Terms of Service

OfficialBrandonJohnson.Com Terms of Service

Welcome to OfficialBrandonJohnson.Com!
Please read this Terms of Use agreement carefully. Your use of the Site (as defined below) constitutes your agreement to this Terms of Use agreement.
1. Your relationship with OfficialBrandonJohnson.Com
1.1 “OfficialBrandonJohnson.Com” means LOL Social Media Group LLC, whose principal place of business is at 3900 Paradise Road Suite 279, Las Vegas, NV 89169, United States. We provide site users access to content and services related to us, including music, images, forums, games, fan clubs, text, products, software, data and other content (referred collectively as the “Services”). Your use of the Site is subject to the terms of a legal agreement between you and OfficialBrandonJohnson.Com, regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise). This Agreement is between you and us. This document explains how the agreement is made up, and sets out some of the terms of that agreement. Throughout this document OfficialBrandonJohnson.com will be referred to as “This Website.”
1.1.1 The name and trademark OfficialBrandonJohnson.com is under trademark processing No.185143391. Any unauthorized use of the name OfficialBrandonJohnson.com, including slight alterations could result in a lawsuit.
1.2 Unless otherwise agreed in writing with This Website, your agreement with This Website will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with This Website will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and This Website in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You accept the Terms by using the Services and you understand and agree that This Website will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if:
(a) You are not of legal age to enter into this Agreement and, if you are not, that you have not obtained parental or guardian consent to enter into this Agreement; or
(b) You are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 This Website has provided you with an English language version of the Terms only. No translation is provided or accepted. The English language version of the Terms will govern your relationship with This Website.
3.2 If there is any contradiction or, change in the meaning, between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by This Website
4.1 This Website has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of This Website itself. You understand, acknowledge and agree that any and all Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 This Website is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which This Website provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that This Website may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at This Website’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform This Website when you stop using the Services.
4.4 You acknowledge and agree that if This Website disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while This Website may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by This Website at any time, at This Website’s discretion.
5. Use of the Services by you and Rules of Conduct
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to This Website will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by This Website, unless you have been specifically allowed to do so in a separate agreement with This Website. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with This Website, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 Unless you have been specifically permitted to do so in a separate agreement with This Website, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site’s design, content, data, text, logos, photos, videos, posts, sound, graphics, art, or any likeness thereof.
5.7 You agree that you are solely responsible for (and that This Website has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which This Website may suffer) of any such breach.
5.8 We may terminate your use of the Site for any reason without notice.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to This Website for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify This Website immediately at [email protected]
6.4 You may need to register to use certain parts of the Site, including certain fan club-related functionality and areas that we may make available via the Site. We may require that you pay a fee in connection with any such registration. Your ability to access and use certain parts of the Site for which you register may be limited to the applicable period that you select when you register for such use and/or access. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
7. Privacy and your personal information
7.1 While we try to maintain the security of the Site, we do not guarantee that the Site or any Third Party Applications will be secure or that any use of the Site or any Third Party Applications will be uninterrupted. Additionally, any third parties are allowed to make unauthorized alterations to the Site or any Third Party Applications. This Website does not and cannot guarantee complete data protection. This Website’s privacy policy only attempts to protect personal information, and your privacy, when you use the Services.
7.2 You agree and accept the use of your data in accordance with This Website’s privacy policy.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the Client, the Company, the sponsors or advertisers who provide that Content to This Website (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by This Website or by the owners of that Content, in a separate agreement.
8.3 This Website reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that This Website has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which This Website may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that This Website (or This Website’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by This Website and that you shall not disclose such information without This Website’s prior written consent.
9.2 Unless you have agreed otherwise in writing with This Website, nothing in the Terms gives you a right to use any of This Website’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with This Website, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and This Website’s brand feature use guidelines.
9.4 This Website acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with This Website, you agree that you are responsible for protecting and enforcing those rights and that This Website has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by This Website, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License Grant from and for This Website
10.1 This Website offers you a personal, international, royalty-free, non-assignable and non-exclusive license to use the software provided to you by This Website as part of the Services as provided to you by This Website (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by This Website, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by This Website, in writing.
10.3 Unless This Website has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10.4 For each Submission that you post, you hereby grant to us and our respective affiliates (including without limitation, with respect to our other Affiliates a world-wide, royalty free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license), without additional consideration to you or any third party, to:
(a) Reproduce, distribute, transmit, communicate to the public, perform and display (publicly or otherwise), edit, modify, adapt, create derivative works from and otherwise use such Submission, in any format or media now known or hereafter developed, on or in connection with the Site or any of our (or our Affiliates’) similar services or products (e.g., any web sites, and any desktop, mobile or other applications, widgets or APIs) (such services or products, collectively, the “Site-Related Services”);
(b) Exercise all trademark, publicity and other proprietary rights with regard to such Submission;
(c) Use your name, likeness, photograph, portrait, picture, voice, music, and biographical information as provided by you in connection with your Submission for any promotional purposes related to the Site or the Site-Related Services, in each case, in connection with your Submission; and
(d) Use your Submission, of any sort, (including the contents thereof) for any promotional purposes related to the Site, the Site-Related Services, and Artists. For the purpose of clarification, nothing in this Agreement shall be deemed to authorize you to incorporate into any Submission any content or material owned by us, our Affiliates or any recording artists affiliated with our Affiliates (“Artists”), directors, officers, employees, agents and representatives (“Representatives”) and licensors and service providers (collectively, “Providers”). IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION 10.4, PLEASE DO NOT POST ANY SUBMISSIONS ON THE SITE.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give This Website a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling This Website to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for This Website to make such Content available to other companies, organizations or individuals with whom This Website has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that This Website, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit This Website to take these actions.
11.4 You confirm and warrant to This Website that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 The Software that you are given the option to use may automatically download and install updates as This Website sees fit. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit This Website to deliver these to you) as part of your use of the Services.
13. Purchases
13.2 If you wish to purchase any Products made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information in connection with such Transaction, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address, and your shipping information. By initiating a transaction, you represent and warrant that you:
(a) Are eighteen (18) years of age or older and,
(b) Have the legal right to use the payment means selected by you.
13.3 By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Information verification may be required prior to the acknowledgment or completion of any Transaction.
13.4 We reserve the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product. Except to the extent that applicable law provides otherwise, your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of such Product or a refund of the purchase price paid for such Product, as determined by us in our sole discretion.
14. Ending your relationship with This Website
14.1 The Terms will continue to apply until terminated by either you or This Website as set out below.
14.2 If you want to terminate your legal agreement with This Website, you may do so by (a) notifying This Website at any time and (b) closing your accounts for all of the Services which you use, where This Website has made this option available to you, and you agree not to use the Services of This Website. Your notice should be sent, in writing, to This Website’s address as defined in paragraph 1.1 at the beginning of these Terms.
14.3 This Website may, at any time, terminate its legal agreement with you for any reason.
14.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and This Website have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions shall continue to apply to such rights, obligations and liabilities indefinitely.
15. Exclusion of Warranties
15.1 Nothing in these terms shall exclude or limit This Website’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions and areas do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
15.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.”
15.3 in particular, This Website, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
(a) Your use of the services will meet your requirements,
(b) Your use of the services will be uninterrupted, timely, secure or free from error,
(c) Any information obtained by you as a result of your use of the services will be accurate or reliable, and
(d) Any imperfections or errors in the functionality or operation of any software provided to you as part of the services will be corrected.
15.4 any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
15.5 No advice or information, whether oral or written, obtained by you from This Website or through or from the services shall create any warranty not expressly stated in the terms.
15.6 This Website further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
16. Limitation of liability
16.1 subject to overall provision in paragraph 14.1 above, you expressly understand and agree that This Website, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(a) any intentional, unintentional, direct, indirect, special consequential incidental or exemplary damages which may be incurred by you, however caused and under any theory of liability. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) Any changes which This Website may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(iii) Your failure to provide This Website with accurate account information;
(iv) Your failure to keep your password or account details secure and confidential;
16.2 the limitations on This Website’s liability to you in paragraph 15.1 above shall apply whether or not This Website has been advised of or should have been aware of the possibility of any such losses arising.
17. Copyright and trade mark policies
17.1 It is This Website’s policy to reply to any notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
18. Advertisements
18.1 Some of the Services offered by This Website are supported by advertising revenue. This Website may display advertisements and promotions. These advertisements may be targeted to This Website’s viewers, to the content of information stored on the Services, queries made through the Services or any other information.
18.2 The manner, mode and extent of advertising by, on, and for This Website are subject to change without specific notice to you.
18.3 You agree that This Website may place such advertising wherever they choose, and as frequently as they wish.
19. Other content
19.1 The Services may include hyperlinks to other web sites or content or resources. This Website may have no control over any web sites or resources which are provided by companies or persons other than This Website.
19.2 You acknowledge and agree that This Website is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
19.3 You acknowledge and agree that This Website is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
20. Changes to the Terms
20.1 This Website may make changes to the Universal Terms or Additional Terms from time to time, without notice to you. When these changes are made, This Website will make a new copy of the Universal Terms and any new Additional Terms. These may not be immediately available to you from within, or through, the affected Services. For current Universal Terms and any new Additional Terms, you can notify [email protected]
20.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, This Website will treat your use as acceptance of the updated Universal Terms or Additional Terms, even if they have not been made available to you.
21. General legal terms
21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
21.2 The Terms constitute the whole legal agreement between you and This Website and govern your use of the Services (but excluding any services which This Website may provide to you under a separate written agreement), and completely replace any prior agreements between you and This Website in relation to the Services.
21.3 You agree that This Website may, but is not required to, provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
21.4 You agree that if This Website does not exercise or enforce any legal right or remedy which is contained in the Terms (or which This Website has the benefit of under any applicable law), this will not be taken to be a formal waiver of This Website’s rights and that those rights or remedies will still be available to This Website.
21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, or found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. The remaining provisions of the Terms will continue to be valid and enforceable.
21.6 This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.
21.7 You acknowledge and agree that each member of the group of companies of which This Website is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
21.8 The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site does not guarantee that it is in any way appropriate or available for use in jurisdictions outside of the United States.
21.9 The Terms, and your relationship with This Website under the Terms, shall be governed by the laws of the State of Nevada without regard to its conflict of laws provisions. You and This Website agree to submit to the exclusive jurisdiction of the courts located within the county of Clark, Nevada to resolve any legal matter arising from the Terms. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. Notwithstanding this, you understand and agree that This Website shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
22. Waiver, Further Assurances, and Indemnity
22.1 To the extent permitted under applicable law, you agree to forever release, discharge and waive all claims against us, our Affiliates and our and their respective Artists, Representatives and Providers from, and covenant not to initiate, file, maintain, or proceed upon any suit, claim, demand, or cause of action against us, our Affiliates and our and their respective Artists, Representatives and Providers with respect to, any and all claims, demands, actions, losses, costs, damages, liabilities, judgments, settlements and expenses (including, without limitation, reasonable attorneys’ fees) that relate in any way to this Agreement and/or the use of any Submission in a manner consistent with the rights granted under this Agreement, including, without limitation, any claim for idea misappropriation.
22.2 Additionally, to the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern “moral rights” or “droit moral,” or similar rights, in connection with any Submission that you post (and you hereby represent and warrant that you have obtained clear, express written waivers from any applicable third parties with respect to any and all rights that such third parties may have under such laws in connection with any Submission that you post).
22.3 Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information about the providers of these protections is available at: http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at these sites.
23. Contact Us
23.1 If you have any questions regarding the meaning or application of this Agreement, please direct such questions [email protected] E-mail communications are not always secure, so please do not include credit card information or other sensitive information in any e-mail to us.
Latest Revision Date: August 9, 2011