BRICABOX, LLC TERMS OF SERVICE

YOUR ACCEPTANCE

  1. By using and/or visiting this website (collectively, including all content available through the BricaBox.com domain name, the “Website”), you signify your agreement to: (1) these terms and conditions (“Terms of Service”); (2) BricaBox LLC’s (“BricaBox”) privacy policy (“Privacy Policy”), incorporated here by reference; (3) BricaBox’s community guidelines (“Community Guidelines”); and (4) DMCA policy (“DMCA Policy”), incorporated here by reference. If you do not agree with these Terms of Service, Privacy Policy, Community Guidelines, or DMCA Policy please do not use the Website.
  2. Although we may attempt to notify you of major changes to these Terms of Service, Privacy Policy, Community Guidelines, or DMCA Policy, you are responsible for periodically reviewing the most up-to-date versions. BricaBox may, in its sole discretion, modify or revise these Terms of Service, Privacy Policy, Community Guidelines, or DMCA Policy at any time, and you agree to be bound by such modifications or revisions.

BRICABOX WEBSITE

  1. These Terms of Service apply to all users of the Website, including users who create, view, and access content, information, and other materials or services on the Website.
  2. The Website may contain links to third party websites that are not owned or controlled by BricaBox. Bricabox has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BricaBox will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve BricaBox from any and all liability arising from your use of any third-party website.
  3. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third-party website that you visit.

WEBSITE ACCESS

  1. In order to access some features of the Website, you will have to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BricaBox immediately of any breach of security or unauthorized use of your account. You may never use another's account without the account owner’s permission.
  2. BricaBox is not liable for losses caused by the unauthorized use of your account. You may be liable for the losses of BricaBox or others due to such unauthorized use, and you agree to indemnify and hold BricaBox harmless for any losses caused by the unauthorized use of your account.

GENERAL USE OF THE WEBSITE

  1. Ownership of Code and Content

    1. BricaBox does not claim any ownership rights in content you post on the Website. You own the content you create and upload. After posting your content, you continue to retain all ownership rights in such content, and you continue to have the right to use and license your content in any way you choose.
    2. BricaBox retains all ownership rights in code and content developed by BricaBox and provided to Website users (individually “BricaBox Code” and “BricaBox Content, collectively “BricaBox IP”).
    3. These Terms of Service include a number of licenses that you grant BricaBox because they are necessary for BricaBox to make your bricabox and your content available through the Website. For example, you grant BricaBox a license to modify content so that BricaBox can format your content to meet technical requirements. You also grant BricaBox a license to publicly perform and publicly display content so that BricaBox can make the Content available for other users to view.

  2. Licenses to Code

    1. During the term of these Terms of Service, BricaBox grants you a limited, revocable license to use the software and BricaBox Code underlying and enabling the Website as required for your use of the bricaboxes built on top of it, subject to these Terms of Service. You do not have the right to reproduce, distribute, publicly display, or modify BricaBox Code, or create derivative works of BricaBox Code.

  3. Licenses to Content

    1. By posting content to a bricabox or the Website, or otherwise making it available, you grant to BricaBox and all other Website users a nonexclusive, royalty-free, worldwide, fully sub-licensable license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such content on the condition that the content is attributed in a manner specified by its author, if at all (a "Public Content License"). The Public Content License applies by default. You are responsible for making sure that you have all rights in the content you post as is necessary for you to grant the Public Content License. If a bricabox is deleted, the content associated with that bricabox may also be deleted at BricaBox’s discretion. You are encouraged to maintain a backup of your content given the prospect of such deletion.
    2. BricaBox grants to you an exclusive, royalty-free, worldwide license to all BricaBox Content as is necessary for you to create your own bricaboxes, make your bricaboxes available to users of the Website, and to access and interact with bricaboxes on the Website. This license is conditioned on your agreement to attribute the Content to BricaBox by placing following language in a conspicuous location on all bricaboxes were BricaBox content is posted:
      "BricaBox, the BricaBox website, the BricaBox logo and sub-logos, BricaBox marks, trade names, and other related graphics are the property of BricaBox and may not be used without its permission."

  4. Other Proprietary Rights Matters

    1. You agree to comply with the license and restrictions applicable to each item of content you post, copy, access, or use. You agree that all intellectual property accessible on the Website or a bricabox, other than the content you provide, is owned by BricaBox or the applicable user(s). Except as is necessary for you to create your own bricaboxes, make your bricaboxes available to users of the Website, and to access and interact with bricaboxes on the Website, you agree not to:
      • Modify, distribute, or create derivative works based upon the Website.
      • Run, rent, lease, loan, or sell access to the Website.
      • Decompile, reverse engineer, or copy the Website or any bricabox for which the source code is not provided to you; and
      • Reproduce or distribute any intellectual property outside the applicable bricabox.
    2. BricaBox, the Website, and other related graphics, its logo and sub-logos, BricaBox marks, and trade names used on the Website are the trademarks of BricaBox and may not be used without permission. Other trademarks, user marks, and trade names that may appear on bricabox or the Website are the property of their respective owners.
    3. Content from other users or advertisers is made available to you through bricaboxes or the Website. Because BricaBox does not control such content, you agree that BricaBox is not responsible for any such content, including advertising and information about third party products or services. Your interactions with other users on bricaboxes or the Website, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other users. As with any web-based interaction, BricaBox suggests that you use caution and good judgment. You agree that BricaBox is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user's use or disclosure of your personal data. If there is a dispute between you and any third party (including any user), BricaBox is under no obligation to become involved. You release BricaBox, its officers, employees, agents, successors, and assigns from claims, demands and damages of every kind or nature arising out of or related to any disputes with: (i) other users; (ii) third-parties, (iii) a bricabox; or (iii) the Website.
    4. BricaBox offers fee-based premium services. If you choose to sign up for a premium service, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that premium service.
    5. You are responsible for implementing and maintaining all support for your bricaboxes. You must ensure your use of the Website does not unduly degrade the Website’s performance. If your bricabox exceeds any quotas and limitations set by BricaBox or otherwise degrades performance of the Website or other BricaBox services in any way, BricaBox may suspend your use of the Website at its sole discretion.

BRICABOX COMMUNITY GUIDELINES

  1. You are solely responsible for your conduct on the Website. You agree not to place any advertisements, including ads served via an ad-server service like Google AdSense, on the Website or any of your bricaboxes unless you pay the applicable fees for the applicable premium service. BricaBox may at its option place advertisements on any of your bricaboxes, including ads served via an ad-server service like Google AdSense, unless you pay the applicable fees for the applicable premium service.
  2. You also agree not to post or make available any content for which you don't have sufficient rights to use or license. This means that you may not include third-party content that is subject to license terms that are incompatible with the licenses you grant under these Terms of Service.
  3. You also agree not to post, email, or otherwise make available on the Website or any bricabox, content that:
    • Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harms minors in any way
    • Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
    • Impersonates a BricaBox employee or user, or falsely states or otherwise misrepresents your affiliation with a person or entity
    • Includes personal or identifying information about another person without that person's explicit consent
    • Is false, deceptive, misleading, deceitful, or constitutes “bait and switch”
    • Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships
    • Creates, sends, or enables anything that constitutes or contains “chain letters,” “pyramid schemes,” or any advertisement that you are prohibited by law from sending
    • Constitutes or contains any form of advertising or solicitation
    • Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
    • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
    • Disrupts the normal flow of dialogue with an excessive number of messages on the Website or a bricabox, or that otherwise negatively affects other users' ability to use the Website or a bricabox
    • Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted to the Website or a bricabox
    • “Stalk” or otherwise harass anyone
    • Collect personal data about other users for commercial or unlawful purposes
    • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website or a bricabox - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org), or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”
    • Post non-local or otherwise irrelevant content, repeatedly post the same or similar content, or otherwise impose an unreasonable or disproportionately large burden on the Website or a bricabox
    • Attempt to gain unauthorized access to BricaBox’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website or a bricabox
    • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Website or a bricabox

PRIVACY AND SPAM

  1. You agree to comply with all applicable laws with respect to the collection, use, and disclosure of any user’s personal data, and email communications, including without limitation CAN-SPAM, Electronic Communications Privacy Act, Stored Communications Act, Communications Decency Act, Children’s Online Privacy Protection Act, Communications Privacy Act, Financials Privacy Acts, Video Privacy Act, Telephone Consumer Protection Act, Driver’s Privacy Protection Act, Identity Theft and Assumption Deterrence Act, applicable state laws, applicable federal laws, and applicable laws in non-U.S. jurisdictions.
  2. You agree to comply with all relevant aspects of the Privacy Policy. You agree not to collect or use personal data except as permitted by the Privacy Policy. You agree not to use any personal data disclosed to you by BricaBox for any purpose other than using the Website or a bricabox in accordance with these Terms of Service and the Privacy Policy. You agree not to harvest any email addresses from the Website or any bricaboxes. You agree not to knowingly collect any information from or develop any bricaboxes that are targeted at children under the age of 13. If BricaBox provides you, either intentionally or unintentionally, with personal data about Website users, you agree to (1) comply with applicable law and BricaBox’s rules (including the Privacy Policy and anti-spam policy) with respect to such personal data and (2) to indemnify BricaBox for your use of such personal data.

INFRINGEMENT OF INTELLECTUAL PROPERTY

To the extent you administer a bricabox(es), you agree to promptly address any intellectual property owner's written notice (including any notices forwarded to you by BricaBox) that specified content provided by user of a bricabox that you administer infringes that intellectual property owner's rights in his intellectual property, provided that the notice substantially complies with the requirements in the BricaBox DMCA Policy. You also agree to promptly notify BricaBox of any such written notices in accordance with the requirements of the BricaBox DMCA Policy. If you do not promptly remove the content specified in the notice, BricaBox may remove the content without any liability to you or to the user that posted such content. Unless otherwise required by law or court order, BricaBox is not responsible for deleting content on your behalf. BricaBox maintains and enforces a policy of terminating the accounts of users who are repeat infringers of third-party intellectual property.

YOUR ACCOUNT

  1. These Terms of Service commence upon your use of the Website and continue until you terminate your use of the Website, until BricaBox terminates your right to access the Website, or until BricaBox decides to terminate the Website
  2. You may deactivate your account at any time, for any reason.
  3. BricaBox has sole discretion to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website or a bricabox, or remove and discard any content, without notice and for any reason.
  4. Upon deactivating your account, these Terms of Service, including any licenses to BricaBox Code and BricaBox Content, terminate and your access rights to the Website will immediately cease to exist. Any bricaboxes or content associated with your account will be deactivated. BricaBox will have no obligation to refund any fees paid for premium services if you prematurely deactivate your account, or if you violate BricaBox’s Terms of Service, Privacy Policy, Community Guidelines, or DMCA Policy.
  5. The following provisions will survive termination of these Terms of Service: 2B; 3B; 4Ai; 4Aii; 4Di; 4Dii; 4Diii; 4Div; 6A; 6B; 8F; 8G; 8H; 8I; 9D; 9E; and 9F.
  6. BricaBox reserves the right at any time to modify, suspend, or discontinue providing the Website or any part thereof with or without notice. BricaBox will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. If you do not agree to any changes to the Terms of Service, you must notify BricaBox and your account will be terminated.
  7. YOUR USE OF THE WEBSITE, AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE WEBSITE AND ALL CODE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRICABOX AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER BRICABOX NOR ANY USER MAKES ANY WARRANTY THAT THE WEBSITE, A BRICABOX, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
  8. You agree to indemnify, defend, and hold harmless BricaBox, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability, including reasonable attorneys' fees, arising out of or relating to any content you submit, post, transmit, or make available through the Website or a BricaBox; your use or misuse of the Website; your connection to the Website or a BricaBox; your violation of BricaBox’s Terms of Service, Privacy Policy, Community Guidelines, or DMCA Policy; or your violation of any rights (including intellectual property rights) of a third party.
  9. YOU AGREE THAT BRICABOX SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BRICABOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR A BRICABOX, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) ON THE WEBSITE OR A BRICABOX; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF SERVICE IN EXCESS OF THE GREATER OF (i) $100 OR (ii) THE TOTAL AMOUNTS PAID TO BRICABOX BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

MISCELLANEOUS

  1. BricaBox’s failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
  2. Your account is non-transferable. You may not delegate your duties under these Terms of Service or assign these Terms of Service, in whole or in part.
  3. Any unauthorized use of the Website or a bricabox is a violation of these Terms of Service and may violate federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
  4. All users of the Website are intended third party beneficiaries of your obligations under these Terms of Service.
  5. BricaBox may assign these Terms of Service to any successor or purchaser of BricaBox or all or substantially all of its assets.
  6. These Terms of Service shall be governed by the laws of the State of Ohio without reference to choice of laws principles. You hereby submit to the jurisdiction and venue in the Courts of Hamilton County, Ohio.
  7. These Terms of Service, which incorporate the BricaBox Privacy Policy and DMCA Policy, constitutes the entire agreement between you and BricaBox and governs your use of the Website, superseding any prior agreements (whether written or oral) between you and BricaBox regarding the subject matter hereof.

Contacting BricaBox

E-Mail: company@bricabox.com

Postal:
181 East Houston Street, 3A
New York, New York 10002