TERMS AND CONDITIONS

Last Updated 25 January  2020

1. AGREEMENT TO TERMS AND CONDITIONS

Welcome to Brownthread ("Brownthread," "we," "us" or "our").

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Brownthread concerning your access to and use of our mobile applications and services, website, and any software provided on or in connection with Brownthread (collectively, the "Service").

You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Service and you must discontinue immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. The revised version of these Terms and Conditions will be indicated by “last updated” date of these Terms and Conditions and revised version will be effective as soon as it is accessible. You are responsible to periodically review these Terms and Conditions to stay informed of updates. Your continued use of the Service represents that you have accepted all changes.

The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Service is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for and use the Service without parental permission.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website and app designs, audio, video, text, photographs, trademarks, service marks, logos, and graphics including, but not limited to, our selection, coordination, assembly, and arrangement of all design elements on the Service (collectively, the “Brownthread Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. The Brownthread Content is provided on the Service “AS IS” for your information and personal use only.

Except as expressly provided in these Terms and Conditions, no part of the Service and no Brownthread Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Brownthread Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service and Brownthread Content.

3. INFORMATION YOU PROVIDE TO US

You will be able to post content, including bookmarks, ratings, reviews, photos, comments, and other materials ("User Content") on the Service. You understand and agree that your User Content may be viewed by other users on the Service, and that they may be able to view who posted that User Content. You further agree that we can use your User Content for any further purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Service and otherwise. We do not have to attribute your User Content to you. We have the right to remove any User Content you put on the Service at our sole discretion for any reason or no reason, and without notice to you. However, we have absolutely no obligation to screen or delete User Content, even if anyone considers reviews objectionable or inaccurate. User Content is not endorsed by us, and does not necessarily represent our opinions.

By using the Service, you represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you will keep your password confidential and will be responsible for all use of your account and password; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Service; (f) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; (g) you will not use the Service for any illegal or unauthorized purpose; and (h) your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You assume all risks associated with your User Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose.

4. FEEDBACK

Any ideas, suggestions, documents, comments, proposals, or other information regarding the Service (collectively, “Feedback”) provided by you to us through mail, email, social media accounts, or any other mean of communication, are non-confidential and shall become our sole property. By providing us with your Feedback, you grant us the right to use or license your Feedback for any further purposes whatsoever in perpetuity without payment to you for use within the Service and otherwise. We do not have to attribute your Feedback to you.

5. THIRD-PARTY ACCOUNT

As part of the functionality of the Service, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Service; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Service via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Service. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Service.

You will have the ability to disable the connection between your account on the Service and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Service. You can deactivate the connection between the Service and your Third-Party Account through your account settings. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

6. USERNAME

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable or for any other reason or purpose.

7. PROHIBITED USE

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

You agree not to:

  • Post fake, negative, or defamatory reviews or comments on the Service, or compensate someone or be compensated to post, refrain from posting, or remove a review;
  • Modify, delete, or violate any copyright or other intellectual property or proprietary rights from any Brownthread Content or User Content;
  • Use any information obtained from the Service in order to harass, abuse, or harm another person;
  • Harass, annoy, intimidate, or threaten any of our users or employees or agents engaged in providing any portion of the Service to you;
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
  • Use the Service to advertise or offer to sell goods and services, except in connection with the purposes of the Service;
  • Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;Copy, modify, adapt, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Service or Brownthread Content and User Content (other than your User Content), except as expressly authorized by us;
  • Copy, modify, adapt, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Service or Brownthread Content and User Content (other than your User Content), except as expressly authorized by us;
  • Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • Make improper use of our support services or submit false reports of abuse or misconduct;
  • Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Brownthread Content and User Content for any revenue-generating endeavor or commercial enterprise;
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  • Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
  • Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Brownthread Content and User Content or enforce limitations on the use of the Service and/or the Brownthread Content and User Content contained therein;
  • Engage in unauthorized framing of or linking to the Service;
  • Attempt to access any portions of the Service that you are restricted from accessing;
  • Attempt to impersonate another user or person or use the username of another user;
  • Sell or otherwise transfer your profile;
  • Use a buying agent or purchasing agent to make purchases on the Service;
  • Falsely imply a relationship with us or another company with whom you do not have a relationship; or
  • Use the Service in a manner inconsistent with any applicable laws or regulations;

8. MANAGEMENT OF OUR SERVICES

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any modification, suspension, downtime, or discontinuance of the Service. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

There may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

We do not guarantee that the Service will be 100% secure and free of bugs or viruses. You are responsible for configuring and using your own virus protection software.

9. DISCLAIMER AND LIMITATION OF LIABILITY

The Service is provided on an as-is and as-available basis. You agree that your use of the Service will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Service and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Service’s content or the content of any websites linked to this Service and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Service, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any 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.

Note that we only provide our Service for domestic and private use. You agree not to use our Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Service.

Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation.

We may terminate your use or participation in the Service or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. GENERAL TERMS

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

These Terms and Conditions and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The Terms and Conditions may not be waived, except pursuant to a writing executed by Brownthread. These Terms and Conditions operate to the fullest extent permissible by law.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Service.

The section titles in the Terms are for convenience only and have no legal or contractual effect.