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.
Privacy Statement for BRUSHT.COM / BONFIT AMERICA
Contact Information. Some areas of our Site request or require you to provide your contact information (such as your name and email address). Your contact information may be used to communicate with you when necessary with respect to transactions conducted through the Site and material changes in the Site's policies. We may also send you information about our company and/or promotional materials from the Site and some of our partners. We will not sell, share or rent any contact information collected from you except as disclosed in this Privacy Statement. All contact information provided to the Site is maintained on our secure servers.
Financial Information. We collect financial information (such as your credit card information) on an as-needed basis to bill you for products and services you purchase through the Site and to fulfill your orders. If we have trouble processing an order, the contact information discussed above will be used to get in touch with you. We will not sell, share or rent any financial information collected from you except as necessary to fulfill your order. All financial information provided to the Site is maintained on secure servers.
Demographic Information. We collect anonymous demographic information (such as your zip code, gender and age), and may use this data to tailor your experience at our Site, provide content that we think you might be interested in, and display the content according to your preferences. Such demographic information may be shared with partners, market researchers and other third parties on an aggregate, non-personally identifiable basis. No personally identifiable information will be linked to aggregated demographic information.
Internet Protocol Address. We collect an IP address from all visitors to our Site. We use your IP address for purposes of traffic analysis.
Other. We may disclose your personal information in special cases if required to do so by law, court order or other government or law enforcement authority; or when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact or bring legal action against someone who may be causing injury to or interfering with the rights or property of BRUSHT.COM / BONFIT AMERICA, another user or anyone else that could be harmed by such activities.
Email Newsletters. You will have the opportunity to sign up (opt-in) to receive email newsletters and other promotional mailings from us and our partners during registration and at other times when we request your contact information. You may unsubscribe ("opt-out") from receiving future mailings at any time. To view methods for opting-out, please refer to the delist/deactivate section below.
Cookies. The Site uses "cookie" technology to enhance your online experience by making it easier for you to navigate through our Site or to make a feature work better. Cookies are pieces of information that some Web sites transfer to the computer that is browsing that Web site and are used for record-keeping purposes at many Web sites. We do not extract information about individual users or their computers during this process. It is not necessary to accept a cookie to navigate the Site, but you must accept a cookie in order to place products in your shopping cart and make a purchase from the BRUSHT.COM Store.
Consumer Research. We may monitor your use of this service (such as your session time and clickstream data), and use or disclose any such information gathered as part of our evaluation and operation of the Site and the services we make available. We may develop and use, in our sole discretion, consumer research which may be based on your use of such services. All marketing information shall be subject, in all cases, to compliance with the applicable rules and regulations of the Federal Communications Commission, and other relevant laws and regulations, as the same may be amended from time to time. No personally identifiable information will be shared or is linked to consumer research.
Security. We are committed to maintaining the security of your personally identifiable information and have measures in place to protect against the loss, misuse and alteration of the information under our control. All credit transactions occur in a secure area of the Site using Secure Sockets Layer ("SSL") software to process orders. SSL encrypts the information you input on the Site. In addition, all user information is stored in a secure location behind a firewall with limited administrative access.
Public Forums. This Site makes available chat rooms, forums, message boards, and/or news groups to our users. Please remember that any information that is disclosed in these areas becomes public information. You should exercise caution when deciding to disclose your personal information.
Third Party Links. The Site contains links to other 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. BRUSHT.COM / BONFIT AMERICA is not responsible for the privacy practices of such sites. You should make sure that you read and understand the privacy policies of these sites and direct any concerns regarding any external link to the site administrator or Webmaster of that third party Web site.
Correcting/Updating Personal Information. If your personally identifiable information changes or is otherwise incorrect, you may correct, update or remove such personal data by emailing customerservice@Bonfit.COM.
Delete/Deactivate: This Site gives users the following options for removing their information from our database, to not receive future communications or to no longer receive our service:
Send an email to customerservice@Bonfit.COM
BONFIT AMERICA, Inc.