portal.bsagateway.co Open in urlscan Pro
2600:9000:223e:8400:17:bcc3:d00:93a1  Public Scan

Submitted URL: http://portal.bsagateway.co/
Effective URL: https://portal.bsagateway.co/
Submission: On May 24 via manual from GB — Scanned from GB

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    <div class="word-section1">
      <p class="mso-normal"><b>Brand Safety Alliance Gateway Universal Terms of Service</b></p>
      <p class="mso-normal">Last Revised: 3/31/2023</p>
      <p class="mso-normal"><b>PLEASE READ THIS REGISTRY LEGAL NOTICE CAREFULLY, AS IT
CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.</b></p>
      <p class="mso-normal">This Brand Safety Alliance Gateway ("BSA Gateway") Universal Terms of Use (this "Agreement") is entered into by and between Brand Safety Alliance LLC, a GoDaddy Registry Delaware limited liability company or its affiliates
        ("Brand Safety Alliance") and you, and is made effective as of the date of your use of the BSA Gateway ("BSA Gateway"). This Agreement sets forth the general terms and conditions of your use of the BSA Gateway. Additional services agreements
        and policies, including the&nbsp;<a href="https://registry.godaddy/legal/privacy-policy">Privacy Policy</a>, apply to certain Services and are in addition to (not in lieu of) this Agreement. If you do not agree to this Agreement, please
        discontinue use and do not access the BSA Gateway. These terms constitute the entire agreement between you and Brand Safety Alliance with respect to access to, and use of, the BSA Gateway.</p>
      <p class="mso-normal">The terms "we", "us" or "our" shall refer to Brand Safety Alliance. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the
        Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.</p>
      <p class="mso-normal"><b>Intellectual Property Rights.</b>&nbsp;All content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state,
        national, and international laws and regulations. Brand Safety Alliance does not grant any express or implied rights to the user under any patent, copyright, trademark, or trade secret information. The content from this BSA Gateway may not be
        reproduced or transmitted in any form or by any means, electronic or mechanical, including facsimile transmission, photocopying, recording, or use of information storage or retrieval systems, without express written permission from the
        copyright owner. Accordingly, any unauthorized use of the BSA Gateway or the content may violate copyright laws, trademark laws, trade secret laws, or laws relating to privacy and publicity.</p>
      <p class="mso-normal">Except for Visitor Content, the content on this BSA Gateway, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks,
        service marks and logos contained therein ("Brand Safety Alliance Content"), are owned by or licensed to Brand Safety Alliance in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign
        countries, and other intellectual property rights under United States and foreign laws. Brand Safety Alliance Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only
        and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Brand Safety Alliance. No right or
        license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Brand Safety Alliance reserves all rights not expressly granted in and to the Brand Safety Alliance Content, this BSA Gateway,
        and this Agreement do not transfer ownership of any of these rights.</p>
      <p class="mso-normal"><b>General Rules of Conduct.</b>&nbsp;You acknowledge and agree that:</p>
      <ol style="margin-top:0cm" start="1" type="1">
        <li class="mso-normal">Your use of this BSA Gateway, including any content you submit, will comply with this Agreement, any applicable services agreement or policy that may apply and all applicable local, state, national and international
          laws, rules and regulations.</li>
        <li class="mso-normal">You are and shall remain solely responsible for the content of any materials, including creative suggestions, ideas, notes, drawings, photographs, concepts or other information or communications, including any data,
          questions, comments, suggestions, or the like (collectively the "Visitor Content") you transmit to Brand Safety Alliance via electronic mail or otherwise.</li>
        <li class="mso-normal">You agree that all Visitor Content you submit to Brand Safety Alliance is owned by you, and you hereby grant to Brand Safety Alliance the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license
          to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Visitor Content and to incorporate any Visitor Content in other works in any form, media, or technology now known or later
          developed, with no obligation to pay you any consideration. Brand Safety Alliance will not be required to treat any Visitor Content as confidential, and Brand Safety Alliance may use Visitor Content in its business (including, without
          limitation, for products) without incurring any liability for royalties or any other consideration of any kind or as a result of any similarities that may appear in Brand Safety Alliance's future operations. Visitor Content does not include
          any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information, all of which is subject to the privacy standards set forth in our Privacy Policy, which is expressly
          incorporated into these Terms of Service. Brand Safety Alliance reserves the right to remove any content submitted to the BSA Gateway at any time for any reason.</li>
        <li class="mso-normal">You will not collect or harvest (or permit anyone else to collect or harvest) any Visitor Content (as defined below) or any non-public or personally identifiable information about another user or any other person or
          entity without their express prior written consent.</li>
        <li class="mso-normal">You will not use this BSA Gateway in a manner (as determined by Brand Safety Alliance in its sole and absolute discretion) that:</li>
        <ol style="margin-top:0cm" start="1" type="a">
          <li class="mso-normal">Infringes on the intellectual property rights of another user or any other person or entity;</li>
          <li class="mso-normal">Violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another user or any other person or entity;</li>
          <li class="mso-normal">Interferes with the operation of this BSA Gateway;</li>
          <li class="mso-normal">Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or</li>
          <li class="mso-normal">Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Brand Safety Alliance or Brand Safety Alliance's Services.</li>
        </ol>
        <li class="mso-normal">You will not copy or distribute in any medium any part of this BSA Gateway or the Services, except where expressly authorized by Brand Safety Alliance.</li>
        <li class="mso-normal">You will not modify or alter any part of this BSA Gateway or the Services found at this BSA Gateway or any of its related technologies.</li>
        <li class="mso-normal">You will not to circumvent, disable or otherwise interfere with the security-related features of this BSA Gateway (including without limitation those features that prevent or restrict use or copying of any Brand Safety
          Alliance Content or Visitor Content) or enforce limitations on the use of this BSA Gateway, the Brand Safety Alliance Content or the Visitor Content therein.</li>
        <li class="mso-normal">You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.</li>
        <li class="mso-normal">Without limiting any of the rights set forth elsewhere in this Agreement, Brand Safety Alliance expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this BSA Gateway (including but
          not limited to the right to cancel or transfer any domain name registration) to any user (i) whose Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Brand Safety Alliance policy,
          or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the BSA Gateway (as determined by Brand Safety Alliance in its sole and absolute discretion).</li>
      </ol>
      <p class="mso-normal"><b>User Responsibility.</b>&nbsp;The user assumes all responsibility for use of the Brand Safety Alliance BSA Gateway. The user waives all claims against Brand Safety Alliance and its affiliates, as well as their
        respective officers, directors, employees, suppliers, and agents that may arise from the use of the Brand Safety Alliance BSA Gateway.</p>
      <p class="mso-normal"><b>Availability of Websites/Services.</b>&nbsp;Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this BSA
        Gateway on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this BSA Gateway may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions;
        periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or
        digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this BSA Gateway on a continuous or uninterrupted basis, and that we assume
        no liability to you or any other party with regard thereto.</p>
      <p class="mso-normal"><b>Links to Third-Party Websites or Content.</b>&nbsp;This BSA Gateway may contain links to third-party websites that are not owned or controlled by Brand Safety Alliance. Brand Safety Alliance assumes no responsibility
        for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Brand Safety Alliance does not censor or edit the content of any third-party websites. By using this BSA Gateway, you expressly
        release Brand Safety Alliance from any and all liability arising from your use of any third-party website. Accordingly, Brand Safety Alliance encourages you to be aware when you leave this BSA Gateway and to review the terms and conditions,
        privacy policies, and other governing documents of each other website that you may visit. Brand Safety Alliance has used reasonable efforts to verify that the URLs referring to external BSA Gateways are correct as of the last revision of the
        Brand Safety Alliance BSA Gateway.</p>
      <p class="mso-normal"><b>Monitoring of Content; Termination Policy.</b>&nbsp;Brand Safety Alliance generally does not pre-screen Visitor Content. However, Brand Safety Alliance reserves the right (but undertakes no duty) to do so and decide
        whether any item of Visitor Content is appropriate and/or complies with this Agreement. Brand Safety Alliance may remove any item Visitor Content and/or terminate a User's access to this BSA Gateway for posting or publishing any material in
        violation of this Agreement, or for otherwise violating this Agreement (as determined by Brand Safety Alliance in its sole and absolute discretion), at any time and without prior notice. Brand Safety Alliance may also terminate a User's
        access to this BSA Gateway if Brand Safety Alliance has reason to believe the User is a repeat offender. If Brand Safety Alliance terminates your access to this BSA Gateway, Brand Safety Alliance may, in its sole and absolute discretion,
        remove and destroy any data and files stored by you on its servers.</p>
      <p class="mso-normal"><b>Disclaimer of Representations and Warranties.</b>&nbsp;YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF BSA GATEWAY SHALL BE AT YOUR OWN RISK AND THAT THE BSA GATEWAY IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH
        ALL FAULTS". BRAND SAFETY ALLIANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE,
        MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRAND SAFETY ALLIANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF BSA
        GATEWAY, AND/OR (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO BSA GATEWAY, AND BRAND SAFETY ALLIANCE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.</p>
      <p class="mso-normal">IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY BRAND SAFETY ALLIANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL
        CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO BSA GATEWAY, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION
        OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF BSA GATEWAY.</p>
      <p class="mso-normal"><b>Indemnity.</b>&nbsp;You agree to protect, defend, indemnify and hold harmless Brand Safety Alliance and its officers, directors, employees, agents, and third party service providers from and against any and all claims,
        demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by Brand Safety Alliance directly or indirectly arising from (i) your use
        of and access to this BSA Gateway; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any
        intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the BSA Gateway.</p>
      <p class="mso-normal"><b>Limitation of Liability.</b>&nbsp;IN NO EVENT SHALL BRAND SAFETY ALLIANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
        DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF BSA GATEWAY, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES
        LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE BSA GATEWAY, (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (IV) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (V) ANY INTERRUPTION OR CESSATION OF
        SERVICES TO OR FROM THE BSA GATEWAY OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE BSA GATEWAY, (VI) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE BSA GATEWAY
        OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE BSA GATEWAY, (VII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE
        OR OTHERWISE OBJECTIONABLE, AND/OR (VIII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE BSA GATEWAY OR THE SERVICES FOUND AT THE BSA GATEWAY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE
        THEORY, AND WHETHER OR NOT BRAND SAFETY ALLIANCE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL BRAND SAFETY ALLIANCE'S TOTAL AGGREGATE LIABILITY EXCEED $100.00 U.S.
        DOLLARS.</p>
      <p class="mso-normal">THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE BSA GATEWAY.</p>
      <p class="mso-normal"><b>Compliance with Local Laws.</b>&nbsp;Brand Safety Alliance makes no representation or warranty that the content available on this BSA Gateway is appropriate in every country or jurisdiction, and access to this BSA
        Gateway from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this BSA Gateway are responsible for compliance with all local laws, rules and regulations. You may not use this BSA Gateway for
        any unlawful purpose or activity. Brand Safety Alliance reserves the right to investigate complaints or reported violation of this Agreement and to take any action Brand Safety Alliance deems appropriate.</p>
      <p class="mso-normal"><b>Remedies for Violations.</b>&nbsp;Brand Safety Alliance reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including, but not limited to, the right to block
        access from a particular internet address to the Brand Safety Alliance BSA Gateways and their features.</p>
      <p class="mso-normal"><b>Privacy.</b>&nbsp;Your use of the BSA Gateway is subject to Brand Safety Alliance's BSA Gateway Privacy Policy.</p>
      <p class="mso-normal"><b>Successors and Assigns.</b>&nbsp;This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.</p>
      <p class="mso-normal"><b>No Third-Party Beneficiaries.</b>&nbsp;Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.</p>
      <p class="mso-normal"><b>Titles and Headings; Independent Covenants; Severability.</b>&nbsp;The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret
        the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds
        any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be
        valid and enforceable to the fullest extent permitted by law.</p>
      <p class="mso-normal"><b>Modifications of Agreement or BSA Gateway.</b>&nbsp;Brand Safety Alliance may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any
        time, and such changes or modifications shall be effective immediately upon posting to this BSA Gateway. Your use of this BSA Gateway after such changes or modifications have been made shall constitute your acceptance of this Agreement as
        last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this BSA Gateway. You are responsible for regularly reviewing this Agreement. BRAND SAFETY ALLIANCE RESERVES THE RIGHT TO MODIFY,
        CHANGE, OR DISCONTINUE ANY ASPECT OF THE BSA GATEWAY AT ANY TIME.</p>
      <p class="mso-normal"><b>English Language Controls.</b>&nbsp;This Agreement, along with all policies and any applicable services agreements identified above and incorporated herein by reference (collectively, the "Agreement"), is executed in
        the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version
        will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both
        language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been
        fully taken into consideration.</p>
      <p class="mso-normal"><b>Contact Information.</b>&nbsp;If you have any questions about this Agreement, please contact us by email or regular mail at the following addresses:</p>
      <p class="mso-normal">Legal Department<br> GoDaddy Registry<br> 2155 E. GoDaddy Way<br> Tempe, AZ 85284 USA<br> legal@registry.godaddy</p>
      <p class="mso-normal">Copyright © 2023 Brand Safety Alliance LLC. All Rights Reserved.&nbsp;</p>
      <p class="mso-normal">&nbsp;</p>
      <p class="mso-normal">&nbsp;</p>
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Terms and Conditions

Brand Safety Alliance Gateway Universal Terms of Service

Last Revised: 3/31/2023

PLEASE READ THIS REGISTRY LEGAL NOTICE CAREFULLY, AS IT CONTAINS IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

This Brand Safety Alliance Gateway ("BSA Gateway") Universal Terms of Use (this
"Agreement") is entered into by and between Brand Safety Alliance LLC, a GoDaddy
Registry Delaware limited liability company or its affiliates ("Brand Safety
Alliance") and you, and is made effective as of the date of your use of the BSA
Gateway ("BSA Gateway"). This Agreement sets forth the general terms and
conditions of your use of the BSA Gateway. Additional services agreements and
policies, including the Privacy Policy, apply to certain Services and are in
addition to (not in lieu of) this Agreement. If you do not agree to this
Agreement, please discontinue use and do not access the BSA Gateway. These terms
constitute the entire agreement between you and Brand Safety Alliance with
respect to access to, and use of, the BSA Gateway.

The terms "we", "us" or "our" shall refer to Brand Safety Alliance. The terms
"you", "your", "User" or "customer" shall refer to any individual or entity who
accepts this Agreement, has access to your account or uses the Services. Nothing
in this Agreement shall be deemed to confer any third-party rights or benefits.

Intellectual Property Rights. All content, unless otherwise indicated, is
protected by law including, but not limited to, United States copyright, trade
secret, and trademark law, as well as other state, national, and international
laws and regulations. Brand Safety Alliance does not grant any express or
implied rights to the user under any patent, copyright, trademark, or trade
secret information. The content from this BSA Gateway may not be reproduced or
transmitted in any form or by any means, electronic or mechanical, including
facsimile transmission, photocopying, recording, or use of information storage
or retrieval systems, without express written permission from the copyright
owner. Accordingly, any unauthorized use of the BSA Gateway or the content may
violate copyright laws, trademark laws, trade secret laws, or laws relating to
privacy and publicity.

Except for Visitor Content, the content on this BSA Gateway, including without
limitation the text, software, scripts, source code, API, graphics, photos,
sounds, music, videos and interactive features and the trademarks, service marks
and logos contained therein ("Brand Safety Alliance Content"), are owned by or
licensed to Brand Safety Alliance in perpetuity, and are subject to copyright,
trademark, and/or patent protection in the United States and foreign countries,
and other intellectual property rights under United States and foreign laws.
Brand Safety Alliance Content is provided to you "as is", "as available" and
"with all faults" for your information and personal, non-commercial use only and
may not be downloaded, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any purposes whatsoever
without the express prior written consent of Brand Safety Alliance. No right or
license under any copyright, trademark, patent, or other proprietary right or
license is granted by this Agreement. Brand Safety Alliance reserves all rights
not expressly granted in and to the Brand Safety Alliance Content, this BSA
Gateway, and this Agreement do not transfer ownership of any of these rights.

General Rules of Conduct. You acknowledge and agree that:

 1.  Your use of this BSA Gateway, including any content you submit, will comply
     with this Agreement, any applicable services agreement or policy that may
     apply and all applicable local, state, national and international laws,
     rules and regulations.
 2.  You are and shall remain solely responsible for the content of any
     materials, including creative suggestions, ideas, notes, drawings,
     photographs, concepts or other information or communications, including any
     data, questions, comments, suggestions, or the like (collectively the
     "Visitor Content") you transmit to Brand Safety Alliance via electronic
     mail or otherwise.
 3.  You agree that all Visitor Content you submit to Brand Safety Alliance is
     owned by you, and you hereby grant to Brand Safety Alliance the
     royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and
     license to use, reproduce, modify, adapt, publish, translate, create
     derivative works from, distribute, perform, and display Visitor Content and
     to incorporate any Visitor Content in other works in any form, media, or
     technology now known or later developed, with no obligation to pay you any
     consideration. Brand Safety Alliance will not be required to treat any
     Visitor Content as confidential, and Brand Safety Alliance may use Visitor
     Content in its business (including, without limitation, for products)
     without incurring any liability for royalties or any other consideration of
     any kind or as a result of any similarities that may appear in Brand Safety
     Alliance's future operations. Visitor Content does not include any
     personally identifiable information, such as your name, e-mail address,
     physical address, phone number(s), and credit card information, all of
     which is subject to the privacy standards set forth in our Privacy Policy,
     which is expressly incorporated into these Terms of Service. Brand Safety
     Alliance reserves the right to remove any content submitted to the BSA
     Gateway at any time for any reason.
 4.  You will not collect or harvest (or permit anyone else to collect or
     harvest) any Visitor Content (as defined below) or any non-public or
     personally identifiable information about another user or any other person
     or entity without their express prior written consent.
 5.  You will not use this BSA Gateway in a manner (as determined by Brand
     Safety Alliance in its sole and absolute discretion) that:
      a. Infringes on the intellectual property rights of another user or any
         other person or entity;
      b. Violates the privacy or publicity rights of another user or any other
         person or entity, or breaches any duty of confidentiality that you owe
         to another user or any other person or entity;
      c. Interferes with the operation of this BSA Gateway;
      d. Contains or installs any viruses, worms, bugs, Trojan horses or other
         code, files or programs designed to, or capable of, disrupting,
         damaging or limiting the functionality of any software or hardware; or
      e. Contains false or deceptive language, or unsubstantiated or comparative
         claims, regarding Brand Safety Alliance or Brand Safety Alliance's
         Services.

 6.  You will not copy or distribute in any medium any part of this BSA Gateway
     or the Services, except where expressly authorized by Brand Safety
     Alliance.
 7.  You will not modify or alter any part of this BSA Gateway or the Services
     found at this BSA Gateway or any of its related technologies.
 8.  You will not to circumvent, disable or otherwise interfere with the
     security-related features of this BSA Gateway (including without limitation
     those features that prevent or restrict use or copying of any Brand Safety
     Alliance Content or Visitor Content) or enforce limitations on the use of
     this BSA Gateway, the Brand Safety Alliance Content or the Visitor Content
     therein.
 9.  You agree to provide government-issued photo identification and/or
     government-issued business identification as required for verification of
     identity when requested.
 10. Without limiting any of the rights set forth elsewhere in this Agreement,
     Brand Safety Alliance expressly reserves the right to deny, cancel,
     terminate, suspend, or limit future access to this BSA Gateway (including
     but not limited to the right to cancel or transfer any domain name
     registration) to any user (i) whose Services were previously terminated or
     suspended, whether due to breach of this or any other Agreement or any
     Brand Safety Alliance policy, or (ii) who otherwise engages or has engaged
     in inappropriate or unlawful activity while utilizing the BSA Gateway (as
     determined by Brand Safety Alliance in its sole and absolute discretion).

User Responsibility. The user assumes all responsibility for use of the Brand
Safety Alliance BSA Gateway. The user waives all claims against Brand Safety
Alliance and its affiliates, as well as their respective officers, directors,
employees, suppliers, and agents that may arise from the use of the Brand Safety
Alliance BSA Gateway.

Availability of Websites/Services. Subject to the terms and conditions of this
Agreement and our other policies and procedures, we shall use commercially
reasonable efforts to attempt to provide this BSA Gateway on a twenty-four (24)
hours a day, seven (7) days a week basis. You acknowledge and agree that from
time to time this BSA Gateway may be inaccessible or inoperable for any reason
including, but not limited to, equipment malfunctions; periodic maintenance,
repairs or replacements that we undertake from time to time; or causes beyond
our reasonable control or that are not reasonably foreseeable including, but not
limited to, interruption or failure of telecommunication or digital transmission
links, hostile network attacks, network congestion or other failures. You
acknowledge and agree that we have no control over the availability of this BSA
Gateway on a continuous or uninterrupted basis, and that we assume no liability
to you or any other party with regard thereto.

Links to Third-Party Websites or Content. This BSA Gateway may contain links to
third-party websites that are not owned or controlled by Brand Safety Alliance.
Brand Safety Alliance assumes no responsibility for the content, terms and
conditions, privacy policies, or practices of any third-party websites. In
addition, Brand Safety Alliance does not censor or edit the content of any
third-party websites. By using this BSA Gateway, you expressly release Brand
Safety Alliance from any and all liability arising from your use of any
third-party website. Accordingly, Brand Safety Alliance encourages you to be
aware when you leave this BSA Gateway and to review the terms and conditions,
privacy policies, and other governing documents of each other website that you
may visit. Brand Safety Alliance has used reasonable efforts to verify that the
URLs referring to external BSA Gateways are correct as of the last revision of
the Brand Safety Alliance BSA Gateway.

Monitoring of Content; Termination Policy. Brand Safety Alliance generally does
not pre-screen Visitor Content. However, Brand Safety Alliance reserves the
right (but undertakes no duty) to do so and decide whether any item of Visitor
Content is appropriate and/or complies with this Agreement. Brand Safety
Alliance may remove any item Visitor Content and/or terminate a User's access to
this BSA Gateway for posting or publishing any material in violation of this
Agreement, or for otherwise violating this Agreement (as determined by Brand
Safety Alliance in its sole and absolute discretion), at any time and without
prior notice. Brand Safety Alliance may also terminate a User's access to this
BSA Gateway if Brand Safety Alliance has reason to believe the User is a repeat
offender. If Brand Safety Alliance terminates your access to this BSA Gateway,
Brand Safety Alliance may, in its sole and absolute discretion, remove and
destroy any data and files stored by you on its servers.

Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND
AGREE THAT YOUR USE OF BSA GATEWAY SHALL BE AT YOUR OWN RISK AND THAT THE BSA
GATEWAY IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". BRAND SAFETY
ALLIANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY
SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRAND SAFETY ALLIANCE,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF BSA GATEWAY,
AND/OR (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO BSA GATEWAY, AND BRAND SAFETY
ALLIANCE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY BRAND SAFETY ALLIANCE, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR
CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I)
CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH
RESPECT TO BSA GATEWAY, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR
ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR
EXPIRATION OF THIS AGREEMENT OR YOUR USE OF BSA GATEWAY.

Indemnity. You agree to protect, defend, indemnify and hold harmless Brand
Safety Alliance and its officers, directors, employees, agents, and third party
service providers from and against any and all claims, demands, costs, expenses,
losses, liabilities and damages of every kind and nature (including, without
limitation, reasonable attorneys' fees) imposed upon or incurred by Brand Safety
Alliance directly or indirectly arising from (i) your use of and access to this
BSA Gateway; (ii) your violation of any provision of this Agreement or the
policies or agreements which are incorporated herein; and/or (iii) your
violation of any third-party right, including without limitation any
intellectual property or other proprietary right. The indemnification
obligations under this section shall survive any termination or expiration of
this Agreement or your use of the BSA Gateway.

Limitation of Liability. IN NO EVENT SHALL BRAND SAFETY ALLIANCE, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE
TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY
RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF BSA GATEWAY, (II) THE
ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THE BSA GATEWAY, (III) PERSONAL INJURY OR
PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (IV) THIRD-PARTY CONDUCT OF ANY NATURE
WHATSOEVER, (V) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THE BSA
GATEWAY OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THE BSA GATEWAY, (VI) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR
THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE BSA GATEWAY OR ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE BSA GATEWAY,
(VII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE,
HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR
OTHERWISE OBJECTIONABLE, AND/OR (VIII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF YOUR USE OF THE BSA GATEWAY OR THE SERVICES FOUND AT THE BSA
GATEWAY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR
EQUITABLE THEORY, AND WHETHER OR NOT BRAND SAFETY ALLIANCE IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT IN NO EVENT SHALL BRAND SAFETY ALLIANCE'S TOTAL AGGREGATE LIABILITY EXCEED
$100.00 U.S. DOLLARS.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS
AGREEMENT OR YOUR USE OF THE BSA GATEWAY.

Compliance with Local Laws. Brand Safety Alliance makes no representation or
warranty that the content available on this BSA Gateway is appropriate in every
country or jurisdiction, and access to this BSA Gateway from countries or
jurisdictions where its content is illegal is prohibited. Users who choose to
access this BSA Gateway are responsible for compliance with all local laws,
rules and regulations. You may not use this BSA Gateway for any unlawful purpose
or activity. Brand Safety Alliance reserves the right to investigate complaints
or reported violation of this Agreement and to take any action Brand Safety
Alliance deems appropriate.

Remedies for Violations. Brand Safety Alliance reserves the right to seek all
remedies available at law and in equity for violations of these Terms of Use,
including, but not limited to, the right to block access from a particular
internet address to the Brand Safety Alliance BSA Gateways and their features.

Privacy. Your use of the BSA Gateway is subject to Brand Safety Alliance's BSA
Gateway Privacy Policy.

Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, successors and
assigns.

No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to
confer any third-party rights or benefits.

Titles and Headings; Independent Covenants; Severability. The titles and
headings of this Agreement are for convenience and ease of reference only and
shall not be utilized in any way to construe or interpret the agreement of the
parties as otherwise set forth herein. Each covenant and agreement in this
Agreement shall be construed for all purposes to be a separate and independent
covenant or agreement. If a court of competent jurisdiction holds any provision
(or portion of a provision) of this Agreement to be illegal, invalid, or
otherwise unenforceable, the remaining provisions (or portions of provisions) of
this Agreement shall not be affected thereby and shall be found to be valid and
enforceable to the fullest extent permitted by law.

Modifications of Agreement or BSA Gateway. Brand Safety Alliance may, in its
sole and absolute discretion, change or modify this Agreement, and any policies
or agreements which are incorporated herein, at any time, and such changes or
modifications shall be effective immediately upon posting to this BSA Gateway.
Your use of this BSA Gateway after such changes or modifications have been made
shall constitute your acceptance of this Agreement as last revised. If you do
not agree to be bound by this Agreement as last revised, do not use (or continue
to use) this BSA Gateway. You are responsible for regularly reviewing this
Agreement. BRAND SAFETY ALLIANCE RESERVES THE RIGHT TO MODIFY, CHANGE, OR
DISCONTINUE ANY ASPECT OF THE BSA GATEWAY AT ANY TIME.

English Language Controls. This Agreement, along with all policies and any
applicable services agreements identified above and incorporated herein by
reference (collectively, the "Agreement"), is executed in the English language.
To the extent any translation is provided to you, it is provided for convenience
purposes only, and in the event of any conflict between the English and
translated version, where permitted by law, the English version will control and
prevail. Where the translated version is required to be provided to you and is
to be considered binding by law (i) both language versions shall have equal
validity, (ii) each party acknowledges that it has reviewed both language
versions and that they are substantially the same in all material respects, and
(iii) in the event of any discrepancy between these two versions, the translated
version may prevail, provided that the intent of the Parties has been fully
taken into consideration.

Contact Information. If you have any questions about this Agreement, please
contact us by email or regular mail at the following addresses:

Legal Department
GoDaddy Registry
2155 E. GoDaddy Way
Tempe, AZ 85284 USA
legal@registry.godaddy

Copyright © 2023 Brand Safety Alliance LLC. All Rights Reserved. 

 

 

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