The Browsly.com social media platform, located at https://browsly.com/ and the Google Play Store and Apple App Store applications (hereinafter, “Browsly Platform”), is a copyrighted work belonging to Browsly Corp. (“Company”). Certain features of the Browsly Platform may be subject to additional terms, guidelines, policies, or rules, which will be posted on the Browsly Platform in connection with such features.
IF YOU DISAGREE WITH ANY OF THE PROVISIONS OF THESE USER TERMS, DO NOT LOG INTO OR USE THE BROWSLY PLATFORM.
II. Access to the Browsly Platform
Subject to these User Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Browsly Platform solely for your own personal, non-commercial use in accordance and full compliance with all terms, conditions, and restrictions of usage set forth herein.
Certain Restrictions. The rights granted to you in these User Terms are subject, without limitation and in addition to all other terms, conditions, and restrictions set forth in these User Terms, to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any part of the Browsly Platform or of any other products, features, apps, services, technologies, or software offered by Company in connection therewith; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Browsly Platform or of any other products, features, apps, services, technologies, or software offered by Company in connection therewith; (c) you shall not use information about the Browsly Platform or about any other products, features, apps, services, technologies, or software offered by Company in connection therewith obtained while using or accessing the Browsly Platform to, directly or indirectly, build, conceive of, fund, manage, own, develop, or create a similar or competitive website, product, feature, application, service, technology, or software; and (d) except as expressly stated herein, no part of the Browsly Platform or of any other products, features, apps, services, technologies, or software offered by Company in connection therewith, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated. Any future release, update, or other addition to functionality of the Browsly Platform shall be subject to these User Terms. All copyright and other proprietary notices on the Browsly Platform must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease operating the Browsly Platform with or without notice to you. You acknowledge and agree that Company shall not be held liable to you or any third-party for any change, interruption, or termination of the Browsly Platform or any part thereof.
No Support or Maintenance. You agree that Company shall have no obligation to provide you with any support or maintenance in connection with the Browsly Platform or any part thereof. Notwithstanding the foregoing, Company shall exercise and take all reasonable efforts to remove any of your own User Content that you provide Company with a written request to remove provided, however, that Company possesses all technical and other capabilities required to do so and that the removal of such User Content does not violate any applicable law, court order, or legal request, e.g., subpoena.
Excluding any User Content that you or another user may provide, you acknowledge and agree that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Browsly Platform, in any part of the Browsly Platform, and in all other content thereon are owned by Company or Company’s affiliates, suppliers, agents, or representatives. Note that these User Terms and access to the Browsly Platform do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1 herein. Company and its affiliates, suppliers, agents, and representatives reserve all rights not granted in these User Terms.
III. User Content
User Content. “User Content” means any and all information and content that a user uploads, submits, displays, or otherwise posts to the Browsly Platform. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy or any other term or condition herein. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire. Company does not harvest or sell User Content to any third parties and, except as otherwise provided herein, User Content will not be used without your consent or permission.
You hereby grant Company an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free and fully paid, worldwide license to host, reproduce, distribute, modify, run, copy, translate, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Browsly Platform. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content. You also give us permission to use your name and profile picture and information about actions you have taken on the Browsly Platform next to or in connection with ads, offers, and other content that we display across our Browsly Platform and across other products, features, apps, services, technologies, and software offered by us in connection therewith, without any compensation to you. If you download or use our software, you give us permission to download and install updates to the software where available.
You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized. In the absence of your designation of such a person, Company reserves the right to deactivate, remove, or delete your account and permanently delete or remove all User Content, data, and information contained therein.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Browsly Platform or any other products, features, apps, services, technologies, or software offered by Company in connection therewith to collect, upload, transmit, display, or distribute any User Content (i) that infringes or violates any third-party right including, without limitation, any intellectual property or proprietary right; (ii) that is unlawful, fraudulent, discriminatory, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, misleading, trade libelous, pornographic, obscene, patently offensive, or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in actual or attempted violation of any law, statute, regulation, or obligation or restriction imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Browsly Platform any software, malware, virus, or malicious code intended to damage or alter a computer system or data, or which could disable, overburden, or impair the proper working or appearance of the Browsly Platform or any part thereof; (ii) send through the Browsly Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Browsly Platform to harvest, collect, gather or assemble information or data, through automated means or otherwise, regarding other users without their prior written and informed consent and without the prior written and informed consent of the Company; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Browsly Platform, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Browsly Platform or any part thereof, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Browsly Platform; or (vi) use software or automated agents or scripts to produce multiple accounts on the Browsly Platform, or to generate automated searches, requests, messages, or queries to the Browsly Platform. You must obtain our prior written permission to modify, create derivative works of, decompile, or otherwise attempt to extract source code from the Browsly Platform, from any other products, features, apps, services, technologies, and software offered by Company, or from Company, generally.
You further acknowledge and agree to comply with all of the following when using the Browsly Platform or any part thereof: (i) use the same name that you use in everyday life; (ii) provide accurate information about yourself; (iii) create only one account (your own) and use your timeline for personal, non-commercial purposes; and (iv) not share your password, give access to your account to others, or transfer your account to anyone else (without our prior written consent or permission).
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you seriously or repeatedly violate these User Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the Browsly Platform, you hereby assign to Company all rights in such Feedback and agree that Company shall have the exclusive right to use, develop, transfer, assign, and fully exploit such Feedback and related information in any manner and for any reason. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Browsly Platform, (b) your violation of these User Terms or of any other applicable terms, guidelines, policies, and rules governing your use or access to the Browsly Platform or any part thereof, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, including choosing legal counsel of Company’s choice, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
IV. Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Browsly Platform may contain links to third-party websites and services, and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Browsly Platform user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Browsly Platform user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Browsly Platform. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: ” A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
The Browsly Platform is provided on an “as-is” and “as available” basis, and Company and our affiliates, suppliers, agents, and representatives expressly DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. We and our suppliers make no guarantee that the Browsly Platform will meet your requirements, will function without disruptions, delays, or imperfections, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Browsly Platform, all such warranties are limited in duration to ninety (90) days from the date of first use.
Company does not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
VI. Limitation on Liability
To the maximum extent permitted by law, in no event shall Company or our suppliers be liable to you or any third-party for any lost profits, revenues, lost data, information, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these User Terms or your use of, or incapability to use the Browsly Platform even if Company has been advised of the possibility of such damages. Access to and use of the Browsly Platform is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these User Terms or Company’s services, will at all times be limited to a maximum of fifty U.S. dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to these User Terms.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Browsly Platform. We may suspend or terminate your rights to use the Browsly Platform at any time for any reason at our sole discretion, including for any use of the Browsly Platform in actual or attempted violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Browsly Platform will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases and/or servers. Company will not have any liability whatsoever to you for any termination of your rights under these Terms or for any deletion, removal, or loss of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Section 2, Section 3 and Sections 4 through 10.
VII. Copyright Policy.
Company respects the intellectual property rights of others and expects that users of our Browsly Platform do the same. In connection with our Browsly Platform, we have adopted and implemented a policy respecting copyright law that provides for the potential removal of any infringing materials and for the potential termination of users of our online Browsly Platform who are repeated infringers of intellectual property rights, either belonging to Company or to a third party, including copyrights. If you believe that one of our users is, through the use of our Browsly Platform, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Under no circumstances shall the foregoing language, or any other language contained herein, create or impose an obligation on Company to remove any reportedly infringing materials, to report any reportedly infringing materials (unless Company is required to do so by law), or to terminate or remove a user’s user account or use or access of the Browsly Platform.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Browsly Platform. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Browsly Platform. These changes will be effective immediately for new users of our Browsly Platform. Continued use of our Browsly Platform following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 1680 NE 205 TERR MIAMI, FL 33179. After the Notice is received, you and the Company may attempt to, in good faith, resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, despite good faith efforts to do so, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. You acknowledge and agree that any arbitration, and associated hearings, sessions, etc., shall be held in either Miami-Dade County, Florida or Broward County, Florida. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the User Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law or as otherwise provided in a separate settlement agreement that may be executed by the parties in said arbitration proceeding. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement or User Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement or User Terms shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement or User Terms may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement or of the User Terms.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court. Any such action, suit, or other proceeding shall be instituted exclusively in the United States District Court for the Southern District of Florida or the courts of the State of Florida, in and for Miami-Dade or Broward County, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Any such action, suit, or proceeding shall be governed by, and construed in accordance with, the laws of the State of Florida, United States of America, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Florida.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets, and other claims not arising out of these User Terms shall not be subject to this Arbitration Agreement. Any such action, suit, or other proceeding shall be instituted exclusively in the United States District Court for the Southern District of Florida or the courts of the State of Florida, in and for Miami-Dade or Broward County, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit exclusively to the personal jurisdiction of the United States District Court for the Southern District of Florida or the courts of the State of Florida, in and for Miami-Dade or Broward County, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Any such action, suit, or proceeding shall be governed by, and construed in accordance with, the laws of the State of Florida, United States of America, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Florida.
The prevailing party in any action for claims which do not arise of these User Terms or which are otherwise permitted to be litigated in court pursuant to the foregoing Arbitration Agreement and User Terms, shall be entitled to an award of its costs of litigation, including reasonable attorney’s fees.
The Browsly Platform may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Browsly Platform or send us emails, or whether Company posts notices on the Browsly Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if they were to be in a hard copy writing.
Entire Terms. These User Terms constitute the entire agreement between you and us regarding your use of the Browsly Platform and supersede all prior agreements. Our failure to exercise or enforce any right or provision of these User Terms shall not operate as a waiver of such right or provision. The section titles in these User Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these User Terms is held to be invalid or unenforceable, the remaining provisions of these User Terms will remain in full force and effect and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These User Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. All of our rights and obligations under these User Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Browsly Platform are the property of the Company or of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.