BestBrickPrice TERMS OF SERVICE

Last modified: 2022-06-01

Welcome to BestBrickPrice

Your use of BestBrickPrice is subject to these Terms of Service (these " Terms"). Thank you for reviewing these Terms.

If you have any questions about, or if you wish to send us any notices in relation to, these Terms, please contact us at support@bestbrickprice.com.

Compliance with these Terms

Please review these Terms and our policies and instructions to understand how you can and cannot use BestBrickPrice. You must comply with these Terms in your use of BestBrickPrice and only use BestBrickPrice as permitted by applicable laws and regulations, wherever you may be when you use them. If you do not agree to these Terms, you must not use BestBrickPrice.

"BestBrickPrice"

For the purposes of these Terms, any reference in these Terms to "BestBrickPrice" refers to BestBrickPrice and all BestBrickPrice-related services, including the following services:

• BestBrickPrice Web Site;
  
• BestBrickPrice iOS app;
  
• BestBrickPrice Android App.
  

If you are under the age of 13, you must not use BestBrickPrice. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use BestBrickPrice.

If you are using BestBrickPrice on behalf of a company, partnership, association, government or other organisation (your " Organisation"), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms. In such circumstances, "you" will include your Organisation.

ADDITIONAL TERMS AND POLICIES

BestBrickPrice grants you a limited license to make personal use of the Service to access and review the Materials for your information purposes only. This license does not include the right to: (a) use the Service or Materials for other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Service, including any images found on the Service or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Service or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.

You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of BestBrickPrice or any third party. Any unauthorized use of the Service will terminate the permission or license granted by BestBrickPrice to you under this Terms of Service and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

The following are additional policies that you must comply with in using BestBrickPrice:

• BestBrickPrice Privacy Policy – which sets out how we collect, store and use your personal information, as well as our policy on the use of tracking technologies; and
  

CHANGES TO THESE TERMS AND BestBrickPrice

We may change or modify any of the terms and conditions contained in this Terms of Service, or any policy of the Service, at any time and in its sole discretion. You should frequently review this Terms of Service and any other applicable policies, including their dates, to understand the terms and conditions that apply.  Furthermore, we may from time to time add, change or remove features from BestBrickPrice.

If we decides to change this Terms of Service, we will post a new version on the Service. Any changes or modifications to this Terms of Service or policy will be effective upon posting of the revisions. By continuing to use of BestBrickPrice after the posting of  the changes or modifications, you agree to be bound by these revised Terms.

CONDUCT POLICY

By using BestBrickPrice, you agree to the conduct policy which sets out the rules of good behavior applicable to your use of BestBrickPrice.

PROHIBITED ACTIVITIES

You agree not to engage in any of the following prohibited activities on or in relation to BestBrickPrice, or allow any person to use your account with us to do the same:

• impersonate any person or misrepresent your affiliation with any person or entity in registering an account (including by creating a misrepresentative account name or accessing another user's account) or in making any communications or sharing or publishing any content or information using BestBrickPrice;
  
• name squat via your account name in a way that infringes any third party's intellectual property rights or other rights;
  
• send any unsolicited, unauthorized spam (such as spam comments in our social media services), advertising or promotional messages;
  
• use BestBrickPrice for any commercial purpose (including commercial communications) or for the benefit of any third party, except as expressly permitted by the BestBrickPrice Terms of Service (including under the BestBrickPrice Official Account Admin Platform User Agreement in relation to BestBrickPrice Official Accounts) or otherwise by us from time to time, including any of the following activities:
  
• making postings about a product or service offered by you or by any company in which you hold a direct or indirect interest;
  
• making postings about a product or service that directly competes with a product or service offered by you or by any company in which you hold a direct or indirect interest;
  
• making postings(whether written by you or anyone else) in exchange for money or other benefits or compensation from any third party;
  
• posting information about product or shipping availability from third party suppliers, whether such third parties are in competition with us or not; or
  
• making any other postings not in good faith;
  
• submit, upload, transmit or display, through BestBrickPrice, any content (whether displayed publicly or not, and whether displayed directly or indirectly to any other users) which in fact or in our reasonable opinion:
  
• oobreaches any laws or regulations (or may result in a breach of any laws or regulations when used in a manner permitted by the BestBrickPrice Terms of Service);
  
• creates a risk of loss or damage to any person or property;
  
• is fraudulent, false, misleading or deceptive;
  
• harms or exploits any person (whether adult or minor) in any way, including via bullying, harassment or threats of violence;
  
• is hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable;
  
• promotes or encourages self-harming;
  
• infringes our rights or any third party's rights, including any intellectual property rights, contractual rights, confidentiality rights or privacy rights;
  
• is pornographic, sexually explicit, violent or otherwise of a mature nature; or
  
• ooencourages or is likely to encourage any of the above;
  
• violate any applicable laws or regulations, including credit card fraud or bank account fraud;
  
• engage in any illegal or potentially illegal (as determined by us) activities or transactions, including sale of any illicit drugs or money laundering;
  
• gamble, provide gambling information or entice others to engage in gambling through any method;
  
• use or exploit any of our intellectual property rights (including our trademarks, brand name, logo, any other of our proprietary information or the layout or design of any page), or otherwise infringe on any of our intellectual property rights (including attempting to reverse engineer any applications or software used to access BestBrickPrice);
  
• access any of BestBrickPrice, collect or process any content made available through BestBrickPrice, send or redirect any communications through BestBrickPrice, in each case, through the use of any automated bots, software, engines, crawlers, scrapers, data mining tools or the like, or attempt to do any of the foregoing;
  
• engage in any "framing," "mirroring," or other techniques directed at simulating the appearance or function of BestBrickPrice;
  
• interfere with, or attempt to interfere with, any user's or any other party's access to BestBrickPrice;
  
• intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;
  
• share or publish any other person's personally identifiable information using BestBrickPrice without their express consent;
  
• probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, BestBrickPrice, our systems or the systems of other users;
  
• decompile, reverse compile or reverse engineer any of BestBrickPrice Software, or seek to do any of the foregoing, except to the extent that applicable laws and regulations do not allow us to prevent you from doing this;
  
• create multiple accounts for disruptive or abusive purposes;
  
• engage in any other activity that encourages any person or entity to breach the BestBrickPrice Terms of Service (including this BestBrickPrice Acceptable Use Policy); or
  
• use BestBrickPrice in any manner or for any purpose which breaches the BestBrickPrice Terms of Service (including this BestBrickPrice Acceptable Use Policy).
  

RESTRICTIONS ON YOUR USE OF BestBrickPrice SOFTWARE

You may not, nor may you permit any other person to (except where we expressly permit you to do so):

• sub-license, rent, lease or sell BestBrickPrice Software;
  
• use BestBrickPrice Software to gain unauthorised access to any system, account or data;
  
• directly or indirectly charge others for use or access to BestBrickPrice Software;
  
• directly or indirectly suggest our support or endorsement of any product, service or content (including any personal web site);
  
• make BestBrickPrice Software publicly available or available on any network for copying, download or use by any person or persons;
  
• remove, obscure or modify any copyright, trade mark or other proprietary rights notice, marks or indications found in or on BestBrickPrice Software;
  
• misrepresent the source or ownership of BestBrickPrice Software;
  
• copy, reproduce, adapt, modify, translate or create derivate works from BestBrickPrice Software, lend, hire, rent, perform, sub-license, make available to the public, broadcast, distribute, transmit or otherwise use any Licensed Item in whole or in part, or attempt to do any of the foregoing;
  
• attempt to disrupt or interfere with BestBrickPrice Software including manipulating the legitimate operation of BestBrickPrice Software;
  
• use cheats, exploits, automation software or any unauthorised third party software designed to modify or interfere with BestBrickPrice Software;
  
• disrupt or overburden any computer or server used to offer or support BestBrickPrice Software, or other users' use of BestBrickPrice Software; or
  
• develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with BestBrickPrice Software, except where we expressly permit you to do so via BestBrickPrice Software (and where this is the case, your use of such BestBrickPrice Software may be subject to additional terms and conditions as notified by us to you).
  

Please note that there may be technological measures in BestBrickPrice Software that are designed to prevent unlicensed or unauthorised use of BestBrickPrice Software or use of BestBrickPrice Software in breach of this BestBrickPrice Acceptable Use Policy. You agree that we may use these measures and that you will not seek to disable or circumvent them in any way.

PROHIBITED USERS

You may not register for or use BestBrickPrice if:

• you have been convicted of any child abuse offence or sex offence;
  
• you are less than 13 years of age; or
  
• we have previously terminated your account and advised you that you may no longer use BestBrickPrice or any of our other services.copy, reproduce, adapt, modify, translate or create derivate works from BestBrickPrice Software, lend, hire, rent, perform, sub-license, make available to the public, broadcast, distribute, transmit or otherwise use any Licensed Item in whole or in part, or attempt to do any of the foregoing;
  
• attempt to disrupt or interfere with BestBrickPrice Software including manipulating the legitimate operation of BestBrickPrice Software;
  
• use cheats, exploits, automation software or any unauthorised third party software designed to modify or interfere with BestBrickPrice Software;
  
• disrupt or overburden any computer or server used to offer or support BestBrickPrice Software, or other users' use of BestBrickPrice Software; or
  
• develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with BestBrickPrice Software, except where we expressly permit you to do so via BestBrickPrice Software (and where this is the case, your use of such BestBrickPrice Software may be subject to additional terms and conditions as notified by us to you).
  

Please note that there may be technological measures in BestBrickPrice Software that are designed to prevent unlicensed or unauthorised use of BestBrickPrice Software or use of BestBrickPrice Software in breach of this BestBrickPrice Acceptable Use Policy. You agree that we may use these measures and that you will not seek to disable or circumvent them in any way.

YOUR ACCOUNT

You may need to create an account with us in order to access and use BestBrickPrice.

Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within BestBrickPrice remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.

You are responsible for: (i) safeguarding your account details, including any passwords used to access your account and BestBrickPrice, and (ii) all use of BestBrickPrice under your account. You must promptly notify us at  support@BestBrickPrice.com if you know or suspect that your password or account has been compromised. We will regard all use of your account on BestBrickPrice as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.

Account deactivation

BestBrickPrice may offer methods for deactivating your service-specific account – please refer to BestBrickPrice for further guidance (if available) from time to time.

PAYMENTS

You may, from time to time, make payments to us or third parties as part of your use of BestBrickPrice (including for the provision of BestBrickPrice or provision of certain additional features within BestBrickPrice). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of Items and products are subject to change at any time.

SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US FOR A PARTICULAR ITEM OR PRODUCT WITHIN BestBrickPrice, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR PRODUCTS WITHIN BestBrickPrice (WHETHER USED OR UNUSED).

We may process payments from you in BestBrickPrice via a third party service. Where such third party payment processor is:

• Money Data Limited, an affiliate company of ours, you agree to comply with these Terms and the BestBrickPrice Payment System User Service Agreement; or
  
• another third party, you agree to comply with that relevant third party's terms and conditions in relation to the payment processing service, as further set out in the "Third Party Content and Services" section below.
  

YOUR CONTENT

When you submit, upload, transmit or display any data, information, media or other content in connection with your use of BestBrickPrice (" Your Content"), you understand and agree that:

• you will continue to own and be responsible for Your Content;
  
• we will not sell Your Content to any third party;
  
• you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve BestBrickPrice and our other services, including new services that we may provide in the future. All such use will be in accordance with our BestBrickPrice Privacy Policy;
  
• in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;
  
• we may share Your Content with third parties that we work with to help provide, promote, develop and improve BestBrickPrice, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to BestBrickPrice);
  
• we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
  
• you will comply with these Terms, including our BestBrickPrice Acceptable Use Policy, in your submission of Your Content.
  

You may be able to create certain content within BestBrickPrice, such as Stickers. Such content is part of Your Content, and is subject to these Terms.

In addition, you agree that we and our affiliate companies (subject to these Terms, our  BestBrickPrice Privacy Policy and applicable laws and regulations):

• are allowed to retain and continue to use Your Content after you stop using BestBrickPrice – for example, where you have shared Your Content with other users of BestBrickPrice;
  
• may be required to retain or disclose Your Content in order to: (i) comply with applicable laws or regulations; (ii) comply with a court order, subpoena or other legal process; or (iii) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
  
• may need to retain or disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of BestBrickPrice.
  

You understand that even if you seek to delete Your Content from BestBrickPrice, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via BestBrickPrice.

We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.

Responsibility for Your Content

You are solely responsible for Your Content at all times, and should frequently back up Your Content.

You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.

INFRINGEMENT OF RIGHTS

We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact support@BestBrickPrice.com.

THIRD PARTY CONTENT AND SERVICES

We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by BestBrickPrice, including content provided by users of BestBrickPrice or by our advertisers. You acknowledge and agree that by using BestBrickPrice, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from BestBrickPrice by you is at your own risk. Your use of BestBrickPrice does not give you any rights in or to any content you may access or obtain in connection with your use of BestBrickPrice.

We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through BestBrickPrice and we will bear no responsibility for your use of or relationship with any such third parties or third party services.

We may review (but make no commitment to review) content or third party services made available through BestBrickPrice to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of BestBrickPrice.

There may be, from time to time, third party content and services on BestBrickPrice that are subject to further terms – for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held on BestBrickPrice. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third party content and services.

ADVERTISING CONTENT ON BestBrickPrice

BestBrickPrice may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in BestBrickPrice and that (where reasonably practicable) we will identify paid such advertising or commercial content. You also agree that, as explained in more detail in our  BestBrickPrice Privacy Policy, we use targeted advertising to try to make advertising more relevant and valuable to you.

OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to BestBrickPrice and any BestBrickPrice Software (including any future updates, upgrades and new versions to all such BestBrickPrice Software), will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trade marks or product names (for example, "BestBrickPrice"), logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding BestBrickPrice are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

Where you download and use any software from us as part of or in relation to your use of BestBrickPrice (any such software being the " BestBrickPrice Software"), we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the relevant BestBrickPrice Software in accordance with these Terms (including any specific technical requirements that relate to the BestBrickPrice Software or its use on your particular device). Please note that these licence terms may be supplemented by terms and conditions applicable to the specific BestBrickPrice Software.

You may not copy, modify, reverse compile, reverse engineer or extract source codes from BestBrickPrice Software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from BestBrickPrice Software, you will first contact us to request the information you need.

We may from time to time provide updates to BestBrickPrice Software. Such updates may occur automatically or manually. Please note that BestBrickPrice Software may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of BestBrickPrice Software, or that such updates will continue to support your device or system.

For the purposes of these Terms, "BestBrickPrice Software" includes any items, content or features (the " Items") within the BestBrickPrice Software – for example, Stickers or other downloadable items within BestBrickPrice, and any content accessed or used by you within BestBrickPrice. You must comply with any additional terms and conditions applicable to any such Items. We will notify you of any such additional terms and conditions within BestBrickPrice, within an Appendix to these Terms and/or in another manner. We may license these Items to you upon payment by you of "real world money" as applicable from time to time. You acknowledge that you do not own these Items and the amounts associated with such Items do not refer to any credit balance of real currency or the equivalent. We may eliminate these Items from BestBrickPrice at any time, with or without notice, and we have no liability to you in the event that we exercise these rights.

We may in our discretion provide technical support for BestBrickPrice (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.

USE OF YOUR DEVICE BY BestBrickPrice

In order for us to provide BestBrickPrice to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access BestBrickPrice – for example, we may need to use your device's processor and storage to complete the relevant BestBrickPrice Software installation, or we may need to access your contact list to provide certain interactive functions within BestBrickPrice. You agree to give us such access to and use of your device.

We will provide further information regarding how BestBrickPrice uses and accesses your device within BestBrickPrice or in another manner (e.g. via the relevant app store as part of the installation process for BestBrickPrice on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide BestBrickPrice to you.

Any Personal Information (as defined in the BestBrickPrice Privacy Policy) that we use or access within your device will be treated in accordance with these Terms, including our BestBrickPrice Privacy Policy.

You may need an adequate internet connection in order to authentic your BestBrickPrice account or use BestBrickPrice. You may also be required to activate certain functionalities within BestBrickPrice in the manner described within BestBrickPrice. You may not be able to use certain functionalities within BestBrickPrice if you do not comply with such requirements.

Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of BestBrickPrice or BestBrickPrice Software.

THIRD PARTY SOFTWARE

The "Third Party Content and Services" section above applies to any software supplied by third parties (including software, plug-ins, tools, codecs, data and content within such software) for use in connection with, or incorporated within, BestBrickPrice (" Third Party Software"), including your use of such Third Party Software.

In addition to that section, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Third Party Software. Any reliance on or use of such Third Party Software is at your own risk.

You must comply with any additional terms and conditions applicable to any such Third Party Software. We will notify you of any such additional terms and conditions within BestBrickPrice, within an Appendix to these Terms and/or in another manner.

We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support.

OPEN SOURCE SOFTWARE

Further to the "Third Party Software" section above, BestBrickPrice may use software that is subject to "open source" licences (the " Open Source Software"). Where we use such Open Source Software, please note that:

• there may be provisions in the Open Source Software's licence that expressly override these Terms, in which case such provisions shall prevail to the extent of any conflict with these Terms; and
  
• we will credit the relevant Open Source Software (including notifying you of the relevant Open Source Software terms) within BestBrickPrice, within an  Appendix to these Terms and/or in another manner.
  

WARRANTY AND DISCLAIMER

We warrant to you that we will provide BestBrickPrice using reasonable care and skill.

APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BestBrickPrice (INCLUDING ANY BestBrickPrice SOFTWARE) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO BestBrickPrice, ANY BestBrickPrice SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY BestBrickPrice, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT BestBrickPrice OR BestBrickPrice SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT BestBrickPrice OR BestBrickPrice SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT BestBrickPrice OR BestBrickPrice SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

LIABILITY FOR BestBrickPrice

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR BestBrickPrice (INCLUDING ANY BestBrickPrice SOFTWARE), ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF BestBrickPrice OR BestBrickPrice SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II) USD100 (ONE HUNDRED US DOLLARS).

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:

• IN CONNECTION WITH THESE TERMS OR BestBrickPrice OR BestBrickPrice SOFTWARE, FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF BestBrickPrice OR BestBrickPrice SOFTWARE; (VI) YOUR USE OF BestBrickPrice OR BestBrickPrice SOFTWARE IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
  
• FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/OR
  
• FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
  

Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:

• any liability for fraud;
  
• any liability for death or personal injury;
  
• any liability for gross negligence or wilful misconduct; or
  
• any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
  

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.

YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING BestBrickPrice OR BestBrickPrice SOFTWARE ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF BestBrickPrice OR BestBrickPrice SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS.

NO LIABILITY FOR THIRD PARTIES

As set out in the "Third Party Content and Services" and "Third Party Software" sections of these Terms, various third parties may provide certain content, services or software within BestBrickPrice.

THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH BestBrickPrice, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN BestBrickPrice.

TERMINATION

These Terms will apply to your use of BestBrickPrice until your access to BestBrickPrice is terminated by either you or us.

We may suspend or terminate your access to your account or any or all of BestBrickPrice: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of BestBrickPrice creates risk for us or for other users of BestBrickPrice, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use BestBrickPrice for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.

Upon termination of your access to BestBrickPrice (in whole or in part), you will immediately permanently delete all copies of BestBrickPrice Software to which the termination relates and you will immediately cease accessing and using any such BestBrickPrice Software.

Retention and back-up of Your Content

Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms (in particular, the BestBrickPrice Privacy Policy). Where we suspend or terminate all or part of BestBrickPrice, or where your access to BestBrickPrice is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.

GENERAL

These Terms are the entire agreement between you and us in relation to BestBrickPrice. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.

No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.

GOVERNING LAW AND DISPUTE RESOLUTION

Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for example, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court)).

BestBrickPrice TERMS OF SERVICE (USA-SPECIFIC TERMS)

If you are a user of BestBrickPrice in the United States of America, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.

If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

BestBrickPrice TERMS OF SERVICE (AUSTRALIA-SPECIFIC TERMS)

If you are a user of BestBrickPrice in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.

All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by applicable laws and regulations.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable laws and regulations which cannot lawfully be excluded, restricted or modified.

If any guarantee, condition, warranty or term is implied or imposed by any applicable laws and regulations and cannot be excluded (a "Non-Excludable Provision "), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:

• in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
  
• in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.