PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
BRICKSTR.com ("BRICKSTR") requires that all visitors ("you") to its site, BRICKSTR.com, and its other sites (collectively, the "Sites"), agree to all of the terms and conditions in this User Agreement ("UA"). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, "we," "our," and "us" means BRICKSTR unless otherwise indicated.
We at BRICKSTR aim to improve communities and public education by engaging citizens in an online marketplace where Causes describe their needs and individuals can help fund those causes. Individuals will be able to purchase goods from supporting vendors and donations will be made that will fund specific projects.
The Sites provide you with access to an online collection of information, materials and services related to BRICKSTR and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.
Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Sites; and (3) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.
We welcome you to our Sites and we invite you to use it within the following rules:
1. You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA.
2. You may make copies of relevant Content for your commercial use only for causes you sponsor monthly, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of BRICKSTR.
3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of BRICKSTR.
4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human perceivable form.
The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. All Content, Software and materials on and underlying the Sites are copyright (c) 2013 BRICKSTR, LLC or are licensed or otherwise used by BRICKSTR with permission. Except where noted otherwise, all rights to these materials are reserved by BRICKSTR or their respective owners. "BRICKSTR.com", the BRICKSTR.com logo, trademarks and service marks of BRICKSTR, LLC reserves all rights to its marks and logos. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.
All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although BRICKSTR cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. BRICKSTR retains the right to restrict use of the Sites, in any manner it deems appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRICKSTR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRICKSTR MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
IN NO EVENT SHALL BRICKSTR, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY "BRICKSTR AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE BRICKSTR AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.
YOU UNDERSTAND AND AGREE THAT BRICKSTR AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT BRICKSTR AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY BRICKSTR OR AN AUTHORIZED BRICKSTR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
BRICKSTR neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.
The Sites may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by BRICKSTR, thus BRICKSTR is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by BRICKSTR of the Linked Sites.
We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and BRICKSTR. If this is not the case, please do not link to any Site. BRICKSTR reserves the right to rescind the right to link to its Sites at its sole discretion.
Use of any BRICKSTR trademark, service mark or other intellectual property or content provided by BRICKSTR for a hyperlink to a Site is permitted and licensed by BRICKSTR solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by BRICKSTR, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by BRICKSTR.
BRICKSTR is a marketplace that brings supporters together with causes in order to provide communities with the activities and materials they need to learn and grow. Subscriptions, transactions and donations made through BRICKSTR go directly to fund the charitable program for which it was chosen.
1) Subscribing to be a BRICKSTR Business: By subscribing to support causes using the BRICKSTR tools and platform you will pay $85 per month billed yearly to gain access to all tools and resources made available by BRICKSTR. Of the $85 per month $51 will go directly to support the cause you would like to promote and $34 will be used to manage the marketing platform and tools available.
2) Transaction Revenue collected: A business can help generate additional revenue by offering specials or incentives for Supporters to purchase goods on a schedule or redemption period determined by the Business. 100% of this revenue collected will be distributed directly to the supporters cause or they can choose to have additional revenue sent to the Businesses cause.
3) Direct Donations: Businesses and supporters can make direct donations to a cause they want to support. The BRICKSTR online tools will allow supporters and businesses to make additional donations providing they are a registered user.
All donations are tax deductible to the fullest extent allowed by law. You may view a copy of our annual financial statements online by clicking on the links or you can obtain them by writing to:
Attn: Financial Operations
2150 N 14TH STREET
Washougal WA 98671
Although our financial report is always sent free to anyone requesting a copy, certain States require us to advise you that a copy of our financial report is available from them.
Registration with the Secretary of State or Attorney General of any state does not imply endorsement by such body.
Colorado: Colorado residents may obtain copies of registration and financial documents from the office of the secretary of state by calling (303) 894-2200 or on the web at http://www.sos.state.co.us. Registration by the secretary of state is not an endorsement of either the paid solicitor or the organization or cause the solicitor represents.
Florida: A copy of the official registration and financial information may be obtained from the division of the supporter services by calling toll-free within the state 1-800-435-7352. Registration does not imply endorsement, approval, or recommendation by the state.
Maryland: A copy of the current financial statement of BRICKSTR.com is available by writing to our National Office at 2150 N 14TH Street, Washougal WA 98671
Documents and information submitted under the Maryland Solicitations Act are also available, for the cost of postage and copies, from the Maryland Secretary of State, State House, Annapolis MD 21401, (410) 974-5534.
Mississippi: The official registration and financial information of BRICKSTR.com may be obtained from the Mississippi Secretary of State's office by calling 1-888-236-6167. Registration by the Secretary of State does not imply endorsement by the Secretary of State.
New Jersey: Information filed with the Attorney General concerning this charitable solicitation may be obtained from the Attorney General of the state of New Jersey by calling (973) 504-6215. Registration with the Attorney General does not imply endorsement.
New York: A copy of the latest annual report of BRICKSTR.com may be obtained, upon request, by writing our National Office at 2150 N 14TH Street, Washougal WA 98671.
North Carolina: Financial information about this organization and a copy of its license are available from the state solicitation licensing branch at (919) 807-2214. The license is not an endorsement by the state.
Pennsylvania: The official registration and financial information of BRICKSTR.com may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1 (800) 732-0999. Registration does not imply endorsement.
Virginia: A financial statement is available, upon request, from the State Office of Supporter Affairs in the Department of Agriculture and Supporter Services.
Washington: Additional financial disclosure information may be obtained from the Secretary of State by calling (360) 753-0863, or toll-free within Washington, (800) 332-GIVE.
West Virginia: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, West Virginia 25305. Registration does not imply endorsement.
Thank you for your interest in funding a cause at BRICKSTR.com. By clicking the "I Agree" button during the sign-up process for donations, the following additional terms of the UA apply to those users who sign up for a cause account and/or donate to a project on the Sites ("Supporter").
By applying to become a Supporter, you promise that:
1. You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
2. All information you provide to BRICKSTR is accurate, and you will update the information to keep it accurate; and
3. Any donation or purchase you make is legal in your jurisdiction.If you create a Business or Supporter account or register for a unique QR code account enabling you and others to contribute funds or make purchase for a specific project in honor of a named person (for example, contributing funds to honor someone's birthday, anniversary or other special event), you represent that you have permission of the named person (or permission of their parent, if a minor) to provide their name and other required information for display to prospective donors and other users on the Sites.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password and QR code (which you will receive upon completing the process of registering as a Supporter) for access to restricted portions of the Sites, and shall not share your ID, password or QR code with anyone else. You agree not to use the account, username, or password of another Supporter at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify BRICKSTR of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of BRICKSTR.
In addition to the rights of BRICKSTR described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs of students and the thank-you notes, and other materials that BRICKSTR may send you regarding each project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause BRICKSTR and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that BRICKSTR may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.
We review, verify and calculate the cost of each Cause proposal before we post it on the Sites for Supporters to view. Our efforts include, but are not limited to, screening the proposed project for compliance with the BRICKSTR.com eligibility requirements, restricting Causes to addresses that have been provided by the necessary non-profit or school locations. Each cause needs to be fulfilled through the nonprofit, 501c or School that registered in partnership with the cause.
Sometimes the specific components included in a Causes proposal change after we receive your donation. In the unusual case that this happens, BRICKSTR will review the Causes modified proposal. If our review determines the modified proposal is reasonably similar to the Causes original proposal, we will use the funds that you donated to pay for the modified proposal.
BRICKSTR reserves the right to exclude any Supporter, Cause or Business from use of the Sites, in BRICKSTR's sole discretion. All directions and requirements stated on the Sites regarding Causes or donations shall apply to any donation offered or made by you or a supporting business.
BRICKSTR will forward all revenue collected to the respective cause every 30 days. BRICKSTR will not hold revenue back in any case. Causes that do not make their complete goal can continue forward or work within a timeline that is effective for them.
Causes that reach their revenue goal will receive a final distribution and then the cause will be removed from the system. Open-ended causes are able to update their current needs at their own discretion.
If, for any other reason, the Cause cannot move forward (i.e., the Teacher no longer works at the specified school or no longer requires the requested materials, or the Teacher is no longer in good standing with BRICKSTR, etc.), all donations made to the initial cause will be distributed to the next cause a supporter or business wants to support.
Infrequently, a Teacher will move from one school to a different school while they have active projects available for funding on our site. Until the teacher alerts us to their move, the school information associated with any projects posted on the website may not accurately reflect the new school at which they are teaching.
In rare instances, a Cause fails to submit feedback for the project they have had funded at BRICKSTR. In this instance, all Donors will be notified by BRICKSTR and the cause will be excluded from future use of the Site.
BRICKSTR cannot be responsible for the success of any proposed or funded projects or for the activities (or lack thereof) of the Cause or supporters participating in any proposed or funded projects.
Thank you for your interest in submitting a proposal for a BRICKSTR.com project. By clicking the "I Agree" button during the process to sign up for funding proposals, the following additional terms of the UA apply to those users who sign up for a Cause account and/or to post a Cause funding proposal on the Sites ("Cause"):
By submitting a proposal, you promise that:
1. You are a licensed 501c3 non-profit employee, educator, teacher, coach, or public school employee directly serving your organization and currently employed at the cause you note;
2. The activity you propose is legal and falls within the standards of your board of directors; all information you provide to BRICKSTR is accurate, and you will promptly update the information to keep it accurate;
3. You have full rights to any ideas, descriptions and materials you submit to BRICKSTR, and that you (and not BRICKSTR) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by BRICKSTR will not infringe on any rights of any third party.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password and QR Code for access to Cause-restricted portions of the Sites, and shall not share your ID and password or QR Code with anyone else. You agree not to use the account, username, or password of another Member at any time or to disclose your password to anyone else. You agree to only have one account; please note that multiple accounts are prohibited. You agree to exit from your account at the end of each session and to immediately notify BRICKSTR of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account.
In addition to the rights of BRICKSTR described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs of cause supporters and the thank-you notes, and other materials that BRICKSTR may send you regarding each project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. You agree to provide supporters thank-you notes that do not contain any of the personal information that will identify the supporter. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the supporters, you agree that any breach by you of any of these restrictions may cause BRICKSTR and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that BRICKSTR may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.
From time to time, BRICKSTR or a third party on BRICKSTR's behalf may send you emails regarding important information regarding your use of the Sites. Even if the electronic communication system that sends such emails to your account contains an "opt-out" feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.
While you retain ownership in the works you create such as the proposal submissions (except for the photographs you take, as discussed below), as to all information or materials created by you and communicated or submitted to BRICKSTR through the Sites and all materials (except for the photographs) which you send to BRICKSTR after the completion of the project, you hereby grant to BRICKSTR a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sub licensable license to use the submission and project materials, and portions thereof, in furtherance of BRICKSTR's purposes and activities and to promote BRICKSTR and its programs, in any medium, and BRICKSTR may copy, publish, display, create derivative works and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for BRICKSTR's purposes, whether or not your proposal is funded.
BRICKSTR reserves the right to exclude any Causes from use of the Sites, in BRICKSTR's sole discretion.
If your proposal is approved by BRICKSTR (in BRICKSTR's sole discretion), posted on a Site and funded, you agree to use the materials or funds received solely as stated in the proposal and in a manner directed by BRICKSTR. You agree that requested resources will be used by supporters or to provide a supporter experience as described in your proposal. You agree to provide each supporter who will engage in the activity with a BRICKSTR Permission Slip as provided by BRICKSTR, and to exert reasonable efforts to ensure that each supporter returns the Permission Slip signed by their parent or legal guardian. Regardless of how many activities BRICKSTR funds for your Cause each year, only one permission slip per student, per school year, per Cause need be collected.
You will make a reasonable effort to take photo of supporters who have returned a signed BRICKSTR Permission Slip and shall provide each signed Permission Slip to BRICKSTR upon request. You agree that only supporters who have provided signed Permission Slips will be included in the photographs of the activity that you submit to BRICKSTR. You will use BRICKSTR's funds and materials only for the project BRICKSTR has approved, and agree to follow all other instructions as provided or directed by BRICKSTR regarding the funded activity. You understand that the promptness and thoroughness with which you return the photographs and thank-you notes may effect how many proposals you are allowed to submit in the future. Please see How Points are Earned and Benefits Gained.
Brickstr requires a progress report on the status of a funded cause once funds are distributed and received by the cause.
Brickstr reserves the right to interview, film, record, photograph and capture content of cause fulfillment.
BRICKSTR will not be required to treat any Submission or Project Materials as confidential.
You may terminate this UA by destroying all materials obtained from the Sites, cancelling your Supporter, Business or Cause account, as applicable, and stopping all use of the Sites. BRICKSTR may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.
The laws of the State of Washington, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions govern this UA. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this UA will be brought exclusively in the federal or State courts located in Vancouver, Washington. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
THIS UA CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES.
Any controversy or claim arising out of or relating use of any Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and BRICKSTR. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Vancouver, Washington, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Vancouver, Washington and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or BRICKSTR may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Vancouver, Washington, as may be necessary to protect the rights or property of you or BRICKSTR pending the completion of arbitration.
You agree to indemnify and hold BRICKSTR and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to BRICKSTR.
If you have any questions about the Sites or this UA, you may contact us via e-mail at info@BRICKSTR.com. We are always glad to hear your questions and comments.
This UA, including the terms specifically applicable to Supporters, Businesses and Causes, and other policies and notices BRICKSTR may post on the Sites necessary for access to Donor and Cause portions of the Sites, constitute the entire agreement between BRICKSTR and you in connection with your use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between BRICKSTR and you regarding such matters, including prior versions of this UA. BRICKSTR may update this UA from time to time by posting revised versions of this UA on the Sites, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by BRICKSTR, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.
This User Agreement was last updated on 8/1/2014.