LAST UPDATED: FEBRUARY 25, 2016
BrassCracker.com IS OWNED AND OPERATED BY BrassCracker.com, INC. BY VISITING, USING AND/OR REGISTERING WITH THE BrassCracker.com WEBSITE ("SITE"), YOU (REFERRED TO HEREAFTER AS "YOU", "YOUR" OR "USER") AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS & CONDITIONS"). THE TERMS & CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BrassCracker.com, INC. (HEREAFTER ALSO REFERRED TO AS "WE", "US", OR "OUR") AND GOVERN ANY AND ALL USE OF THE SITE BY ANY AND ALL USERS OF THE SITE AND ANY SERVICES OFFERED THEREFROM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ANY SERVICES OFFERED OR ACCESSED THROUGH THE SITE. IF YOU (OR THE BUSINESS ENTITY WHOM YOU REPRESENT OR ARE ACTING ON BEHALF) HAVE A SEPARATE AGREEMENT WITH, BrassCracker.com, Inc., THE TERMS OF THAT SEPARATE AGREEMENT SHALL GOVERN TO THE EXTENT THEY ARE INCONSISTENT WITH OR OTHERWISE CONFLICT WITH ANY OF THE TERMS & CONDITIONS.
You acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of BrassCracker.com, Inc., its licensees, and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. Except where expressly provided otherwise by us, nothing made available to users via the Site may be construed to confer any license or ownership right in or materials published or otherwise made available through the Site or its services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms & Conditions are expressly reserved by us.
Corporate Identification and Trademarks
"BrassCracker.com" and any and all other marks appearing on this Site are trademarks of BrassCracker.com in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without BrassCracker.com's prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. BrassCracker.com prohibits the use of Trademarks as a "hot" link on, or to, any other website unless establishment of such a link is pre-approved by BrassCracker.com in writing.
User Conduct & Eligibility
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component or false or misleading indications or origin or statements of fact.
As a condition of your use of certain services offered through the Site, you may be required to register an account with us and must provide true and accurate account information at all times (including, without limitation, ensuring that your account information remains current at all times.) You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
Account Security: You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
Minimum Age. The Site and its services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or its service by anyone under 18 years of age is expressly prohibited. By accessing or using the Site, you represent and warrant that you are 18 years old or older.
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by BrassCracker.com. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without BrassCracker.com's prior written consent is prohibited.
In addition to the foregoing and in consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of the Terms & Conditions:
We expressly reserve the right, in our sole discretion, to terminate a user's access to any or all areas of the Site due to any act that would constitute a violation of these Terms & Conditions.
Linking to the Site
Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material or content displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials appearing on this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. A conforming notice must contain the following: (a) your name, address, telephone number, and email address (if any); (b) 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 locate the material; (c) statement that you, the complaining party, has 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; (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (d) your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, BrassCracker.com, Inc. has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA:
Links to Third Party Websites
From time to time, this Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BrassCracker.com, Inc. DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BrassCracker.com, Inc. - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO BrassCracker.com FOR THE REQUEST.
You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms & Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms & Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of BrassCracker.com, Inc.. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
BrassCracker.com, Inc. reserves the right to terminate your account and access to the Site and its services at any time. Termination by BrassCracker.com, Inc. may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.
Amendments to Terms & Conditions
BrassCracker.com, Inc. reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms & Conditions at any time. You agree that we may modify the Terms & Conditions and such modifications shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms & Conditions except and to the extent prohibited by applicable state or federal law.
Changes to the Site
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that BrassCracker.com, Inc. will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.
The captions in these Terms & Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms & Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms & Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms & Conditions, and the remainder of the Terms & Conditions shall continue in full force and effect. The failure by either you or BrassCracker.com to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms & Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms & Conditions regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms & Conditions.
Governing Law & Exclusive Venue for Disputes
The internal laws of the State of California shall govern the performance of these Terms & Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of Los Angeles in the State of California for all disputes arising out of, or relating to, the Terms & Conditions and use of this Site or its services.