Updated on the 26th of February 2017

General

This is an agreement between you or the entity you represent (hereinafter “You” or “Your”) and We Brand by Desygner Pty Ltd having an address at 71/64 Ferny Avenue, Surfers Paradise, Gold Coast, QLD 4217, Australia (hereinafter “We Brand”) governing your use of We Brand products. These Terms of Use affect your legal rights and obligations (hereinafter, you and We Brand may sometimes be collectively referred to as the “Parties” and each individually as a “Party”).

If you do not agree to be bound by all of these Terms of Use, do not access or use the service and products we provide.

By accessing or using the We Brand website (www.webrand.com) or any mobile applications made available by us, you agree with these terms and with Privacy Policy. Please read these terms carefully, and contact us if you have any questions.

The Service

We provide an array of services for online collaboration and management including visual asset management, campaign creation and distribution, and a collaborative design and editing tool (hereinafter "Service" or "Services").

You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser or mobile application supported by the Services.

You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Services with or without notice to you. You agree that We Brand will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Services for any reason.

Modification of Terms of Service

We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing We Brand notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

We Brand Users

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. You agree to: a) be responsible for any activity that occurs through your account keeping your password secret and secure; b) not to open an account on behalf of third parties. In case you open an account on behalf of a third party, then “you” includes you and that third party, and you represent and warrant that you are authorised to grant all permissions and licenses provided in these Terms and bind the third party to these Terms, and that you agree to these Terms on the third party's behalf; c) not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

Support Queries

If you would like to send a support query to us, please contact us at hello@webrand.com.

Communication from We Brand

The Service may include certain communications from We Brand, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Complains and Feedback

We welcome feedback of any sort and are always interested in learning about ways we can make We Brand better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, We Brand does not waive any rights to use similar or related Feedback previously known to We Brand, or developed by its employees, or obtained from sources other than you. By submitting a complaint regarding your account, you authorise We Brand’s team to check content on your account as required to address the issue.

If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy We Brand in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your implicit consent to disclosure of your name and contact information by We Brand to the complainant.

Organization Accounts and Administrators

When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.

You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that We Brand is not responsible for account administration and internal management of the Services for you.

You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to hello@webrand.com, provided that the process is acceptable to We Brand.

In the absence of any specified administrator account recovery process, We Brand may provide control of an administrator account to an individual providing proof satisfactory to We Brand demonstrating authorization to act on behalf of the organization. You agree not to hold We Brand liable for the consequences of any action taken by We Brand in good faith in this regard.

Restrictions on Use

  1. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  2. You also represent that all information you provide or provided to We Brand upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  3. You agree that you will not solicit, collect or use the login credentials of another We Brand users.
  4. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  5. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your content.
  6. You are solely responsible for your interaction with other users of the Service, whether online or offline.
  7. You agree that We Brand is not responsible or liable for the conduct of any user.
  8. We Brand reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgement when interacting with others, including when you submit or post content or any personal or other information.
  9. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service.
  10. You must not create or submit unwanted comments, likes or other forms of spam communications to any We Brand user.
  11. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any We Brand page is rendered or displayed in a user's browser or device.

General Conditions

Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

Although it is We Brand’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

Fees and Payments

The Services are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription.

At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized We Brand to charge the subscription fee to the Credit Card last used by you.

User Generated Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication by other users.

Any content made public will be publicly accessible through the Internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available.

Any content that you may receive from other users of the Services, is provided to you for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the consent of the person who owns the rights to such content, which may be given through the We Brand website.

By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that We Brand will have the right to block access to or remove such content made available by you if We Brand receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by We Brand for this purpose.

For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, click here.

Image Search

When you search for images that are 100% royalty free, the results are from our partners Pixabay and Unsplash under the creative commons zero license, which means you can copy, modify, distribute and use the photos for free, including commercial purposes, without asking permission from or providing attribution to the photographer.

When you search for images using the Google Image Search, we use the Advanced Search filter called "usage rights" and only display results under "labelled for commercial reuse with modification" so that you know you can use, share, or modify something you find online.

Note: Before reusing content commercially, make sure that its license is legitimate and check the exact terms of reuse. For example, the license might require that you give credit to the image creator when you use the image. Google can't tell if the license label is legitimate, so we don't know if the content is lawfully licensed.

Templates, Vector Art and Images

All material created using We Brand can be downloaded/exported from the Service in a range of formats. You cannot sublicense, resell, rent, lend, assign, gift, transfer or distribute any of the artwork available on the We Brand website.

Termination

Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. "You can deactivate your We Brand account at anytime. If you choose to terminate your account or your account is terminated due to your breach of these terms, your visual assets, campaigns, reports, lists and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others)."

Rights

  1. We Brand does not have ownership of any content that you post on or through the Service. But you grant We Brand permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
  2. Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that We Brand may place such advertising and promotions on the Service or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. The We Brand name and logo are trademarks of We Brand, and may not be copied, imitated or used, in whole or in part, without the prior written permission of We Brand.
  4. Except for artwork you provide to us, all materials therein or transferred thereby, including are the exclusive property of We Brand and its partners.
  5. Your ".webrand" URL must be the same or as similar as possible to your company domain. If you choose a generic word for your URL, we reserve the right to reassign or charge for that URL.

License to use the We Brand website and the Services

Subject to the provisions in the Terms, We Brand grants you a nonexclusive, nontransferable, non-sublicenseable, limited license to use the We Brand website and the Services.

Links

The We Brand website may contain links to other websites. We Brand is not responsible for the content of those websites.

Disclaimers

While We Brand attempts to make user-generated content available through the Service, We Brand does not guarantee access to, or hosting of, your user-generated content. For example, if user-generated content violates these Terms of Service, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily disabled. You agree that We Brand will not be liable to you or to any third party for termination of your access to the Service for any reason.

While We Brand attempts to make the User Content completely safe, you, and not We Brand, are solely responsible for the Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You agree that We Brand will not be liable to you or to any third party for any user who irregularly accesses your content.

The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

All user-generated content available through the Service is owned by their respective owners and We Brand is not responsible in any manner for that content.

WE BRAND SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Indemnification

You agree to indemnify and hold We Brand and/or the We Brand Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by We Brand and/or the We Brand Affiliates in connection with any claim arising out of your breach of the Agreement. We Brand reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

You will be solely responsible and liable for, and will indemnify We Brand and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from user-generated content made available through the Service by you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE BRAND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL WE BRAND’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

Arbitration

In the event of a dispute between the Parties, either Party may call a meeting on providing the other Party with not less than three working days’ notice. Such Initial Meeting may be in person if convenient for both Parties otherwise shall be by way of telephone call or “Skype” or such other format as is convenient.

If (i) the dispute is not settled by negotiation within thirty (30) days commencing on the date when either Party requests a meeting in accordance with the previous paragraph or within such further period as the Parties may agree in writing and (ii) the applicable law does not restrict the arbitration of the dispute, the Parties agrees to settle the dispute by binding arbitration in accordance with the Resolution Institute Arbitration Rules. Unless the Parties agree upon an arbitrator, either Party may request a nomination from the Chair of Resolution Institute. The arbitrator's decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator's award.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE BRAND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Governing law

These terms shall be governed by the laws of the state of Queensland, Australia.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by We Brand without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with We Brand in connection with the Products, shall constitute the entire agreement between you and We Brand concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and We Brand’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision

Copyright

We Brand may, at its discretion, disable and/or terminate the accounts of users who infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

We Brand will respond to any claims of copyright infringement committed using the We Brand website that are reported using our contact form. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through We Brand by using our our contact form.

Translations

Where We Brand has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with We Brand.

If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

Ⓒ 2017 Desygner Pty Ltd