| TERMS
AND CONDITIONS OF USE We
have taken every effort to design our Web site to be useful, informative,
helpful, honest and fun. Hopefully we've accomplished that - and
would ask that you let us know if you'd like to see improvements
or changes that would make it even easier for you to find the information
you need and want.
All we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using
our site you automatically agree to them. Naturally, if you don't
agree, please do not use the site. We reserve the right to make
any modifications that we deem necessary at any time. Please continue
to check these terms to see what those changes may be! Your continued
use of the BrickZone.net Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All
Online Materials on the BrickZone.net site, including, without limitation,
text, software, names, logos, trademarks, service marks, trade names,
images, photos, illustrations, audio clips, video clips, and music
are copyrighted intellectual property. All usage rights are owned
and controlled by BrickZone.net. You, the visitor, may download
Online Materials for non-commercial, personal use only provided
you 1) retain all copyright, trademark and propriety notices, 2)
you make no modifications to the materials, 3) you do not use the
materials in a manner that suggests an association with any of our
products, services, events or brands, and 4) you do not download
quantities of materials to a database, server, or personal computer
for reuse for commercial purposes. You may not, however, copy, reproduce,
republish, upload, post, transmit or distribute Online Materials
in any way or for any other purpose unless you get our written permission
first. Neither may you add, delete, distort or misrepresent any
content on the BrickZone.net site. Any attempts to modify any Online
Material, or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying
it, is considered licensed to you by BrickZone.net or third-party
licensors for your personal, non-commercial home use only. We do
not transfer title of the software to you. That means that we retain
full and complete title to the software and to all of the associated
intellectual-property rights. You're not allowed to redistribute
or sell the material or to reverse-engineer, disassemble or otherwise
convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information
that you send to BrickZone.net through our site (other than information
we promise to protect under our privacy policy becomes and remains
our property, even if this agreement is later terminated.
That means that we don't have to treat any such submission as confidential.
You can't sue us for using ideas you submit. If we use them, or
anything like them, we don't have to pay you or anyone else for
them. We will have the exclusive ownership of all present and future
rights to submissions of any kind. We can use them for any purpose
we deem appropriate to our BrickZone.net mission, without compensating
you or anyone else for them.
You acknowledge that you are responsible for any submission you
make. This means that you (and not we) have full responsibility
for the message, including its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability
BrickZone.net WILL NOT BE LIABLE FOR ANY DAMAGES OR INmRY THAT ACCOMPANY
OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED
BY ANY:
• USE OF (OR INABILITY TO USE) THE SITE
• USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK
FROM OUR SITE
• FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED
OR DESIRED. ERROR ON OUR SITE
• OMISSION ON OUR SITE
• INTERRUPTION OF AVAILABILITY OF OUR SITE
• DEFECT ON OUR SITE
• DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
• COMPUTER VIRUS OR LINE FAILURE
• PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR
INJURY
- DAMAGES REASONABL Y EXPECTED TO RESULT FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY
FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL
DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR BOTH.
EXCEPTION:
CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY
FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES.
IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY
WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO
RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES
ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED
BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER
ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU
PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Sites
We sometimes provide referrals to and links to other World Wide
Web sites from our site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered
at sites you can access through our site. If in doubt, always check
the Uniform Resource Locator (URL) address provided in your WWW
browser to see if you are still in a BrickZone.net-operated site
or have moved to another site. BrickZone.net is not responsible
for the content or practices of third party sites that may be linked
to our site. When BrickZone.net provides links or references to
other Web sites, no inference or assumption should be made and no
representation should be inferred that BrickZone.net is connected
with, operates or controls these Web sites. Any approved link must
not represent in any way, either explicitly or by implication, that
you have received the endorsement, sponsorship or support of any
BrickZone.net site or endorsement, sponsorship or support of BrickZone.net,
including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You
may terminate this agreement at any time, by destroying all materials
obtained from all BrickZone.net Web site, along with all related
documentation and all copies and installations. BrickZone.net may
terminate this agreement at any time and without notice to you,
if, in its sole judgment, you breach any term or condition of this
agreement. Upon termination, you must destroy all materials. In
addition, by providing material on our Web site, we do not in any
way promise that the materials will remain available to you. And
BrickZone.net is entitled to terminate all or any part of any of
its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States,
you are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced
in accordance with the laws of the Indiana, as it is applied to
agreements entered into and to be performed entirely within such
jurisdiction.
To the extent you have in any manner violated or threatened to violate
BrickZone.net and/or its affiliates' intellectual property rights,
BrickZone.net and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of
Indiana, and you consent to exclusive jurisdiction and venue in
such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try
to resolve it with the help of a mutually agreed-upon mediator in
the following location: Porter County. Any costs and fees other
than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: Porter County, under the rules of the
American Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with jurisdiction
to do so.
BrickZone.net may modify these Terms of Use, and the agreement they
create, at any time, simply by updating this posting and without
notice to you. This is the ENTIRE agreement regarding all the matters
that have been discussed.
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