|This Agreement describes the terms and conditions applicable to your use of our services at BrickLink.com. By registering as a Member, you accept the terms and conditions of this agreement. This agreement may be changed or added to at any time. The new or changed terms will automatically be effective 30 days after they are initially posted. As used herein, reference to BrickLink and BrickLink.com includes the website owner, employees and agents.
Our services are available only to individuals and firms who can form legally binding contracts under applicable law. If you cannot form a legally binding contract under the law of your respective country or state, do not use this service. Each individual or firm is eligible to have only 1 profile on this system. You cannot transfer or sell your BrickLink account (including your BrickLink feedback) to another party. You agree to provide accurate, current, and complete information about you and/or your business, and you agree to maintain and promptly update all information about you and/or your business. You agree to maintain the security of your username and password. You acknowledge and agree that you are fully responsible for all use of your membership account, whether authorized or not, and for any actions that occur using your membership account.
Becoming a member on BrickLink.com is free. BrickLink.com only levies a fee to a seller based on the final dollar amount of all orders received during the period of each month. Our Fees & Billing Policy is incorporated into this agreement by reference.
We may in our sole discretion add, delete or change some or all of our services at any time. BrickLink.com acts as the venue for sellers to sell LEGO® related items and for buyers to buy sellers' items. We are not involved in the actual transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have purchased. Because we do not and cannot be involved in member-to-member dealings you agree to release BrickLink.com from claims, demands and damages of every kind in connection with your use of the site.
If you place an order in a store, you are obligated to complete the purchase.
If you have a store and receive a valid order then you are obligated to complete the transaction.
- Customer Information / Privacy:
- User Generated Content:
By uploading any content to the Site, you grant to BrickLink an irrevocable, a perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right to use your content in any manner as BrickLink deems appropriate in relation to the operation of the Site. You confirm and warrant to BrickLink that you have all the rights, authority and power necessary to grant such right to BrickLink and the content uploaded by you will not infringe upon the right of any party. If there is any reported violation that the content uploaded by you has infringed upon the right of any party and if BrickLink determines that such report is made on reasonable grounds, BrickLink may take necessary measures to address the reported violation by taking down the uploaded content. You may request for reinstatement of the upload by evidencing that you are the lawful owner of the rights to the content.
- User Obligations for the Content/Data:
You acknowledge and agree not to distribute, disclose, upload, or transfer to any third party any content or data you receive from or which is displayed on the Site, which includes but is not limited to the inventory data files in the form of XML, CVS, or Tab-Delimited format, except when this is required for the operation of your BrickLink store.
We reserve the right to terminate your membership, delete all of your data and deny you access to any or all of your data stored at BrickLink.com if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. We also reserve the right to terminate your membership, delete all of your data and deny you access to any or all of the site's features at any time for any reason without prior notice.
- Site Availability:
The site will be unavailable each day for 10 minutes between 00:00 and 00:10 EST for scheduled maintenance. It may also be temporarily unavailable once every week up to 3 hours.
- No Warranty:
BRICKLINK OFFERS THE SITE CONTENT AS-IS AND AS AVAILABLE AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE SITE CONTENT BY BRICKLINK. BRICKLINK MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND CONCERNING THE SITE CONTENT, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. BRICKLINK IS NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED. AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF IDENTITY OR UNAUTHORIZED ACCESS TO A SUBSCRIBER, OR ALTERATION THEREOF.
- Limit of Liability:
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL BRICKLINK BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF THE SITE CONTENT, EVEN IF BRICKLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BrickLink’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID FOR YOUR USE BY YOU TO BrickLink.com, BUT IN NO CASE WILL BRICKLINK’S LIABILITY EXCEED $100. YOU ACKNOWLEDGE AND AGREE THAT IF NO FEES ARE PAID TO BrickLink.com FOR SITE USE OR SERVICE, YOUR AVAILABLE RELIEF SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BrickLink.com
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR RIGHTS.
- General Compliance with Laws:
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and sale of items.
Except as explicitly stated otherwise, any notices shall be given through the Help Desk.
- Notice for Claims of Copyright Infringement
- Notice. If you are copyright owner or an agent thereof and believe that any content on this site infringes upon your copyrights, you may submit a notification to our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
- Copyright Agent. BrickLink’s agent to receive DMCA notifications is through our Help Desk. Bricklink.com LLC holds the copyright on material appearing on its website, www.bricklink.com. Any unauthorized or commercial use of that material without written permission from Bricklink.com is strictly prohibited.
- Exchange Rates:
LEGO® is a registered trademark of the LEGO Group of companies which does not sponsor, authorize or endorse this site. The word "LEGO" is not allowed to be used in store name. Bricklink® is a registered trademark of BrickLink.com.
The following documents are incorporated by reference:
Fees & Billing Policy
Buying and Selling Offenses
Customized E-Mail Policy
Discussion Forum & Chat Rules
Feedback Removal Rules
Item Listing Policy
Order Cancellation Policy
Purging Old Data Policy
Web Robots / Spiders Policy
Exchange Rate Policy
This agreement together with all our policies are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region without respect to its conflict of laws principles. You agree that: (i) the Site Content shall be deemed solely based in Hong Kong Special Adminstrative Region; and (ii) the Site Content shall be deemed a passive website that does not give rise to personal jurisdiction over BrickLink, its owners or agents, either specific or general, in jurisdictions other than the Hong Kong Special Administrative Region. If any provision of this agreement or policies shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
|This document was last updated on Sep 11, 2013 10:04 by Admin|