TERMS & CONDITIONS

Brick & Portal™ is the sole proprietor and operator of the website BrickandPortal.com, and the Brick & Portal iOS app. Therefore, all terms “Brick & Portal”, “we”, “us”, “our”, “our website”, “our app” in these Terms & Conditions refer to all Brick & Portal™ services. The terms “user”, “users”, “you”, “your” refer to the users of BrickandPortal.com and/or the Brick & Portal app.

These Terms & Conditions are the contract between the user and Brick & Portal™. If you do not agree with the entirety of these Terms & Conditions (including our Privacy Policy), you may not use Brick & Portal. Your use of BrickandPortal.com and/or the Brick & Portal iOS app bounds you to the entire set of Terms & Conditions, without exception.

Users of Brick & Portal are fully responsible for their styles and its content. Users of BrickandPortal.com must be at least 13 years old (in accordance with the Children's Online Privacy Protection Act of 1998). The parent(s) or legal guardian of all users under the age of 18 are held responsible for these said users’ access and use of BrickandPortal.com and/or the Brick & Portal iOS app.

Failure to comply with the Terms & Conditions will result in the suspension of the user’s account and, depending on the gravity of the non-compliance, legal recourse.

The User

The moment you open an account on BrickandPortal.com and/or the Brick & Portal iOS app, you agree to a number of things:

  • You assume full and sole responsibility over your account and the information provided (personal information, billing information, security settings, uploaded content, account activity)
  • Your published styles page becomes fully visible and public.
  • You grant us aworldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish the styles you have conceived using BrickandPortal.com and/or the Brick & Portal iOS app.
  • You must provide complete, accurate, truthful and current information upon registration.
  • You will report any misconduct you come across on BrickandPortal.com and/or the Brick & Portal iOS app.

Furthermore, you also agree to NOT:

  • Operate on another user’s account without their knowledge and consent. If you do have the other user’s consent, we highly advise you to have this in writing.
  • Promote, advertise and offer to sell products that are foreign to BrickandPortal.com and/or the Brick & Portal iOS app and its own repertoire of products.
  • Insert in any way, shape or form, content that is inappropriate, defamatory, hateful, obscene, untruthful and illegal.
  • Present false or misleading information about other users, or products
  • Use any file without legal permission, in compliance with the Digital Millennium Copyright Act, or commit acts of plagiarism.
  • Download any file for which you have no legal permission.
  • Hack the website, spread viruses, disseminate spam, launch any automated systems, including (without limitation) “spiders”, “robots”, “offline readers”, etc.
  • Use BrickandPortal.com and/or the Brick & Portal iOS app for commercial solicitations.
  • Gather information about other users.
  • Pass off as a Brick & Portal™ representative or employee.
  • Engage in illegal activities on BrickandPortal.com and/or the Brick & Portal iOS app (we also advise you not to do so elsewhere).
  • Sue Brick & Portal™ on account of any malfunction, shortcoming, technical failure, dissatisfaction or any other issue with your account BrickandPortal.com and/or the Brick & Portal iOS app. You may, however, raise your issues with our help team, who will do what they reasonably can to resolve it.

As a reminder, failure to comply with the Terms & Conditions will result in the suspension of the user’s account and, depending on the gravity of the non-compliance, legal recourse.

Disclaimer of Warranties

Brick & Portal™ disclaims any responsibility or liability over the functioning of our services. Brick & Portal™ disclaims responsibility for the malfunction of the user’s account as well as damage caused by external factors. Brick & Portal™ disclaims any responsibility for any damages resulting from downloading or using any information and/or material through the services of Brick & Portal™.

The services provided by Brick & Portal™ are provided “as is”, with no warranties whatsoever. Brick & Portal™ and its licensors expressly disclaim all express, implied and statutory warranties, to the fullest extent permitted by law. This includes, without limitation, the warranties of merchantability, non-infringement of proprietary rights and fitness for a particular purpose. Brick & Portal™ and its licensors disclaim any warranties regarding the security, reliability and performance of Brick & Portal™ services. Brick & Portal™ and its licensors disclaim any warranties for advice, information, goods and/or services obtained through the Brick & Portal™ services. Brick & Portal™ and its licensors disclaim any warranties for advice; information, goods and/or services obtained through links or advertisements provided in the Brick & Portal™ services.

You understand that the use, downloading and obtaining of material and/or data from Brick & Portal™ services are done at your own risk, and you are solely responsible for any consequences resulting from said practices.

Depending on the jurisdiction, the limitation of liability may apply to varying extents with respect to the implied warranties.

Limitation of Liability

Brick & Portal™ is in no way liable for any user’s use or misuse of their account on BrickandPortal.com and/or the Brick & Portal iOS app and/or any related services. Brick & Portal™ provides no warranty for the user’s activities and the user thereby forfeits any claims of damages incurred on their account against Brick & Portal™. Brick & Portal™ is equally not liable for any damages caused to a user by a third party. The limitation of liability applies to all claims based on contract, warranty tort, and negligence or otherwise, and including claims attached to prior notifications to Brick & Portal™ of the possibility of upcoming damages. The limitation of liability applies with respect to damages occur due to use, misuse and/or reliance on the services provided by Brick & Portal™. The limitation of liability applies with respect to damages occur due to the inability to use the services provided by Brick & Portal™, and the interruption, suspension or termination thereof. The limitation of liability also applies with respect to damages resulting from goods, services, advice and/or information received through Brick & Portal™, whether directly or by third parties linked and/or advertised on BrickandPortal.com and/or the Brick & Portal iOS app and through other services provided by Brick & Portal™. The limitation of liability also applies with respect to the fulfillment or non-fulfillment of functions and services on BrickandPortal.com and/or the Brick & Portal iOS app, and other services provided by Brick & Portal™. The limitation of liability also applies to lost earnings, lost data and costs resulting in procurement of substitute goods and/or services on BrickandPortal.com and/or the Brick & Portal iOS app and related services. The limitation of liability apply to its fullest extent permitted by law. Depending on the jurisdiction, the limitation of liability may apply to varying extents with respect to incidental or consequential damages.

Legal Disputes

Brick & Portal™ is based in New York, New York. Therefore, all the Terms & Conditions are bound by the laws of New York State. Furthermore, any legal action against Brick & Portal™ related to our services must be filed and take place in a New York County district court. Therefore the seat of any arbitration shall be New York, New York. Any cases not subject to arbitration, you and Brick & Portal™ agree to submit to the personal jurisdiction of a court in New York County or in the United States District Court for the Southern District of New York.

The entirety of the Terms & Conditions constitute the whole agreement between the user and Brick & Portal™, and supersede any other agreement, prior and/or current, between the user and Brick & Portal™.

If any item within the Terms & Conditions is found to be legally unenforceable, said item will come out of effect to its minimal extent; the rest of the Terms & Conditions remain strictly enforced.

Changes in Terms & Conditions

Brick & Portal™ reserves the right to change the Terms & Conditions at any given time, with or without prior notice or liability to any user and/or third party. We also reserve the right to terminate our services at any given time, with or without prior notice or liability to any user and/or third party. We advise you to look up the terms and conditions regularly, to ensure your awareness and upholding of the Terms & Conditions.Offensive Content

The Offensive Content policy is an integral part of the Terms & Conditions. If you do not agree with the Offensive Content policy and the Terms & Conditions in their entirety, do not use BrickandPortal.com and/or the Brick & Portal iOS app.

Brick & Portal™ is a platform meant for all people (above 13 years of age), and is inclusive, open and respectful. We thus put forth these rules and regulations of uploaded content, to maintain the platform in accordance to our principles.

It is a difficult, delicate matter to determine the limits of free expression on any platform. We therefore draw the line as follows:

You May NOT Post:

  • Sexually explicit or pornographic content or content that promotes sexual services (such as prostitution)
  • Content which promotes hard drug use, eating disorders, body shaming and self-harm
  • Content that promotes hate speech
  • Gratuitously violent or gory content
  • Dishonest, deceptive or fraudulent content
  • Content which threatens another person or their property, encourages threats and harm to another person or their property, and which generally compromises another person’s public safety
  • Content that threatens another person
  • Another person’s personal information, and any content which infringes on another person’s privacy
  • Requests for a minor’s personal information
  • Content which bullies, harasses and attacks non-public people
  • Any other lewd or illegal content

Please note:

You are solely responsible for all content you upload and the potential consequences stemming from uploading said content. Brick & Portal™ assumes no responsibility over the user’s content and cannot be sued or held accountable for it.

If you are not sure whether the content you may wish to upload is offensive or not, we HIGHLY RECOMMEND that you refrain from uploading, until you are sure it is acceptable (for example, after getting other people’s opinions).

Brick & Portal™ reserves the right to change these rules at any given time, with or without prior notice or liability to any user and/or third party. We also reserve the right to terminate our services at any given time, with or without prior notice or liability to any user and/or third party. We advise you to look up the Offensive Content policy regularly, to ensure your awareness and upholding of the Offensive Content policy and the entire Terms & Conditions.