Terms & Conditions
TERMS and CONDITIONS OF USE
Welcome to BrickStory BrickStory (BrickStory.com and BrickStory, LLC) is continually evolving to become the leading repository for stories (and photos associated with those stories) and life events that happened in the places we have lived our lives. Our platform is designed to be used for discovering and enjoy the history of our homes, as well as the experiences we all share with each other in those homes. Before using BrickStory and our solutions (“Websites”), you will need to read and accept these terms. Further, if you access, search, browse or use in any manner, these Websites, you agree to these Terms and Conditions. These Terms and Conditions apply to all Users visiting or registering on or after September 24, 2015.Overview
By visiting, accessing or viewing the Websites, you agree to the following terms and conditions (“Terms” or “Agreement”). You are legally bound by these Terms and this Agreement, which is between you and BrickStory. This Agreement defines your rights and responsibilities as a User of the Websites, which are operated by BrickStory and/or its partners. The Websites are operated in the United States of America. Access to the Websites is governed by these Terms and Conditions under the laws of the State of Michigan and the United States. Registration as a User through and with any of the Websites results in your information being stored and processed in the United States, and you specifically consent to BrickStory’s storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration. Users of the Websites can communicate with other Users in order to view the other User’s historical information and/or images. The Websites and Services provided herein are intended for adults. When a minor uses the Websites, the parent or guardian of that minor will be held responsible for the minor’s actions. These Terms, including all terms, conditions and policies incorporated herein by reference, together with any legal notices published on the Websites, shall constitute the entire agreement between you and BrickStory concerning the Websites. If you don't agree with any of these Terms, or if you have any objections to our Privacy statement you must not use the Services or the Websites.Use of the Websites
All Content found within BrickStory is owned, licensed to and/or copyrighted by BrickStory and may be used only in accordance with this Agreement. BrickStory is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, as well as other copyright laws. The trademarks, service marks and logos contained in the Websites are owned by or licensed to BrickStory. BrickStory retains ownership and title, as well as all other rights and interests in and to all information and Content on the Websites. Given that content is controlled in great part by other Users, Content may intermittently be inaccurate or incomplete. We make no representation that the Content on the Websites is complete, accurate, reliable or error-free. You may access the Websites only personally with an individual browser and may use the Content only for personal or professional research. You may download Content only as search results relevant to that research or where expressly permitted by BrickStory. For example, the download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof is prohibited. Online or other republication of Content is prohibited except as unique data elements that are part of a unique history. Where permitted, the Content may be downloaded onto your computer or device through the use of authorized BrickStory software. When downloaded, the Content remains subject to the limited use license contained in this Agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may use the software provided on the Websites only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. Bots, crawlers, spiders, data miners, scraping and other automatic access tools are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or Services or the Content therein. The licenses granted by BrickStory terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you. BrickStory does not claim an exclusive right to images already in the public domain that it has converted into a digital format. However, the Websites contain images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. By agreeing to these Terms and Conditions, you agree to not reuse these images or documents except for sharing through social sites and giving reference to BrickStory and any other applicable source domain. By using any of the Websites, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (i.e. Intellectual property rights). BrickStory reserves the right to change our policies from time to time, with those policies taking effect the moment they are posted on its Websites.User Issued Content
Portions of the Service and Content on the Websites are submitted by you and other users ("User Provided Content"), to which you may contribute appropriate material. User Provided Content includes, but is not limited to, any information you upload to the Websites, any posts you make on our message boards or community forums, and any comments or suggestions you send to us. For User Provided Content, we are merely hosting and providing access as well as providing tools to post and share content, and we cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that BrickStory believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content). We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, click here. The decision to upload or share User Provided Content on the Websites is your responsibility and you should only submit or share User Provided Content that belongs to you (or where you have obtained all necessary permissions or consents) and that will not violate the rights of others. Be aware that copyright and other intellectual property rights will normally belong to the creator of the material in question and you should not reproduce or submit anything without permission of the owner. By submitting User Provided Content to any of the Websites, you represent and warrant that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). If you submit material to any of the Websites on behalf of a group, organization or business entity, you represent and warrant that you have the right to do so and that you have obtained any consents from the group, organization or business. You agree that you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of the foregoing warranties. Upon our request you agree to furnish BrickStory with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision. By submitting User Provided Content on any of the Websites, you grant BrickStory and its Group Companies a perpetual, transferable, sublicenseable, worldwide, royalty-free, license to host, store, copy, publish, distribute, provide access to create derivative works of, and otherwise use User Provided Content submitted by you to the Websites, to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release BrickStory and its Group Companies from any and all claims, liens, demands, actions or suits in connection with the User Provided Content you submit, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Websites or the Services. BrickStory may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant BrickStory a license to the User Provided Content as described above and BrickStory will own the digital version of documents created by BrickStory as well as any indexed information that BrickStory creates. Except for the rights granted in this Agreement, BrickStory acquires no title or ownership rights in or to any User Provided Content you submit and nothing in this Agreement conveys any ownership rights in such User Provided Content on the Websites. The licenses granted continue for the maximum time permitted by applicable law, even if you stop using the Websites or the Services. You acknowledge and agree that BrickStory may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if BrickStory believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or safety of the Websites, the Users, or the public.Suspense or Termination of Your Account
If we believe, in our sole discretion, that you are in breach of this Agreement and/or are acting inconsistently with its terms, BrickStory may temporarily suspend or terminate your access to the Websites.Communications
BrickStory may contact you through the Websites, phone (where applicable), mail, email or otherwise for the purpose of informing you of changes or additions to the Websites or Services, or of any related products and services. You agree that any notice, agreement, disclosure or other communications we send or make available to you electronically will satisfy any legal communication requirements.Limitation of Liability
We make no express representations or warranties as to the quality and/or accuracy of the Content, the Websites or the Services. We expressly disclaim any implied warranties, conditions and/or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Websites and the Services on an "as is” basis and do not accept responsibility for any use of or reliance on the Websites, Content or Services, or for any disruptions to or delay in the Services. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Websites, Content or Services. BrickStory does not guarantee the adequacy of the Services or Websites or compatibility thereof to your computer equipment, mobile devices, or environment and does not warrant that the Websites, the Services, their servers, or any emails which may be sent from us. BrickStory makes no representation or warranty that any goods, services, information, data, or data transfer of any third-party provider (including, without limitation, internet service providers) in any respect with the specifications, systems, software, or services under this agreement including any implied warranty of merchantability and any warranty of fitness for intended use or particular purpose. BrickStory will have no responsibility or liability whatsoever for any interruption of services provided under this agreement or any allegedly defective services due to any act or omission, or failure or condition, of any such third-party service provider or of client.
BrickStory has the right, at its sole discretion, to modify this Agreement, as well as the Websites, Content, and the Services, at any time.
We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, are non-transferrable. There shall be no third-party beneficiaries to this Agreement.
In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Websites, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by BrickStory.
Choice of Law
This agreement and all disputes arising hereunder will be governed and construed in accordance with the laws of the state of Michigan without regard to choice of law principles. Each of the parties consents to the exclusive jurisdiction of the Oakland County circuit court, in connection with any action or proceeding arising out of this agreement.