Effective February 14, 2014
2.5. Responsibility of Users. You are entirely responsible for the content of, and any harm resulting from, your User Submissions. Brimah and John does not assume any responsibility or liability for any User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the User Submissions.
2.6. Non-Confidentiality of Your User Submissions. The Services are available to the public, and your User Submissions, along with information concerning your identity that you provide to Brimah and John (including your name, image, employer and location), may be publicly available. Do not post information you consider confidential to the Services. In addition, you agree that Brimah and John may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any User Submission made by you.
2.7. Unsolicited Email, Spamming & Spoofing. You may not use the Services to transmit unsolicited email. You may not send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services. You may not use any domain name on our Services as a pseudonymous return email address for any communications, which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using the Services.
If you believe in good faith that material or Content available on Brimah and John infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify Brimah and John in accordance with Brimah and John’s Copyright or Intellectual Property Infringement Notification Policy, currently accessible at https://www.brimahandjohn.com/intellectual-property-infringement-notification-policy/. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
5 .1. In General. Brimah and John offers the opportunity to sign up to obtain enhanced content and features through the Creator’s Hub. By using or accessing any products, content, features, services or events offered through the Creator’s Hub, you agree to be bound by the terms and conditions of this Section 5, which are specific to use of the Creator’s Hub and shall not apply to the use of any of the Services other than the Creator’s Hub.
5.2. The Creator’s Hub. In order to access certain features of the Creator’s Hub, you will be required to create an online membership account (the “Premium Account”). You agree to: (A) take reasonable measures to maintain the security of your user identification, password and other information relating to your Premium Account; (B) refrain from sharing your Premium Account password or from allowing access to your Premium Account by any third party; (C) be solely responsible for the security, confidentiality, legality and integrity of all messages and content that you receive, transmit or store using the Creator’s Hub and the Premium Account; (D) be responsible for all charges resulting from use of your Premium Account, including unauthorized use prior to your notifying Brimah and John in writing of such use and taking steps to prevent its further occurrence, including by changing your password; (E) comply with the terms and conditions set forth herein; and (F) comply with all applicable EU and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Creator’s Hub.
5.3. Fees; Payment Terms; Account Cancellation.
Brimah and John charges a subscription fee (“Fees”) for the use of the Creator’s Hub. By registering for a Premium Account, you agree to pay Brimah and John the Fees applicable to the account level chosen. Unless otherwise stated, all Fees are in Great British Pounds. Brimah and John expressly reserves the right to change the Fees at any time, upon notice to you. The Fees do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Creator’s Hub, which shall be your sole responsibility. All Fees will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay Brimah and John all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of the Creator’s Hub, whether imposed now or hereinafter by any governmental entity. For any upgrade or downgrade in plan level that you elect, your credit card will automatically be charged the new rate on your next billing cycle.
All Fees are paid in advance and are refundable for 30 days of the initial purchase unless otherwise stated by a contract between Brimah and John and the customer. After the 30 day period there will be no refunds or credits for partial months of service, upgrades/downgrades, or for months when you did not use the Creator’s Hub. We reserve the right to deactivate your access to the Creator’s Hub if you fail to pay applicable fees. You must provide current, complete and accurate billing information. You must promptly update all billing information to keep your account current, complete and accurate (such as by furnishing a new billing address, card number or expiration date), and you must promptly notify Brimah and John if your credit card is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Brimah and John in the event of any refusal of your credit card issuer to pay any amount to Brimah and John for any reason. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, Brimah and John may immediately suspend or terminate this Agreement and your access to the Creator’s Hub.
Your subscription will renew automatically, unless we terminate it or you terminate your subscription by providing written or electronic notice through one of the following methods:
You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
5.4. Limited License to the Creator’s Hub Users. Subject to your strict compliance with this Agreement, Brimah and John grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to use the Content available on Brimah and John the Creator’s Hub (the “Hub Marketplace, Educational Content and Resources”) as described below. You may:
View the Hub Marketplace, Educational Content and Resources while accessing Brimah and John’s Creator’s Hub.
Download or print one copy of any Hub Marketplace, Educational Content and Resources for personal use.
Incorporate, on a non-systematic and non-routine basis, a small excerpt of the Hub Marketplace, Educational Content and Resources (e.g., a few lines of text, a paragraph, a specific graphic, chart or graph) within a report or presentation that is distributed to an audience that is internal to the company for which you are employed (“your company”), as long as you attribute Brimah and John’s Creator’s Hub as the source.
Briefly summarize, on a non-systematic and non-routine basis, Hub Marketplace, Educational Content and Resources in your own words, and distribute the summary to an audience that in internal to your company in connection with a specific project, as long as you attribute Brimah and John’s Creator’s Hub as the source.
Distribute, in digital or hard copy, Hub Marketplace, Educational Content and Resources for which you have purchase reprint rights, to audiences inside or outside your company.
If your Premium Account was obtained under an enterprise license made by your company, distribute Hub Marketplace, Educational Content and Resources in accordance with the terms of that license.
Except as expressly provided in this Section 5.4, you may not post or otherwise distribute Brimah and John’s Creator’s Hub Content (e.g. via hard copy, email, and/or posting on intranet, company bulletin boards or other information storage & retrieval systems). The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Brimah and John’s Creator’s Hub Content, and (B) may be immediately suspended or terminated for any reason, in Brimah and John’s sole discretion, and without advance notice or liability.
THE SERVICES ARE PROVIDED BY BRIMAH AND JOHN ON AN “AS IS” BASIS. BRIMAH AND JOHN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BRIMAH AND JOHN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. BRIMAH AND JOHN MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND, WHERE APPLICABLE, TERMINATE YOUR PREMIUM ACCOUNT. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 8 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
IN NO EVENT WILL BRIMAH AND JOHN BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF BRIMAH AND JOHN MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.
The Services are controlled and offered by Brimah and John from its facilities in the United Kingdom. Brimah and John makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BRIMAH AND JOHN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
YOU AGREE THAT NEITHER BRIMAH AND JOHN NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE BRIMAH AND JOHN SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT BRIMAH AND JOHN SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST BRIMAH AND JOHN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF BRIMAH AND JOHN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.
13.1. In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (A) by obtaining our written consent in a notarized agreement signed by an officer of Brimah and John; or (B) as set forth below in Section 13.2.
13.2. Periodic Revisions. You agree that we may modify the terms of this Agreement from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to this Agreement by: (1) posting a notice on the brimahandjohn.com website for thirty (30) days following any revisions or modifications to this Agreement and/or by posting a notice on brimahandjohn.com the first time that you visit brimahandjohn.com following such revisions or modifications; or (2) through a direct communication to you by email, if you have provided an email address to us. You will be deemed to have agreed to the new terms and conditions if you continue to access the Services after having been notified of such revisions or modifications by email or, if you have not been notified by email, after the passage of thirty (30) days from the time the revised terms and conditions are first posted on brimahandjohn.com (whichever is sooner). If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications.
If any portion of this Agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Brimah and John may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your Brimah and John account or by written communication delivered by first class UK mail to your address on record. You may give notice to Brimah and John at any time via electronic mail to the following address: firstname.lastname@example.org.
Brimah and John may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sub-licensable by you except with Brimah and John’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Brimah and John in any respect whatsoever. The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.