BONFIT AMERICA, INC. (BRUSHT.COM) TERMS OF SERVICE
IMPORTANT! PLEASE READ CAREFULLY. These Terms of Service are a legal agreement between you and BONFIT AMERICA, INC. (alternatively referred to as "BRUSHT.COM," "We," or "Us") and spell out the terms and conditions to which users of the BRUSHT.COM Web site (the "Site") are expected to adhere. Please read it carefully before using the Site, because by clicking "I Agree" or by using the Site, you agree to be bound by its terms as well as the terms of our Privacy Statement which is hereby incorporated by reference into these Terms of Service. If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use this Web site. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.
1. BRUSHT.COM CONTENT AND USER SUBMISSIONS
1. The contents of the BRUSHT.COM Internet service ("the Service") are intended for the personal, noncommercial use of its users. All materials published on the Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and any and all other applicable intellectual property laws, and are owned or controlled by BONFIT AMERICA, INC.. or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
2. The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
3. You may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary rights notices.
4. You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with this Site or our Services ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive any and all moral rights you may have in any materials uploaded by you.
5. If you believe that the content of any Submission provided by you has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:
an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on this Site is:
By postal mail:
Intellectual Property Counsel
BONFIT AMERICA, INC.
5741 Buckingham Parkway, Unit A
Culver City, CA 90230
By telephone: 310.204.7880
By fax: 310.204.7884
By email: customerservice@Bonfit.COM
2. FORUMS AND DISCUSSIONS 1. This Site makes available chat rooms, forums, message boards, and/or news groups to its users ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through the Service any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums within the Site and the Services available therein are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. BRUSHT.COM does not endorse the opinions placed on these Public Forums. You acknowledge that any Submissions (e.g. Letter to the Editor, Review or Commentary) may be reproduced, published, transmitted and displayed by BRUSHT.COM in any manner, pursuant to Section 1.4, above.
2. The Public Forums shall be used only in a noncommercial manner. You shall not, without the prior written approval of BRUSHT.COM, use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services that are competitive with BRUSHT.COM and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.
3. While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, BRUSHT.COM reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.
3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
1. The Site contains links to other related World Wide Web Internet sites, resources, and sponsors of BRUSHT.COM. Selection of an ad banner or link will redirect you off of the Site to a third party Web site. Interactions that occur between you and the third party are strictly between the you and such third party and are not the responsibility of BRUSHT.COM. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. BRUSHT.COM does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.
4. REPRESENTATIONS AND WARRANTIES
1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or BRUSHT.COM's use thereof in accordance with the terms and conditions of these Terms of Service, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold BRUSHT.COM and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. BRUSHT.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of BRUSHT.COM without BRUSHT.COM's prior written approval.
2. BRUSHT.COM neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. THE SITE, THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY BRUSHT.COM OR THIRD PARTIES THROUGH THE SITE AND THE SERVICE ARE PROVIDED "AS IS." BRUSHT.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. BRUSHT.COM DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES AVAILABLE THEREIN WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE.
3. You hereby acknowledge that the use of the Site and the Services available therein is at your sole risk.
5. Limitation of Liability
1. BRUSHT.COM SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY BRUSHT.COM OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF BRUSHT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
2. To the fullest extent permissible under applicable law, BRUSHT.COM's aggregate liability, and the aggregate liability of our licensors, to you or any third parties in any circumstance is limited to One Hundred U.S. Dollars ($100).
6. SOFTWARE LICENSES
1. You acknowledge and agree that you shall have no rights to the proprietary software and/or any related documentation, enhancements or modifications thereto, provided to you to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted to you by BRUSHT.COM, and any attempt at such sublicense, assignment or transfer is void. You may make one (1) copy of such software for archival purposes only. You may not copy, distribute, modify, reverse, engineer or create derivative works from the Access Software.
7. System Integrity
1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
1. BRUSHT.COM may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Service for any or no reason, including, without limitation, breach of these Terms of Service or the infringement of copyrights owned by third parties.
2. BRUSHT.COM, including, without limitation, its authorized agents and employees may terminate your use of the Site without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any BRUSHT.COM event or (ii) attempting to alter or improperly access any feature or function of the Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Site or BRUSHT.COM employee; post content (including, but not limited to, the creation of usernames) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a BRUSHT.COM employee or other individual.
9. Risk of Loss
1. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
10. Product Descriptions
1. BRUSHT.COM and its affiliates attempt to describe all of the products on the Site as accurately as possible. However, BRUSHT.COM does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current or error-free. If a product offered on our Site itself is not as described, your sole remedy is to return it in unused condition.
1. This Agreement has been made in and shall be construed and enforced in accordance with New York law without regard to any conflict of law provisions. BRUSHT.COM makes no representation that the Content in this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this agreement shall be brought in the federal or state courts located in New York, New York.
2. Official correspondence must be sent via postal mail to:
BONFIT AMERICA, INC..
Attention: General Counsel
5741 Buckingham Parkway, Unit A
Culver City, CA 90230
3. These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and BRUSHT.COM with respect to your access and use of the Site and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and BRUSHT.COM with respect to this Site or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intention of the parties, and the remaining provisions shall remain in full force and effect. BRUSHT.COM may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of BRUSHT.COM or (iii) in connection with the sale of this Site or the business unit associated with this Site.
WHAT INFORMATION IS COLLECTED
We group the collection of user information into two categories: personal, which is information identifiable to a specific member, and aggregate, which is general demographic information that does not identify any individual member. Personal information may include your name, email address, mailing address, credit card information and phone number. We may also collect certain demographic information such as your site preferences, age, gender, geographical location, language, time zone, income and education (some of the information we ask for may be optional). Bonfit America, Inc. may use or disclose aggregate information for any purpose.
HOW WE USE YOUR INFORMATION
We collect personal information to make our services related to this Site (“Services”) more rewarding for you to use, including billing, shipping and tracking your orders. If we have any questions or concerns regarding your order, we may use this information to contact you. We also use this information for internal purposes, such as studying our customers' preferences and improving the customers' experiences. We may also use your information to contact you for promotional purposes. We also may use this information to provide customer service to you. If you enter into a sweepstakes, contest, or similar promotion, we may use the information you provide to administer those activities. We may combine information about you with information from other sources in order to improve the quality of our services.
We also receive and store certain personally non-identifiable information, which is collected passively using various technologies, and cannot presently be used to specifically identify you. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors' Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve you, we often conduct research on customer demographics, interests and behavior based on the personal information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. We may share this non-identifiable and aggregate data with affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.
HOW IS THIS INFORMATION SHARED:
There are certain circumstances in which we may share your personal information with certain third parties without further notice to you, as set forth below:
COOKIES AND WEB BEACONS
Web beacons, or clear gifs, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages. Web beacons help us better manage content on our Site by informing us what content is effective. We do not tie the information gathered by web beacons to your personal information.
The security of your personal information is important to us. When you provide sensitive information (such as a credit card number), we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee the absolute security of such information. If you have any questions about security on our Site, please contact us as indicated below.
We may occasionally send you newsletters and emails regarding special offers, promotions, features and/or product updates. We may also communicate with you on behalf of third parties about special offers, promotions, features and/or product updates we think may be of interest to you, or you may have opted-in to receive newsletters or special promotions from one of our trusted third party providers. If you decide you do not wish to receive these communications, you may opt-out by clicking the unsubscribe link or by following the instructions included in the communication. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications.
LINKS TO OTHER SITES
UPDATING OR DELETING YOUR ONLINE ACCOUNT INFORMATION
You may update or correct your online account information at any time by logging into your account and navigating to the "My Account" page or by contacting us. You can also contact us by phone if you wish to deactivate your account, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
CHILDREN UNDER 13
Children under 13 may view this Site, but they cannot make a purchase or provide any personal information. This Site is not designed for children and we do not wish to collect personal information from children under 13. If you register with us and we discover that you are under 13, we will delete your account. You must be 18 or over to purchase any products from this Site. If a child under the age of 13 has provided us with personally identifiable information online, we ask that a parent or guardian contact us.
If you are a California resident and have an established business relationship with us, you can request a notice disclosing the categories of personal information we have shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year. To request a notice, please submit your request to Bonfit America, Inc., Inc., Attn: Customer Service, 5741 Buckingham Pkwy, Suite A, Culver City, CA 90230.
ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
You have the right to access, correct or delete personal data which has been provided to Bonfit America, Inc. At any time, you may update or correct your online account information by logging into your account and navigating to the "My Account" page or by contacting us. You may also delete your personal data by contacting us to deactivate your account, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Bonfit America, Inc.
Attn: Customer Service
5741 Buckingham Pkwy, Suite A
Culver City, CA 90230