Last Updated: March 30, 2014
Welcome to the Brickwork Web Site (the “Site”). Users of the Site (“Users”) must indicate that they have read and agreed to the Terms of Use (“Terms”). Please read these Terms carefully.
Use of the Site
By accessing or using the Site, including the use of Brickwork Software (the “Solution”), User’s signify that they have read, understand and agree to be bound by these Terms. Bricksolve, Inc. d/b/a Brickwork (“Brickwork”) reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice; any such change, modification, addition or deletion will be effective when it is posted on the Site. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. Users understand and agreed that continued access to or use of the Site after the effective date of modifications to the Terms indicates User’s acceptance of the modifications.
To access or use the Site, Users must be 13 years or older and have the requisite power and authority to enter into these Terms. Users may not access or use the Site if Brickwork has previously banned the applicable User from the Site.
Brickwork grants Users permission to use the Site subject to the restrictions in these Terms. Use of the Site is at User’s own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate. As used herein, “Content” means text, images, photos, audio, video, location data, and all other forms of data or communications.
Responsibility for User Content
Users are entirely responsible for all of the Content (as defined below) that is uploaded, posted, emailed, transmitted or otherwise made available on the Site or User’s Domain (as defined below) whether publicly posted or privately transmitted. User assumes all risks associated with use of the Content, including any reliance on its quality, accuracy, completeness, reliability. Or any disclosure by User and/or User’s customers of information in User’s Content that makes User and/or User’s customers personally identifiable. User represents that it owns or has the necessary permissions to use and authorize the use of the Content as described herein. User may not imply that the Content is in any way sponsored or endorsed by Brickwork.
In the event that Users post public information on social media sites, Users may expose themselves to liability if, for example, the Content contains material that is false, intentionally misleading or defamatory; violates any third-party right, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
As used in these Terms, “Content” means all materials originating or transmitting from User’s website(s) data, software and information including, without limitation, any hypertext markup language files, email messages, scripts, programs, recordings, sound, video, music, graphics, images, applets or servlets that User or User’s customers creates, installs, uploads, receives from a third party or transfers in connection with User’s use of the Site.
As used in this Agreement, “Domain” means the domain of content and services dedicated to the applicable User that is located on that User’s application server.
Brickwork’s Use User Content
Brickwork may use User Content in a number of different ways, including to host, cache, record, copy, display, commercially exploit and otherwise use the Content for the purpose of (i) providing the services to User, (ii) using the Content, in aggregate form only, to power services for other clients, (iii) marketing Brickwork’s services to third parties and (vi) commercially exploiting the Content, in aggregate form only, to other clients and to third parties. As such, Users hereby irrevocably grant Brickwork world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use the Content for any such purpose.
Users’ Agreement not to use the Site for certain purposes:
Users agree not to access or use the Site to: upload, post, email, transmit or otherwise make available any Content that Brickwork, in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous, or otherwise objectionable; upload any Content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party that Users do not have a right to make available under applicable law or any contractual or fiduciary relationships; impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial solicitation; upload, post, email, transmit or otherwise make available any material that 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; intimidate or harass another User; create a false identity on the Site. Additionally, Users agree not to: access or use the Site by means of any automated program, experts system, electronic agent or “bot”; or give any person or entity access to the Site, unless such person or entity is required to comply with these Terms.
Privacy
Users represent that they have read and understood Brickwork’s Privacy Policy [a] . Brickwork takes the privacy of the Users very seriously. Brickwork does not share personal identifying information (including information Users customers enter as part of their profiles) without prior written consent from Users. Brickwork does not share personal User information with marketers or advertisers; however, Brickwork may do so in the aggregate without making reference to or identifying individual Users or their contact information.
Brickwork may disclose information about Users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Brickwork may also disclose information about Users to law enforcement officers or others in the good faith belief that such disclosure is reasonably necessary to enforce these Terms, respond to claims that any posting or other User Content violates the rights of third-parties, or to protect the rights, property, or personal safety of Brickwork, its owners, officers, directors, agents, subsidiaries, joint venturers or employees, the Site, its Users or the general public.
Although Brickwork makes good faith efforts to store information in a secure operating environment not available to the public, Brickwork cannot guarantee complete security. Brickwork disclaims liability for unintentional security breaches.
Ownership
Users own all right, title and interest to their Content and/or Users’ customer’s content and to Users’ copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with User’s Content and the Domain, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
Brickwork owns all of its content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, Brickwork’s compilation of User Content and other Site content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and/or User’s customer’s content and third party content. Brickwork owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with Brickwork’s content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Brickwork’s content in whole or in part except as expressly authorized by Brickwork. Except as expressly and unambiguously provided herein, Brickwork does not grant Users any express or implied rights, and all rights in and to the Site and the Brickwork content are retained by Brickwork.
Links to Other Websites
The Site contains links to other web sites. Brickwork has not reviewed all of these web sites and is not responsible for the content, accuracy or opinions expressed in such other web sites, and such other web sites are not investigated, monitored or checked by Brickwork for content, accuracy or completeness. Inclusion of any linked web site on or through the Site does not imply Brickwork’s approval or endorsement of the linked web site. Without limiting the generality of the foregoing, links to retailers or advertisers are owned and operated by independent (i.e., not associated with Brickwork) retailers or service providers, and therefore, Brickwork cannot and does not ensure that Users will be satisfied with the products, services or practices of those retailers or service providers. If Users decide to leave the Site and access these other third-party sites, they do so at their own risk.
Disclaimers
Brickwork is not responsible for any incorrect or inaccurate content on the Site, User Content and or User’s customer’s content or any other User-generated material posted on the Site or in connection with the Site, whether posted or caused by Users of the Site, or by any of the equipment or programming associated with or utilized in the Site. Brickwork is not responsible for the conduct, whether online or offline, of any User of the Site. The Site may be temporarily unavailable from time to time for maintenance or other reasons. Brickwork assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of User communications. Brickwork is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site. Under no circumstances will Brickwork be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from anyone’s use or viewing of the Site, any Users’ Content or any other User-generated material posted on or through the Site or transmitted to Users or Users’ customers, or any interactions between Users of the Site, whether online or offline.
THE SITE, ITS CONTENT, USERS CONTENT AND ANY USER-GENERATED MATERIAL ARE PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND AND BRICKWORK DISCLAIMS ANY AND ALLWARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BRICKWORK CANNOT PROMISE OR GUARANTEE AND DOES NOT PROMISE OR GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SITE.
Applicable law may not allow exclusion of certain or all implied warranties, so the foregoing may not apply to Users in some respects.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL BRICKWORK BE LIABLE TO USERS OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM USERS’ USE OF THE SITE OR THE SERVICE, EVEN IF BRICKWORK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRICKWORK’S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY USERS TO BRICKWORK FOR THE SERVICE; AND (B) ONE HUNDRED DOLLARS ($100).
CERTAIN LAWS AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO CERTAIN USERS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO CERTAIN USERS AND THOSE CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS.
Governing Law and Venue
By visiting or using the Site, Users agree that the laws of the United States of America and the State of New York, without regard to conflicts of laws principles, will govern these Terms and any dispute of any sort that might arise between Users and Brickwork or any of its affiliates. Any legal action or proceeding related to this Site (including, but not limited to, User visits to or use of the Site) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. To the extent you might have in any manner violated or threaten to violate Brickwork’s or any of its affiliates’ proprietary or intellectual property rights, Brickwork may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, Users hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of New York.
Any claim, action or proceeding by Users related in any way to the Site (including your visit to or use of the Site) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Indemnity
Users agree to indemnify and hold Brickwork, its subsidiaries and affiliates, and each of their owners, directors, officers, agents, contractors, partners, joint ventures and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Site (including, but not limited, the Content and/or User’s customer’s content, User visits to or use of the Site) in violation of these Terms or User’s violation of any law or the rights of a third party.
Other
These Terms, together with any other policies of Brickwork posted by it on the Site, constitute the entire agreement between Users and Brickwork regarding the use of the Site. The failure of Brickwork to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The Site and its contents are intended to comply with the laws and regulations in the United States. Other countries and jurisdiction may have laws, and regulatory requirements that differ from those in the United States. Any content, offer or service on the Site is void where prohibited.
Termination of Service
You agree that Brickwork, in its sole discretion and without prior notice, has the right but not the obligation to delete or deactivate User’s access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any User Content within the Site, for any reason, including, without limitation, if Brickwork believes that Users have acted inconsistently with these Terms. Further, Users agree that Brickwork shall not be liable to Users or any third-party for any of the foregoing actions or for termination of User’s access to the Site. Further, Users agree not to attempt to use the Site after such termination.
Without limiting the foregoing, in accordance with the DMCA and other applicable law, Brickwork has adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Brickwork, Users who are deemed to be repeat infringers of intellectual property rights. Brickwork may also, at its sole discretion and without prior notice, limit access to the Site of any Users who, in the judgment of Brickwork, infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Complaints
Brickwork respects authors' and content holders' rights. Therefore, it is Brickwork’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Brickwork may promptly terminate without notice any User's access to the Site if that User is determined by Brickwork to have infringed the rights of copyright holders.
If you believe that any material on the Site violates any copyright or similar right which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Bruce Temkin
Full Address of Designated Agent to Which Notification Should be sent: 100 Pearl Street 14th Floor, Hartford, Connecticut 06103, USA
E-Mail Address of Designated Agent: btemkin@brucetemkin.com
To meet the notice requirements under the DMCA, the notification must consist of a written communication that includes the following:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Questions and Feedback
We welcome your questions and feedback. Please visit our Help page for more information, or contact us at hello@brickworksoftware.com