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Brayola Terms of Service

Brayola Services Limited (“Brayola”, or, “us”, “our”, “we”) provides a tool for you to discover and chose undergarment items (“Items”) provided by Brayola’s affiliates through the Brayola website located at http://brayola.com (the “Site”).

These Terms of Service (“Terms”) govern your access and use of the Site and all services available through the Site (“Services”). “You” or “Your” means an adult user of the Site, or as the parent or guardian of any minor whom you allow access the Site, and for whom you will be held strictly responsible.      Please read these Terms carefully. These Terms govern your access to and use of the Site. You must accept these Terms prior to using the Site. By using or visiting the Site (including all Content and Services available through the Site), you signify your assent to both these Terms and our Privacy Policy, which is available at .  Changes may be made to these Terms from time to time.  Your continued use of the Site will be deemed acceptance to amended or updated terms.  If you do not agree to any of these Terms, please do not use the Site.

Limited License

Brayola grants you a limited license to access and use the Site and Services subject to the terms and conditions of these Terms for your personal use only. This license does not allow you to make any commercial use or any derivative use of the Site or the Services, including any of its individual elements or Content (as defined below). You acknowledge that Brayola may, in its sole discretion and at any time, discontinue providing any part of the Site or the Services without notice. Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or else, have your parent's or guardian's permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Site or Services does not violate any applicable law or regulation or any obligation you may have to a third party. You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Brayola.

Account Registration

When you complete the registration process, you create a Brayola account and become a member. Your account allows you to participate in certain Services, subject to the Terms and our Privacy Policy. Brayola reserves the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a user can establish on the Site, all at Brayola’s sole discretion. To create an account, you must select a username and password. Your username is your Brayola identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices. You may not provide false information during the registration process. You must provide truthful and accurate information while creating your Brayola account. You should not reveal your password to other users. Brayola will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates Brayola Terms. If your account is terminated, you may not join Brayola again without express permission. You agree to immediately notify Brayola of any unauthorized use of your Brayola account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Brayola will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Brayola harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail  that your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.

Termination of Account

You agree that Brayola may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of Brayola. If Brayola believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. You may request termination of your Brayola account at any time and for any reason by sending an email to . Any suspension, termination, or cancellation shall not affect your obligations to Brayola under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Content

Certain types of content may be made available through the Site or the Services. “Content” as used in these Terms means, collectively, all content on or made available on the Site, including but not limited to information on any conversations, comments, Q&A, or pictures available on the Site, whether by us or by any other member of user of the Site. Content on the Site may contain descriptions of Items or other products, including for commercial sale. Brayola attempts to be as accurate as possible. HOWEVER, BRAYOLA DOES NOT WARRANT THAT ANY ITEM OR PRODUCT DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Item or Content information at any time without prior notice. Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an Item displayed. Brayola may choose at its sole discretion to monitor user-generated Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Brayola reserves the right to treat user generated Content as content stored at the direction of users for which Brayola will not exercise editorial control except when violations are directly brought to Brayola’s attention. Brayola has the right to edit, delete, distort or move user generated Content from the Site, or Services without notice for any reason at any time. Additionally, Brayola has the right to refuse to transmit, post or broadcast any user Content without notice for any reason at any time. You are fully and solely responsible for any Content you submit or post to the Site, and represent and warrant that such Content complies with all applicable law and does not infringe third party intellectual property rights. Brayola has no obligation to accept, display, review or maintain any Content. Moreover, Brayola reserves the rights to remove and permanently delete any Content, including any statements of any user, without notice and for any reason. Any posted or submitted Content shall not be considered confidential and may be disseminated by Brayola without any compensation to you. Items and Content you use or available through your account may be available to the public, and you should have no expectation of privacy in the same. This provision shall not apply to personal information that is subject to Brayola’s Privacy Policy except to the extent that you make such personal information publicly available on or through the Site or the Services or in any Content. BRAYOLA DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND BRAYOLA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT. Content on the Site comes from a variety of sources.  You understand Brayola is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content.  Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to wave, and do waive, any legal or equitable rights or remedies you have or may have against Brayola with respect to thereto. It also is possible for others to obtain personal information about you due to your use of the Service, including any Content that you may choose to make available. Anyone receiving Content through the Services may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service or through any Content. Please carefully select the type of information that you post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

Intellectual Property

Brayola and its licensors own the Site, including all worldwide intellectual property rights in the Site, Content and Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site, Content or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Content or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Brayola or any third party. By submitting or posting any Content, you grant Brayola and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Site or Services in any media formats and through any media channels, including without limitation, for commercially promoting the Site and Services, as well as any Items or other commercially available items on the Site.

Content Linked to by Brayola

Portions of the Site may involve linking to or using web sites belonging to third parties. By searching an Item shown on the Site, you may be taken to the site of a third party. The Site may also provide you with links to access the Sites of third party vendors or retailers including, without limitation, for the purpose of reviewing or purchasing Items. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, Brayola cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Brayola is not responsible for content or services available by means of such sites. Brayola does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

Content Restrictions

Without limiting the foregoing, you agree that you will not use the Site in any manner or transmit any Content that: 1. Restricts or inhibits use of the Site; 2. Uses any account or password without prior permission; 3. Obtains or solicits another person’s password or other personal information under false pretenses; 4. Impersonates another user or otherwise misrepresents yourself in any manner, whether to another user, to us, or otherwise; 5. Violates the legal rights of others, including defaming, abuse, stalking or threatening users; 6. Infringes (or results in the infringement of) Brayola’s or any other third party’s intellectual property or other rights; 7. Is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; 8. Does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause Brayola to be in violation of any law or regulation, or to infringe any right of any third party; 9. Publishes falsehoods or misrepresentations that may damage Brayola or any third party; 10. Manipulates identifiers, forges headers or other data in order to disguise the origin of content transmitted through our sites or to manipulate your presence on our site; 11. Disrupts, interferes or harms our Site, servers or networks; 12. Imposes an unreasonably or disproportionately large load on our infrastructure; 13. Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate; and 14. You may not use the Site to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose. Use Restrictions The software and technology underlying the Site is the property of Brayola, and you may not do or attempt to do any of the following: 1. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Content, Services or the Site (including without limitation, for the purpose of obtaining unauthorized access to our Site) without our prior written authorization, including framing or mirroring any part of the Site; 2. Circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content; 3. Use the Site, Content or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; 4. Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; 5. “Deep link” to the Site or any Content on it, unless such link was provided to you for that purpose by the Site; 6. Harvest, collect or mine information about other users of the Site; 7. Create a database by systematically downloading and storing all or any of the Content on the Site; 8. Violate the Terms or any other rule or agreement applicable to you or Brayola through the Site's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service; 9. Use or access another user’s account or password without permission; or 10. Use the Site or content thereon in any manner not permitted by these Terms.

Copyright

Brayola will remove all Content if properly notified of these infringements, and may do so at our sole discretion, without prior notice to users at any time.  Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Site infringes their rights under United States copyright law. Users may need to obtain authorization of the owner of these materials for use of any other purpose other than viewing on the web.  To obtain authorization, please contact the image owner as indicated on the source site, and not Brayola.  Brayola is unable to give authorization to use copyrighted images.  Brayola accepts no responsibility or liability for the content of any site included in any Content, or otherwise linked to by the Services, or for the user’s use of such Content.  We reserve the right to remove any Content without prior notice to you, any other user, or any third party.    If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us. If you need to contact us for any other reason, please use our “Contact Us” section which is available at .        Disclaimers & Disclaimer of Warranty Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Content and Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Brayola. BRAYOLA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT, AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. BRAYOLA DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT AND SERVICES; OR (II) THAT THE SITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND SERVICES. Brayola is not responsible for any incorrect or inaccurate Content (including Items) posted on the Site or in connection with the Services, whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Services. Brayola takes no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from Brayola, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability

Brayola assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. Brayola is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation in the Site or in connection with the Services. Under no circumstances shall Brayola be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, or from the conduct of any Users of the Site or Services, whether online or offline. IN NO EVENT SHALL BRAYOLA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BRAYOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL BRAYOLA'S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. The Site, Services or Content may provide links to third-party websites or resources. You acknowledge and agree that Brayola is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You further acknowledge that Brayola does not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

   

Indemnification

You agree to indemnify, defend, and hold harmless Brayola and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site (including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines.

Miscellaneous

These Terms shall be governed by the law of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the state or federal courts in the State, City, and County of New York, United States of America, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Brayola must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Brayola or enables you to act on behalf of Brayola. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Brayola and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.   We may at any time, without prior notice: (a) cancel any user account, or limit any user’s access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof (including, without limitation, by changing the manner in which fees or time for sessions is calculated); and (d) assign any and all of our rights under these Terms to any other entity. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns. We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.   Nothing contained in these terms shall be construed to limit the actions or remedies available to Brayola with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and Brayola reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of Brayola (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. These Terms supersede any prior agreements between you and Brayola with regard to your use of the Site. We may assign our rights under these terms to any third party.

You may request termination of your Brayola account at any time and for any reason by sending an email to support@brayola.com