Applicable to the Brikk Web sites at the following URL/domain names:
Modification of Site
Brikk may change these Site Terms, or change, modify or withdraw access to, or the content of, this Site and these Site Pages at any time, with or without notice, so you should recheck these Site Terms prior to each visit to or use of this Site. Brikk has posted above the effective date of this version of these Site Terms for your reference.
The content of this Site, including without limitation pricing of products and items sold on this Site (if any), information about mobile phones, and general information about wireless communications, is applicable to products sold in the United States from this Site and not necessarily to products sold in other markets or from other Web sites.
These Site Terms are applicable to this Site and only this Site, and not any other of Brikk or any of its related companies' websites or website-like channels (whether based on technologies such as the Internet, cable, satellite, wireless application protocol (a/k/a WAP), wireless local area network (a/k/a WLAN), Bluetooth (infrared or other similar radio wave technology), wired connection from a local computer, short or smart messaging service (a/k/a SMS) or other subsequently developed technologies), or any other channels or aspects of Brikk's or such companies' business operations.
Restricted Use and Copyrights
The information, photographs, audio and video clips, ringing tones, picture images, graphics, links, architecture, including format, layout and data structures, and other content on this Site are protected in the U.S. and in other countries by a variety of laws, including but not limited to copyright laws and treaty provisions, trademark laws and proprietary rights laws. The images or pictures of Brikk products, people or places are either property of, or used with permission by, Brikk. The use of this Site's text, audio, images or pictures by you, or anyone else authorized by you, is strictly prohibited, except in compliance with these Site Terms. Except for certain Site content that may be owned by third parties, Brikk and/ or its related companies own copyright in the individual elements of this Site's content, as well as in the selection, coordination and arrangement of this Site's content. Reproduction, transfer, distribution or storage of part or all of the contents of this Site in any form without the prior written permission of Brikk is prohibited, except in accordance with these Site Terms. Brikk consents to your browsing this Site on your computer or storing these Site Pages on your computer, or printing copies of extracts from these Site pages, for your personal use only and not for redistribution, unless otherwise consented to in writing by Brikk. The limited consent granted in these Site Terms shall terminate automatically if you breach any of these Site Terms. Upon any such termination, you must immediately destroy any disk loaded copies of these Site Pages, or applicable printed materials. Individual documents in these Site Pages may be subject to additional terms indicated in those documents. Unauthorized use of the materials displayed on this Site may violate copyright, trademark, privacy, publicity and/or communications laws and regulations.
If you want to frame any of these Site Pages or any portion of this Site for access through your Web site, please email Brikk and in the subject line of your email state "Framing Request" and provide any other pertinent information, including a link to your site, so that Brikk can evaluate your request. Brikk reserves the right to withhold its approval of any such framing activities. Brikk will notify you electronically or in writing with approval or disapproval.
BRIKK® and other Brikk product names, logos, commercial symbols, trade names and slogans are trademarks of Brikk Corporation and/or its related companies and are protected by U.S. and international trademark laws. You are prohibited from using any of the marks appearing on this Site without the express prior written consent of Brikk, except as permitted by applicable laws. The other marks and logos shown on this Site may be marks owned by third parties that are not affiliated with Brikk and/or its related companies. Such marks appear for identification purposes only and are the property of their respective companies. Nothing shown on this Site should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this Site without the written permission of Brikk or the third party that may own the trademark, service mark or trade name at issue. Brikk prohibits, without prior Brikk written consent, the use of any Brikk logo or mark as a hyperlink to this Site or any other Brikk Web site.
All of the data contained on this Site relating to third-party products or services, including but not limited to, the prices and the availability of any service, product, product feature, or coverage of service, if any, should be verified with the company supplying the product or service and is subject to change without notice. Brikk reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in, any data contained on this Site. Brikk is not responsible for any loss or damage that is caused by your reliance on any data contained on this Site.
This Site and the contents of these Site Pages are provided as a convenience to you on an "AS IS" and "AS AVAILABLE" basis. Brikk does not warrant that your access to these Site Pages will be uninterrupted or error-free. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE SITE PAGES. NEITHER BRIKK, NOR ANY OF ITS CONTRACTORS INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE CONTENTS OF THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF BRIKK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BRIKK ASSUMES NO RESPONSIBILITY, AND SHALL HAVE NO LIABILITY FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF OR ARISING OUT OF YOUR USE OF OR ACCESS TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF BRIKKIN ANY SUCH CASE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Brikk also incorporates into these Site Terms all of the disclaimers as set forth in the printed version of the user guide corresponding to the respective models of telephones referenced in this Site, including but not limited to the disclaimers of warranties and liability. If you do not have a copy of the appropriate user guide, you may, as applicable, call the Brikk Online Boutique at +1 310 385 7647 or email BeverlyHills@Brikk.com to request one, subject to availability.
Security of Online Transactions
Links; No Endorsement
For your convenience, Brikk may include links to other sites on the Internet that are owned or operated by third parties. When linking to a third-party site, you do so at your own risk and should review and determine if you agree to that site's terms and conditions of use (legal policy) before using such site. You also agree that Brikk has no control over the content of any such sites and cannot assume any responsibility for material posted on or published by third-party sites. In addition, a link to a non-Brikk site does not imply that Brikk endorses the site or the products or services referenced on such third party site. You may link to this Site for non-commercial purposes only.
For all other submissions of information or content by you to this Site, the following terms apply. By submitting information or material (such as feedback, data, text, software, music, sound, photographs, graphics, video, messages, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like, or any other material) to Brikk, for example, by e-mail or via this Site, you license and grant Brikk and its affiliates and sub-licensees a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, copy, modify, adapt, create derivative works from, distribute, and display or publish such content or any concept described in it throughout the world in any media or product, including, without limitation mobile phone products and covers, advertising, marketing and promotional materials, and digital reproductions, without compensation, restrictions on use, acknowledgement of source, accountability or liability, and with waiver of all moral rights and rights of attribution, integrity and identity. With regard to such content submissions, you understand and agree that you are solely responsible for the content submitted and Brikk shall not be liable in any way for such content, and you agree to indemnify and hold Brikk and its affiliates harmless from all claims, liabilities, damages and expenses (including attorneys' fees) resulting from the content you submit to this Site if any third party takes action against Brikk in relation to such content, including without limitation for alleged infringement of intellectual property rights or any injury to persons or tangible or intangible property. Additionally, with regard to content submissions, you agree that:
(a) You will not post, publish, transmit, distribute, or upload any information through this Site that is unlawful or fraudulent, or violates any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others. In connection therewith you represent and warrant to Brikk that your content does not infringe the trademarks, copyrights, patents, or other intellectual property rights of any third parties;
(b) The content will not contain any material that is unlawful, libelous, slanderous, defamatory or invasive of another person's privacy, or that Brikk may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication;
(c) You will not, without first using reasonable efforts to scan and remove any viruses or any contaminating or destructive features before submitting any content to this Site, post, publish, transmit, distribute, or upload any information through this Site that contains a virus, Trojan horse, "sniffer" routines, backdoors, worms, time bombs, bots, or any other harmful software code, file, program or programming routine or other contaminating or destructive features;
(d) You are the author and own the content or have the unlimited right to provide it to Brikk;
(e) You agree not to take action against Brikk in relation to content that you submit;
(f) Your content submission shall not cause injury or harm to any persons or entities;
(g) You will not use this Site to "stalk" or harass another person;
(h) Your use of this Site will not compromise the security or integrity of Brikk's computer systems, networks or Web sites or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this Site or its infrastructure, or using any, computer programming routine, file or device to damage or interfere with the operation of this Site;
(i) You will not post, publish, transmit, distribute, or upload through this Site any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, "junk mail", "spam", pyramid schemes or any other solicitations or communications, including without limitation spamming Brikk or other Site users, or use or collect Site user e-mail addresses or other user information or postings, or use this Site to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to Brikk or any site visitor's computer system;
(j) You will not register with or otherwise use a false name or identity, impersonate any person or entity, including without limitation Brikk personnel, falsely state or otherwise misrepresent your affiliation with a person or entity, use another users password (if applicable), forge headers or otherwise manipulate identification information to falsify or disguise the origin of content, or falsify or misrepresent any content with respect to submissions to this Site; and
(k) You will follow all applicable laws and regulations applicable to your use of this Site. Such laws and regulations include, without limitation, those governing copyright, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Brikk does not and cannot monitor and review the content posted, if any, by users on this Site, and is not responsible for such content. However, Brikk may at any time at its discretion remove any content posted by users. Brikk asks that you closely review and utilize the submission requirements stated in the "Privacy and Submissions" section above.
Brikk respects the intellectual property rights of others and asks you and all users of this Site do the same. Please make special note that only the copyright owner of a musical composition (usually the original composer or the applicable licensing company) or related digital file may give you permission to use such musical composition as a mobile phone ring tune. Without such permission, you may be found liable for copyright infringement.
Brikk can make no representation or warranty or assist you in determining whether you have rights to utilize the content you submit to this Site. You may not commercially exploit copyrighted materials or works without first obtaining the appropriate permission or authorization from the rights holder. Brikk is not responsible for ensuring that appropriate rights have been secured.
If you are having difficulty deciding whether your content or work infringes another's intellectual property rights or is otherwise inappropriate for submission to this Site, Brikk strongly encourages you to seek competent legal counsel before submitting the content in question.
Copyright Infringement Claims
Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to Brikk's designated copyright agent ("Designated Agent").
To be effective, the notification must include the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(2) Identification or description of the copyrighted work claimed to have been infringed;
(3) Identification or description of the material that is claimed to be infringing and information reasonably sufficient to the Designated Agent to locate the material;
(4) Your name, address, telephone number, e-mail address and any other information which will permit the Designated Agent to contact you;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Software and other materials that may be available on this Site may also be subject to United States Export Administration Regulations. Diversion contrary to U.S. law is prohibited. You agree that you shall comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any software, product or technical data received in connection with your use of this Site in violation of any such restrictions, laws or regulations, or without all necessary approvals. You agree that you shall not export any downloadable software product available that may be available on this Site to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such U.S. or foreign law or regulation. By downloading or using any such downloadable software product, you agree to comply with these terms and conditions. (For your information, the United States export laws currently prohibit the export of certain technical data and software into Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria, or any national or resident of those countries, or to anyone on the United States Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Deny Orders or any Executive Orders naming additional persons or entities.)
As used in these Site Terms, "Brikk" means Brikk, a division of Brikk Inc. Brikk operates and controls this Site from locations within the United States of America, including the New York area. As such, the information contained on this Site hereby is deemed provided in the state of New York and governed by and subject to the laws of New York and, where applicable, U.S. federal law.
Brikk is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Brikk may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective 01 October 2011.
What we collect
We may collect the following information:
- name and job title - contact information including email address - demographic information such as postcode, preferences and interests - other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping. - We may use the information to improve our products and services. - We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. - From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests. - Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer"s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at email@example.com We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please email us or write to us at Brikk, Attn: Privacy, 106.5 Judge John Aiso Street, Los Angeles, CA 90012 as soon as possible. We will promptly correct any information found to be incorrect.