brandy Inc. regarding Brandy and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Brandy.
All other feedback, comments, requests for technical support, and other communications relating to Brandy should be directed to: theteam@itsbrandy.io.
Sep 8, 2022
Acceptance of the Terms of Use
These terms of use are entered into by and between you (“you“ or “your”) and Brandy Inc. (“we,” “us” or “our”, the “Brandy Platform”, “Brandy App”, “platform”, or “app”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our products, functionality and services, including without limitation, those provided through https://itsbrandy.io (collectively, “Brandy”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use brandy. By using Brandy, you accept and agree to be bound and abide by these Terms of Use, our Endorser Agreement (if applicable) and our Privacy Policy, found at itsbrandy.io/privacy-policy incorporated herein by reference. If you do not want to agree to the foregoing, you must not access or use Brandy.
Brandy is offered and available to users who are 16 years of age or older. By using Brandy, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Brandy.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Brandy thereafter.
Your continued use of Brandy following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing Brandy and Account Security
We reserve the right to change any service or functionality we provide on Brandy, in our sole discretion without notice. We will not be liable if for any reason all or any part of Brandy is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Brandy to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to Brandy.
Ensuring that all persons who access Brandy through your internet connection are aware of these Terms of Use and comply with them.
To access Brandy or some of the resources it offers, you may be asked to provide certain registration details or [](https://www.beehiiv.com/newsletter-glossary/contacts?)**other information**. It is a condition of your use of Brandy that all the information you provide on Brandy is correct, current, and complete. You agree that all information you provide to register with Brandy or otherwise, including, but not limited to, through the use of any interactive features on Brandy, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Brandy or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Brandy is only available to registered users who are both legally able to access a Stripe account, and of legal working age in the applicable state of residence.
Intellectual Property Rights
Brandy trademarks, logos, intellectual property, content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Brandy, its licensors, or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Brand Endorsement Feature
Brand Endorsement is a feature available only to registered users of the Brandy app which allows such registered users to collect brands they endorse within their profiles in the app, or share brands directly the sharable link or QR code within a brand’s profile in the app. By using the Brand Endorsement feature, you agree to adhere to the following terms and conditions:
Brandy takes a 30% cut of revenue from the payout of first time shoppers discovering that Brand through the Brandy platform.
Commissions for brand endorsements resulting in authentic, first time purchases will be paid to registered users who have setup linked payment accounts on the Brandy platform on or around the 15th of the next calendar month following the first time purchase driven by the registered Brandy user.
Endorsement of brands selling alcohol or controlled substances will not be permitted by registered users age 21 or younger.
The Brandy platform is only available to registered users who are both legally able to access a Stripe account, and age 16 or above.
There is no guarantee that you will earn a commission by endorsing brands on Brandy.
If you attempt to circumvent the system by falsifying first time purchases under multiple identities with a brand you will be liable to pay for payouts to the Brandy platform for those falsified identities attributing endorsement to a Brandy user, plus any legal costs.
If you attempt to falsify the authenticity of a first time purchases with a brand on the Brandy platform, we reserve the right to remove you from using Brandy as a whole. In this circumstance, you are not owed any sort of payment for commissions earned through falsified first time shopper purchases.
The content of any brand endorsement must adhere to these Terms of Use, including the Content Standards.
Brand Profile Visibility Restrictions
Brand profiles for brands selling alcohol or controlled substances will not be shown to registered users age 21 or younger.
Stripe
Brandy’s payments are processed through Stripe, which excludes certain types of businesses from using their service. Please refer to the Stripe Service Agreement (see the US agreement) and Stripe’s restricted businesses for more information about restricted business categories and practices.
Platform Requirements, Prohibited Behavior, and Prohibited Content
Please be advised to carefully review our ["](https://www.beehiiv.com/aup?)Acceptable Use Policy["](https://www.beehiiv.com/aup?) (AUP) for a comprehensive compilation of platform requirements, prohibited behavior, and prohibited content. It is imperative to note that these stipulations are hereby incorporated into this Agreement by reference.
We have the exclusive right to interpret and enforce our ["Acceptable Use Policy"](https://www.beehiiv.com/aup?) guidelines, although we may consult outside experts, research, and industry best practices in doing so. If you encounter content that may be in breach of these guidelines or have any questions about them, you can email us at theteam@itsbrandy.io.
Monitoring and Enforcement; Termination
In our sole discretion, we have the right to:
Remove or refuse to publish any user generated content for any or no reason, and/or hide such content from view.
Take any action with respect to any content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Brandy or the public, or could create liability for Brandy.
Disclose your identity or other information about you to any third party who claims that content published by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Brandy.
Terminate or suspend your access to all or part of Brandy for any or no reason, including without limitation, any violation of these Terms of Use.
With respect to any customer that has been blocked or removed from the Brandy platform, withhold any brand endorsement earnings.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone publishing content on or through Brandy. YOU WAIVE AND HOLD HARMLESS BRANDY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review content before it is published on Brandy, and cannot ensure prompt removal of objectionable content after it has been published. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
The following content standards (the "Content Standards") apply to any and all content published to Brandy. Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, content must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, or that could reasonably incite violence based on protected classes (e.g., incite credible threats of physical harm to people based on their race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, age, disability or medical condition).
Promote harmful or illegal activities, including material that advocates, threatens, or shows you causing harm to yourself, other people, or animals.
Publish any material that was written or created by someone else and claim it as your own.
Promote sexually explicit or pornographic material, including without limitation, (i) porn or sexually exploitative content, or (ii) depictions of nudity for artistic, journalistic, or related purposes,
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, any applicable Publisher Agreement and/or our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, brand, organization or entity, or misrepresent your identity or affiliation with any person, brand, organization or entity.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Publish or post, threaten to publish or post, or incentivize others to publish or post, other people’s private information (such as a personal phone number or home address) without their express authorization and permission.
We have the exclusive right to interpret and enforce these guidelines, although we may consult outside experts, research, and industry best practices in doing so. If you encounter content that may be in breach of these guidelines or have any questions about them, you can email us at theteam@itsbrandy.io
This is an evolving document and we reserve the right to update these Content Guidelines at our discretion and without notice.
Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any content accessible on or from Brandy infringe your copyright, you may request removal of such content (or access to them) from Brandy by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on Brandy, a representative list of such works.
Identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that content.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted content is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may submit a DMCA Notice by emailing theteam@itsbrandy.io.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that content or activity on Brandy is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that content you published on Brandy was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Your physical or electronic signature.
An identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which Brandy may be found) and that you will accept service from the person (or an agent of that person) who provided Brandy with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that content or activity on Brandy was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Reliance on Information Published
The information published on or through Brandy is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other visitor to Brandy, or by anyone who may be informed of any of its contents.
Brandy includes content provided by third parties, including content provided by other users, brand endorsers, and third-party licensors. All statements and/or opinions expressed in such content, and all articles and responses to questions and other content, other than the content provided by Brandy, are solely the opinions and the responsibility of the person or entity providing such content. Such third party content does not necessarily reflect the opinion of Brandy. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.
Information About You and Your Visits to Brandy
All information we collect on Brandy is subject to our Privacy Policy. By using Brandy, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to Brandy and Social Media Features via url or QR code
You may link to our homepage (itsbrandy.io), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Brandy may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on Brandy.
Send emails or other communications with certain content, or links to certain content, on Brandy.
Cause limited portions of content on Brandy to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause Brandy or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of Brandy other than the homepage, blog, brand profile, or your own Brandy user profile.
Otherwise take any action with respect to content on Brandy that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links or QR codes from Brandy
If Brandy contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Brandy, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Reporting Abuse
To report spam originating from Brandy.com please forward the message to theteam@itsbrandy.io
If you suspect any attempts to circumvent the system or abuse related to Boosts, please report it to theteam@itsbrandy.io for investigation. We will conduct an internal review and make a determination based on our investigation.
Geographic Restrictions
The owner of Brandy is based in the State of Delaware and California in the United States. We make no claims that Brandy or any of its content is accessible or appropriate outside of the United States or Canada. Access to Brandy may not be legal by certain persons or in certain countries. If you access Brandy from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Brandy will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Brandy for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF BRANDY OR ANY SERVICES OR ITEMS OBTAINED THROUGH BRANDY OR TO YOUR DOWNLOADING OF ANY CONTENT PUBLISHED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF BRANDY, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH BRANDY IS AT YOUR OWN RISK. BRANDY, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH BRANDY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF BRANDY. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT BRANDY, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH BRANDY WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT BRANDY OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT BRANDY OR ANY SERVICES OR ITEMS OBTAINED THROUGH BRANDY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR BRAND ENDORSERS OR REGISTERED USERS, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, BRANDY, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON BRANDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend and indemnify us and our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Brandy, including, but not limited to, your published content, any use of Brandy’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from Brandy.
Governing Law and Jurisdiction
All matters relating to Brandy and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or Brandy will be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR BRANDY MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by us of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, any applicable Endorser Agreement and our Privacy Policy constitute the sole and entire agreement between you and Brandy Inc. regarding Brandy and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Brandy.
All other feedback, comments, requests for technical support, and other communications relating to Brandy should be directed to: theteam@itsbrandy.io.