This Web Site

This Web Site is offered to you conditional upon your acceptance of the following terms and conditions. Visiting, use of and access to this Web Site constitutes your acceptance of the following terms and conditions (the "Terms and Conditions"): YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms and Conditions") AND THE TERMS AND CONDITIONS OF BRANDSPATCH's PRIVACY POLICY WHICH ARE PUBLISHED AT http://www.explainth.at/en/menu/privacy.shtml, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. These Terms and Conditions govern your use of the Website and the Service, including any software that BrandsPatch makes available to users of the Service (the "Software"). These Terms and Conditions apply to all users of the BrandsPatch Website, Service or Software, including users who are also contributors of video content, information, and other materials or services on the Website. If you do not agree to any of these terms, then please do not use the BrandsPatch Website, Service or Software.

External Links and Advertisements

The Web Site may contain hyperlinks to Internet sites and resources operated by third parties. These linked web sites are not under the control of BrandsPatch. BrandsPatch is not responsible for the availability of these outside resources or their contents, nor does it endorse or is it responsible for any of the contents, advertising, products or other material on such sites. BrandsPatch shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, any content, goods or services available on such sites. Any concerns regarding an external link should be directed to its responsible site administrator or webmaster.

The Web Site may also contain third party advertisements embedded with hyperlinks to third party web sites. All such advertisements are paid for by the relevant third party advertiser and are not recommendations or endorsements by BrandsPatch or its affiliates. You should refer to the relevant advertiser for information on its products and/or services.

Restrictions of Use of Materials

No material, including but not limited to all content, text, code, files, graphics, and logos, from the Web Site or any web site owned, operated, licensed or controlled by BrandsPatch may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of BrandsPatch's copyright and other proprietary rights. For purposes of these Terms and Conditions, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from this Web Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by BrandsPatch. BrandsPatch retains full and complete title to the Software, and all other intellectual property rights therein. You may not redistribute, sell, recompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

The trademarks, logos and service marks of BrandsPatch and/or its affiliates are collectively referred to as the "Trademarks," including, but not limited to the ExplainThat! mark. Nothing contained in the Web Site should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any Trademark displayed on the Web Site without the written permission of BrandsPatch.

Licence

Except where otherwise stipulated, BrandsPatch grants a limited, non-exclusive license to use and modify source code examples on this Web Site provided the conditions below are adhered to:

A clearly and prominently displayed permanent link to this Web Site is required in order to display or make available for download both changed and unchanged versions of source code that appear on pages on this Web Site. Such display shall clearly reflect the association between the source code and the link to this Web Site. Except for this display, this License does not grant any rights to the use of the name, logo(s), or trademark(s) of BrandsPatch.

Downloadable source code from this Web Site is generally made available under the terms of the MIT License a copy of which can be found at http://en.wikipedia.org/wiki/MIT_License and in all downloadable archives available from this Web Site.

If distribution is made of any portion of the software and/or source code, such distribution may be done only under this license by including a complete copy of this license with such distribution.

The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

This license is revoked automatically in the event that a licensee contests any of the ownership, intellectual property, or other rights of BrandsPatch, whether such contest is brought through legal action or otherwise.

Use of software and/or source code contained on this Web Site constitutes acceptance of the above license terms as well as all Terms and Conditions provided herein.

Jurisdictional Issues

To the fullest extent permitted by applicable law, BrandsPatch makes no representation that materials in the site are appropriate or available for use in any locations. Those who choose to access this site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disclaimer

THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRANDSPATCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRANDSPATCH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE WEB SITE WILL BE MAINTAINED. BRANDSPATCH DOES NOT WARRANT (WHETHER EXPRESS OR IMPLIED) OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR FITNESS FOR ANY PURPOSE, CORRECTNESS, ACCURACY, PERFORMANCE, MERCHANTABILITY, RELIABILITY OR OTHERWISE. YOU (AND NOT BRANDSPATCH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The user agrees to use such information at his/her own risk and is solely liable for any losses that may arise as a result of using it.

Limitation of Liability

YOU USE THE WEB SITE ENTIRELY AT YOUR OWN RISK. BRANDSPATCH MAKES THE WEB SITE AND ANY INFORMATION AND CONTENT THEREON AVAILABLE "AS IS" WITHOUT ANY EXPRESS WARRANTIES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRANDSPATCH EXCLUDES ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; OR (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF BRANDSPATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU FURTHER AGREE THAT BRANDSPATCH IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OCCURRING ON OR THROUGH THE WEB SITE.

IF YOU ARE DISSATISFIED WITH THE WEB SITE, THE MATERIALS AVAILABLE ON IT, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, TO THE EXTENT THAT ANY WARRANTY OF LIABILITY CANNOT BE EXCLUDED, BRANDSPATCH'S TOTAL LIABILITY IS LIMITED: TO (A) THE SUPPLY AGAIN OF THE SERVICES PROVIDED HEREIN OR (B) PAYMENT OF THE COST OF HAVING SERVICES SUPPLIED AGAIN.

Indemnification

You agree to indemnify, defend and hold harmless BrandsPatch and its parents, subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Web Site, content or messages posted or transmitted by you on or through the Web Site. BrandsPatch reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

Modification of the Web Site

BrandsPatch reserves the right to modify or discontinue the Web Site without prior notice. BrandsPatch shall not be liable to you for any modification to or discontinuation of the Web Site.

Miscellaneous

This agreement, and any disputes arising out of or in connection with this agreement or these Terms of Use, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and BrandsPatch relating to the subject matter herein.

Contacts

• Site Feedback: For suggestions on how we could improve this site.
• Permissions: For permission to reproduce or redistribute content on this site.