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BrickLink Terms of Service

csa_marvin on 08/19/2014 13:19

Current version published: June 10, 2014

 

This agreement describes the terms and conditions applicable to your use of our services at moc.BrickLink.com. By using the Site (moc.BrickLink.com) in any manner, including but not limited to visiting or browsing the Site, or by registering as a new member or first logging into MOC Shop as an existing BL member, you accept the terms and conditions of these terms of service (this "agreement", the "Terms of Service" or these "Terms of Service"). BrickLink may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. As used herein, BrickLink or MOC Shop refers to the Site and the owner, employees and agents of the Site.

1. Eligibility:

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 one profile on this system, which gives access to both BrickLink.com and moc.BrickLink.com. 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.

2. Fees:

Becoming a member on moc.BrickLink.com is free. moc.BrickLink.com only levies a fee to a seller based on the MOC prices of all orders received during the period of each month. Our Fees & Billing Policy is incorporated into this agreement by reference.

3. Services:

We may in our sole discretion add, delete or change some or all of our services at any time. Moc.BrickLink.com acts as the venue for sellers to sell LEGO® related creations 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 from claims, demands and damages of every kind in connection with your use of the Site.

4. Designing:

If you upload your design, you are aware of the potential for future sale of the bricks of such design. By designing and uploading a MOC, you warrant that you and all aspects of the MOC comply with these Terms of Services and BrickLink's published policies. You also warrant that you will legally allow the selling of the bricks in your MOC once picked up by a seller(s). If your MOC receives a valid order in a store, you are obligated to follow the rules of buying and selling noted in these Terms of Services and BrickLink's other policies including Section 5 of this agreement.

5. Buying and Selling:

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.

6. Customer Information / Privacy:

BrickLink will not distribute your e-mail address or shipping address to third parties. However, BrickLink will provide your e-mail address and shipping address to all parties including the buyer, designer, and seller when an order is submitted. BrickLink will not send you unsolicited e-mail. It is however possible that you may receive unsolicited e-mail from other members if you opt-in to allow to be contacted or opt-in to be notified by e-mail when a seller issues you a coupon. For more information, see Privacy Policy which is incorporated into this agreement by reference.

7. User Generated Content:

  1. As a member you may submit content to the Site, including images and user comments. You understand that BrickLink does not guarantee any confidentiality with respect to any content you submit.
  2. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the content you submit; and you license to BrickLink all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the service pursuant to these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your content. However, by submitting content to BrickLink, you hereby grant BrickLink a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, distribute, sublicense, prepare derivative works of, display, and perform the content in connection with the Site and BrickLink's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. BrickLink does not transfer legal ownership of a designer's MOC to a seller or buyer. Without written consent of a designer, or except as otherwise permitted herein, you may not sell, reproduce or create derivative works of the designer's MOC published in moc.BrickLink.com. You also hereby grant each user or member of the Site a non-exclusive license to access your content through the Site and to use such content as permitted through the functionality of the Site and under these Terms of Service.
  4. You further agree that the content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights (including intellectual property rights), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant BrickLink all of the license rights granted herein. You warrant the content you submit to the Site will not result in BrickLink's infringement of any intellectual property right of a third party.
  5. BrickLink does not endorse any content submitted to the Site by any user, member or other licensor, or any opinion, recommendation, or advice expressed therein, and BrickLink expressly disclaims any and all liability in connection with the content. BrickLink does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and BrickLink will remove all content if properly notified that such content infringes on another's intellectual property rights or disable access to such content. BrickLink reserves the right to remove content or disable access to content without prior notice.


8. 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

9. Breach:

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 moc.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.

10. Site Availability:

The Site will be unavailable each day for 10 minutes between 01:50 and 02:00 EDT for scheduled maintenance. It may also be temporarily unavailable once every week up to 3 hours.

11. 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.

12. 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, BUT IN NO CASE WILL BRICKLINK'S LIABILITY EXCEED $100. YOU ACKNOWLEDGE AND AGREE THAT IF NO FEES ARE PAID TO BRICKLINK 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. 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.

You agree to defend, indemnify and hold harmless BrickLink, its owner, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Site content; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claims that your user generated content caused damages to a third party.

This defense and indemnification obligation will survive these Terms of Use and your use of the Site content.

13. 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.

14. Notices:

Except as explicitly stated otherwise, any notices shall be given through the Help Desk.

15. Notice regarding Claims of Intellectual Property Rights Infringement:

  1. Notice. If you are a copyright or other intellectual property owner or an agent thereof and believe that any material in the Site infringes upon your copyrights or other intellectual property rights, you may submit a notification by providing our Designated 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 or other intellectual property claimed to have been infringed, or, if multiple copyrighted works or other intellectual properties 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 or other intellectual property 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.
  2. Counter-Notice. You may request for reinstatement of the upload by evidencing that you are the lawful owner of the rights to the content. If you believe that your material that was removed (or to which access was disabled) is not infringing upon a copyright, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material, you may send a counter-notice containing the following information to our Designated Agent:
    • Your physical or electronic signature;
    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
    • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
    • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
    If a counter-notice is received by our Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the material provider, member or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. 

    For intellectual property rights other than copyrights, if you believe that the content you submit to the Site was removed (or to which access was disabled) in error, try to contact the rights owner or alleged rights owner directly. The e-mail that we sent you about the removal or disabled access will include their contact information. If the rights owner or alleged rights owner agrees that they made a mistake, have them e-mail us, and we will allow you to relist your item. If you are unable to resolve your dispute with the rights owner or alleged rights owner directly, contact our Designated Agent.
  3. Designated Agent. Please contact our Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices by email: legal@bricklink.com (preferred), at the following address, by phone or by fax: 

    Name of Agent: Do Y. Jeong
    Address: Legal Department
    400 Kelby St. 19th Floor
    Fort Lee, NJ 07024
    USA

    Phone Number: 201-944-6622 (ext. 207) 
    Fax: 201-308-5547 
  4. You acknowledge that if you fail to comply with all of the requirements of this Section 15, your notice may not be valid.
  5. We have adopted and implemented a policy that provides for termination in appropriate circumstances of the accounts of members who repeatedly infringe copyrights or other intellectual property rights of BrickLink and/or others. We will terminate your account or access to the Site, if, under appropriate circumstances, you are determined to be a repeat infringer.


16. Exchange Rates:

Exchange rates for currency conversion are provided by XE.com. For more information on exchange rates, please see the Exchange Rate Policy. Use of the Site constitutes acceptance of the XE.com Terms Of Use.

17. Trademarks:

LEGO® is a registered trademark of the LEGO Group of companies which does not sponsor, authorize or endorse the Site. The word "LEGO" is not allowed to be used in store name. BrickLink® is a registered trademark of BrickLink. User-generated content on the Site is not licensed, defined, sponsored, endorsed or manufactured by trademarked companies or other individuals unless otherwise proven.

18. Policies:

The following documents are incorporated by reference: 
BrickLink TOS
Fees & Billing Policy
Buying and Selling Offenses
Customized E-Mail Policy
Discussion Forum & Chat Rules
Feedback Removal Rules
Item for Sale Listing Policy
Order Cancellation Policy
Privacy Policy
Web Robots / Spiders Policy
Exchange Rate Policy
API Terms of Use

19. General:

This agreement together with all our policies are governed by and construed in accordance with the laws of the State of New Jersey and the United States of America without respect to its conflict of laws principles. You agree that: (i) the Site content shall be deemed solely based in the State of New Jersey; 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 State of New Jersey. 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.