Terms and Conditions
Welcome to BrandCrumbs!
BrandCrumbs is owned and operated by Pine Street Media LLC.
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by BrandCrumbs. This includes any version of BrandCrumbs accessible via desktop, mobile, tablet, social media or other devices.
By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website", refer to BrandCrumbs’ website, "we", "us", "our", and "BrandCrumbs", refer to Pine Street Media LLC, and “client”, and "user", refer to you, the user or client of BrandCrumbs.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.
1. ACCEPTANCE OF TERMS
This agreement sets forth the legally binding terms for your use of the website and services offered by BrandCrumbs. By accessing and using the website and its services, you agree to abide by the provisions of this agreement. If you do not agree to these terms, you must refrain from using the website and services. We reserve the right to modify this agreement at any time, and such modifications shall be effective upon posting on the website. By continuing to use the website and services following the posting of any modifications, you agree to be bound by the updated terms; therefore, it is important that you review this agreement periodically.
BrandCrumbs reserves the right, in its sole discretion, to refuse to provide services to any user or client and to modify its eligibility criteria at any time. This provision shall be inapplicable in those jurisdictions where it is prohibited by law and, in such cases, the right to access the website and services will be revoked.
By using the website and services, you represent and warrant that you have full power, authority and capacity to enter into this agreement and to perform all obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement.
2. NOTIFICATIONS AND NEWSLETTER
By providing BrandCrumbs with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.
3. DESCRIPTION OF SERVICES
BrandCrumbs offers professional services in video production, digital advertising and project management, designed to meet the marketing and communication needs of businesses and content creators. Clients interested in exploring how our services can support their brand have the opportunity to schedule a strategic call with our team. Through our website, they can select a date and time that best fits their schedule, providing their name and email to confirm the appointment.
During the strategy call, we will thoroughly discuss the client's brand, long-term goals and vision, focusing on their specific project, such as the development of a podcast or any other type of content. This conversation is key to understanding the client's scope of work and goals, allowing us to create a customized strategy. No advance preparation is required for the call, but we recommend clients make sure to confirm their appointment via text message or email that they will receive after scheduling. If not confirmed within 48 hours, the call will be automatically cancelled.
To ensure a smooth and productive conversation, we suggest that clients participate from a quiet location with a good Internet connection where they can concentrate without interruptions. This strategic call will be essential to determine the scope of the project, the client's specific needs and the price of our services.
4. CLIENT CONTENT
BrandCrumbs' clients may provide content, including but not limited to text, images, graphics, logos and any other material necessary for the proper provision of the contracted services. By providing such content, the client retains all copyrights and proprietary rights to the content. However, at the same time, the client grants BrandCrumbs a non-exclusive, worldwide, royalty-free, fully sub-licensable licence to use, reproduce, modify, adapt and create derivative works of the content for the sole purpose of performing the contracted service.
This licence of use is necessary for BrandCrumbs to optimise, integrate and apply the content provided on the different platforms and tools necessary for the effective execution of the services. BrandCrumbs undertakes to use the client's content responsibly and solely within the scope of the contracted service, without deviating from the agreed purpose.
The client assures and guarantees that the content provided does not infringe the rights of third parties, including intellectual property rights, privacy rights or any other legal rights. Furthermore, the client declares that it possesses all licenses, permissions and authorisations necessary to grant BrandCrumbs the rights described in this clause. In the event of any third party claim related to the content provided, the client agrees to indemnify and hold BrandCrumbs harmless from any liability, damages, costs or expenses, including reasonable attorneys' fees.
BrandCrumbs reserves the right to reject, remove or modify any content provided by the client that it deems inappropriate, illegal, offensive or that may violate BrandCrumbs' policies or applicable laws. The client will be notified of any changes or removal of content and will have the opportunity to provide alternative content that complies with the stated requirements.
Upon termination of the contracted service, BrandCrumbs will no longer use the content provided by the client, except in cases where retention of the content is necessary to comply with legal or contractual obligations. The client may request the return or destruction of the content provided upon termination of the agreement, provided that such request is made in writing and is reasonably required by BrandCrumbs.
5. LIMITATION OF LIABILITY
BrandCrumbs offers video production, digital advertising and project management services, provided with the utmost diligence and professionalism. However, by using our services, the client acknowledges and agrees that BrandCrumbs does not guarantee specific results or the success of any proposed strategy during the strategic call or execution of the projects. The client assumes responsibility for any decisions made based on the services provided and the information discussed in the strategy call.
BrandCrumbs shall not be liable for any direct, indirect, incidental, special or consequential damages, including, but not limited to, loss of business opportunities, profits, data, reputation or any other type of loss that may arise from the use or inability to use our services, or from any errors, omissions or delays in the provision of the services. This includes any type of technical failure related to the scheduling of strategic calls or connectivity issues during strategic calls.
Information provided during strategy calls is for the sole purpose of guiding and discussing possible marketing or content production approaches, strategies and solutions. BrandCrumbs is not responsible for the client's interpretation of such information or the implementation that the client chooses to make based on the recommendations given. The client is responsible for confirming that any content, strategy or campaign complies with all applicable regulations, including copyright, intellectual property, advertising and privacy.
In addition, BrandCrumbs does not guarantee that access to its services through the website will be free of interruptions, errors or viruses, and will not be liable for any damages caused by these events. Although we will do our best to resolve any technical issues that arise, BrandCrumbs will not be liable for the automatic cancellation of strategic calls due to failure to confirm within the stipulated timeframe.
In the event of any dispute related to our services, BrandCrumbs' maximum liability shall in no event exceed the amount paid by the customer in connection with the specific service giving rise to the claim.
6. COPYRIGHT
All content on BrandCrumbs website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by BrandCrumbs or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on BrandCrumbs are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without BrandCrumbs prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize BrandCrumbs or any part of the material for any purpose other than its intended purposes is strictly prohibited.
7. COPYRIGHT INFRINGEMENT
BrandCrumbs will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). BrandCrumbs respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that BrandCrumbs can find it on the website.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
8. PERSONAL DATA
Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.
9. PROHIBITED ACTIVITIES
The following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the services for any purpose without our express written permission.
- "Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by BrandCrumbs in connection with the services.
- Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
10. DISCLAIMER OF WARRANTIES
Due to the nature of the Internet, BrandCrumbs provides and maintains the website on an "as is", "as available" basis and does not promise that use of the website will be uninterrupted or error free. We will not be liable to you if we are unable to provide the website or our services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse BrandCrumbs for any loss or damage caused as a result.
BrandCrumbs shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject to the foregoing, to the maximum extent permitted by law, BrandCrumbs excludes all liability for any loss or damage of any kind whatsoever which may arise, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem you notify BrandCrumbs of, and BrandCrumbs shall have no liability to pay any compensation, including without limitation any liability in connection with:
- Any incorrect or inaccurate information on the website.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
- Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from BrandCrumbs.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
11. ELECTRONIC COMMUNICATIONS
BrandCrumbs will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.
12. INDEMNIFICATION
You agree to defend and indemnify BrandCrumbs from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the website and services.
13. CHANGES AND TERMINATION
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
14. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by BrandCrumbs, shall constitute the entire agreement between you and BrandCrumbs concerning and governs your use of the website and the services.
15. FORCE MAJEURE
BrandCrumbs shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.
16. ARBITRATION
You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity, as well as any aspect of your use of the website and our services, shall preferably be resolved by binding arbitration between you and BrandCrumbs. Notwithstanding the foregoing, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.
In the event of any dispute arising in connection with your use of the website and our services or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.
In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and our services. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.
17. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of Florida. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Florida. This applies unless binding arbitration is agreed to in the applicable section.
18. FINAL PROVISIONS
Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.
Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.
In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.
We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.
19. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us using the contact information below:
Pine Street Media LLC - BrandCrumbs.
Email: studio@brandcrumbsmedia.com