Honey Bramble

Legal terms and conditions

HoneyBramble.com and Honey Bramble LLC functions as a digital magazine which can be accessed online via the web address, honeybramble.com; or from here on, “Honey Bramble”. Any individual or visitor who establishes a connection to this site’s services refers to “you”. This terms of service document, or “Terms” covers the rules and regulations in which you agree to comply with.

When it comes to reviewing this User Agreement in full detail, you are responsible. At our sole discretion, Honey Bramble may remove, change, modify, add or terminate any portion of this agreement, in part or whole, and at any time without any prior notice. Should you wish to review the latest and greatest version of these terms and conditions, use the footer (bottom of the page) link to access this page again.

Honey Bramble or you may terminate these terms at any time. Without limiting the foregoing, Honey Bramble reserves the right to immediately terminate your access in the event of any conduct by you which Honey Bramble determines, in its sole description, to be in breach of any terms or considered unacceptable.

By establishing a connection and/or visiting honeybramble.com you represent and agree that you are of legal age to form a binding contract. You additionally agree and represent that you are not barred from receiving services under the laws of the United States of applicable jurisdiction. You acknowledge that you are at minimum thirteen years or older, and if under the age of 18 under parental supervision, legal guardian or other responsible adult. If you are under the age of 13 (children), you are not allowed to visit or access Honey Bramble.

You release Honey bramble from all forthcoming claims of any type whatsoever, including, but not limited to termination or suspension from employment or educational intuitions, dependence, or loss of productivity. By using Honeybramble.com and its services, you herby waive all rights to any claim against Honey Bramble. All statements, opinions and content have not been evaluated by the Food and Drug Administration; all products are not intended to cure, treat, diagnose or prevent any disease.

In regards to authenticity of content or the action of advertisers, Honey Bramble cannot be held responsible. All Honey Bramble content, contests, and other services are “as is” and no warranty of any kind is implied or made; participate at your own risk. Honey Bramble does not assume any responsibility or lability of the product, content, contests or actions of any third party sites. Linked of websites found throughout Honeybramble.com are retained by third parties and do not establish an endorsement, guaranty, or warranty from Honey Bramble.

Products endorsed or mentioned by Honey Bramble are “as is” with no warranty or insure of any kind. Your business dealings with, correspondence, or participation in promotions of, advertisers and affiliates found on Honey Bramble, including payment and delivery of associated goods or services, and any other terms, conditions, warranties or representations associated with such transactions, are solely between you and such advertiser or affiliate. You agree Honey Bramble shall not be liable or responsible for any loss or damage of any sort incurred as the outcome of any such dealings or as the result of the presence of such advertisers and affiliates on Honey Bramble.

Privacy Policy

Honey Bramble has partnered and works with select third-party companies in order to serve advertisements and/or collection certain anonymous information when you establish a connection to honeybramble.com. These companies may use and collect non-personally identifiable data including but not limited to click stream information, time and date, browser type, focus of advertisements clicked or scroll over, etc. The above may be collected anytime you visit honeybramble.com or any other web sites in order to deliver advertisements about goods or services that are likely to be of greater interest to you.

Normally these companies will use a cookie or third party web beacon to track and collect this information. If interested, you may contact Honey Bramble for more information regarding behavioral advertising practice or to opt-out of this nature of advertising. To do so, mail Honey Bramble at the following address: Honey Bramble PO Box 290 Lyons, CO 80540 USA. For data collected on our end, Honey Bramble does not rent or sell this data when it has been personally collected.

We may, in our sole discretion, allow advertisers to use our collected email data for promotional offers. When subscribing to our email subscription, Honey Bramble collects information including but not limited to your email address.

Additional Disclaimers

Honey Bramble is an active participant in the Amazon Services LLC Associates Program. This program is an affiliate advertising program designed to provide us a means for which to earn advertising fees for linking to Amazon.com and affiliated site products and services.

In addition to Amazon Services LLC Associate Program, Honey Bramble utilizes several different affiliate program partners and companies.

California Residents

Due to code of law we do not agree with, Honey Bramble does not provide any service nor have any physical locations or contacts in the state of California. Establishing a connection to this server is prohibited. Your ability to access Honey Bramble may be refused based upon your geo-location IP address. Honey Bramble has no control over attempts to circumvent measures in place; If you location is restricted, Honey Bramble hereby requests you make no connection to the server.

Unauthorized Crawlers and Bot Access

Accessing Honey Bramble via any bot, crawler or web service that is intended to collect data or any other information is prohibited unless approved with permission, in writing by Honey Bramble. By establishing a connection to this server you and your company using said bots or crawlers agree to all terms and conditions. Any violation found by abusing (even single access meets this criteria) crawlers, bots, etc. and not abiding by terms and conditions stated above deems a one-million dollar penalty. If you are a client of one of these data collection companies utilizing crawlers or bots, you are hereby notified that these violations warrant a one-million dollar penalty payable to Honey Bramble. Damages do not have to be proven in any form; you hereby agree to a flat fee for abuse of service. You further agree to cover both parties legal costs should you choose to ignore these terms. Any legal action brought about by you, your company or client are invalidated should you choose to ignore the terms and conditions regarding unauthorized Crawlers and Bot Access. You hereby agree to dismiss all claims in perpetuity.

You further agree that any information, screenshots, logs, or other data obtained by accessing this server through the above methods, cannot be used in any legal manner or court of law. You give up your right to legal action should you, the service provider or you, the client of any service provider, access this server with any form of unauthorized crawler or bot access for any form of data collection. We take unauthorized bot and crawler access seriously, if you do not agree you must terminate access immediately and permanently delete any collected data.

Honey Bramble’s theme, logo and additional owned assets are copyright, and storing any form of this data on a web-server not owned by Honey Bramble is prohibited. In no way can you, or your client utilizing services, store the data above on any third-party server not operated by Honey Bramble. Doing so, is a Copyright violation.

Digital Millennium Copyright Act

Honey Bramble reserves the right to remove content without any prior notice at any time. Honey Bramble does not permit copyright infringing activities and any kind of intellectual property right infringement. Honey Bramble will remove any content if properly notified that said content does in fact, infringement on another person’s or companies intellectual property rights.

DMCA Notice

You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), if you are an agent or copyright holder that believes any third-party content or other content infringes upon your copyright. Please provide our copyright agent with the following information (see 17 U.S.C 512(c) (3)) for supplementary detail) in writing:

(1) A physical or electronic signature of an individual authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a sole online site are covered by a single notification, a representative list of such works at that site;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be deactivated and information reasonably appropriate to permit the service provider to locate the material;

(4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(5) A declaration that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Honey Bramble receives notifications of claimed infringement at the following address:

Honey Bramble LLC Attn: Copyright Agent contact@honeybramble.com

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Counter-Notice

You may send a counter-notice if you believe that your Third-Party Content was removed is not infringing, or if you have authorization from the copyright owner or agent, or pursuant to the law, to post and use content in your Third Party Content.

Please send a counter-notice to the Copyright Agent and include the following information:

(1) Your physical or electronic signature;

(2) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

(3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

(4) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Boulder, Colorado, and a declaration that you will accept service of process from the person who provided notification of the alleged infringement.

Effect of Counter Notice

If a counter-notice is received by the Copyright Agent, the Services may send a duplicate of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 14 business days.

Unless the copyright owner files an action pursuing a court order against the content provider, member or user, the removed content may be replaced, or access to it reestablished, in 14 to 21 business days or greater after receipt of the counter-notice, at the Services sole discretion.

Unsolicited Material and Ideas

Neither the services nor Honey Bramble are responsible for similarity of any of its content in any media to materials or ideas you provide to the Services. If you transmit unsolicited submissions to us through the Services or otherwise, you grant Honey Bramble a worldwide, perpetual, royalty-free, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, modify, publicly display, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Honey Bramble sees fit.

By using the Services and transmitting an unsolicited submission to us, you agree that you are not eligible to receive any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Services, Honey Bramble and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, unfair competition, infringement of proprietary rights, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.

Additional Indemnity

You agree to defend, indemnify and hold harmless Honey Bramble (and its affiliated companies, officers, directors, employees and agents), from and against all claims, damages, losses, liabilities, costs or debts, expenses, obligations, including attorney fees stemming from:

Any third party content you post, consent to reposting or submit. Your use of Services or access. Violation of terms under the terms of use provided here. Violation of US law, rule or regulation or any other country. Third patty right, including but not limited to copyright, trademark, property or privacy right. Other party’s access and use of services with your account. Third Party content claims that involved posted, submitted or consented by you or using your account caused damage to another third party.

This defense and indemnification obligation survive these terms of usage and any termination of your use of services.

Governing Law and Disputes

You agree that the services shall be deemed solely based in the State of Colorado. The Services shall be deemed a passive website that does not give rise to personal jurisdiction over Honey Bramble, either specific or general, in jurisdictions other than Colorado.

You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Boulder, Colorado and waive any objection to personal jurisdiction, to venue, or to convenience of forum.

Any dispute, claim or controversy arising out of or relating to the Services, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Boulder, Colorado before a single arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules.

The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Services (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Boulder, Colorado to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Statute of Limitations. You agree to file any claim regarding any aspect of the Services or these Terms of Use within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.