ACCEPTANCE OF TERMS
Brickshelf provides the Brickshelf Gallery and majhost.com
Gallery services to you, subject to the following Terms of Service
("ToS"), which may be updated by us from time to time without notice
to you. You can review the most current version of the ToS at any time
at
http://www.brickshelf.com/terms.html.
DESCRIPTION OF SERVICE
Brickshelf currently provides users with access to a variety of
online resources. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service shall be subject to the
ToS.
YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such
information being 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 Brickshelf has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Brickshelf has the right to suspend or
terminate your account and refuse any and all current or future use of
the Service (or any portion thereof).
BRICKSHELF PRIVACY POLICY
Pursuant to Brickshelf's privacy policy, we may disclose to
third parties certain aggregate information contained in your
Registration Data or related data, provided that, such information
will NOT include personally identifying information, except as
specifically authorized by you or in the good faith belief that such
action is reasonably necessary to comply with the law, legal process,
to enforce the ToS, or under any of the other circumstances set forth
in our privacy policy, as may be amended from time to time. For more
information, please see our full privacy policy at
http://www.brickshelf.com/privacy.html.
The distinct purposes of the galleries are as follows:
BRICKSHELF.COM GALLERY
The purpose of the Brickshelf Gallery service is to showcase
LEGO® fan-created content. You agree that the content you upload
to your Brickshelf.com Gallery folder will be related to LEGO®
products, services or of general interest to the LEGO® fan
community.
MAJHOST.COM GALLERY
The purpose of the majhost.com gallery service is to promote
the sharing of ideas and life experience through images. You agree
to not upload non-image files to your majhost.com Gallery folder.
MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not Brickshelf, are
entirely responsible for all Content that you upload, post or
otherwise transmit via the Service. Brickshelf does not control the
Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You agree to not
use the Service to:
upload, post or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity;
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service
or develop restricted or password-only access pages, or hidden
pages or images (those not linked to from another accessible
page);
upload, post or otherwise transmit any Content that you do not
have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
upload, post or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary
rights of any party;
upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation.
upload, post or otherwise transmit 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;
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
collect or store personal data about other users;
promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or
individual, or promote any act of cruelty to animals. This may
include, but is not limited to, providing instructions on how to
assemble bombs, grenades and other weapons;
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside.
CONTENT SUBMITTED TO BRICKSHELF.COM
Brickshelf does not claim ownership of the Content you upload to
your Brickshelf Gallery folder. By submitting Content to Brickshelf
for inclusion in your gallery folder, you grant Brickshelf the
worldwide, royalty-free, and non-exclusive license to reproduce,
modify, adapt, and publish the Content solely for the purpose of
displaying, distributing and promoting your Brickshelf folder on
Brickshelf's Internet properties. This license exists only for as long
as you continue to be a Brickshelf homesteader and shall be terminated
at the time your Brickshelf folder is terminated. You acknowledge that
Brickshelf does not pre-screen Content, but that Brickshelf and its
designees shall have the right (but not the obligation) in their sole
discretion to refuse or remove any Content that is available via the
Service. Without limiting the foregoing, Brickshelf and its designees
shall have the right to remove any Content that violates the ToS or is
otherwise objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content.
INDEMNITY
You agree to indemnify and hold Brickshelf, and its owners,
agents, co-branders or other partners, and employees (if any),
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your Content,
your use of the Service, your connection to the Service, your
violation of the ToS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or access to
the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Brickshelf may establish general practices
and limits concerning use of the Service.
MODIFICATIONS TO SERVICE
Brickshelf reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that Brickshelf
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
TERMINATION
You agree that Brickshelf, in its sole discretion, may terminate
your password, Brickshelf folder, use of the Service or use of any
other Brickshelf service, and remove and discard any Content within
the Service, for any reason, including, without limitation, for lack
of use or if Brickshelf believes that you have violated or acted
inconsistently with the letter or spirit of the ToS. Brickshelf may
also in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any provision of
this ToS may be effected without prior notice, and acknowledge and
agree that Brickshelf may immediately deactivate or delete your
Brickshelf folder and all related information and files in your
Brickshelf folder and/or bar any further access to such files or the
Service. Further, you agree that Brickshelf shall not be liable to you
or any third-party for any termination of your access to the Service.
LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Brickshelf has no
control over such sites and resources, you acknowledge and agree that
Brickshelf is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on
or available from such sites or resources. You further acknowledge and
agree that Brickshelf shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
BRICKSHELF.COM PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or dvertisers is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by
Brickshelf or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or
the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN"AS IS" AND "AS AVAILABLE" BASIS. BRICKSHELF
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
BRICKSHELF MAKES NO WARRANTY THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS,
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE,
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE,
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM BRICKSHELF OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE ToS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRICKSHELF SHALL NOT BE
LIABLE FOR ANY DIRECT, 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
BRICKSHELF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the ToS or other
matters by displaying notices or links to notices to you generally on
the Service.
GENERAL INFORMATION
The ToS constitute the entire agreement between you and
Brickshelf and govern your use of the Service, superceding any prior
agreements between you and Brickshelf (including, but not limited to,
any prior versions of the ToS). You also may be subject to additional
terms and conditions that may apply when you use affiliate or other
Brickshelf services, third-party content or third-party software. The
ToS and the relationship between you and Brickshelf shall be governed
by the laws of the State of Vriginia without regard to its conflict of
law provisions. You and Brickshelf agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of
Fairfax County, Virginia. The failure of Brickshelf to exercise or
enforce any right or provision of the ToS shall not constitute a
waiver of such right or provision. If any provision of the ToS 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 ToS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the ToS
must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the ToS are for
convenience only and have no legal or contractual effect.