BRAND.

Terms of Service.

Terms of Service & Use

Brand Babylon is committed to offering clear guidelines and policies.

Contact us at legal@brandbabylon.com if you have any questions or problems regarding our policies and terms of service/use and we will gladly assist you.

Introduction
Welcome to BrandBabylon.com! Your use of the website domain of www.brandbabylon.com, and all related domains, in the form of sub-domain, parked domain, add-on domain, or sub-directory (hereinafter referred to as ‘Website’ or ‘we’ or ‘our’) are subject to the following terms and conditions. They govern your use of this ‘Website’.

By using this ‘Website’, you agree to be bound by these terms and conditions, which may be updated from time and time and posted on this Terms of Use and Conditions page. Your use or search of this ‘Website,’ at any time, under any circumstances, confirms that you have thoroughly read this agreement in its entirety. Your use or search of this ‘Website’ is confirmation that you are in 100% agreement and full understanding of all terms of use, conditions, and consequences whether written or implied, for the ‘Website’ www.brandbabylon.com, and other related domains, owned by Brand Babylon.

“You” means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 18 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind such legal entity. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MAY NOT CREATE AN ACCOUNT, BROWSE THE CONTENT, PURCHASE DIGITAL OR PHYSICAL PRODUCT, OR USE THE SERVICES ON THIS ‘WEBSITE’.

Content
Except as otherwise noted in this ‘Website’, you completely understand and agree the content on this ‘Website’— all information, article(s), character(s), image(s), picture(s), data, text, photograph(s), graphic(s), video(s), message(s), story or narratives, strategy, business or marketing tactic(s), concept(s) and idea(s), or other original material(s), posted, published, displayed, performed, or offered for sale through this ‘Website’ —are the property of Brand Babylon. All original content and material whether publicly posted or privately transmitted on this ‘Website’ is and has always been protected by and under copyright law(s) and all other intellectual property right(s) both domestic and international.

Third Party Content
You understand that this ‘Website’ may knowingly or unknowingly contain copyright or trademark protected content supplied by and/or owned by a third party, such content posted on this ‘Website’ are strictly for non-commercial use and is not insinuation of property or ownership by Brand Babylon or any other contributor of/to this ‘Website’.

Procedure for Reporting Infringements of Copyright under the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”) or Infringements of Other Intellectual Property Rights:
This ‘Website’ and its owner have a zero tolerance policy for unconscionable infringement of copyrights and other intellectual property rights for commercial use. If any of the respective copyright or trademark holders believe in good faith that any Content, Material(s), or Product(s) on the ‘Website’ infringes upon your intellectual property rights, you may contact us in writing either to, request removal of the content within 30 business days of our receipt of the document, message, or email; request that we obtain sufficient permission, license, or attribution in a reasonable amount of time for continued non-commercial usage of the content; or you may submit a notice of claimed infringement to us (a “NOCI”) by providing

the following information in writing to us at www.brandbabylon.com/contact:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that has been allegedly infringed;
2. Identification of the works claimed to have been infringed, or if this is a single notification of a copyright infringement claim covering multiple copyrighted works on the Site, as permitted under the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”), a representative list of such works on the Site;
3. Identification of the Content, Material(s), or Product(s) that is claimed to be infringing or to be the subject of infringement activity and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit this ‘Website’ (brandbabylon.com) to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
5. A statement that the complaining party has a good faith belief that the use of the Content or Product is not authorized by the copyright owner or other intellectual property rights owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information in the NOCI is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the above notice requirements of this Section, your NOCI may not be valid.

When a complete and proper NOCI is received by us, it is our policy to expeditiously investigate the claim and take appropriate action, as determined by us in our sole discretion. Such action may include without limitation: (1) removing or disabling access to the Content, Product or other material identified in the NOCI; (2) notifying the applicable user/contributor that we have removed or disabled access to such material; (3) cancelling orders for Products that include the Content identified in the NOCI; or (4) suspension or termination of such user’s account or website access privileges.

Third Party Websites
This ‘Website’ may link to other websites operated or content provided by third parties, and such other websites may link to this ‘Website’. Brand Babylon and this ‘Website’ have no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement of such websites, the contents of the websites, or the operators of the websites. Brand Babylon and this ‘Website’ is providing these links to you only as a convenience.

License and Website Access
You are granted a limited, revocable license to access and make personal use of this ‘Website’ as our visitor and customer. However, you are not permitted to:

• Reproduce, duplicate, copy, sell, or otherwise exploit the ‘Website’ or any copyrighted all information, information, article(s), character(s), image(s), picture(s), data, text, photograph(s), graphic(s), video(s), message(s), story or narratives, strategy, business or marketing tactic(s), concept(s) and idea(s), or other content (“Website Content”) for any commercial purpose, except as expressly provided;
• Use a robot, spider, or data mining or extraction tool or process to monitor, extract or copy “Website Content” (except in the operation or use of internet “search engines,” hit counters, or similar technology);
• Use any meta tags, search terms, key terms, or the like

that contain the name of this ‘Website’ or trademarks used on this ‘Website’;
• Engage in any activity that interferes with the ‘Website’ or another user’s ability to use the ‘Website’;
• Modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the ‘Website’ and the services offered on the ‘Website’; or
• Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
• Any use of the ‘Website’ or “Website Content” that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

Grant Of Rights And User Conduct
So long as you comply with these Terms, This ‘Website’ hereby grants you a limited, non-exclusive, revocable, non-transferable license, without right of sub-license, to access and make personal use of this ‘Website’ as our visitor or customer. While using this ‘Website’ you agree to:

1. Provide and maintain and update your account information and to keep it true, accurate, current, and complete at all times;
2. Ensure that your access and participation in this ‘Website’ is not illegal or prohibited by laws that apply to you;
3. Take your precautions to ensure that the process that you employ for accessing this ‘Website’ and any linked website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your computer system.

You agree and fully understand that by using this website or its content, you will not directly or indirectly:

1. Post Content or Products in an inappropriate category or areas of this ‘Website’;
2. Fail to deliver payment(s), service(s), or Product(s) promised or posted by you unless a clear typographical error is made or you cannot authenticate the recipient’s identity;
3. Interfere with another user’s Content or Products on this ‘Website’;
4. Circumvent or manipulate the fee structure, the billing process, or fees owed to this ‘Website’ and/or Brand Babylon;
5. Take any action on this ‘Website’ that will disparage its reputation or standing among its users and undermine any ratings system that this ‘Website’ may use;
6. Transfer your customer account and user identification to another party without our prior written consent;
7. Distribute viruses or any other technologies that may harm this ‘Website’, Brand Babylon, or the interests or property of other users of this ‘Website’.
8. Use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer (i) any portion of any information all information, character(s), image(s), picture(s), data, text, photograph(s), graphic(s), video(s), message(s), story or stories, strategy, business or marketing tactic(s), concept(s) and idea(s), or other original content or material(s) for any commercial purpose, except as expressly provided.
9. Harvest or otherwise collect information about other users of this ‘Website’, including email addresses, without their consent;
10. Impersonate any person or entity, including, but not limited to, a partner or administrator of this ‘Website’, owner or contributor of the business Brand Babylon, or falsely state or otherwise misrepresent your affiliation with a person or entity;
11. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential

information learned or disclosed as part of employment relationships or under nondisclosure agreements);
12. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
13. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
14. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

The above list is a non-exhaustive list of examples of prohibited conduct. Brand Babylon reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

Brand Babylon delivers digital marketing, branding, advertising, and design services with a commitment to innovation and excellence.
 
No Guarantees or Warranties
Client(s) and user(s) hereby explicitly acknowledge the inherent unpredictability of market forces and understand that Brand Babylon, along with its affiliates and representatives, cannot guarantee specific or broad outcomes, including, but not limited to, sales, leads, profits, impressions, traffic volume, revenue, and/or any other metric related to our services. By engaging with Brand Babylon and its services, clients explicitly agree and acknowledge that all outcomes are inherently subject to market and service-related uncertainties. Consequently, Brand Babylon, including its affiliates and representatives, expressly disclaims any assurances, guarantees, or warranties regarding the achievement of specific metrics, objectives, or results.
 
Any user or client engaging with Brand Babylon, in any capacity, hereby agrees to indemnify, absolve, and hold Brand Babylon, along with its partners and affiliates, unequivocally harmless from any and all liabilities, claims, penalties, damages, losses, costs, and expenses, including but not limited to attorney’s fees, arising directly or indirectly from the strategies, tactic(s), performance(s), and/or any outcome(s), including the absence of outcomes, related to our services. This indemnity covers all forms of legal claims, known or unknown, anticipated or unanticipated, related to the provision and effects of our services. Also, they shall unequivocally accept, assume, and bear full responsibility for all financial, economic, and social risks, including any legal disputes and associated costs and attorney’s fees, arising from or connected with these engagements.
 
Any forecasts, predictions, or anticipations provided by Brand Babylon or its associates are purely speculative, serving as potential outlooks rather than binding commitments or guarantees. By engaging with Brand Babylon, clients expressly acknowledge and consent to the speculative nature and inherent uncertainties of any forecasts provided, clearly understanding that such speculation and forecasting cannot be assured, promised, or anticipated as reliable outcomes, owing to the volatile dynamics of our services and the market(s).
This understanding is a prerequisite for any engagement with Brand Babylon, all clients and users agree to bear full responsibility for interpreting and acting upon any provided forecasts, and shall fully absolve Brand Babylon and its affiliates from liability for any discrepancies between forecasts and actual outcomes. Thereby, binding clients and users to the acknowledgment that all projections are theoretical and inherently subject to the inherent unpredictability of market forces and our collaborative services.
 

Indemnification
You agree to indemnify and hold Brand Babylon and its employees, agents, representatives, directors, officers, shareholders, attorneys, predecessors, successors, and assigns harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the ‘Website’, your violation of these Terms of Use, or your violation of any rights of another person or entity.

Disclaimer
THIS ‘WEBSITE’ AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS ‘WEBSITE’ ARE PROVIDED BY BRAND BABYLON ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRAND BABYLON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS ‘WEBSITE’ OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS ‘WEBSITE’. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS ‘WEBSITE’ IS AT YOUR SOLE RISK.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAND BABYLON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Modification and Severability
We reserve the right to make changes to our ‘Website’, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Please read these terms and conditions carefully before using this ‘Website’. If you have any questions or concerns about these terms and conditions, please contact us at www.brandbabylon.com/contact.

Updated December 7th 2023