Terms of Service
Brili Terms of Service
This is a legally binding contract between you and Brili. Please make sure you read it, because it is important.
We are going to use some shorthand to make this easier to read. When we say “site,” we mean Brili.co and the services accessible through that website or through the software. When we say “software,” we mean any downloaded platform or software applications (such as smartphone applications) we license to you to access the site. When we say “we,” “us,”, “our,” or “Brili” we mean Brili Inc., an Ontario corporation. When we say “your content,” we mean any text, sound, graphics or other material which you post, upload, or otherwise share on or through the site; similarly, when we say “Brili content” or “our content” we mean any text, sound, graphics, trademarks, service marks, logos, taglines, trade names and other material owned by us or our licensors and made available or accessed through the site or the software. When we say “your account” we mean the user account you must register for in order to use certain services on the site or through the software. When we say “parties” we mean you and us. When we say “our representatives” we mean us and our business partners, licensors, agents, content providers (not including you), service providers, employees, officers, directors and representatives. When we say “software license” we mean the license we grant you to use the software set out in Section 4 of these terms. When we say “terms,” we mean these Brili Terms of Service. When we say “purchase terms”, we mean an on-line purchase process on the site or in the software, or other purchase made pursuant to a master agreement, purchase order, other on-line purchase process, or other written document in respect of the site or the software. When we say “you” or “your” we mean (i) the individual, if the individual is licensing the site or the software for his or her personal use; or (iii) the corporation, institution, partnership, organization or other entity on whose behalf the individual accepting these terms is acting. And when we say “minor”, we mean someone who is not at least the age of majority in their jurisdiction.
2. Accepting these terms
Please read these terms before using the site or any software, including the services accessible through the site or through any software. If you do not agree to these terms, you may not use the site or the software. When you use the site or the software, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms. You agree to have these terms and any related information made available to you, and to otherwise have communications between you and us, occur electronically.
If you are a minor, you must review these terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these terms and agree to be bound by them. By using the site or the software, you affirm that you (i) are at least the age of majority in your jurisdiction; or (ii) if you are a minor that you have your parent’s or legal guardian’s consent to agree to these terms.
Any parent or legal guardian who has consented to the use of the site or the software by a minor acknowledges and agrees that they shall (i) be responsible for the use of the site and the software by such minor, and (ii) indemnify, defend, and hold harmless our representatives, from any and all claims and expenses, including attorneys’ fees, arising out of the use of the site or the software by such minor, including any violation of these terms by such minor.
These terms were last updated, and are effective as of, the “Updated” date indicated below. Use of the site or the software in the future may require you to agree to a new version of these terms that has been amended or modified by us in our sole discretion.
All rights not expressly granted by these terms are reserved to us.
We respect your right to privacy. All information that we may collect via the site or the software is subject to our privacy statement, which is incorporated by reference into these terms and can be viewed at http://www.brili.co/privacy/.
4. Permitted users, licenses and compliance with laws
The site and software are intended for use in Canada and the United States only, however, we make no representation or warranty that the site or the software are appropriate or available for use in or from any particular location, whether in Canada, the United States or elsewhere. You are advised that accessing the site or the software from locations where its contents are illegal is prohibited. Any diversion of the services and/or any content obtained from or through the services contrary to Canadian and/or United States laws is also prohibited. If you access the site or the software from locations other than Canada or the United States, then you do so on your own initiative and you are solely responsible for compliance with all applicable laws, including export and import regulations and intellectual property laws of other countries.
Site License: Subject to these terms (including any purchase terms, if applicable), you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to use the site, including the content therein and the services accessible through the site or through the software, solely for informational purposes and solely for your own personal use.
Software License: Subject to these terms (including any purchase terms, if applicable), you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to download, load, initiate, execute, run, display, view, use and operate on an applicable device the software solely for informational purposes and solely for your own personal use. By downloading, installing or using the software, you agree to comply with all applicable laws and regulations, including those that may govern use of the software or the site, and to respect all applicable third party rights.
You agree to abide by all applicable laws in connection with your use of the site and the software, including those related to intellectual property rights, data privacy, international communications and the transmission of technical or personal data.
You may only use the site and the software on your own behalf and not on behalf of any organization.
The site and the software may be used only for lawful purposes and in a lawful manner.
All rights not expressly granted to you are reserved by Brili and, if applicable, its licensors.
Use of the site and the software may require internet and data access for which you shall be responsible and subject to your internet access provider terms and conditions of use. In no event shall Brili be liable for any internet or data access fees or other charges incurred by you in connection with your use of the site or the software. Any such fees and charges shall be your sole responsibility.
The site may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Brili is not responsible for any delays, delivery failures, or other damage resulting from such problems.
5. Copyright and intellectual property
We own our stuff; you own yours.
You retain ownership of all your content that you post, upload to, or otherwise share on the site. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide, and perpetual license to access, use, and display your content in connection with the site, including the services we provide to you.
In addition, the site and the software may provide features that allow you to share your content with others. There are many things that others may do with that content, including copying it, modifying it, and re-sharing it even if you don’t want them to. So, please consider carefully what you choose to share and with whom; we take no responsibility for that activity.
When you delete your account, any of your content that you have not otherwise deleted may remain on the site.
All of our content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site and the software are copyrighted by us or our licensors, and are protected by Canadian, United States and international intellectual property laws. Use of the Brili content without our express prior written permission is strictly prohibited.
Brili.co, Brili, and the Brili logo are trademarks or registered trademarks of Brili Inc, in Canada and in the United States and other countries. Our trademarks may not be used in connection with any product or service without our express written permission.
Subject to any applicable law (and, in the case of personal information, the requirements of Section 3), any communications that you send or which are sent to you via the site or the software, whether solicited by us or otherwise, are on a non-confidential basis, and we are free to use and disclose the content of any such communication, including any ideas, inventions, concepts or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including copyright, trademark, patent, unfair competition, moral rights, or implied contract). If you send any unsolicited idea, suggestion or other material in any format, which we call “submissions”, to us or the site, you automatically grant to us and our successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the submissions or any ideas, concepts, know-how or techniques associated with the submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of us or our successors or assigns. You waive all author’s moral rights in your content and submissions (including the right to be associated with your content or submission) upon submission, as well as the right to receive any financial or other consideration in connection with your content and submissions.
6. Use restrictions and prohibited conduct
We have some rules which you must adhere to when using the site and/or the software. You agree not to do any of the following:
· Threaten other users with violence;
· Use hateful, abusive, harassing, libellous, or obscene language towards other users.
· Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
· Copy any of Brili content onto your own or any other website;
· Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation or these terms;
· Use the site or software to send spam, chain letters, junk mail, or any other type of unsolicited mass e-mail;
· Use the site to distribute viruses or other harmful, disruptive, or destructive files;
· Use the site or the software in violation of Brili’s or any third party's intellectual property or other proprietary or legal rights;
· Use or attempt to use another person’s account;
· Disrupt or interfere with the security of, or otherwise abuse, the site or the various services, or any servers or networks connected to the site or the various services;
· Attempt to obtain unauthorized access to the site or the software;
· Impersonate another person;
· Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
· Systematically harvest data from the site or the various services, or programmatically register accounts on the site or the various services;
· Access the site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
· Modify or make derivative works based upon the site , or any portion thereof;
· “Frame” or “mirror” any Brili content on any other server or wireless or Internet-based device;
· Reverse engineer or access the site in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the site, or (c) copy any ideas, features, functions or graphics of the site;
· Rent, lease, lend, sell, redistribute or sublicense the software;
· Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); or
· Engage in any commercial or promotional distribution, publishing or exploitation of the software.
You further agree that you are responsible for your actions in relation to the site or the software, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from Canada or the United States as set forth in Section 4 above; and that you will comply with all applicable local, municipal, state, provincial, national and international laws and regulations, including those related to privacy, data collection, and e-mail creation and delivery.
You are granted a limited, nonexclusive right to create a hyperlink to the site, other than to those portions of the site where registration is required.
7. Your account and purchases
Certain services on the site and through the software may only be available to you upon registration for your account. By registering, you represent and warrant to Brili that: (i) you are at least the age of majority in your jurisdiction or if you are a minor have your parent’s or legal guardian’s consent to agree to these terms; (ii) all information provided by you to Brili during the registration process is truthful, accurate and complete; and (iii) you will comply with all terms and conditions of these terms.
As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.
We and our service providers will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that we and/or our service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via the site or the software. You acknowledge that you are solely responsible for maintaining the confidentiality of your account password and that you will be responsible for any loss resulting from any unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your account. Similarly, you are responsible for verifying and maintaining the protection, security, and distribution of your account information, including account numbers, user names, and passwords.
All liability relating to password management resides with you and under no circumstances, including negligence or misconduct, will we be liable for any damages that result from the use of your account.
You can cancel your account at any time by sending an e-mail to support@Brili.com. If you like, you may save your content prior to cancelling your account. Upon cancelling your account, your content will be marked for deletion in sixty days, and will be deleted upon expiration of that sixty-day period.
Purchases made via the Site the Software, or otherwise made in respect of the Site may be subject to additional terms and conditions as set out in the purchase terms. Any purchase terms are incorporated by reference into these terms.
No data transmission over the Internet can be guaranteed to be 100% secure and as a result, we cannot ensure or warrant the security of any information you transmit to us. THE SITE AND THE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR REPRESENTATIVES CANNOT AND DO NOT GUARANTEE AND DO NOT MAKE ANY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT THE SITE OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT ANY ACCESS TO, USE OF, MODIFICATION TO OR RELIANCE ON THE SITE OR THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK.
You and your consenting parent or guardian are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to your use of the site or the software, your, breach of these terms, your violation or infringement of the rights of others, or your violation of any applicable civil or criminal law. Our representatives disclaim any and all responsibility and liability regarding all such matters. You further agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the site and the software, and that you will comply with all applicable law in respect of same. We may investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including your personal information) regarding your usage of the site or the software, in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.
Certain links on the site or the software may take you to other websites. We are not responsible for the content of any such linked pages and we make no representation or warranty regarding, and does not endorse or approve, any linked websites, the information appearing thereon or any of the products or services described. Your use of any such linked website is at your own risk.
9. Limitations of liability
UNDER NO CIRCUMSTANCES — INCLUDING NEGLIGENCE — SHALL OUR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SITE OR THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless our representatives, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site or the software, including your violation of these terms. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification hereunder. The assumption of such defense or control by us, however, shall not excuse any indemnity obligations.
11. Right to terminate
We may at any time without notice or liability decide to alter, amend, modify, or terminate the site or the software, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or the software or any portion or functionality of it will continue to operate or be available for any particular period of time, including removing, adding, modifying, or changing the availability of, restricting access to, or imposing limits on any or all features on, or links to, the site or the software. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the site or the software at any time without notice, but confirm that we have no duty to do so.
If you breach any provision of these terms, then you may no longer use the site or the software and you may have your account cancelled. We, in our discretion, shall determine whether these terms have been violated.
We or our service providers may at any time and for any reason, with or without cause, and in our or their sole discretion, immediately suspend, restrict, qualify or terminate your authorization to use the site or the software, in whole or in part, all without any prior notice or any liability to you or any other person, and you agree to comply with all such measures.
12. Apple Terms and Conditions
In the event that you have downloaded a version of the software for use on the iOS platform, the additional provisions set out in this Section 13 apply to your use of such version of the software. When we say “Apple” in this Section 13 we mean “Apple Inc.”.
The parties acknowledge that these terms are concluded between the parties only and not with Apple, and us, not Apple, are solely responsible for the software and the content thereof. In the event that these terms provide for usage rules for the software that are less restrictive than the Usage Rules set forth for the software in, or otherwise be in conflict with, the App Store Terms of Service as of the effective date of these terms, such usage rules for the software will not be in force to the minimal extent of such inconsistency.
The software license is limited to a non-transferable license to use the software on any iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the software.
To the extent any warranty is imposed upon the software pursuant to any applicable law, in the event of any failure of the software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the software to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty will be our sole responsibility.
The parties acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the software or your possession and/or use of the software, including: (i) product liability claims; (ii) any claim that the software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
The parties acknowledge that, in the event of any third party claim that the software or your possession and use of the software infringes that third party’s intellectual property rights, you, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms in respect of the software, and that, upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms in respect of the software against you as a third party beneficiary thereof.
These terms shall be governed by and construed in accordance with the laws of the province of Ontario, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site or the various services in the courts located within Ottawa, Ontario, and you also agree to submit to the personal and non-exclusive jurisdiction of those courts. To the extent permitted by applicable law, you agree that any claim or cause of action arising out of your use of the site or the software or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site or the various services. You may not assign any right, interest, or benefit provided under these terms or through the site or the various services without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site or the software. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site or the various services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties have expressly required that these terms and all other related documents be drawn up in the English language. Les parties ont expressément exigé que ces conditions d’utilisation et tous les documents qui s’y rapportent soient rédigés en anglais.
14. Contact us
If you have any questions, complaints or claims in respect of the site or the software, we are located at 185 Spadina Avenue, Toronto, Ontario, Canada, M5T 2C6
or can be reached by e-mail at email@example.com
Updated: May 25th, 2018.