Terms of Service for BrenkoWeb.com
Introduction
Welcome to BrenkoWeb.com. This website is owned and operated by BrenkoWeb LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
This agreement is in effect as of Jan 13, 2016.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. However copying and using our free educational Resources such as articles and tutorials is permitted as long as it is used for educational services.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any BrenkoWeb.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of BrenkoWeb LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
i. You agree to indemnify and hold harmless BrenkoWeb LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Privacy
Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.
Confidentiality
Client records are regarded as confidential and therefore will not be divulged to any third party, other than Brenkoweb.com. Clients have the right to request termination of any records that relate Client itself, even if further explanation hasn't been provided.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services, products and materials.
Cookies
Like most interactive web sites this Brenkoweb's website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from BrenkoWeb LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. BrenkoWeb LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancelation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on BrenkoWeb.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of BrenkoWeb LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by BrenkoWeb LLC.
Material and products (members)
When registering to Brenkoweb.com and / or submitting an article, a tutorial, script or template, a website, or any other material you consent to following rules:
• Everything you stated during registration or submission regarding your profile and account, as well as your submission is true;
• Selling a product (scripts, templates, or other) on BrenkoWeb through our Marketplace engine makes the seller entirely responsible, humanly and legally, for the product's quality and user's experience. Hereby you consent that you, the seller, are responsible for product, it's quality and user's experience, as well as the information under which it is listed; All products being sold MUST be related to Internet and Web development environment;
• Purchasing a third party product (scripts, templates, or other), or visiting a third party website through our advertisement system is solely your responsibility and BrenkoWeb is nor responsible for any possible positive or negative experiences that such action may result in; however BrenkoWeb does work hard to ensure the quality of third party programs that may be running on our website;
• Advertising on BrenkoWeb through our Advertising engine makes the advertiser entirely responsible, humanly and legally, for the ad's quality and user's experience. Hereby you consent that you, the advertiser, are responsible for the ad, it's quality and user's experience, as well as the information under which it is listed;
• Articles and tutorials you submit must be written in English language, are grammatically, punctually and spelling wise correct, and contain no material that is harmful to children, vulgar, profane, lewd, obscene, offensive, pornographic, hateful, threatening, or illegal in any possible way;
• All submitted material will be verified and approved by Brenkoweb.com before made active;
• Upon submission of an material, the material becomes the property of Brenkoweb.com and any further editing, or removal request by the author get reviewed by Brenkoweb.com;
• Brenkoweb.com administration reserves rights to change a submitted material's style, name and body, add or activate a new article, tutorial, listing or other, remove or de-activate an existing one, change the order of appearance, and more;
• Brenkoweb.com administration reserves rights to accept, suspend or reject a member as it sees suited and / or as needed.
Advertisers
BrenkoWeb offers two options for advertisers; these are: "ad rotation by impressions" and "ad rotation by time-basis". The former option let's you, the advertiser, choose for how many page impressions you would like to have your ad being present on our website, while the latter option let's you choose for how many days (regardless of impressions) would you like to keep your ad running.
Sellers
Seller is responsible for all terms, conditions and pricing under which the product marketed at BrenkoWeb Marketplace is being posted. BrenkoWeb currently charges 10% of the posted price and keeps all rights to change the pricing in the futures as needed. Any product already posted will not experience the price change without notifying the seller prior to.
Refunds
To request a refund for a product purchased or advertisement submitted, please contact us via our contact page. The refund of third party product(s) IS NOT GUARANTEED.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Links to our website
If you would like to create a link to a page of this website, for any possible reason, you should do so by asking us for a written or e-mailed permission. If you decided to create a link to a page on this site without our explicit permission, although allowed, you do so on your own risk.
Governing Law
This website is controlled by BrenkoWeb LLC from our offices located in the state of KY, U.S.A.. It can be accessed by most countries around the world. As each country has laws that may differ from those of KY, by accessing our website, you agree that the statutes and laws of KY, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in U.S.A., KY You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, BrenkoWeb LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
BrenkoWeb LLC
1818 Belay Way
Louisville, KY 40245
U.S.A.
or at brenko.web@gmail.com
