BrandThunder | Solutions to Immerse and Delight Your Audience!

Welcome to Brand Thunder! These terms of service (“Terms” or “Agreement”) govern your license and use of the software, applications, services and Web sites of Brand Thunder (“Brand Thunder”).

You may use Brand Thunder only if you agree to abide by these Terms. BY DOWNLOADING OR BY USING BRAND THUNDER, YOU SIGNIFY ELECTRONICALLY THAT YOU AGREE TO THESE TERMS.

1. About these terms. This is an electronic agreement, which you are accepting online. Brand Thunder is provided by Brand Thunder LLC and its affiliates (“we” or “us”). We may modify these terms at any time as our products and services evolve. Therefore, you are responsible to review these terms regularly to learn about any changes. Your ongoing use of Brand Thunder after we post changes to this agreement means that you accept the new terms.

2. Your eligibility. You have the option, but you are not required, to register with us. If you register with us, you agree to provide us with true, complete, and up to date information about yourself. You must be legally capable to enter into contracts. We reserve the right to refuse any application for registration in our discretion. We may refuse the use of any user name that we determine is unacceptable.

3. Your responsibilities. You are responsible for all activities under your account with us. You must keep your log-in information confidential. You must comply with all laws and these terms. You may not violate the rights of others. You are responsible for maintaining at your own expense the equipment and Internet access that you will need to use Brand Thunder.

4. Ownership rights. The software, applications, content, features and Web Sites offered by or through Brand Thunder are owned by us, our suppliers, our distributors, and others who post or make available such materials. These materials are protected by copyright and other intellectual property laws and treaties. All rights not specifically granted to you are reserved by us and the applicable owner of the intellectual property rights. You may not reverse engineer, decompile, or disassemble any aspect of Brand Thunder. You may not modify, adapt, or create derivative works from Brand Thunder. Do not remove proprietary notices. Do not help any one else to do any of the things prohibited in this paragraph.

5. Your rights to use Brand Thunder. Brand Thunder is licensed, not sold. Provided that you are in compliance with this Agreement, we offer you Brand Thunder on a personal, limited and non-exclusive basis for personal and lawful use only. You may not transfer these rights to anyone else. If the service includes any download of software, you may download and install one copy of such software only on those computers that you directly own or lease. You may access the service only through the software, interfaces and protocols provided or authorized by us.

6. Software. Any software provided by or through Brand Thunder is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.

7. Export Laws. The laws of the United States and other countries apply to Brand Thunder, which prohibit the export or re-export of content, products, services and technology to certain countries and persons. You agree to comply with these laws and regulations at your own expense. You assume sole responsibility for any unauthorized exportation.

8. Privacy Policy. Our Privacy Policy located at http://brandthunder.com/privacy discloses how we may use information that you provide to us when you access and us Brand Thunder. You understand and agree that any information you provide to us or share with others is voluntarily, and you do so at your own risk. By using Brand Thunder, you agree to this policy.

9. Advertisements. Brand Thunder is supported by advertising revenue. Some of the advertisements may be targeted, subject to our privacy policy. As consideration for your use of Brand Thunder, you consent to our placements of such advertising.

10. Rules of conduct. You use Brand Thunder or otherwise engage in any conduct that:

    • violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;

    • modify or create any derivative works of Brand Thunder;

    • decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of Brand Thunder;

    • copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any code included with Brand Thunder;

    • attempt to gain unauthorized access to any Brand Thunder service, application, computer system or network associated with Brand Thunder or its software and applications;

    • rent, lend, lease, sublicense or otherwise transfer rights to Brand Thunder;

    • remove or alter any trademark, logo, copyright or other proprietary notices;

    • block, disable, or otherwise effect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of Brand Thunder;

    • incorporate or integrate any Brand Thunder software or feature into any other software, program or product except as authorized by us; or

    • use Brand Thunder in any way that violates this Agreement or any law.

    We may take any legal and technical remedies to prevent the violation of this Agreement.

11. No Spam. You may not use Brand Thunder to transmit, directly or indirectly, any spam or other form of unsolicited bulk communications. We may terminate your access or use of Brand Thunder immediately and take any other legal action if you, or anyone using your access to Brand Thunder, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our network system.

12. We are not obligated for content provided by others. The content and materials submitted by users and others on or through any Brand Thunder application may not be suitable for all persons or minors. Therefore, we are not liable for content or materials that are provided by others, including our advertisers. We are not responsible for content on the Internet. We have no duty to pre-screen content. We reserve the right to remove content from Brand Thunder for any reason, but we are not responsible for any failure or delay in removing such material.

13. Copyright Infringement. If you believe that your work has been copied and is accessible on the service in a way that constitutes copyright infringement, please contact us by sending an email to to report possible copyright infringement. In your email, you must provide us with the following information:

    • a description of the copyrighted work or other intellectual property that you claim has been infringed;

    • the basis of the ownership interest of the intellectual property that you allege is being infringed;

    • where the material that you claim is infringing is located on the site so that we can locate it;

    • your full name, address, telephone number, and email address;

    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

    • a statement by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized person to act on the copyright or intellectual property owner’s behalf.

14. International Use. We do not represent that Brand Thunder is appropriate or available for use in locations outside the United States, and accessing Brand Thunder from territories where the service is illegal is prohibited.

15. Terms for purchases. In the event we offer any products or services for a fee, you agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchase. When you make a purchase from us, you must provide us with a payment method. You must be authorized to use the payment method. You authorize us to charge you for any purchases you make from us using your payment method and for any paid feature of the service for which you choose to sign up or use. Prices and availability of any products or services are subject to change at any time.

16. Disclaimer of Warranties. We provide Brand Thunder “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of Brand Thunder. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT OR THAT BRAND THUNDER WILL MEET YOUR REQUIREMENTS.

17. Limitation of Liability. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF BRAND THUNDER IS TO DISCONTINUE YOUR USE OF THE SERVICE. WE, OUR OWNERS, EMPLOYEES, REPRESENTATIVES, DISTRIBUTORS AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON BRAND THUNDER, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

18. Indemnification. You agree to defend, indemnify, and hold harmless us, our owners, employees, representatives and agents from all liabilities, claims, and expenses — including attorney’s fees — that arise from your use or misuse of Brand Thunder.

19. Electronic Notices. You understand and agree that we transact with our users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the appropriate Web page. You may withdraw your consent for electronic notices by discontinuing your use of Brand Thunder. By using Brand Thunder or registering with us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you.

20. General Terms. These terms make up the entire agreement between you and us regarding your use of Brand Thunder. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. You agree that the laws of the State of Ohio govern these terms and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court of appropriate jurisdiction in Virginia, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If for any reason a court finds that any provision or portion of these terms is unenforceable, the remainder of these terms will continue in force and effect.

Last Updated: 12.27.07