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BRICKINFO.ORG USER AGREEMENT
Welcome to Brickinfo.org's
User Agreement. This Agreement is a legal agreement between you
and Brickinfo.org regarding your
use of Brickinfo.org's web site
proprietary services ("Services"). By using the
Services, you are agreeing to the terms and conditions included
in this Agreement (the "Terms of Service").
1. Brickinfo.org
Services. This agreement covers your use of Brickinfo.org's
Services on this site only. Your use of services on other sites
will be covered by separate agreements. Our Services are
available only to individuals who can form legally binding
contracts under applicable law, and therefore, excludes minors.
2. Use of
the Services. You may use the Services for personal and business
purposes. However, you may not sell, lease or resell the
services to or on behalf of any other party. In addition, you
may not use, or permit to be used, Brickinfo.org
Services in violation of any applicable law, regulation or
policy, or in violation of any third parties' rights.
3. Terms and
Conditions of Use.
(a)
Agreement to Terms. By using the information, services and
products available through Brickinfo.org
you are agreeing to the terms and conditions contained herein.
(b)
Modification. Brickinfo.org
reserves the right to modify the Terms of Service at any time,
and such modifications shall be effective immediately upon the
earlier of posting of the modified Terms of Service or by e-mail
notification to you.
(c) You
agree to review these Terms of Service periodically to be aware
of such modifications, and your continued access or use of this
web site shall be deemed your acceptance of the modified Terms
of Service.
(d) You
agree that these standards for notice of changes are reasonable.
(e) You
acknowledge and agree that Brickinfo.org
or its affiliates may deny you access to or use of all or part
of this web site without prior notice if you engage in any
conduct or activities that Brickinfo.org in its sole discretion
believes violates any of these Terms of Service, violates the
rights of Brickinfo.org, or is
otherwise inappropriate for continued access and use of this web
site.
4. Your
Information.
(a) By
giving us your email address, you are certifying in this
Agreement that you have the right to use your email address.
(b) By
providing information to us via this web site (such a, feedback,
data, comments, questions, suggestions, plans or ideas), you
agree that such information shall be non confidential and that Brickinfo.org
shall have unlimited rights to (or not to): use, distribute,
reproduce, and disclose such information as Brickinfo.org
deems appropriate, without compensation or acknowledgement of
its source. Brickinfo.org shall
be free to use any ideas, concepts, know-how or techniques
contained in information you provide Brickinfo.org
through Brickinfo.org 's web
site.
(c) In
exchange for use of this web site, you agree that any
information you submit to us will be current and complete and
will not violate the rights of any third parties, and you agree
to defend, indemnify, and hold harmless Brickinfo.org,
its affiliates and content suppliers, and their successors
against any claims by third-parties alleging facts in breach of
these representations.
(d) While Brickinfo.org
will not knowingly divulge your email address or any other
personal information to outside parties, you agree that Brickinfo.org
will not be liable for acquisition or use of your information by
any third party without Brickinfo.org's knowledge
or consent. In turn, you agree that Brickinfo.org
will not be liable for the acquisition or use of personal
information about you that is not under our control.
(e) Brickinfo.org
is against unsolicited e-mail (SPAM) as a matter of policy.
In order to support this FREE service, you will receive
advertisements within the email notifications you receive.
5.
Ownership.
(a)
Brickinfo.org has and shall retain all right, title and interest
in and to any software or technology used in providing the
Services, and all intellectual property rights therein.
(b) All
content included on this web site, including text, graphics,
logos, buttons, icons, and images, is the property of Brickinfo.org
or its affiliates, content suppliers, or other licensors, with
ownership as indicated by specific copyright and trademark
notices and/or context, and is protected by U.S, and
international copyright and trademark laws.
6. Consumer
Information. The consumer information contained here is
intended, in part, to alert the reader to pertinent issues
regarding this site. The information contained herein is not
intended as a substitute for professional consultation. If
professional assistance is required, the services of a competent
professional person should be sought.
7. Pricing
and Availability. Any pricing information listed on this web
site is subject to change without notice. Certain items herein
may be discontinued or may be unavailable in some areas.
8.
Disclaimers.
(a) The
availability of the Services depends on many factors, including
your connection to the Internet, the availability of the Brickinfo.org
's web site or services, and equipment that is not, by
its nature, fault tolerant.
(b) THE
SERVICES ARE PROVIDED "AS IS". NO WARRANTIES ARE
PROVIDED, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH
RESPECT TO THE SERVICES, THE AVAILABILITY OR USE OF THE
SERVICES, PERFORMANCE OF THE SITE, RESULTS OBTAINED OR OPERATION
WITHOUT INTERRUPTION, ANY INFORMATION OR PRODUCTS OBTAINED OR
DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION, STORAGE
OR USE OF YOUR INFORMATION, OR ANY PRODUCTS OR SERVICES USED IN
CONJUNCTION WITH THE SERVICES.
(c) BRICKINFO.ORG
AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NONINFRINGMENT AND FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE SERVICES, AVAILABILITY AND USE OF
THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED
THROUGH USE OF THE SERVICES, FREEDOM FROM COMPUTER VIRUS, AND
ANY TRANSMISSION OR USE OF YOUR INFORMATION.
(d) Brickinfo.org
and its affiliates and content suppliers reserve the right to
alter or delete the products, services and information available
from this web site at any time.
(e) The
information contained in this World Wide Web site is provided
for informational purposes only. While Brickinfo.org
has tried to provide accurate and timely information1 there may
be inadvertent inaccuracies and typographical errors. We reserve
the right to make changes and corrections at any time, without
notice.
(f) Brickinfo.org
does not warrant the accuracy, completeness or usefulness of the
information, text, links or other items contained on this web
site and Brickinfo.org expressly
disclaims liability for errors or omissions in these materials.
(g) Brickinfo.org
makes no commitment to update the information contained on this
web site.
(h) Third
party web sites listed as hypertext links herein are not under
the control of Brickinfo.org.
Accordingly, Brickinfo.org can
make no representation concerning the content of these web sites
nor can the fact that Brickinfo.org
has included this link serve as an endorsement by Brickinfo.org
of any of these web sites.
(i) Nothing
contained in this web site constitutes investment advice.
(j) All
sales of products listed herein are subject to our usual terms
and conditions of sale.
9.
Trademarks. All trademarks, company names, and product names are
the property of their respective owners.
10.
Copyright. The content of this web site, including but not
limited to the text and images herein and their arrangement are
copyright ©2OO6 Brickinfo.org.
All Rights Reserved. Certain images herein are owned by and have
been provided by our members and are used with permission.
Please contact us if you are interested in receiving permission
for commercial or non-commercial use of any of the images or
content herein.
11.
Limitation of liability. IN NO EVENT WILL BRICKINFO.ORG,
ITS SUPPLIERS, LICENSEES OR AFFILIATES BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES THAT RESULT OR ARISE OUT THE SERVICES, THE AVAILABILITY
OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR
DERIVED THROUGH USE OF THE SERVICES, ANY OTHER PRODUCTS OR
SERVICES USED IN CONJUNCTION WITH THE SERVICES, OR ANY
TRANSMISSION OR USE OF YOUR INFORMATION. IN NO EVENT SHALL BRICKINFO.ORG,
ITS SUPPLIERS' OR ITS LICENSEES' AGGREGATE LIABILITY TO CUSTOMER
OR ANY PARTY ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED
DOLLARS ($100).
12.
Indemnification.
(a) You
agree to indemnify, defend and hold harmless Brickinfo.org,
its affiliates, officers, directors, employees, consultants,
agents and suppliers from and against any and all claims,
liability, damages and/or costs (including but not limited to
reasonable attorneys' fees) arising from your use of this web
site and the Services provided under this Agreement, the
violation of these terms and conditions by you, or the
infringement by you, or other users of Brickinfo.org
's web site through the use of your computer or your
infringement of any intellectual property or other right of any
person or entity.
(b) Brickinfo.org
reserves the right at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you
13.
Termination of Service.
(a)Either
you or Brickinfo.org may
terminate this Agreement and the Services at any time and for
any reason, but until that time it remains in full force and
effect.
(b) These
terms are effective until terminated by either party. You may
terminate these terms at any time by destroying all materials
obtained from any and all Brickinfo.org
site(s) and all related documentation and all copies and
installations thereof, whether made under the terms of these
terms or otherwise.
(c) These
terms will terminate immediately without notice from Brickinfo.org
if in Brickinfo.org's sole
discretion you fail to comply with any term or provision of this
Agreement.
(d) Upon
termination, you must destroy all materials obtained from the
site and any and all other Brickinfo.org
site(s) and all copies thereof, whether made under the terms of
these terms or otherwise.
(e) The
terms of this Section and Sections 4, 5, 8,11 and 12 will
survive any termination of this Agreement.
14. Message
Center Policies
(a) Brickinfo.org
does not and cannot monitor each and every message posted in the
message Center.
(b) Brickinfo.org
is not responsible for any message posted, and does not vouch
for or warrant the accuracy, validity, completeness or
usefulness of any message. The messages express the views of
their authors, not necessarily the views of Brickinfo.org.
(c) By
posting in the Message Center, you agree:
Many areas
of Brickinfo.org are
"public", such as our Message Center. By submitting
content in these public areas, you grant to Brickinfo.org
the complete right to use, reproduce, modify, distribute, etc.,
the content in any part, anywhere. Although Brickinfo.org
is not responsible for the content of these messages, we at Brickinfo.org
reserve the right to delete any message for any reason or no
reason whatsoever. You remain solely responsible for the content
of your messages, and you agree to indemnify and hold harmless Brickinfo.org
and its agents with respect to any claim based upon transmission
of your message(s). We at Brickinfo.org
also reserve the right to reveal your identity (or whatever
information we know about you) in the event of a complaint or
legal action arising from any message posted by you. Brickinfo.org
may delete any and all information, communications, postings, or
web pages for online conduct that Brickinfo.org
believes is harmful to other members or users of this web site,
the business of Brickinfo.org or
other third-party information providers.
(d) Brickinfo.org
reserves the right to end a discussion or lock a thread if we
feel that the discussion has become unproductive or combative,
or if the topic is unnecessarily dominating the message center. Brickinfo.org
reserves the right to lock a thread if there have been no
messages in it for 30 days.
15.
Community Guidelines
(a) Brickinfo.org
takes pride in its community. We are protective of this
community and want it to thrive and grow. For this reason, we
have implemented the Community Guidelines, which are outlined
below. These guidelines explain what you can expect of Brickinfo.org,
as well as the kind of online behavior we expect of you.
(b) The
number one guideline to be followed at all times is "treat
others as you would like to be treated yourself." Abuse of
other members will absolutely not be tolerated.
(c) Also,
remember that community standards are always evolving. It is
important that you periodically check this document for
alterations and updates. It's all part of taking pride in and
protecting the Brickinfo.org
community. Thanks for doing your part.
(d) Online
conduct should be guided by common sense and basic etiquette.
You will be considered in violation of our Community Guidelines
if you do any of the following:
Use strong
vulgar language, crude or explicit sexual references, demeaning
racial or ethnic remarks, and/or hate speech. Post any material
which is knowingly false and/or defamatory, or invasive of a
person's privacy. Harass, threaten, or intimidate another
member. During debate or disagreement, always address the issue
at hand, not the individual. Create multiple accounts for use on
Brickinfo.org. Post, transmit, or
distribute illegal content. Post, transmit, or distribute
copyrighted or trademarked content without authorization.
Impersonate another member or individual. Impersonating a
member, celebrity, Brickinfo.org
employee, or administrator/moderator will result in immediate
expulsion from the community. Attempt to access other members'
passwords, account information, or private information.
Collect member information via Brickinfo.org's
member information retrieval function. The use of such
information for the purpose of sending unsolicited bulk e-mail
is strictly prohibited. Engage in unsolicited email spamming of Brickinfo.org
members or message forums. Promote chain letters and pyramid
schemes, illegal or not, in the Brickinfo.org
message center or via private email to our members. Advertise
products or services in Brickinfo.org's
Message Center or to our members. This includes (but is not
limited to) auction sites and auction related discussion forums.
16.
Moderation and Enforcement of Guidelines
(a)
Moderation messages will be public. This is not done to
embarrass or upset the poster but, rather, to serve as a
learning experience for all users. Similarly, messages will not
be deleted unless they are obscene, invasive of a person's
privacy, or otherwise in gross violation of our guidelines. The
poster will be warned in the same thread, with the relevant
portion of the message quoted as necessary. The poster, of
course, always retains the option of editing their initial
message.
(b)
Moderations will follow a three step process:
Informal
Warning. This may or may not contain those words but is a
message from the Moderator indicating that you have crossed the
line. Please pay attention to such messages and follow the
Moderator's instructions.
Formal
Warning. If a user has received an informal warning and, in the
next 30 days violates this or another guideline, s/he will
receive a formal warning. Formal warnings may also be issued
immediately for gross violations of the rules, directly
insulting another user, or arguing a moderation call in the
thread.
Suspension.
A user who has been issued a formal warning and again violates
Community Guidelines will receive a 30 day suspension.
Suspensions are automatic, but may be appealed via email. We
reserve the right to issue a suspension for blatant attempts to
disrupt the forum, use of multiple Ids in any Message Center
forum, or if in the opinion of the Moderator, such an action is
required to ensure the safety, comfort and/or enjoyment of the
forum by other users. Continued violation of Brickinfo.org
Community Guidelines after suspension may result in permanent
expulsion.
17.
Miscellaneous.
(a) Entire
Agreement. This Agreement constitutes the entire agreement
between you and Brickinfo.org
with respect to the Services and supersedes all other
agreements, contemporaneous and prior, between you and Brickinfo.org
with respect to the Services.
(b)
Nonwaiver. Brickinfo.org's
failure to enforce any provision of this Agreement will not be
construed as a waiver of any provision or right.
(c)
Amendment. Brickinfo.org can
revise these Terms and Conditions by updating this posting. No
amendment or modification hereof will be valid or binding upon
either party unless assented to by Brickinfo.org.
(d)
Severability. In the event that a portion of this Agreement is
held unenforceable, the unenforceable portion will be construed
in accordance with applicable law as nearly as possible to
reflect the original intentions of the parties, and the
remainder of the provisions will remain in full force and
effect.
(e) No
Estoppel. Waiver by either party of a breach of any provision of
this Agreement or the failure by either party to exercise any
right hereunder shall not operate or be construed as a waiver of
any subsequent breach of that right or as a waiver of any other
right.
(f) Act of
God. Brickinfo.org will not be
liable in any amount for failure to perform any obligation under
this Agreement if such failure is caused by the occurrence of
any unforeseen contingency beyond the reasonable control of such
party including without limitation Internet outages,
communications outages, fire, flood, war or act of God.
(g) No
Obligation to Monitor. Brickinfo.org
does not have any obligation to monitor use of the Services, but
Brickinfo.org may do so and may
also disclose information regarding your use of the Services to
satisfy laws, regulations or other government requests.
18.
Contacting Us. You may contact Brickinfo.org
at 1850 Centennial Park Drive, Suite 301, Reston, Virginia 20191,
United States of America. Telephone: 703.620.0010 Fax:
703.620.3928.
THANK YOU
FOR VISITING AND USING THE BRICKINFO.ORG
WEB SITE. WE APPRECIATE YOU AS A CUSTOMER.
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