Terms and Conditions
1. YOUR ACCEPTANCE
2. WEBSITE ACCESS
Brave New Voice also reserves the right to terminate a user’s access to the Website at any time in its sole discretion and without prior notice.
You agree not to use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the Brave New Voice servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You further agree not to access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, Brave New Voice grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Brave New Voice reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation individual names, account names, email addresses, or other user identifying information from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
3. THIRD PARTY WEBSITES
The Website may contain links to third party websites that are not owned or controlled by Brave New Voice. Brave New Voice has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that Brave New Voice is not responsible for the content on the Internet or on webpages that are contained outside the Website. By using the Website, You specifically release Brave New Voice from any and all liability arising from Your access or use of any third party website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or though the Website, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third parties.
4. INTELLECTUAL PROPERTY RIGHTS
The content on the Website including without limitation, all text, graphics, images, photos, computer code, software, scripts, multimedia files, , interactive features trademarks, service marks and logos (the “Content”) are owned by or licensed to Brave New Voice, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Brave New Voice or as expressly provided herein. Brave New Voice reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree not to engage in the use, copying, or distribution of any of the Content for any commercial purposes. If You download or print any Content for personal use, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content.
5. USER SUBMISSIONS
The interactive nature of postings on the Website makes it impossible for Brave New Voice to assume responsibility for any of the information, material, or content posted by users. The ideas, suggestions, opinions, comments, and observations made by Brave New Voice users, and any text, data, photographs, video, music, sound, chat, messages, designs, files or other material provided to Brave New Voice by users (all of which are referred to as “User Submissions”) are not endorsed by Brave New Voice, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not Brave New Voice.
You shall be solely responsible for Your own User Submission and the consequences of posting or publishing them. You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to Brave New Voice, You hereby grant Brave New Voice a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission in connection with the Website and Brave New Voice’s business, including without limitation for promoting, displaying, and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed.
If You choose to post a User Submission on Brave New Voice, we require that You adhere to generally accepted rules of etiquette and standards of behavior, and that Your use of Brave New Voice reflects Your respect for the legal rights of users connected with Brave New Voice. You understand that Brave New Voice does not guarantee any confidentiality with respect to any User Submission.
Brave New Voice expressly disclaims any and all liability in connection with User Submissions. Brave New Voice reserves the right to remove Content and User Submissions in its sole discretion and without prior notice.
6. RULES OF CONDUCT
The following rules of conduct apply to Your use of the Website and to all User Submissions, whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.
You may not, in connection with the Website:
Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation, or otherwise engage in commercial activities within Brave New Voice;
Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
Provide false or deceptive information;
Solicit personal information from anyone under 18;
Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
Delete, add or otherwise change other people’s User Submissions.
7. DESIGN AND TYPE TEE SLOGAN SUBMISSIONS
If You are submitting a design to Brave New Voice, You agree to additional Terms and Conditions.
8. COPYRIGHT INFRINGEMENT
Brave New Voice respects the intellectual property of others, and we require users of the Website to do the same. Thus, in Your use of and interactions with Brave New Voice and the Website, You may not post, upload, display, submit, modify, distribute, or reproduce in any way any User Submission that is or contains copyrighted material belonging to others, without obtaining their prior written consent. Brave New Voice reserves the right, in its discretion, to remove any User Submission if it believes that it may infringe the copyright of any third party, and/or to terminate the accounts of users believed to be infringers.
DMCA Takedown Notification.If You are a copyright owner or an agent thereof and believe that any material on Brave New Voice infringes Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent with the following information in writing:
A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
Identification of the copyrighted work (or works) claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Brave New Voice to locate the material (i.e., providing URLs in the content of an email is the best way to help us locate content quickly).
Information reasonably sufficient to permit Brave New Voice to contact You, including Your address, telephone number, and e-mail address at which You may be contacted.
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by You, or Your agent, or the law;
A statement made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.
Brave New Voice
8190 Beechmont Ave. Suite 223
Cincinnati, OH 45255
You acknowledge that if You fail to comply with all of the requirements above Your DMCA notice may not be valid and not be acknowledged by Brave New Voice.
Brave New Voice will process and investigate valid notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Brave New Voice will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Counter-Notice. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the User Submission, You may send a counter-notice to Brave New Voice’s Designated Agent, which must contain the following information in writing:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number; and
A statement that You consent to the jurisdiction of federal district court in the judicial district in which Your address is located, or if Your address is outside of the United States, for any judicial district in which You may be found and that You will accept service of process from the person who provided the initial notification of alleged infringement.
9. MODIFICATIONS TO THE WEBSITE
Brave New Voice reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Brave New Voice shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website
Termination of Your Brave New Voice account includes: (i) removal of access to all pages within the Website; (ii) deletion of Your password and all related information, files and materials, including User Submissions associated with or inside Your account (or any part thereof); and (iii) barring of further use of the Website. Further, You agree that all terminations for cause shall be made in Brave New Voice’s sole discretion and that Brave New Voice shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Website.
11. WARRANTY DISCLAIMER
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL BRAVE NEW VOICE, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF BRAVE NEW VOICE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT BRAVE NEW VOICE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Brave New Voice from its facilities in the United States of America. Brave New Voice makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
16. INTELLECTUAL PROPERTY
The Whiskey Shambles Website is owned by Brave New Voice. No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Brave New Voice.
All of the Brave New Voice trademarks, including but not limited to The Whiskey Shambles, are owned by Brave New Voice and may not be used for any purpose without the prior written permission of Brave New Voice.