Terms of Use
SECTION 16 CONTAINS A BINDING ARBITRATION AND CLASS
ACTION WAIVER CLAUSE. IF YOU LIVE IN OR IF THE PRINCIPAL PLACE OF YOUR BUSINESS IS IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ON HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE HANDLED. PLEASE REVIEW CAREFULLY.
1. Acceptance of the Terms of Use
BRUSHPIX ("BRUSHPIX") provides the services on, from, or through the BRUSHPIX Website and the BRUSHPIX App (collectively the "Service") to you, provides the services related to the BRUSHPIX AD REVENUE SHARING PROGRAM (BRUSHPIX and BRUSHPIX ENTERTAINMENT are hereinafter together referred to as the "Company" or "We"). By using the BRUSHPIX Website, BRUSHPIX App, or downloading and/or using the Service, and/or clicking on a button indicating your consent when this option is made available to you, you hereby agree to the (1) BRUSHPIX Terms of Use, (2) Privacy Policy, (3) Community Agreement and Uploading Guidelines, (4) Ad Revenue Sharing Program Terms of Service which are all incorporated herein by reference (collectively the "Agreement"). The Agreement constitutes the entire agreement by and between the Company and you. If you do not want to agree to the Agreement, you must not access or use the Services. This Agreement applies to all users of the Service, including users who may contribute to the IP and/or User Postings. Please read all of the Agreement posted on the BRUSHPIX Website or BRUSHPIX App carefully before using the Service. In the event that this Agreement is translated to other languages, the English version of the Agreement shall govern in the event of a conflict between the terms of this Agreement. In addition, when using the Service, you shall be subject to any posted guidelines or rules applicable to such service, features, or offers that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.
2. Changes to the Terms of Use
The Company may at any time amend this Agreement by publishing amended versions on the BRUSHPIX Website and/or the BRUSHPIX App. You accept that by doing this, the Company has provided you with sufficient notice of the amendment. Although we will do our best to notify you of any major changes to the Agreement, you should also periodically review the most up-to-date version of the Agreement on the BRUSHPIX Website and/or BRUSHPIX App.
3. Definition
For the purposes of this BRUSHPIX Terms of Use :
"Digital Content" means webcomics, and digitized comic books, including single issues and trade publications, and other digital content or IP including animations and sound effects provided on the Service.
"BRUSHPIX Website" means www.Brushpix.com
"BRUSHPIX App" means, collectively, BRUSHPIX’s digital comics reader, storefront applications, websites and/or software (including any updates/upgrades to that software) through which you can: (1) browse, shop for, download and/or stream, read and/or otherwise use Digital Content or other items offered by us for use on one (1) or more select devices (e.g., smartphones, tablets, PC/Mac, et al.); and (2) manage your Digital Content and account settings.
"User Postings" means certain features of our Service which enables you or other end users to post on our Service, or submit to the Company, content, including text, data, photographs, graphics, images, information, and any combination of these elements.
4. Digital Content and Limited License Term
A. Digital Content. You understand and agree that the BRUSHPIX Website and BRUSHPIX App are owned by BRUSHPIX. The Digital Content provided on the Service is licensed by the copyright owner to BRUSHPIX according to the Agreement. The BRUSHPIX Website, BRUSHPIX App, and Digital Content are protected by the copyright laws of the United States of America, as well as other intellectual property laws and treaties. BRUSHPIX does not transfer any title, right or interest to or in the BRUSHPIX Website, BRUSHPIX App and/or Digital Content to you.
B. Use of Digital Content. Upon your download and/or use of Digital Content, BRUSHPIX grants you a limited, nonexclusive and non-transferable, non-sublicensable, revocable license to access, view, download, and use such Digital Content, and solely for your personal, non-commercial use consistent with the terms of this Agreement. The license does not confer on you any ownership interest in such Digital Content. Within the BRUSHPIX Website and BRUSHPIX App, you may access, view or use Digital Content and/or within the BRUSHPIX App, you may download Digital Content onto only one device. Digital Content is licensed to you by BRUSHPIX; not sold, transferred, or assigned to you.
C. Limitations. Unless otherwise stated in writing by BRUSHPIX, you must not copy, temporarily or permanently redistribute, or sublicense the Digital Content. You must not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Digital Content is wrapped or otherwise associated with, and you must not edit, modify, translate or create derivative works or adaptations of the Digital Content. You must not duplicate or otherwise reproduce (including but not limited to "burning") the Digital Content, or any portion thereof, onto any physical medium, memory or device (other than within your personal device authorized for download of Digital Content), including but not limited to CDs, DVDs, computers or other hardware, or any other medium now known or hereafter devised.
5. BRUSHPIX Website and BRUSHPIX App
A. Use of BRUSHPIX Website and BRUSHPIX App. You may use the BRUSHPIX Website and BRUSHPIX App, including the software comprising them, solely on the number and type(s) (if so limited) of devices for which you downloaded such content. You may not separate any individual component of such software for use on another device or computer, may not transfer it for use on another device or computer or use it, or any portion of it, over a network, and may not sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part.
B. Updates. In order to keep the BRUSHPIX Website and/or BRUSHPIX App up-to-date, BRUSHPIX may make available updates/upgrades to the BRUSHPIX Website and/or BRUSHPIX App. If you do not download such updates/upgrades, you may not receive certain features, functionality, or notices and/or you may lose certain features, functionality, or notices of the BRUSHPIX Website and/or
BRUSHPIX App.
C. No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not modify, reverse engineer, decompile, reproduce, copy, disassemble the BRUSHPIX Website and/or BRUSHPIX App or otherwise reduce the computer file in which the Digital Content is stored to a human-readable form, whether in whole or in part, create any derivative works from or of the BRUSHPIX Website and/or BRUSHPIX App, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the BRUSHPIX Website and/or BRUSHPIX App; e.g., by modifying, defeating, augmenting, or substituting any digital rights management functionality.
6. Terms of Use
A. Users' Age Limit. You must be over the age of 18, an emancipated minor, or have legal parental or guardian consent to use the Service. If you are under 18, your Parents or Guardians ("Representative(s)") must agree to be bound by the Agreement. By using the Service, you represent and warrant that you meet the foregoing requirement. If you do not meet this requirement, you must not access or use the Service. You represent to us that (1) you are at least of Minimum Age and (2) if you are a Minor, you may only use the Service under the consent and supervision of a Representative who agrees to be bound by the Agreement, and the use of the Service is for personal purpose. We may request you to provide evidence of your Representative’s consent or your age. We may also terminate your use of the Service if it comes to our attention that any of your representations to us is not correct.
You declare that if you are a Minor, your Representative(s) have read and agreed with these Terms of Use and Privacy Policy before you start to use the Service or any other products or services offered by BRUSHPIX. We advise Representatives who permit their represented Minors to use an interactive service to communicate with them about online safety, as well as about the content rating and any occasional improper contents which may be found in the Service. Represented Minors permitted to use any interactive service should be made aware of the potential risks to them. Representatives shall be liable for the acts or omissions of their represented Minors. The Company neither intentionally nor unintentionally collects information from children or Minors in cases where Representatives have not consented to the use of the Service by a Minor. However, if a Representative identifies that a Minor has provided us with personal information without the correspondent Representative’s permission, Representative should contact the Company at Customer Care. Upon Representative’s request, Company will delete any personal information of such Minor without any further recourse from the Representative. The Representative will fully indemnify and release the Company from any liabilities, damages, claims or any other legal actions in respect of the provision of the personal information of such Minor to the Company.
B. Compliance with Law and Reservation of Rights. You must use the BRUSHPIX Website, BRUSHPIX App and/or Digital Content in compliance with all applicable laws. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to BRUSHPIX.
7. Privacy
The Company respects your privacy. Our Privacy Policy is available on the BRUSHPIX Website and/or the BRUSHPIX App and applies to your use of the Service. By using the Service and/or indicating your consent to the Privacy Policy, you are agreeing to the terms of our Privacy Policy as updated from time to time. We do not knowingly collect personal information from children under 13. Any parent or guardian who believes that a child may have provided personal information should contact us at Customer Care. In such a case, we will take necessary actions immediately to delete the personal information of children under 13.
8. Intellectual Property and Other Rights
The Service is owned and operated by BRUSHPIX, and Digital Content is licensed by the copyright owner to BRUSHPIX. Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service, are protected by the laws of the United States of America relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well as laws relating to data protection and security. All Digital Content and the Service, including intellectual property rights herein and thereto, are the property of BRUSHPIX or its subsidiaries or affiliated companies and/or third-party licensors or its respective owners as stated in this Agreement. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use Digital Content except as expressly authorized by this Agreement. BRUSHPIX reserves all rights not expressly granted in this Agreement.
9. Advertisement
The Company may provide its own advertisements or any third parties’ advertisements to you online or offline, including but not limited to, on the BRUSHPIX Website and/or BRUSHPIX App, pursuant to the Agreement. Advertisements include, but are not limited to, the placement of promotional messages (including any related technology) for the purpose of publicizing a third party advertiser’s products or services. Advertisements may consist of text, graphics, audio and/or video or any combination thereof, and may direct a user to an external link (e.g., a landing page).
10. Suspension of Access
We may modify, suspend, or discontinue access to certain Digital Content in the event of a rights issue or other business or legal issue.
11. Termination
Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service and/or unpurchased Digital Content, and the Company reserves the right to immediately revoke your access to the Service and/or Digital Content. The Company’s failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of the Company’s rights or remedies.
12. Disclaimer of Warranties
USE OF THE BRUSHPIX WEBSITE, BRUSHPIX APP AND/OR DIGITAL CONTENT IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY CREATES A WARRANTY, AND THE BRUSHPIX WEBSITE, BRUSHPIX APP AND/OR DIGITAL CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER THAT MAY RESULT FROM YOUR USE OF THE SERVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE BRUSHPIX WEBSITE, BRUSHPIX APP AND/OR DIGITAL CONTENT, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, USE OF THE BRUSHPIX WEBSITE, BRUSHPIX APP AND/OR DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE BRUSHPIX WEBSITE, BRUSHPIX APP AND/OR DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. FOR FREE OF CHARGE SERVICE, THE COMPANY AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS INCURRED TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
14. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service, your User Postings, your violation of this Agreement, or your violation of any applicable law or regulation.
15. Geographic Restrictions and Governing Law; Disputes
We provide the Services for use by persons located in the United States. We make no claims that the BRUSHPIX Website or BRUSHPIX App, or any of the Service is accessible or appropriate outside of the United States. Access to the BRUSHPIX Website or BRUSHPIX Services may not be legal by certain persons or in certain countries. If you access the BRUSHPIX Website or BRUSHPIX App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You agree that all matters relating to the BRUSHPIX Website, BRUSHPIX App, and the Agreement, and any dispute or claim arising therefrom will be construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. You agree that any legal suit, cause of action or proceeding that may arise out of, or related to this Agreement shall be instituted exclusively In the federal courts of the United States or the courts of the State of Florida, in each case located In the City of Orlando and County of Orange County although we retain the right to bring any suit, action, or proceeding against you for breach of the Agreement in your country of residence or any other relevant country. You waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.
16. Arbitration and Class Action Waiver
At Company's sole discretion, it may require you to submit any disputes arising from the Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. Where permitted under applicable law, you agree that you may bring claims against the Company only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.
17. Complete Agreement and Severability
The Agreement is the entire agreement between you and the Company regarding the Service and/or Digital Content, and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
18. Amendment
We may amend any of the terms of the Agreement in our sole discretion by posting the amended Agreement on the BRUSHPIX Website and/or BRUSHPIX App. Your continued use of the Service and/or Digital Content after the effective date of any such amendment constitutes your agreement to be bound by such amendment.
19. Contact Information
For help with the Service and/or Digital Content, please
contact Customer Service at Customer Care.
Last Modified: September 1, 2020