Terms of Use BrandBooming

These Terms of Use (“Terms”) were last updated on September 15, 2019.

BrandBooming’s mission is to improve marketer’s performance in growing brands. We enable marketers anywhere to enroll in our online educational course to learn and develop skills and knowledge. We need rules to keep our platform and services safe for all. These Terms apply to all your activities on the BrandBooming website and all other services (“Services”).

We also provide details regarding our processing of personal data of our students in our Privacy Policy.

By agreeing to these Terms, you agree to resolve disputes with BrandBooming through binding arbitration (not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section (9).

Table of Contents

  1. Accounts
  2. Course Enrollment and Lifetime Access
  3. Payments, Credits, and Refunds
  4. Content and Behavior Rules
  5. BrandBooming’s Rights to Content You Post
  6. Using BrandBooming at Your Own Risk
  7. BrandBooming’s Rights
  8. Miscellaneous Legal Terms
  9. Dispute Resolution
  10. Updating These Terms
  11. How to Contact Us
  1. Accounts

You need an account for all paid activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting us via welcome@brandbooming.com. You must have reached the age of consent for online services in your country to use BrandBooming.

You need an account for most activities on our platform, including to purchase and enroll in a course. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.

If you share your account login credential with someone else, you are responsible for what happens with your account and BrandBooming will not intervene in disputes between students who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us at welcome@brandbooming.com. We may request some information from you to confirm that you are indeed the owner of your account.

Students must be at least 18 years of age to create an account on BrandBooming and use the Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account.

You can terminate your account at any time by send a request directly to welcome@brandbooming.com. Check our Privacy Policy to see what happens when you terminate your account.

  1. Course Enrollment and Lifetime Access

When you enroll in our course, you get a license from us to view it via the BrandBooming Services and no other use. Don’t try to transfer or resell (parts of) our course in any way. We grant you a lifetime access license, except when we must disable the course because of legal or policy reasons.

As a student, when you enroll in our course, you are getting from BrandBooming a license to view the course via the BrandBooming platform and Services, and BrandBooming is the licensor of record. Our course is licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

In legal, more complete terms, BrandBooming grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Brand Booming authorized representative. This also applies to content you can access via any of our (future) APIs.

We generally give a lifetime access license to our students when they enroll in a course. The lifetime access is not applicable to add-on features and services associated with a course. To be clear, the lifetime access is to the course content.

  1. Payments, Credits, and Refunds

When you make a payment, you agree to use a valid payment method. If you aren’t happy with your course, BrandBooming offers a 30-day refund or credit for our course purchases.

3.1 Pricing

The price of our course is determined and fixed. We do not run promotions and sales for our course. The price applicable to our course will be the price at the time you complete your purchase of the course (at checkout). The price is set in Euro’s.

If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.

3.2 Payments

You agree to pay the fees for our course when you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. BrandBooming works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.

3.3 Refunds and Credits

If the course you purchased is not what you were expecting, you can request, within 30 days of your purchase of the course, that BrandBooming credit/refund your account. No credit or refund is due to you if you request it after the 30-day guarantee time limit has passed.

To request a credit/refund, send your request to welcome@brandbooming.com.

At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to our course due to your violation of these Terms, you will not be eligible to receive any credit or refund.

  1. Content and Behavior Rules

You can only use BrandBooming for lawful purposes. We can ban your account for repeated or major offenses.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If you are a student, the Services may enable you to ask questions to the instructor of our course you are enrolled in, and to post reviews of courses. The instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.

BrandBooming has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

  1. BrandBooming’s Rights to Content You Post

You retain ownership of content you post to our platform. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.

The content you post as a student remains yours. By posting content, you allow BrandBooming to reuse and share it but you do not lose any ownership rights you may have over your content.

When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize BrandBooming to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through our platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who may partner with BrandBooming for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

  1. Using BrandBooming at Your Own Risk

We enable students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use BrandBooming at your own risk.

If you enroll our course, you rely on any information provided by us at your own risk. By using the Services, you assume full responsibility for the choices you make before, during and after your enrollment in our course.

When you interact directly with us, you must be careful about the types of personal information that you share. You should not share any personal information about you for your safety.

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

  1. BrandBooming’s Rights

We own the BrandBooming platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

All right, title, and interest in and to the BrandBooming platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by students) are and will remain the exclusive property of BrandBooming and its licensors. Our platforms and services are protected by copyright, trademark, and other laws. Nothing gives you a right to use the BrandBooming name or any of the BrandBooming trademarks, logos, domain names, and other distinctive brand assets and features. Any feedback, comments, or suggestions you may provide regarding BrandBooming or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the BrandBooming platform and Services:

  • Access, tamper with, or use non-public areas of the platform, BrandBooming’s computer systems, or the technical delivery systems of BrandBooming’s service providers;
  • Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems;
  • Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the BrandBooming platform or Services;
  • Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services;
  • In any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as BrandBooming); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
  1. Miscellaneous Legal Terms

These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

8.1 Binding Agreement

You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with BrandBooming. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

These Terms put in English are provided for convenience and you understand and agree that the Dutch language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrollment and Lifetime Access), 5 (Brand Booming’s Rights to Content You Post), 6 (Using Brand Booming at Your Own Risk), 7 (Brand Booming’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).

8.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our suppliers and partners) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our suppliers and partners) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will BrandBooming or its suppliers and partners be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

8.3 Limitation of Liability

There are risks inherent into using our Services, for example, if you enroll in our course, loose sleep and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our suppliers and partners) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our suppliers and partners) to you or any third parties under any circumstance is limited to the greater of one hundred euros (€100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

8.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless BrandBooming and our employees, suppliers and partners from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

8.5 Governing Law and Jurisdiction

These Terms are governed by the laws of The Netherlands, without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of federal and state courts in Amsterdam, The Netherlands.

8.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to welcome@brandbooming.com).

8.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

  1. Dispute Resolution

If there’s a dispute, we are happy to help resolve the issue. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting us at welcome@brandbooming.com.

9.1 Small Claims

Either of us can bring a claim in small claims court in (a) Amsterdam, The Netherlands or (b) another place we both agree on, as long as it qualifies to be brought in that court.

9.2 Going to Arbitration

If we can’t resolve our dispute amicably, you and BrandBooming agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

9.3 The Arbitration Process

Any disputes that involve a claim of less than €10,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the Dutch Arbitration Institute (Nederlands Arbitrage Instituut). You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than €10,000 must be resolved per the Dutch Arbitration Institute’s (Nederlands Arbitrage Instituut) rules about whether the arbitration hearing has to be in-person.

9.4 No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

9.5 Changes

Notwithstanding the “Updating these Terms” section below, if BrandBooming changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing BrandBooming written notice of such rejection by mail or hand delivery to: BrandBooming, Attn: Legal, Brinklaan 120, 1404GT Bussum, The Netherlands, or by email from the email address associated with your Account to: welcome@brandbooming.com, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and BrandBooming in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.

  1. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and BrandBooming reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

  1. How to Contact Us

The best way to get in touch with us is to contact us via welcome@brandbooming.com. We’d love to hear your questions, concerns, and feedback about our Services. Thanks for learning with us. DO NOT DIVERSIFY, UNIFY!