The services offered by Social Mecca, Inc. ("Brickfish", "us" or "we") include the Brickfish website (the "Website", which is currently located at www.brickfish.com), and any other features, content, or, applications offered from time to time by Brickfish in connection with the Website (collectively, the "Services").
Additional Terms. In order to participate in certain Services, you may be required to download software or content and/or agree to additional terms and conditions, which terms shall be available prior to download. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, any additional terms are hereby incorporated into this Agreement.
Amendments. Brickfish may modify this Agreement from time to time and such modification shall be effective: (1) upon posting by Brickfish on the Website, for all Users who first use the Services affected by such modification after the posting, or (2) thirty (30) days after posting by Brickfish on the Website, for all existing Users of the affected Services. If you do not agree to the modifications, you must cease your use of the Services.
Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years old or older at the time of registration or guest registration; and (d) your use of the Services does not violate any applicable law or regulation. Your profile will be deleted without warning if we believe, for any reason, that you are younger than 13, and you will have to appeal such deletion by providing credible evidence of your age, or, if you are a minor, permission by a parent to reinstate your account. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Brickfish has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brickfish has the right to suspend or terminate your account and refuse any and all current or future use of any of the Services.
Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Brickfish account and end your membership at any time, for any reason by going to the Account Deletion Request page. Brickfish may terminate your membership for any reason, effective upon sending notice to you at the then-current e-mail address in your account profile. Even after any termination, Sections 5-18 of this Agreement will remain in effect. You understand that termination of this Agreement and your Brickfish account involves deletion of your Brickfish profile information from our live databases. Brickfish will not have any liability whatsoever to you for any termination of your account or related deletion of your information.
Fees. You acknowledge that Brickfish reserves the right to charge for the Services and to change its fees from time to time in its discretion, upon notice to you at the then-current e-mail address in your Brickfish account. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to Brickfish.
Password. When you sign up to become a Member, you will also be asked to choose a password to accompany your unique user identifiers (which are your email address and profile name). You are entirely responsible for maintaining the confidentiality of your password; you agree not to share it with any other person. You agree not to use the account, username, or password of another Member at any time in any way unless you have expressed written consent from the Member and this is verified with the Brickfish team. You agree not to use another user's account or username for voting or reviewing purposes. You agree to notify Brickfish immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. If you have revealed your password to any third party, with or without your consent, Brickfish reserves the right to terminate your account.
Submitting Content. As a Member, you will be granted the privilege of participating in chat rooms and forums on the Brickfish website, which means you may post "Content" (which we define as any and all postings, messages, text, files, photos, photo albums, video, sounds, works of authorship, feedback, bug reports or any other materials) in the form of text for display in these areas of the Website, subject to your compliance with this Agreement. Your Content is yours, but by uploading it, you grant Brickfish and other third parties a license to it, as further outlined here. You may only upload content that is in the public domain, is your original work of authorship or for which you have authorization to display. If you are unsure about the ownership of Content, do not upload it. As a Member, you will also be granted the privilege of submitting certain types Content for display on your user page. Prior to submitting Content, you must accept the additional terms and conditions of the Submission Agreement, available here which is incorporated into, and forms a part of, this Agreement. PLEASE NOTE THAT WHEN YOU UPLOAD CONTENT TO THE WEBSITE, YOU ALLOW THIRD PARTIES TO COPY, DISTRIBUTE AND DISPLAY YOUR CONTENT. For content submitted for any campaign or promotional entry, you agree to abide by the terms and conditions of this Agreement as well as any additional terms or conditions identified in the specific campaign rules and regulations.
Brickfish. The Services contain Content of Brickfish and its licensors ("Brickfish Content", which includes the Content licensed by you to Brickfish (as set forth in the Submission Agreement), as well as that of advertisers. Brickfish and its licensors own and retain all proprietary rights in the Brickfish Content and the Services and expressly claim rights in the Brickfish Content. Brickfish hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Brickfish Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Brickfish may grant additional rights to Content in specified pages of the Website, as specified on those pages.
Technological Protections. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Brickfish and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services.
Interstate/International Nature of Communications on/from Brickfish Network. You acknowledge that in using the Services to submit registration information and/or send/receive other communications to/from Brickfish, you will be causing communications to be sent through Brickfish's computer networks, which are currently located in Massachusetts, located in the United States. As a result, and also as a result of Brickfish's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate and/or extraterritorial communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of the service results in interstate and/or international data transmissions.
Your Content and Activity. You are solely responsible for any and all Content that is published or displayed ("posted", as used herein) by or through your account on any Service, including any e-mail, and for your interactions with other Users.
General Practices Regarding Use and Storage. You acknowledge that Brickfish may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Brickfish's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Brickfish has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that Brickfish reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Brickfish reserves the right to modify these general practices and limits from time to time.
- Prohibited Content and Activity. The following are examples of the kind of Content and Activity that is illegal or prohibited to post on or through the Services: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) exploits people in a sexual or violent manner; (iv) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; (v) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, or "spamming,"; (vi) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (vii) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (viii) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (ix) provides instructional information about or promotes illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code; (x) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (xi) except as expressly approved by Brickfish, involves commercial activities and/or promotions such as campaign, sweepstakes, barter, advertising, or pyramid schemes; (xii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xiii) includes a photograph or video of another person that you have posted without the person's consent; (xiv) any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages; (xv) using the account, username, or password of another User; or (xvi) otherwise violates the terms of this Agreement or creates liability for Brickfish. In addition, you represent and warrant that: (i) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.
- Enforcement by Brickfish. Brickfish has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Brickfish violates this Agreement or which may be offensive, illegal, violate the rights, harm, or threaten the safety of any User or any other person, or create liability for Brickfish or any User. Brickfish reserves the right (but has no obligation) to investigate and take appropriate legal action at its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing the Prohibited Content from the Services, terminating your privileges and/or membership, reporting you to law enforcement authorities, and taking legal action against you. In any circumstance where Brickfish received credible information relating to the disappearance of a user under the age of 18, Brickfish will release any records relating to the investigation to law enforcement.
- Your Profile. Any Content used for or photographs posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission.
- Duplicate Profiles. Members can create additional personal or group profiles. Regardless of the number of profiles created by any one person, Users agree to use only one account of their choosing when voting on any campaign or other promotional programs on Brickfish. Users agree to not create additional profiles as a method of participating and/or enacting any restricted behavior as defined within the terms of this Agreement or behavior that Brickfish deemed inappropriate at any time. Brickfish reserves the right to determine what constitutes "inappropriate" User and/or profile activity (including creating false accounts for the purpose of engaging in restricted behavior) and reserves the right to take any action necessary to correct the activity. Any User found creating one or more additional profiles and engaging in restricted and/or inappropriate behavior may have their additional accounts and/or all of their accounts deleted from Brickfish. Additionally, Brickfish reserves the right to permanently ban offenders from the use of all Brickfish services.
- Non-Commercial Use. Except for Licensors, as identified in this Agreement, the Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by the management of Brickfish or in connection with Services expressly designated for commercial use. You will not engage in advertising to, or solicitation of, any User to buy or sell any products or services through any Service. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your account.
- User Interaction. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
- No Disruption. You will not: (i) cover or obscure the banner advertisements on your personal profile page, or any Brickfish page via HTML/CSS, scripting, or any other means, (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or (iii) introduce software or automated agents to the Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services.
- Irrelevancy. Brickfish reserves the right to remove any and all irrelevant content, including reviews, from a topic-based area or a campaign, at its sole discretion.
- Campaign Submissions. You agree that upon submission of any content to any campaign hosted on Brickfish.com, including image, blog, audio, video, and/or any other content submission presently known or hereafter devised on Brickfish.com or by its affiliates, such content will remain on the site in perpetuity or for as long as Brickfish deems appropriate to archive. Specifically, once submitted to a campaign, you release the right to remove your entries from the campaign at any point during or after the campaign has concluded. In addition, you agree that your submission of content can be propagated to other websites by third parties and you release third parties and third party websites from any liability resulting from the propagation of your content.
- Miscellaneous. You will not attempt to impersonate another User or person, including any employee of Brickfish. You will use the Services in a manner consistent with any and all applicable laws and regulations.
- No Resale of Services. Other than as listed in any Submission Guidelines, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your username), use of the Services, or access to the Services.
Copyright Policy. It is the policy of Brickfish to terminate account and/or site privileges of any User who repeatedly infringes copyright rights. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please contact us as described in our Copyright/Publicity Rights Policy.
Third Parties and other Users.
Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because Brickfish does not control such Content, you agree that Brickfish is not responsible for any such Content, including advertising and information about third party products or services. Because Brickfish does not have control over such Content, Brickfish makes no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and Brickfish assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
Responsibility. Your interactions with other Users on the Services or with advertisers, including payment 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 User or the advertiser. You agree that Brickfish will not be 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 personally identifiable information. If there is a dispute between you and any third party (including any User), Brickfish is under no obligation to become involved; however, Brickfish reserves the right, but has no obligation, to monitor disputes between you and other Users.
Modifications to Service. Brickfish reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services with or without notice. You agree that Brickfish shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Brickfish is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Services. Brickfish is not responsible for the conduct, whether online or offline, of any User of the Services. Brickfish assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or User communication. Brickfish is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Visitors and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Brickfish be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE. BRICKFISH EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. BRICKFISH MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
Limitation on Liability. IN NO EVENT SHALL BRICKFISH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BRICKFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRICKFISH'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY US DOLLARS ($50) AND THE AMOUNTS YOU PAID TO BRICKFISH IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.
Release. You hereby release Brickfish and its sponsors and their respective affiliates, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any Brickfish event.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Indemnity. You agree to defend, indemnify, and hold Brickfish, its subsidiaries, affiliates, officers, agents, sponsors and their respective affiliates, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
Termination. Upon termination of your account for any reason, if you have submitted any content to a promotion, that content may not be removed, and your entry may not be withdrawn. In the event that your account is terminated by Brickfish, any outstanding entries may be removed at Brickfish's discretion. To the extent that you believe you have personal information or property on the account that you do not want destroyed, you must affirmatively contact Brickfish within 48 hours of that termination and specifically request your content, which release will not be unreasonably withheld.
- U.S. Export Controls. Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
- Governing Law. This Agreement shall be governed by the laws of the State of Illinois without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any legal action or proceeding relating to your access to, or use of, the Services shall be instituted exclusively in a state or federal court located in Illinois. You and Brickfish agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
- Entire Agreement; Waiver; Headings. This Agreement constitutes the entire agreement between you and Brickfish regarding the use of the Services. The failure of Brickfish to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. You may also receive a copy of this Agreement (in ASCII text format) by please contacting member support.
- Copyright/Trademark Information. Copyright © 2011 Social Mecca, Inc. d/b/a Brickfish. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Brickfish or other third parties. You are not permitted to use these Marks without the prior written consent of Brickfish or such third party which may own the Mark.
- No Third-Party Beneficiaries. You agree that there shall be no third-party beneficiaries to this Agreement.
- Notice. Brickfish may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on the Service.
- Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
- Assignment. You agree that your Brickfish account is non-transferable. You may not assign this Agreement. All rights you may have under this Agreement automatically terminate upon your death.
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