These Terms of Use apply to all websites that are owned, operated, and maintained by or for BND Ventures Inc ("we," "us," or "our") such as www.brickunderground.com and other websites on which these Terms of Use are linked ("Site") as well as your use of the services we provide and other transactions and engagements you might have with us such as your participation in our email newsletter program (collectively, "Services").
1. General Provisions
These Terms of Use together with the Privacy Policy (collectively, "Terms") set forth the legally binding terms governing your use of the Site and Services unless you enter into a separate agreement with us for specific Services or in respect of specific transactions.
By entering this Site or using the Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site or the Services if you do not agree to be legally bound by these Terms. The Site and Services are intended for use only by citizens and legal permanent residents of the United States of America residing within the United States of America 18 years of age or older.
We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Site or Services. All changes are effective immediately upon posting of the updated Terms to the Site.
2. User Guidelines
You agree that you will not use the Site or Services to transmit communications that:
Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person
Contain material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory
Are used to commit fraud, engage in criminal activity, or violate any applicable law
Infringe upon intellectual property rights
Contain viruses, malware, or other harmful code
3. Intellectual Property Rights
The Site and Services, including all content, features, functionality, information, software, text, displays, images, video, audio, design, presentation, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You acknowledge and agree that the Site and Services, and all information and materials appearing therein, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, reverse engineer, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site or Services.
4. Digital Millennium Copyright Act Notice
If you believe that any material on this Site infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at:
BND Ventures Inc
Attn: Legal Affairs
169 Madison Ave, Ste 11018
New York, New York 10016
Email: info@brickunderground.com
BND Ventures Inc
Attn: Legal Affairs
169 Madison Ave, Ste 11018
New York, New York 10016
Email: info@brickunderground.com
We require that you provide a written or email notice. In your notice, please include:
Your physical or electronic signature
Identification of the copyrighted work you claim to have been infringed
Identification of the material that you claim to be infringing, and where the material is located on the Site
Your address, telephone number, and email address
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law
A statement, under penalty of perjury, that the information in your notice is accurate
5. Limitation of Liability
In no event will we or our affiliates, vendors, service providers, officers, directors, owners, employees, contractors, or agents be liable for any indirect, consequential, exemplary, special, incidental, or punitive damages or lost revenue, lost profits, loss of goodwill/reputation, or lost anticipated business (even if we have been advised of or could have anticipated the possibility of such damages) arising from or relating to these Terms, the Site, or the Services, regardless of the form of action or theory of liability.
Our aggregate liability for any liabilities, losses, costs, damages, and expenses associated with any claim or action related to, in connection with, or arising under these Terms, the Site, or the Services, regardless of the form of action or theory of liability, will not exceed one hundred dollars ($100).
6. Governing Law
The Terms are governed according to the laws of the State of New York, without regard to its conflicts of law principles. All claims, disputes, and suits must be brought solely in the state or federal courts located in New York, New York and the parties agree to the jurisdiction thereof.
7. Indemnity
You will defend, indemnify, and hold us and our affiliates, vendors, service providers, officers, directors, owners, employees, contractors, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including reasonable attorneys' fees and expenses) arising out of or related to any breach or alleged breach of these Terms by you, your violation of any applicable law or regulation, your negligence or willful misconduct, or your Content.
8. Links
The Site or Services may contain links to or be accessed through links that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for those sites. Your linking to any other off-Site pages or other sites is at your own risk.
9. Force Majeure
We will be excused from failures or delays in delivery or performance of the Site and/or Services, if such failure or delay is attributable to causes beyond our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
10. Feedback
We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, irrevocable, sub-licensable, fully-paid, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.
11. Miscellaneous
The Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable.
Portions of the Terms which by their nature would survive termination of your use of the Site or Services (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties.
Contact Information
If you have any questions about the Site, our Services, or the products we offer, please contact us using the information below or via our Contact Us form.
BND Ventures Inc
169 Madison Avenue, Ste 11018
New York, NY 10016
Email: info@brickunderground.com
BND Ventures Inc
169 Madison Avenue, Ste 11018
New York, NY 10016
Email: info@brickunderground.com