Statement of Rights and Responsibilities

This agreement was written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Date of Last Revision: 23 May 2011

This Statement of Rights and Responsibilities ('Statement') governs our relationship with users and others who interact with The Brick Effect. By using or accessing The Brick Effect, users agree to this Statement.

1. Privacy

The privacy of our users is very important to us. We designed our Privacy Policy to make important disclosures about how users can utilise The Brick Effect to share with others and how we collect and can use content and information.  We encourage users to read the Privacy Policy and to use it to help make informed decisions.

2. Sharing User Content and Information

Users own all of the content and information they post on The Brick Effect and can control how it is shared through their privacy and application settings. In addition:

• For content that is covered by intellectual property rights, like photos and videos ('IP content'), users specifically give us the following permission, subject to their privacy and application settings: users grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that they post on or in connection with The Brick Effect ('IP License'). This IP License ends when users delete their IP content or their account unless their content has been shared with others, and they have not deleted it.
• When users delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, users understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
• When users publish content or information using the 'everyone' setting, it means that they are allowing everyone, including people off of The Brick Effect, to access and use that information, and to associate it with the user (e.g. your name and profile picture).
• We always appreciate user feedback or other suggestions about The Brick Effect, but users understand that we may use them without any obligation to compensate the user for them (just as users have no obligation to offer them).

3. Safety

We do our best to keep The Brick Effect safe; however, we cannot guarantee it. We need the help of our users to do that, which includes the following commitments:

• Users will not send or otherwise post unauthorised commercial communications (such as spam) on The Brick Effect.
• Users will not collect the content or information of other users, or otherwise access The Brick Effect, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
• Users will not engage in unlawful multi-level marketing, such as a pyramid scheme, on The Brick Effect.
• Users will not upload viruses or other malicious code.
• Users will not solicit login information or access an account belonging to someone else.
• Users will not bully, intimidate, or harass any user.
• Users will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• Users will not offer any contest, giveaway, or sweepstakes ('promotion') on The Brick Effect without our prior written consent. If we consent, users take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
• Users will not utilise The Brick Effect to do anything unlawful, misleading, malicious, or discriminatory.
• Users will not do anything that could disable, overburden, or impair the proper working of The Brick Effect, such as a denial of service attack.
• Users will not facilitate or encourage any violations of this Statement.

4. Registration and Account Security

The Brick Effect users provide their real names and information, and we need the help of our users to keep it that way. Here are some commitments users make to us relating to registering and maintaining the security of a user account:

1. You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission.

• Users will not create more than one personal profile.
• If we disable a user account, they will not create another one without our permission.
• Users will not utilise their personal profile for their own commercial gain (such as selling a status update to an advertiser).
• Users will not utilise The Brick Effect if they are a convicted sex offender.
• Users will keep their contact information accurate and up-to-date.
• Users will not share their password, (or in the case of developers, your secret key), let anyone else access their account, or do anything else that might jeopardize the security of their account.
• Users will not transfer their account to anyone without first getting our written permission.
• If users select a username for their account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

5. Protecting Other People's Rights

We respect other people's rights, and expect our users to do the same.

• Users will not post content or take any action on The Brick Effect that infringes or violates someone else's rights or otherwise violates the law.
• We can remove any content or information which a user posts on The Brick Effect if we believe that it violates this Statement.
• If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
• If users repeatedly infringe other people's intellectual property rights, we will disable their account when appropriate.
• Users will not use our copyrights or trademarks (including The Brick Effect, Brick Effect, TBE and 'Scream' Logos), or any confusingly similar marks, without our written permission.
• If users collect information from other users, they will: obtain the consent of the other user, make it clear they (and not The Brick Effect) are the one collecting their information, and post a privacy policy explaining what information they collect and how they will utilise it.
• Users will not post anyone's identification documents or sensitive financial information on Facebook.
• Users will not tag other users or send email invitations to non-users without their consent.

6. Payments

If users make a payment on or with The Brick Effect, they agree to our Payment Terms.

7. Special Provisions Applicable to Share Links 

If users include our Share Link button on their website, the following additional terms apply:

• We give users permission to utilise The Brick Effect's Share Link button so that users can post links or content from their website on The Brick Effect.
• Users give us permission to utilise and allow others to utilise such links and content on The Brick Effect.
• Users will not place a Share Link button on any page containing content that would violate this Statement if posted on The Brick Effect.

8. About Advertisements (Ads) and Other Commercial Content Served or Enhanced by The Brick Effect

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to our users. In order to do that, users agree to the following:

• Users can use their privacy setting to limit how their name and profile picture may be associated with commercial, sponsored, or related content (such as a preferable brand) served or enhanced by us. Users give us permission to utilise their name and profile picture in connection with that content, subject to the limits they place.
• We do not give user content or information to advertisers without their consent.
• Users understand that we may not always identify paid services and communications as such.

9. Special Provisions Applicable to Advertisers 

Users can target a specific audience by buying ads on The Brick Effect. The following additional terms apply:

• When users place an order, they will tell us the type of advertising they want to buy, the amount they want to spend, and their bid. If we accept an order, we will deliver their ads as inventory becomes available. When serving their ad, we do our best to deliver the ads to the audience which has been specified, although we cannot guarantee in every instance that the ad will reach its intended target.
• In instances where we believe doing so will enhance the effectiveness of the advertising campaign, we may broaden the targeting criteria which has been specified.
• Users will pay for their orders in accordance with our Payment Terms . The amount owed will be calculated based on our tracking mechanisms.
• User ads will comply with our Advertising Guidelines.
• Users will determine the size, placement, and positioning of their ads.
• We do not guarantee the activity that ads will receive, such as the number of clicks they will obtain.
• We cannot control how people interact with user ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.  We do, however, have systems to detect and filter certain suspicious activity, learn more here.
• Users can cancel their order at any time by contacting us, but it may take up to 24 hours before the ad stops running. Users are responsible for paying for those ads.
• Our license to run users ads will end when we have completed the order. Users understand; however, that if users have interacted with their ad, the ad may remain until the users delete it.
• We can utilise user ads and related content and information for marketing or promotional purposes.
• Users will not issue any press release or make public statements about their relationship with The Brick Effect without written permission.
• We may reject or remove any ad for any reason.
• If users are placing ads on someone else's behalf, we need to make sure they have permission to place those ads, including the following:
  • Users warrant that they have the legal authority to bind the advertiser to this Statement.
  • Users agree that if the advertiser they represent violates this Statement, we may hold them responsible for that violation.

10. Amendments

• We can change this Statement if we provide notice (this will be via email).
• For changes to sections 6, 7 and 9 (sections relating to payments and advertisers), we will give users a minimum of three days notice. For all other changes we will give users a minimum of seven days notice.
• If more than 7,000 users comment on the proposed change, we will also give users the opportunity to participate in a vote in which they will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
• We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.

11. Termination

If users violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of The Brick Effect to that particular user. We will notify users by email or at the next time they attempt to access their account. Users may also delete or disable their account at any time. In all such cases, this Statement shall terminate; however, the following provisions will still apply: 2.2, 2.4, 3-5, 7.2, 8.3, 9.2, 9.5, 9.6, 9.9, 9.12, 9.13, and 11-15.

12. Disputes

• Users will resolve any claim, cause of action or dispute ('claim') they have with us arising out of or relating to this Statement or The Brick Effect exclusively in a state or federal court located in Lancashire County. The laws of the United Kingdom will govern this Statement, as well as any claim that might arise between users and us, without regard to conflict of law provisions. Users agree to submit to the personal jurisdiction of the courts located in Lancashire County for the purpose of litigating all such claims.
• If anyone brings a claim against us related to the actions of our users, content or information on The Brick Effect, they will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
• WE TRY TO KEEP THE BRICK EFFECT UP, BUG-FREE, AND SAFE, BUT USERS UTILISE IT AT THEIR OWN RISK. WE ARE PROVIDING THE BRICK EFFECT "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE BRICK EFFECT WILL BE SAFE OR SECURE. THE BRICK EFFECT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND USERS RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM USERS HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO USERS FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE BRICK EFFECT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE BRICK EFFECT WILL NOT EXCEED THE GREATER OF ONE HUNDRED GREAT BRITISH POUNDS (£100) OR THE AMOUNT USERS HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USERS. IN SUCH CASES, THE BRICK EFFECT'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Special Provisions Applicable to Users Outside the United Kingdom

We strive to create a global community with consistent standards for everyone; however, we also strive to respect local laws. The following provisions apply to users outside the United Kingdom:

• Users consent to having their personal data transferred to and processed in the United Kingdom.
• If users are located in a country embargoed by the United Kingdom, or are on the U.K. Treasury Department's list of Specially Designated Nationals they will not engage in commercial activities on The Brick Effect (such as advertising or payments).
• Certain specific terms that apply only for German users are available here.

14. Definitions

• By 'The Brick Effect' we mean the features and services we make available, including through (a) our website at www.thebrickeffect.com and any other The Brick Effect branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) social plugins such as the share button, the review and rating system and other similar offerings and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
• By 'information' we mean facts and other information about users, including actions they take.
• By 'content' we mean anything which users post on The Brick Effect that would not be included in the definition of 'information'.
• By 'data' we mean content and information that third parties can retrieve from or provide to The Brick Effect.
• By 'post' we mean post on The Brick Effect or otherwise make available to us (such as email).
• By 'use' we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
• By 'active registered user' we mean a user who has logged into The Brick Effect at least once in the previous 30 days.
• By 'application' we mean any application provided by The Brick Effect to be utilised within a personal profile (such as 'photos'). 
• by 'user/s' we mean the individual/s undertaking any activity on or with The Brick Effect.     

15. Other

• If users are a resident of or have their principal place of business in the UK or Ireland, this Statement is an agreement between them and MATCON Productions Limited.  Otherwise, this Statement is an agreement between them and MATCON Productions Incorporated. References to 'us', 'we', and 'our' mean either MATCON Productions Limited or MATCON Productions Incorporated, as appropriate.
• This Statement makes up the entire agreement between the parties regarding The Brick Effect and supersedes any prior agreements.
• If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
• If we fail to enforce any of this Statement, it will not be considered a waiver.
• Any amendment to or waiver of this Statement must be made in writing and signed by us.
• Users will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
• All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
• Nothing in this Statement shall prevent us from complying with the law.
• This Statement does not confer any third party beneficiary rights.
• Users will comply with all applicable laws when using or accessing The Brick Effect.

Users may also want to review the following documents:

• Privacy Policy: The Privacy Policy is designed to help users understand how we collect and utilise information.
• Payment Terms: These additional terms apply to all payments made on or through The Brick Effect.

• Advertising Guidelines: These guidelines outline the policies that apply to advertisements placed on The Brick Effect.
• Promotions Guidelines: These guidelines outline the policies that apply if users have obtained written pre-approval from us to offer contests, sweepstakes, and other types of promotions on The Brick Effect.