Terms & Conditions

1. Your Acceptance

Welcome to the Terms of Use for BrandLume. This is an agreement (“Agreement”) between BrandLume Inc. (“BrandLume”), the owner and operator of brandlume.com website and any associated services offered (collectively the “Platform”) and you (“you”, “your” or “user(s)”), a user of the Platform. Throughout this Agreement, the words “BrandLume,”  “us,”  “we,” and “our,” refer to our company, BrandLume, as is appropriate in the context of the use of the words.

By clicking “I agree”, accessing, or using the Platform you agree to be bound by this Agreement and the Privacy Policy.  We may amend our Terms of Use or the Privacy Policy and may notify you when we do so.  PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.  If you do not agree to the Terms of Use or the Privacy Policy please cease using our Platform immediately.

2. User Information and Accounts

Users may be required to register on the Platform before accessing portions of the Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful and accurate information when registering for our Platform and must be over the age of 18.  Users may only register for one account per user.  We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify BrandLume immediately of any unauthorized use of your account or any other breach of security. BrandLume will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.  If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf and you represent and warrant that you are authorized by your company to incur financial obligations and enter into legally binding agreements on behalf of your company.

3. Access and License Grant to You

After registering and properly paying where required, we grant you a personal, non-exclusive, revocable, limited license to access the Platform and to use any of our services. As a user, you do not receive any ownership interest in any portion of the Platform; you merely receive the aforementioned revocable access and license as stated. All rights not explicitly granted are reserved for BrandLume.  If you breach any of our usage guidelines, as stated below, we may revoke your license or your access to use our Platform at our discretion.  Additionally, we may revoke your license or restrict your access to our Platform if we believe that your actions may harm us, our business interests, or at our discretion.  Failure by us to revoke your license or restrict access does not act as a waiver of your conduct.

4. Services

Through the Platform, BrandLume may offer Digital Marketing, Branding and Website services; or any other services. BrandLume uses reasonable efforts to provide these services to you; however, all services provided depend on innumerable factors and market variables that are outside of BrandLume’s direct control. For these reasons, all services offered are not guaranteed and are offered “as-is”. Where you decide to use any services offered by the Platform, you agree that we make no guarantees including but not limited to web placement, rankings, or any profits.  You understand that the services offered may have variance, be inexact, cause negative effects, or be otherwise incorrect.  An increase in search engine ranking, increase in business, or any other associated benefits are neither implied nor guaranteed.  Website rankings or results may vary by region, search engine, or fluctuate based on factors outside of our control.  Due to the nature of our services, you agree:

  • BrandLume is not responsible for any changes made to a user’s website that adversely affects the search engine rankings of the user’s website.
  • Website design and development services are subject to inclusion of a mention of BrandLume, as the producer of the website at the footer on the website. Clients have the option of removal of mention/ link for a fee of 20% of the total value of the project.
  • BrandLume has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future and user may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
  • BrandLume cannot and does not guarantee any position change, fixed position, or position increase for any keyword, phrase, or search term.
  • BrandLume makes no representations as to any profits or increased business as related to a user’s use of the services.
  • BrandLume has no control over any actions or inaction by any search engines related to a user’s website or a website’s ranking.

You agree to release us from any liability that we may incur for providing you any services offered via Platform. You agree that any service or any other information found on the Platform may be inaccurate, unsubstantiated or possibly even incorrect. You agree to release us from any liability that we may have to in relation to your use of our Platform.

5. User Obligations

For any users that wish to purchase any services offered via the Platform, you agree that you will promptly cooperate and provide to BrandLume access, software codes, data, documents, content, art, and/or other information needed by us to provide any services to you. Your failure to cooperate or assist us may prevent the completion of any services offered. Where you fail to cooperate with BrandLume, you agree that no refunds may be granted.

6. Use of the Platform and Services

When using our Platform, you are responsible for your and for any use of BrandLume made using your account and for your use of any services provided. You agree to the following:

  • You may not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
  • You may not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
  • You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
  • You may not use automated bots or other software to send more messages through our Platform than humanly possible;
  • You may not share your license or access with any other parties;
  • You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
  • You may not access our Platform in an attempt to build a similar or other competitive product;
  • You may not use the Platform to store or transmit any health, medical, or sensitive financial information;
  • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You may not collect or harvest any personally identifiable information, including account names, from the Platform;
  • You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
  • You may not use the Platform for any purposes that are misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing;
  • You may not violate any requirements, procedures, policies or regulations of networks connected to BrandLume;
  • You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
  • You may not interfere with or disrupt the Platform;
  • You may not violate any law or regulation and you solely are responsible for such violations;
  • You agree that you will not hold BrandLume responsible for your use of our Platform; and
  • You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but BrandLume reserves the right to suspend or terminate any account at any time without notice or explanation.

7. User Content

Your ability to submit or transmit any information through the Platform, including but not limited to data, information, images, references, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content.   You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted.  We provide industry standard security for our Platform but we cannot guarantee the absolute safety and security of any such User Content.  Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.  Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.

When you submit any User Content to us, you grant BrandLume, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform. Additionally, you grant to BrandLume a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform.

8. Privacy Policy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your access to and use of the Platform.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  You further understand that any information collected by BrandLume may be transferred to Canada and/or other countries for storage, processing and use by BrandLume and its affiliates.

9. Client Data Usage

The Client acknowledges that BrandLume may: (i) use the Client’s name and/or logo for the sole purpose of identifying the Client as a client of BrandLume , including on BrandLume website; and (ii) produce one or more case studies summarizing the way in which the Services provided by BrandLume have been implemented, for internal use and in presentations to other clients or potential clients. Where any such case studies:  include information beyond what is available in the public domain, the content of the case study will be subject to the Client’s review and approval before publishing. Clients who wish to opt out of such marketing need to communicate that prior to initiating services.

10. Platform and Services Availability

Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time.  Additionally, BrandLume is under no obligation to provide the services to any users and may suspend a user’s access to the Platform at any time and at our discretion. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

  • Modification of Platform

We reserve the right to alter, modify, update, or remove our Platform at any time.  We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications.  For example, we may provide updates to fix security flaws, or to respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.

  • Payments

Portions of the Platform or specific services offered may require payment and you agree to pay for all costs, fees, and taxes listed. User authorizes BrandLume or its third party payment processors to charge their method of payment at the time of purchase and subscription renewals for subscription based services. Please be aware that purchases are completed via our third party payment processors.   Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current.   Where you have failed to pay or where payments are overdue, BrandLume may suspend or terminate your access to any services of the Platform, without liability to us.

  • Taxes

Where BrandLume does not charge you taxes for any purchases, you agree to pay any and all applicable taxes for your use and purchase of the services.  Additionally, where requested by us, you agree to provide us tax documentation to support any claims of on-time tax payment.

  • Subscription Plans and Automatic Renewals

For your convenience some services offered by BrandLume may be made on a recurring subscription basis (“Paid Subscription”). Where you decide to purchase any Paid Subscriptions, your payment information shall be logged and you will be charged monthly for any Paid Subscriptions. YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT AT THE EXPIRATION OF YOUR INITIAL PAID SUBSCRIPTION, YOUR PAID SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL MONTHLY SUBSCRIPTION PERIODS (OR FOR THE SAME PERIOD AS YOUR INITIAL PAID SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON A RENEWABLE BASIS FOR THE PAID SUBSCRIPTION PLAN SELECTED BY YOU.

If you wish to cancel your Paid Subscription please cancel through your dashboard or notify us via email at shine@brandlume.com. While the industry standard is long-term payable contracts or minimum 60 days written cancelation notice, we only require a 30 days written notice for any subscription cancelation requests. Upon cancellation of a Paid Subscription, portions of the Platform may become immediately inaccessible. Where your Paid Subscription has been cancelled or expired, we have no liability to you for any deleted, inaccessible, modified, or removed User Content. We do provide full service for the period paid for, once you request a cancelation, but there are NO REFUNDS for the 30 days cancelation period. 

  • Pricing and Price Increases

The pricing for any services or Paid Subscriptions is listed on BrandLume Platform. BrandLume may increase the price of any Paid Subscriptions or services, at our discretion and we reserve the right to do so at any time. In the event of a price increase, BrandLume shall notify you and you will have the chance to accept or reject any price increase.  Please notify us if you intend to reject a price increase.  Where you have rejected a price increase, you may be unable to access portions of the Platform. You agree that BrandLume has no obligation to offer any services or Paid Subscriptions for the price originally offered to you at sign up.

  • Refunds

As we offer online services, we cannot offer refunds for any Paid Subscriptions or any paid services.  Please be aware that all purchase are final. However, BrandLume wants you to be satisfied with our services and thus we offer a 30 Day Satisfaction Guarantee.  If you are dissatisfied with any of our services, please contact us within thirty (30) days of your initial use of such service. Once we have received your communication, we will communicate with you to understand your concerns and will assist in rectifying any dissatisfaction caused by our services.

  • Deliverables

When using the Platform, user may be entitled to receive press releases, blog posts, or other creative content (collectively the “Deliverables”) upon purchase of our services.  Contingent on complete and timely payment, BrandLume shall assign to user all right, title, and ownership interest to any Deliverables purchased by the user.  Where user has failed to pay for any Deliverable in a timely manner, BrandLume reserves the right to withhold or demand the return of any Deliverable from the user.

  • Estimates

Please be aware that some of our services provided may list estimated dates and timelines for delivery or completion (“Estimated Dates”).  Although, BrandLume shall attempt to deliver all services by the Estimated Dates listed on the Platform, these Estimated Dates are merely good faith estimates and are non-binding in nature. BrandLume reserves the right to modi