These Terms and Conditions govern your use of the Site and the information and services made available on and through the Site.
I. TERMINATION OF ACCESS
The use of this Site and its services is a privilege. We reserve the right to suspend your use of this Site for any reason at any time, in our sole discretion.
For the purposes of these Terms and Conditions, the following definitions apply:
“Content” includes all Text, Graphics, Design and Programming used on the Site.
“Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.
“Graphics” includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
“Design” includes the color combinations and the page layout of the Site.
“User” refers to any individual who uses any aspect of the Site or its services.
“You” refers to the person accessing the Site and agreeing to these Terms and Conditions.
III. INTELLECTUAL PROPERTY RIGHTS
All Contents on the Site is the sole property of Bric’s or its respective owners, or licensors as indicated, and is protected by U.S. copyright and international treaties. We authorize you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Site, as well as any Graphics.
The “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright law. All product names, names of services, trademarks and service marks (“Marks”) are the property of Bric’s or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
IV. ACCEPTABLE USE OF THE SITE
The Site and its services are intended to facilitate the offering for sale of clothing and products of third parties. The Site may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Site. The information displayed on the Site may not be used for any purpose except in connection with your direct use of the Site as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of the Site is also subject to the following restrictions:
a. You may not send unsolicited commercial eMail to Users. In addition, spam, chain eMails, advertising solicitations and similar eMail solicitations are expressly prohibited;
b. You may not delete, edit or revise any material posted by any other person or entity. You may not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms and Conditions.
c. You may not interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the Site by any Users.
V. LIMITATIONS ON INFORMATION SUBMITTED
Any submission of information to us through the Site is subject to the following guidelines and restrictions:
a. It may not contain URLs or links to any Internet Web sites (To advertise your company or Web site, contact our Sales department);
b. It may not contain copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material);
c. It may not contain trade secrets (unless you own them or have the owner’s permission to post them);
d. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights;
e. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
f. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
g. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
h. You may not solicit money, investments or make any offering of securities or investments;
i. You may not submit chain letters or pyramid schemes;
j. You may not submit opinions or notices, commercial or otherwise;
VI. MONITORING OF INFORMATION
We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, we may in our discretion review information submitted to the Site for any purpose whatsoever and we reserve the right, in our sole discretion, to reject any information submitted to the Site for any reason whatsoever.
VII. RIGHTS TO INFORMATION
VIII. SECURITY RULES
To ensure the security of the Site and of Users, the following security rules govern your use:
a. Protect Your Password
You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. In the event you lose your password or become aware of misuse or unauthorized use of your password, it is your obligation to immediately notify us. We shall have no responsibility for loss or misused passwords or for unauthorized access occasioned by the foregoing.
b. Prohibited Uses:
(i) Accessing data not intended for you or logging into a server or account which the you are not authorized to access;
(ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”;
(iv) Sending unsolicited eMail, including promotions and/or advertising of products or services;
(v) Forging any TCP/IP packet header or any part of the header information in any eMail or newsgroup posting.
Violation of these security rules may result in civil or criminal liability in addition to the termination of your access rights. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
IX. TERMINATION OF ACCESS TO THE SITE
Users who violate these Terms and Conditions may be denied access to the Site at our sole discretion.
X. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Your agreement to the following disclaimers and limitations are a material inducement for us to permit you to access the Site. Your use of the Site, and the obligations and liabilities of us in respect of your use of the Site, is expressly limited as follows:
a. Conduct of Users
We assume no responsibility for the activities or conduct of Users.
b. Third Party Information
The Site displays the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by us on behalf of any third party. In addition, we do not endorse, warrant or otherwise guarantee the substance of any information posted by Users or third parties on the Site. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from the Site. Access to third party websites from the Site is done at your own risk. We do not warranty any products purchased through the Site or purchased in reliance on information obtained from the Site. Warranties on purchased products, if any, are provided by the product’s manufacturer.
c. Accuracy of Information
We make no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Users, or of any other form of communication engaged in or information exchanged by Users. Information on the Website may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by Users or on any other form of communication with Users will be at your own risk.
d. Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions.
XI. REVISIONS TO THESE TERMS AND CONDITIONS
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website.
XII. CHOICE OF LAW; JURISDICTION
These Terms and Conditions supersede any other agreement between you and BRIC’S USA, Inc., doing business as BRIC’S MILANO and www.bricstore.com, to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions and any dispute arising out of or relating in any way to this website or your interactions with this website will be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating in any way to this website or your interactions with this website will be brought only in the courts of the State of Utah or the United States District Court for the District of Utah, and any action brought elsewhere shall be dismissed or transferred accordingly. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.