Updated 29th July, 2016
If you do not agree to these Terms, please do not use the BrandBrief Services or mobile applications. Each time you use BrandBrief, the current version of the Terms will apply. Accordingly, when you use the Service, you should check the date of the (which appears at the top of this document). The Terms will be available at all times at www.brandbrief.com/terms
These Terms of Service (“Terms”) create a legal agreement between you (“you” or “your” and if applicable your Brand, Company or any of your affiliates) and BrandBrief, a Division of ImageBrief, Inc. (“BrandBrief”,“we”,“our”) govern your access to and use of our Services, including the BrandBrief website, email notifications, mobile applications, campaigns, posts and submissions (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
BrandBrief is for Creators - Influencers, storytellers, opinion formers and tastemakers - not celebrities. You may not recognize them but their followers do. It can be more powerful to have one hundred creators with a thousand followers, than one Creator with a hundred-thousand followers - so be open.
Creators invest a lot of time into creating post submissions for you. Responding to each one quickly will prevent Creators from having a negative experience with your brand.
Resist the urge to micro-manage. Everything from bad grammar to shaky footage makes up a unique dialect a Creator has crafted with their audience over thousands of posts. If you change the language, you’ll change the Creators anticipated response.
If you wouldn't recommend the brand for free - don't recommend it for money. BrandBrief is for discovers who love sharing cool stuff, and brands they are passionate about.
BrandBrief is a global platform and different countries have different rules about disclosure so be safe and be transparent. Add #spon #ambassador #brandambassador, #ad or similar in your description tags so that your followers can identify a sponsored post.
Post must stay on the top of your feed for minimum 5 hours and on your platform for 30 days. BrandBrief will automatically check your post remains live and exactly as it was when approved by the Brand before paying you commissions.
We invite and approve Creators who’ve organically grown their audience. If we find you’re misrepresenting the organic nature and size of your audience we will delete your account.
If you’re seen to be recommending competing brands in quick succession or over-populating your feed with sponsored posts, you’ll lose credibility with Brands and your followers. Stay cool, stay on brand and play nice.
3.1 At BrandBrief we believe that consumers always come first with sponsored posts. Therefore both Brands and Creators need to ensure that no campaign or post is false or misleading.
3.2 BrandBrief mandates that users comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (see generally http://www.ftc.gov/news-events/media-resources/truth-advertising/advertisement-endorsements, the Federal Trade Commission’s Dot-Com Disclosures (http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-staff-revises-online-advertising-disclosure-guidelines/130312dotcomdisclosures.pdf), the Word of Mouth Marketing Association’s Influencer Handbook (https://womma.org/are-you-making-good-use-of-the-influencer-guidebook/)); and all applicable laws and regulations, including but not limited to Section 5 of the Federal Trade Commission Act.
3.3 We support the The International Chamber of Commerce’s Consolidated ICC Code of Advertising and Marketing Communication Practice codes of practice that promotes high standards of ethics in marketing.
4.1 In the Terms, (i) “Marketer” “Brand” or “Brand Marketer” means any person or entity who participates in the Marketplace Services directly or by BrandBrief authorized personnel on behalf of a Brand for the purpose of creating Campaign’s to use the services of a Creator, (ii) “Creator” or “Influencer” means any person, entity or group that creates and distributes the sponsored social content and/or performs an action through their associated social networks (i.e. Instagram, Twitter, Facebook, etc.) via the Marketplace and receives compensation for such content or action via the Marketplace, (iii) “Affiliate” means any authorized entity or person that directly or indirectly controls the transactions of the Marketer or Creator. The term “control” with regard to this definition means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through the ownership of voting securities, written voting rights agreement, written agreement, title or other influence, (iv) “Campaign” means a request by a Marketer for a Creator to create and/or distribute sponsored social content and/or perform an action through their social network. These Terms shall apply to all transactions conducted through the Marketplace.
4.2 The Service is controlled, operated and administered by BrandBrief from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BrandBrief Content accessed through BrandBrief in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
5.1 You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Service will be able to be viewed by other users and others that you may share it with. You should only provide Content that you are comfortable sharing with others under these Terms.
5.2 You may use the Services only if you can form a binding contract with BrandBrief and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree that you are at least 18 years old. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
5.3 The Services that BrandBrief provides are always evolving and the form and nature of the Services that BrandBrief provides may change from time to time without prior notice to you. In addition, BrandBrief may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
6.1 Participating Brands create and launch campaign invites ("Campaigns") which are displayed in the BrandBrief mobile application. Creators who have downloaded the BrandBrief mobile application have the opportunity to receive compensation in exchange for creating and/or distributing sponsored social content and/or performing an action through their social network.
6.2 All Campaigns accepted by the Creator must comply with the requirements set forth by the Brand (herein referred to as the "Requirements") in the Campaign. Each Campaign listing should contain a complete and final description of the requirements.
6.3 Unless the Campaign is for a Cause or Charity (in which case the Creator can ‘donate’ a post) the Creator’s create content in accordance with the Campaign requirements and name a price they would charge for sharing on the social networks specified in the Campaign.
6.4 Once a submission has been made the Brand is solely responsible for the review and approval of the Creator’s post within three (3) days of the submission. If the post is approved, BrandBrief will charge the amount accepted by the Brand to the credit card held on file.
Any person over the age of 18 years may register for an Account, but in order to receive an invite, have submissions to Campaigns approved, and earn compensation via the BrandBrief Marketplace, Creators must meet the following minimum standards:
At least 1,000 real followers on the Creators Channels relevant to the channels required by the Brand;
Creator’s Channels must be public (viewable by anyone); and
If you do not meet the minimum standard in conditions set forth above, you may not be able to participate in Campaigns or access the full functionality of the Application.
To register an Creator Account, Creator must download the Application and sign in to the Application with their Facebook, Instagram and/or Twitter accounts in the manner required.
Once a Post has been approved by a Brand, you are required to publish the Post to your relevant Channel through the BrandBrief platform in the manner required within 24 hours of the Post being approved (unless the date and time of the post has been specifically requested by the Brand in which case you must publish the post at that time or within a maximum of 15 mins either side of the specified time).
You will not have an opportunity to edit a submission after a Brand has approved the Post. You agree you are solely responsible for the publication of Posts. BrandBrief merely provides a service allowing Brands to approve Posts before publication, but the publishing of Posts remains your responsibility.
Before receiving any Payments, you will be asked to provide financial details including your nominated bank account, Payoneer or PayPal account details.
BrandBrief will issue you with a recipient generated tax invoice for this purpose. No payments other than the Post Fee are payable in respect of each approved Post. You are responsible for the accuracy of your nominated bank, Payoneer or PayPal account details.
You acknowledge and agree that the relevant Brand, not BrandBrief, will be solely liable for Payment of the applicable Post Fee for the approved Post. BrandBrief merely facilitates such Payment on behalf of the Brand and, while BrandBrief may remit payment to the Creator directly to the account details provided by Creator, under no circumstances does BrandBrief accept liability for Payment of the Post Fee. You agree that you will not pursue any actions, legal or otherwise, against BrandBrief for any non-payment, and that this provision constitutes a bar to any such proceedings.
Posts which do not comply with this condition may be removed from BrandBrief at BrandBrief’s absolute discretion.
Creators must clearly disclose in sponsored Posts their relationship with the Brand. BrandBrief requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your Channels that there is a commercial relationship between you and the Brand. This may be achieved through the use of hashtags such as #sponsored, #spon, #advertisement or #ad or through other means suitable to your particular circumstances, Community and Channels.
BrandBrief reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all Creators in relation to particular Post or your Channels generally and to require greater levels of disclosure (at BrandBrief’s sole discretion) in particular Posts or across your Channels generally or, if you do not agree to the required levels of disclosure, to remove you from the BrandBrief Platform.
BrandBrief and the relevant Creator and Brand acknowledge and agree that any necessary public relations announcements regarding the removal or modification of a Post, as the case may be, will be agreed by BrandBrief and the relevant Creator and Brand before publication.
In consideration of Payment of the Post Fee, the Creator agrees to grant in respect of each and every Post: to BrandBrief (and its agents) the right to edit and reformat the Post into such formats or versions for use by BrandBrief in such media as BrandBrief requires in accordance with this clause; to BrandBrief (and its agents): a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Post for the purpose of marketing and promoting BrandBrief (and its products and services) in any manner, without further notification to or consent of the Creator or any further compensation payable to the Creator; the right to use the Creator’s Identity and performances in the Post and to communicate the Post to the public in all languages, in all media including but not limited to: all online paid media (including but not limited to digital banners); in all online owned media (including but not limited to the website of BrandBrief and internal communications of BrandBrief); in all social media (including but not limited to the social media channels of BrandBrief); and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media); to the relevant Brand (and its agents): the right to share, comment upon and re-post the relevant Post in the social media channel upon which the Post was published, for a period of thirty (30) days expiring at 11:59pm on the thirtieth day after the Post was first published; and the right to use the Creator’s Identity and performances in the Post and to communicate the post to the public in accordance with conditions above and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media).
You acknowledge and agree that the relevant Brand will not be required to remove from its social media channels any Post or any comment, share or re-post of a Post after the post has been shared.
As a Creator , you will at all times perform your obligations and provide Posts to BrandBrief and the Brand as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither BrandBrief nor the Brand will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either BrandBrief or the Brand, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.
You acknowledge that BrandBrief has not made any warranties in respect of the success of a Post or that a Post will be approved by a Brand or in respect of your business or commercial performance or otherwise. You agree that you (and your agents) will not negotiate terms or payment from Brands outside the BrandBrief Platform. Any attempt to circumvent the BrandBrief Marketplace will result in the removal of you from the BrandBrief Platform in BrandBrief’s sole discretion.
To register a Brand Account, you must access Campaign Builder and when prompted, login in the manner required, including providing your full name, email address, telephone number and password, and entering your credit card payment details where requested.
You will not be charged to create a Brand Account. You will only ever be charged when you approve and buy a Post.
BrandBrief may, at its sole discretion, implement a minimum spend for Brand Accounts. You will be notified in writing of any such minimum spend and the minimum spend will only apply to Campaigns launched after you have been notified in writing.
You must pay all charges in the manner set out in Campaign Builder or as otherwise advised by BrandBrief in writing. Payment must be made by credit card using a provider authorized by BrandBrief. BrandBrief reserves the right to charge a credit card surcharge. If a surcharge is applicable you will be notified in writing by email or notifications displayed in the Campaign manager at the time of purchasing a post.
Brands and Media Agencies may request that BrandBrief issue an invoice for fees and charges expected to be incurred by the Brand or Media Agency during the course of a Campaign (“Invoice”), prior to the commencement of the Campaign. BrandBrief reserves the right to refuse any Invoice request in its sole discretion.
In the event that a Brand or Media Agency requests an Invoice and BrandBrief approves the Brand or Media Agency to pay by Invoice, a minimum Invoice amount of US$5,000 will apply, unless otherwise approved in writing by BrandBrief.
Where no terms of payment are stated on an Invoice or otherwise agreed with BrandBrief in writing, the following standard payment terms apply: 14 days from date of Invoice for approved Brands; and 30 days from date of Invoice for approved Media Agencies.
Where a Brand or Media Agency is approved to pay by Invoice, the Brand or Media Agency must provide BrandBrief with a purchase order or insertion order (or similar) approving the fees and charges to be included on the Invoice and including a purchase order or insertion order number. BrandBrief may, in its sole discretion, accept written confirmation (including via email) approving an invoice in lieu of a purchase order or insertion order being provided.
Fees and charges paid to BrandBrief pursuant to an Invoice will be allocated to the relevant Campaign as credit for use in that Campaign (“Credit”).
Until full payment has been received by BrandBrief the credit cannot be allocated to the Brand account and a campaign cannot be launched.
In the event that a Brand or Media Agency does not use all of its Credit in a Campaign, the Brand or Media Agency may request the Credit to be transferred to a new Campaign for the same Brand only (“Transferred Credit”).
Transferred Credit must be used on a new Campaign within 12 months from the date of the original Invoice or is forfeited.
Where BrandBrief approves a Brand or Media Agency to pay by Invoice, the Brand or Media Agency irrevocably authorizes BrandBrief, its employees, servants and agents to make such enquiries as BrandBrief deems necessary to investigate the Brand or Media Agency’s credit worthiness, including, without limitation, making inquiries from referees, banks or any other credit providers (“Information Sources”), and the Brand or Media Agency hereby authorizes such Information Sources to disclose to BrandBrief, its employees, servants and agents, all information requested by BrandBrief for the purpose of assessing your creditworthiness. Any terms of credit offered by BrandBrief, including where BrandBrief approves payment by Invoice, may be varied by BrandBrief in its sole discretion and advised to you in writing.
Media Agencies using the BrandBrief Platform acknowledge and agree BrandBrief is a cost of good and is non-commissionable. No agency rebates will be given.
When you approve a Post, you undertake that you are an authorized user of the card or account (as applicable) nominated on your Brand Account and to pay the applicable charges, that the card details provided are current, correct and complete and that your nominated card or account (as applicable) will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means. Upon receiving your Campaign (including your Campaign Budget), we may carry out a standard pre-authorization check of your nominated card or account (as applicable) to verify the details provided and to ensure there are sufficient funds to fulfil the Campaign Budget. The relevant Campaign may not be shared with Creators via the Application until this pre-authorization check has been completed.
Upon an Creator publishing an approved Post, you authorize us to debit the Fee that is payable for the Post from your nominated card or account (as applicable) in order to pay the charges.
If you fail to pay any charges or we are unable to successfully process your payment of any charges within the timeframe required (as applicable), we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than $10.00 per month. This amount represents a genuine and reasonable estimate of such costs and expenses associated with managing and processing late payments. We also reserve the right to withdraw credit facilities (where applicable) at any time or to remove your access to the BrandBrief Platform.
You may also be liable to pay interest on any amount outstanding at the rate of two percent (2%) over the base rate for $100,000.00 + overdrafts on the date the payment becomes due and you may also be responsible for all reasonable expenses incurred by us as a result of such late payment (including but not limited to costs incurred by us to recover any unpaid amounts). Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or terminate your access to the BrandBrief Platform or to suspend or terminate any current Campaigns.
Brand acknowledges and agrees that it may not offer a product, service or other non-monetary arrangement to a Creator as partial or full payment by a Brand for an Creator’s Post;
You agree that you will not negotiate terms or payment to Creators outside the BrandBrief Platform. Any attempt to circumvent the BrandBrief Platform may result in the removal of the Brand from the BrandBrief Platform in BrandBrief’s sole discretion.
You must not attempt to instruct, coerce or manipulate Creator to hide the commercial relationship between you and the Creator. Such attempts may result in Brand being immediately removed from the BrandBrief Platform.
Brand agrees that BrandBrief is not responsible for any aspect of the Brand’s Content to be reviewed, shared, sponsored or advertised by Creators. Brand acknowledges and agrees that BrandBrief is not responsible or liable for the content of any Post.
Brand acknowledges that Creators are independent third parties and not directly controlled by BrandBrief. As a consequence, any Posts will inherently risk negative or unflattering comments about Brand’s content, products or services. Brand specifically acknowledges and agrees that BrandBrief has no control over any Post that may be published and that Brand is solely responsible (and assumes all liability and risk) for determining whether such Post are acceptable and appropriate to the Brand.
You acknowledge that BrandBrief has not made any warranties in respect of the success of any Campaign in respect of your business or commercial performance or otherwise of any Post, Campaign, Channel or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.
While BrandBrief personnel may assist in reviewing and identifying Creator's posts or actions that violate the Campaign’s Requirements and attempt to resolve disputes, Marketers in their sole discretion shall determine whether a particular Creator is entitled to the set compensation so long as the Marketer observes the requirements of this Agreement. BrandBrief reserves the right to review and reject Campaign’s from Marketers that do not meet our quality standards. Once a post has been submitted by a Creator and agreed (approved and purchased by the Marketer) Marketer has three (3) days to respond with any requested modifications or to reject the post. Failure to do so may result in automatic removal of the post submission or retraction by the Creator.
Final approval and payment to the Creator will occur if the post is active 30 days from approval and remains unaltered from the original approved submission. BrandBrief will automatically check for active posts and make payments to the Creator on behalf of the Brand.
If BrandBrief fails to locate required the required elements, images, tags, location description, required destination links, time of post and disclosure, no payment will be made to the Creator and payment will be returned to the Brand.
11.1 Brand agrees to pay all charges made to Brand’s account for agreed upon fees or use of the Marketplace Services in accordance with these Terms. If BrandBrief does not receive timely payment and the balance in the Brand account is not enough cover agreed upon fees or Marketplace Services hereunder: (i) a charge will be made to the Brand’s credit card or other preferred payment method for the balance owed, (ii) Brand agrees to pay all amounts due on its account upon demand, and (iii) BrandBrief reserves the right to either suspend or terminate a Brand’s account, including deletion of Brand’s Campaigns from the Marketplace until the balance is paid in full. All fees for the Marketplace Services which are charged to Brand account, as well as all deposit(s) for future Marketplace Services, are non-refundable. Brand agrees to submit any disputes regarding any charge in writing to BrandBrief within fourteen (14) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. In the event Brand’s payment method cannot be charged, Brand account will be locked (unable to submit new Campaigns) until an update method is provided.
11.2 If Brand fails to make payment as set forth herein, Brand will be responsible for all reasonable expenses (including attorneys’ fees and costs) incurred by BrandBrief in collecting such amounts. All prices are in United States dollars and do not include taxes that may be assessed by any jurisdiction. If withholding taxes or any other fees are imposed by any jurisdiction on the transactions pursuant to this Agreement, Brand shall pay such taxes to ensure that BrandBrief receives the full amount invoiced without offset or deduction.
11.3 Brand agrees to promptly: (i) update all information to keep account and credit card billing current, complete and accurate (such as a change in billing address or e-mail), (ii) notify BrandBrief in writing if it becomes aware of a potential breach of security, such as the unauthorized disclosure or use of Brand’s username or password, and (iii) notify BrandBrief in writing if its credit card is canceled. Upon termination, suspension or discontinuation of the Marketplace or Brand’s participation therein, all outstanding payment obligations incurred by Brand under the Marketplace will become immediately due and payable.
11.4 If an account is or becomes inactive for 180 days, the balance in the account will begin incurring charges for inactive fees. If charged, this fee is non-refundable. The inactive fee is $25 after 180 days of inactivity, $50 after 210 days of inactivity and the balance remaining in the account, if any, after 240 days of inactivity.
BrandBrief's Refer-An-Influencer program (“RAI Program”) is a Promotional Activity by which you may earn cash if a non-BrandBrief Influencer (New User) you refer becomes a BrandBrief influencer and makes a qualifying sale on the Site. There is no maximum limit to how much you can earn over the lifetime of your participation across all referrals.
To participate, refer influencers who are not current BrandBrief users and who have never made a transaction on the Site by sending them your personal referral link available via the BrandBrief App or on the Site or provided to you as a recipient of an invite-only special offer. For a New User who accesses your Unique Link and, within the following thirty-seven (37) days after making an initial sale on BrandBrief priced at one hundred dollars ($100) or more, provided the post was not cancelled by the brand and remained live for 30 days exactly as it was when it was approved by the brand (“Eligible Offer”), BrandBrief will post to your account money you are eligible to receive.
BrandBrief reserves the right at any time to modify or discontinue the RAI Program, either temporarily or permanently (or any part thereof), with or without notice. BrandBrief will not be liable to you in the event of any modification, suspension or discontinuance of the RAI Program.
14.1 You agree that you shall take all steps necessary to protect your login details (username and password) for the Service and keep them secret. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account.
14.2 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases or sales) and agree to fully compensate us for any losses or harm that may result.
14.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not be able to monitor or control every piece of Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We cannot and do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will BrandBrief be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof. BrandBrief will not be responsible or liable for any use of your Content in accordance with these Terms. You represent and warrant that you have all the intellectual and property rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant BrandBrief a worldwide, non-exclusive, royalty-free license to use, process, transmit, and distribute such Content in association with the marketing and promotion of the BrandBrief Services. We will never license or sublicense your work without your express permission.
BrandBrief gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by BrandBrief as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BrandBrief, in the manner permitted by these Terms.
You acknowledge that:
18.1 - In accessing the Services, you have relied on your own skill and judgment in the use in determining its sufficiency for the use and results which you intend.
18.2 - No promise, representation or warranty has been made by BrandBrief in respect of the profitability, benefits or any other consequence in the use of the Site, or in respect of the suitability of the Site to the operations, business or needs of.
18.3 - The Services are provided "as is," and BrandBrief hereby expressly disclaims any and all warranties of any kind or nature, whether express, implied, or statutory. BrandBrief does not warrant or represent that the Site will be free from bugs or that the use of Site will be uninterrupted or error free, and BrandBrief does not make any other representations regarding the use, or the results of use, of the Site in terms of accuracy, reliability, or otherwise.
18.4 - BrandBrief shall not be liable for any loss of use or goodwill, interruption of business, loss or inaccuracy of business information or data, lost profits, cost of procurement of substitute services, or any indirect, special, incidental, exemplary, or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if it has been advised of the possibility of such damages.
18.5 In no event shall BrandBrief, its agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees be liable to any User of the Site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the Site or any information or images contained thereon or stored or maintained by BrandBrief , whether based on warranty, contract, tort, or otherwise, even if BrandBrief has been advised of or should have known of the possibility of such damages or losses.
18.6 - In no event shall the total liability of BrandBrief, its agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees, for all damages, losses, and causes of action resulting from User’s use of the Site, whether in contract, tort (including, but not limited to negligence) or otherwise, exceed the amount paid to BrandBrief for the applicable license. Without limiting the foregoing, in no event shall BrandBrief, its divisions, agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees, have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any image or data or information contained in a User Account or otherwise stored by or on behalf of BrandBrief.