Last Updated: June 2018
All rights reserved.
By accessing or using the Braveart website (or any content, product, service or feature available through the website, you agree to abide by and be bound by the terms described herein and by all terms, policies and guidelines incorporated by reference, as well as any additional terms and restrictions presented in relation to specific content or a specific product, service or feature (collectively “the Site Terms“). If you do not agree to all of these terms, do not use the site.
Please read the Site Terms carefully.
These Site Terms are not intended to alter the terms or conditions of any license agreement you may have with Braveart, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your license agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Braveart for violations of these Site Terms.
Ownership of the Site and its Contents
The Site is owned by Braveart. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, and the selection and arrangement thereof (“Content“), is owned by Braveart, its licensors, or its third-party image partners, as the case may be. All elements of the Site, including the Content, are protected by copyright, common law, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
The Site and the Content are intended for customers of Braveart. You may not use the Site or the Content for any purpose not related to your business with Braveart. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with Braveart; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Braveart product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing, or in any way commercializing the Site or the Content without specific written authorization from Braveart; and (h) using the Site or the Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.
Braveart shall, in appropriate circumstances and at Braveart’ sole discretion, terminate account holders who infringe the intellectual property rights of Braveart or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with Braveart as set forth below:
PO Box 31606
Phone +264 (0) 61 216 366
Intellectual Property; Limited License to Users
Subject to your compliance with the Site Terms, and the law, you may access and use the Site. Braveart remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under the Site Terms. Braveart may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Braveart’s sole discretion. Braveart provides the Site on an “as is” and “as available” basis.
All Content, as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Content violates applicable laws and the Site Terms. Except as expressly provided herein or in a separate license agreement between you and Braveart, Braveart does not grant any express or implied permission to use the Site or any Content.
You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.
Unless you enter into a license agreement with Braveart you may not download, distribute, display and/or copy any Content.
You may not remove any watermarks or copyright notices contained in the Content.
Braveart trademarks, the Braveart logo, and any other product or service name or slogan contained in the Site are trademarks of Braveart and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Braveart or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Braveart” or any other name, trademark or product or service name of Braveart without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Braveart and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a Braveart logo or other proprietary graphic of Braveart to link to the Site without the express written permission of Braveart. Further, you may not frame any Braveart trademark, logo or other proprietary information, including the Content, without Braveart’ express written consent.
Braveart makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Braveart and Braveart is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Braveart provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Braveart of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Braveart shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Where enabled, you may embed Content on a website, blog or social media platform using the embedded viewer (“the Embedded Viewer“). Not all Content will be available for embedded use, and availability may change without notice. Braveart reserves the right in its sole discretion to remove Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Content. You may only use embedded Content for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.
Braveart (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.
Forums & Other Interactive Services or Areas
The Site may include interactive areas or services, including blogs, bulletin boards, live chat, message boards, social media, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the site (“Interactive Areas“). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (“User Content“) that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers or credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Braveart, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Braveart or its users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. Braveart takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Braveart liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Braveart is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Braveart has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Braveart reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice.
You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You acknowledge and agree that Braveart may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Braveart; or to protect the safety of our company, employees, customers or the public. If you post User Content to the Site, unless we indicate otherwise, you grant Braveart and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Braveart and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data“); (b) maintain and promptly update the Registration Data, and any other information you provide to Braveart, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Braveart immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Braveart.
Links to Third Party Sites
In the event that the Site is available through any third party platform, or if Braveart provides links from the Site to any third party platform or permits any third party to link from its platform to the Site, you understand and agree that Braveart makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Braveart, and Braveart provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Braveart.
Information You Provide
You agree to defend, indemnify and hold harmless Braveart, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Content, or your violation of any rights of another.
The Site, including, if applicable, without limitation the embedded viewer and the Content, are provided “as is” and Braveart, its members or directors, as the case may be, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose, and any other warranty that may arise under any law. Braveart will not be liable for any damages of any kind arising from the use of the Site or the Content, or the unavailability of the Site of the Content, including but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. Without limiting the foregoing, Braveart makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted or error free; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the Site, services or materials will be corrected. Braveart makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of your content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Braveart will continue to support any particular feature of the Site.
The functions embodied on or in the materials of this Site are not warranted to be uninterrupted or without error. You, not Braveart, assume the entire cost of all necessary servicing, repair or correction due to your use of this Site or the Content. Braveart makes not warranty that the Site or the Content is free from infection by viruses or anything else that has contaminating or destructive properties.
Braveart uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.
Braveart offers a search feature within the site. Braveart explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Braveart also disclaims any responsibility for the completeness or accuracy of any directory or search result. While Braveart has made reasonable efforts to correctly categorize, keyword, caption and title the content, Braveart does not warrant the accuracy of such information, or of any metadata provided with the Content.
Some foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.
Limitation of Liability
In no event shall Braveart, its members or directors, as the case may be, employees, content providers, agents or affiliates be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence, whether active, passive or imputed) or otherwise, arising out of or in any way connected with the use of the Site, the services, the Content, or the materials contained in of accessed through the Site, including without limitation any damages caused by or resulting from reliance of any information obtained from Braveart, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether nor not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Braveart’s records, programmes or services.
In no event shall the aggregate liability of Braveart, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to Braveart for access to or use of the Site.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Content shall be submitted to confidential arbitration in Windhoek, Namibia, except that, to the extent you have in any manner violated or threatened to violate Braveart’s intellectual property rights, Braveart may seek injunctive or other appropriate relief in any state or court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the ADR Forum of Namibia. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of the Site Terms, Braveart reserves the right, without notice and in its sole and absolute discretion, to terminate your account and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Braveart. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Braveart reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit our website.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to Braveart email at email@example.com or phone us at +264 (0) 61 216 366.