Brand New School
Terms of Service

Full Agreement The following terms and conditions govern all use of Brand New School’s website and all content available at or through this website.  The website is for informational purposes only and does not constitute any offer to perform, or any solicitation of request to perform, services.  Any and all services to be performed by Brand New School are or would be subject to separate agreements in writing between authorized Brand New School representatives and business customers with whom Brand New School chose to contract.

Nevertheless, your use of this website is subject to all the terms and conditions contained herein and all other rules and policies (including, without limitation, our Intellectual Property Policy and our Privacy Policy) and other procedures that may be published from time to time on this website by Brand New School (collectively referred to as the "Website Terms of Use").

Please read these Website Terms Of Use carefully before further using our website. By accessing and using our website, you agree to become bound by and comply with these terms unless replaced by a written agreement that you and an authorized employee of Brand New School each sign. If you do not agree to all of the terms and conditions then you may not access the website:

Stop using this website if you disagree to these Website Terms of Use (including our Intellectual Property Policy and our Privacy Policy, the terms of which are incorporated herein).

You hereby accept the following:

1. No Violation of Laws. You agree that you will not, in connection with your use of the website, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through Brand New School, or BrandNewSchool.com, any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).


2. Misuse of Services. You may not connect to or use the website in any way not expressly permitted by these Website Terms Of Use. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon our website or otherwise attempt to disrupt the website or related communications or media or any other person's use of the same; or (b) attempt to gain unauthorized access to BrandNewSchool.com, Accounts registered to other persons, or the computer systems or networks connected to the website.


3. Changes. Brand New School reserves the right, at its sole discretion, to modify or replace any part of these Website Terms Of Use. It is your responsibility to check these Website Terms Of Use periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Website Terms Of Use constitutes acceptance of those changes. Brand New School may also, in the future, offer new services and/or features through BrandNewSchool.com and the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Website Terms Of Use.


4. Links to Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which this website links, and that link to this website. Brand New School does not have any control over external websites and web pages, and is not responsible for their contents or their use. By linking to an external website or webpage, Brand New School does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. Brand New School disclaims any responsibility for any harm resulting from your use of external websites and web pages.


5. Termination. Brand New School may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Website Terms Of Use you may simply discontinue using the Services and BrandNewSchool.com. All provisions of these Website Terms Of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


6. Disclaimer of Warranties. The website is provided “as is”. Brand New School and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Brand New School nor its suppliers and licensors, makes any warranty that BrandNewSchool.com will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content through, BrandNewSchool.com at your own discretion and risk.

7. Indemnification. You agree to indemnify and hold harmless Brand New School, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of BrandNewSchool.com, including but not limited to your violation of these Website Terms Of Use. 


THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Miscellaneous. These Website Terms Of Use constitutes the entire agreement between Brand New School and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Brand New School, or by the posting by Brand New School of a revised version. Except to the extent applicable law, if any, provides otherwise, these Website Terms Of Use, any access to or use of the website will be governed by the laws of the state of New York. If any part of these Website Terms Of Use is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Website Terms Of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Brand New School may assign its rights under these Website Terms Of Use without condition. These Website Terms Of Use will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.


Legal Notices
If you have questions or concerns about Brand New School’s legal terms, policies, copyright information, trademark information, or other legal topics, please contact the appropriate person below.

Brand New School
c/o: Notice Officer
Email: privacy@brandnewschool.com
Phone: (212) 343-7470

Intellectual Property Rights

Use of the Site The Site, its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Brand New School, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Brand New School and its associated logos are our trademarks and/or service marks. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

Certain materials available on or through the Site are our Works (content we own, authored, created, purchased, or licensed or which we shall own, author, create, purchase, or license). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Site. We hereby grant you a limited non-assignable license to access and make personal and non-commercial use of the Site. This license does not permit you to sell, license, and/or make any commercial use of brandnewschool.com or its contents and materials and/ or any information derived from brandnewschool.com and/or its contents and materials.  

Except as expressly permitted in these Terms of Use or otherwise in writing, you may not directly or indirectly copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Site, in whole or in part, in any form or by any means, whether manual or automatic. These Website Terms Of Use do not transfer from Brand New School to you any Brand New School or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Brand New School. Brand New School, BrandNewSchool.com and Brand New School logos, and all other trademarks, service marks, graphics and logos used in connection with BrandNewSchool.com, or the Services are copyright, trademarks or registered trademarks of Brand New School or Brand New School’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the website grants you no right to reproduce or otherwise use any Brand New School or third-party trademarks beyond the limited license described above.  

The above described license is conditioned on your compliance with these Terms, and shall terminate upon termination of these Terms. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated.

If You believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting the Site’s copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed.


2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number and (if available) e-mail address.


3. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.


4. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.


5. A signature or the electronic equivalent from the copyright holder or authorized representative. Our agent for copyright issues relating to this Site is the contact indicated at the end of these Terms of Use.


If notified of an allegation that the Site contains infringing information, materials or other content, Brand New School may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Site and from any other media or server where the infringing content may be stored or displayed by brandnewschool.com. Notices to brandnewschool.com regarding any alleged copyright infringement should be sent to privacy@brandnewschool.

Unsolicited  Ideas
Brand New School and its employees do not accept or consider unsolicited ideas, including suggestions, proposals, original artwork, or ideas for new products, new promotions, new advertising campaigns, new or improved products and services, feature enhancements, processes, materials, new product names, marketing plans or any other idea (collectively referred to as “Submissions”) in any form. This policy is to avoid potential misunderstandings or disputes when Brand New School products, services, features, or marketing strategies might seem similar, or even identical to, ideas submitted to Brand New School. If you submit ideas, despite our request that you do not send us any ideas, the following terms shall apply to your Submissions regardless of what your letter says.

You agree that: (1) Brand New School has no obligation to keep Submissions confidential; (2) that Brand New School shall have no obligation to review the Submission; (3) Brand New School may redistribute the Submission, in whole or in part, including their contents, for any purpose and in any way; (4) your Submission and contents therein will automatically become the property of Brand New School, without any compensation to 

Reporting Misuse
Brand New School service marks, trademarks, trade names, and trade dress are valuable intellectual property assets. We take the misuse, abuse, and harm of our trademarks seriously.
Please report trademark misuse by emailing privacy@brandnewschool.com.

The following terms are incorporated by reference:
1. Privacy Policy. This Privacy Policy describes how we collect and use information you send to us by visiting our website or by ordering service. Do not use our website and do not order our services if you do not agree to our privacy practices described in this policy.


2. The following privacy policy (“Privacy Policy”) discloses the information gathering and dissemination practices of Brand New School (“BNS”) in connection with the www.brandnewschool.com website (“Site”). Use of this Site constitutes consent to BNS’s collection and use of personal data as outlined herein. This Privacy Policy is current as of July 1, 2019.


3. BNS shares your concerns about maintaining the privacy and personal information collected through the Site. By accessing, viewing, or using this Site you indicate that you understand and intend this Privacy Policy to be the legal equivalent of a signed, written contract, and to be equally binding, and that you agree to such Privacy Policy.


4. Private Areas of the Site. Portions of the Site are private. Access to the private areas of the Site may be granted to authorized users (“Members”) by BNS or by other Members. If you are a Member, certain information about you and your account may be available to certain other Members inside and outside of BNS. Each Member may be provided access to certain projects (“Projects”) and to certain information about other Members with access to the same Project or Projects. Access to the private areas of the Site may be restricted by the use of usernames and passwords, by providing the relevant Members with specific uniform resource locators (“URL,” also known as “Internet addresses”) that link to particular pages on the Site, or by other technological means.


5. Collection of Personal Information from Site Users; Cookies. BNS may collect and/or track using proprietary or third-party solutions (1) the home server domain names, e-mail addresses, type of computer, and type of Web browser of users of the Site, (2) the e-mail addresses of users that communicate with BNS or the Site via e-mail, (3) information knowingly provided by the user in online forms, registration forms, surveys, etc. (including name, address, e-mail and other personal profile data), and (4) aggregate and user-specific information on pages that users access.


6. To enhance the Internet experience, BNS may also use Internet technologies such as “cookies” and “JavaScript.” BNS may identify users through these technologies solely to customize and enhance the Internet experience of the individual users. For example, Internet cookies save data about individual users, such as the user’s name, password, user-name, screen preferences, the pages of a site viewed by the user, and the advertisements viewed or clicked by the user. When the user revisits the Site, BNS may recognize the visitor by the Internet cookie and customize the user’s experience accordingly. Users may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available. If cookies are disabled, however, all features of our Site may not operate as intended. We believe these technologies add value to the user experience. The information resulting from these technologies is not sold or otherwise made available to third parties, unless otherwise agreed.

7. When a user performs a search within the Site, BNS may record information identifying the user or linking the user to the search performed. BNS may also record limited information associated with every search request made by the user and use that information to, among other things, solve technical problems with the service and to calculate overall usage statistics.


8. Use of Personal Data Collected. BNS may use personal data it collects for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users’ behavior, for product development, for content improvement, or to customize the content and layout of the Site. Aggregate data on users’ home servers may be used for internal purposes such as researching and identifying market segments and needs. Unless otherwise agreed, BNS will not sell or disclose to third parties any individually identifying information, such as names, postal and e-mail addresses, telephone numbers, and other personal information which users voluntarily provide to BNS, except to the extent necessary to comply with applicable laws or valid legal processes, to protect the rights and intellectual property of BNS, or in urgent circumstances to protect BNS or the personal safety of any individual. BNS reserves the right to transfer such information to successors to the relevant portion of BNS’s business.


9. Security Measures. BNS may implement security features to prevent the unauthorized release of or access to personal information. Please note, however, that BNS cannot guarantee the confidentiality of any communication or material transmitted to/from BNS via the Site or e-mail. Accordingly, BNS is not responsible for the security of information transmitted via the Internet. For more private communication, users can contact BNS by telephone at the main office and direct line telephone numbers provided below.


10. Opt-Out Right. Users may at any time opt out of having their personal information used by BNS to send promotional correspondence to them, by contacting BNS via postal mail, e-mail, or telephone as indicated below. BNS will not share your personally identifiable information with an unrelated third-party unless you have opted in to BNS doing so.


11. Access to and Ability to Correct Personal Data. Upon request via postal mail, e-mail, or telephone, BNS will provide to users a summary of any personally identifiable information retained by BNS regarding the user. Users may modify, correct, change or update personally identifiable information that BNS has collected by the Site or may request their personal record to be removed from BNS’s database by contacting BNS via postal mail, e-mail, or telephone as indicated below.


12. California Shine the Light Law (California Civil Code Section 1798.83, known as the “Shine the Light” law) permits individuals who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. We will never disclose your personal information to third parties for direct marketing purposes without your authorization. However, if you would like to make a request for information under the Shine The Light law, please contact us by email at privacy@brandnewschool.com. Requests may be made only once a year and are free of charge.


13. Collection of Personal Data from Children. BNS does not knowingly solicit information from children and it does not knowingly market the Site or its products or services to children. To the extent that BNS is able to determine the age of users by their submissions to, or communications with, the Site, BNS will not knowingly (a) collect or post information from individuals under thirteen years of age (“Children” or “Child”) without their parent’s or guardian’s consent, or (b) provide any personally identifying information collected from Children, regardless of its source, to any third-party for any purpose whatsoever.


14. To the extent registration is required for certain products or services on the Site, and a user submits information to BNS through such a registration process that indicates that such user is a Child, BNS will use reasonable efforts to alert the Child’s parent or guardian to the Child’s registration and provide instructions on how the parent or guardian can delete the Child’s registration, if so desired. No information collected through the Site from users self-identified as Children will knowingly be used for any direct marketing or promotional purposes.


15. Links to Other Sites. The Site may contain links to other Internet web sites, including BNS partners. However, BNS does not endorse, and is not responsible for, the privacy practices or the content of these web sites, including product information. You should review these policies in connection with your use of such third-party sites.


16. Security Measures. BNS has established reasonable precautions to protect collected personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction, which include technical, contractual, administrative and physical steps. Please note that while BNS has endeavored to create a secure and reliable site for users, the confidentiality of any communication or material transmitted to/from BNS via the Site or e-mail cannot be guaranteed.


17. Updates to Privacy Policy. The practices outlined above represent our current web site guidelines and demonstrate BNS’s ongoing application of data protection practices. To keep up with the rapidly evolving Internet environment, BNS will from time to time review and revise these practices without notice. You should review the Privacy Policy periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Site shall constitute your acceptance of such changes.


18. Jurisdiction. This policy shall be governed by the laws of the State of New York, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be the State of New York.


19. Contact Information. Questions or concerns regarding BNS data protections practices should be addressed to:

Privacy Concerns
Brand New School LLC
Attn: IT Department
Email: privacy@brandnewschool.com
Telephone: (212) 343-7470.


20. BNS’s Right to Contact. BNS reserves the right to contact users of the Site regarding changes to this Privacy Policy or any other policies or agreements relevant to Site users.