Terms of Service Agreement

By signing up for or using the Brojure service ("Service") or any of the services of Brojure LLC ("Brojure"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features of tools which are added to the current Service shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. Brojure reserves the right to update and change the Terms of Service by posting updates and changes to the Brojure website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Brojure's Privacy Policy before you may become a Brojure user.

Account Terms

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.

You acknowledge that Brojure will use the email address you provide as the primary method for communication.

You are responsible for keeping your password secure. Brojure cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Brojure account ("Organization Content"). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any term in the Terms of Service as determined in the sole discretion of Brojure will result in an immediate termination of your services.

Account Activation

The person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Upon account activation, the Account Owner will have the privilege of creating an organization name and URL. Brojure reserves the right to remove or reclaim any organization name and/or URL if we believe it is appropriate (such as when a trademark owner complains about misuse of an organization name/URL or for several other reasons).

General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Brojure.

Technical support is only provided to paying account holders and is only available via email.

You may not use the Brojure service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of California and the United States of America ("USA").

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Brojure.

You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Brojure or Brojure trademarks and/or variations and misspellings thereof.

Questions about the Terms of Service should be sent to [email protected].

You understand that your Organization Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by Brojure, is governed by its Privacy Policy.

Brojure Rights

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Organization Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any Brojure customer, Brojure user, Brojure employee, member, or officer will result in immediate account termination.

Brojure does not pre-screen Organization Content and it is in their sole discretion to refuse or remove any Organization Content that is available via the Service.

We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Brojure employees and contractors may also be Brojure customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

Brojure retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Brojure reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

Brojure reserves the right to remove or reclaim any organization name and/or URL if we believe it is appropriate (such as when a trademark owner complains about misuse of an organization name/URL or for several other reasons).

Limitation of Liability

You expressly understand and agree that Brojure shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

In no event shall Brojure or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Brojure partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.

Brojure does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

Brojure does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

Brojure does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

Waiver and Complete Agreement

The failure of Brojure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Brojure and govern your use of the Service, superseding any prior agreements between you and Brojure (including, but not limited to, any prior versions of the Terms of Service).

Intellectual Property and Customer Content

We do not claim any intellectual property rights over the material you provide to the Brojure service. All material you upload remains yours. You can remove your Brojure organization at any time by deleting your account. This will also remove all content you have stored on the Service.

By uploading Organization Content, you agree: (a) to allow other internet users to view your Organization Content; (b) to allow Brojure to display and store your Organization Content; and (c) that Brojure can, at any time, review all the Organization Content submitted by you to its Service.

You retain ownership over all Organization Content that you upload to Brojure; however, by making your organization public, you agree to allow others to view your Organization Content. You are responsible for compliance of Organization Content with any applicable laws or regulations.

We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

Payment of Fees

A valid credit card is required for premium accounts to process orders using a live payment gateway. Free accounts with a limited set of features and usage restrictions do not require a valid credit card.

The service will be billed in 30 day intervals. When your billing period is over the Account Owner's credit card on file will be automatically charged. Users have approximately two weeks to bring up and settle any issues with the billing.

All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes"). If you are a resident of the USA, you are responsible for all applicable Taxes that arise from or as a result of your subscription to a Plan. These Taxes are based on the rates applicable to the USA billing address you provided to us. Such amounts are in addition to payment for the Plan and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

If you are not a resident of the USA and not subject to USA Sales Tax in respect of the service, you must provide us with a statement by email to [email protected] that 1) you are not a resident of the USA and 2) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in the USA when the service is made. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes on the Plan which will be billed to your credit card until after such time that you provide us with the information described to us.

To the extent that you are a non-resident individual and not a corporation or other legal entity, and your location of usage shifts to a place in the USA when the service is made, you must advise us immediately by email to the address provided above.

Brojure does not provide refunds.

Cancellation and Termination

You may cancel your account at anytime by emailing [email protected] then following the specific instructions indicated to you in Brojure's response.

Once cancellation is confirmed, all of your Organization Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.

If you cancel the Service in the middle of the month, you will receive one final charge on the Account Owner's credit card. Once that invoice has been charged you will not be charged again.

We reserve the right to modify or terminate the Brojure service for any reason, without notice at any time.

Fraud: Without limiting any other remedies, Brojure may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Modifications to the Service and Prices

Prices for using Brojure are subject to change upon 30 days notice from Brojure. Such notice may be provided at any time by posting the changes to the Brojure Site or through email newsletter via announcement.

Brojure reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.

Brojure shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Optional Tools

Brojure may provide you with access to third party tools over which Brojure neither monitors nor has any control or input.

You acknowledge and agree that Brojure provides access to such tools 'as is' without any warranties, representations or conditions of any kind and without any endorsement. Brojure shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).

Brojure strongly recommends that merchants seek specialist advice before using or relying on certain tools.

DMCA Notice and Takedown Procedure

Brojure supports the protection of intellectual property and asks Brojure users to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to [email protected]. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the user can reply with a counter notification to [email protected] if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.

Privacy Policy

Brojure collects e-mail addresses of people who send us e-mail. We also collect information on what pages users access and information provided to us by users via surveys and site registrations. Such information may contain personal data about you including your address, phone numbers, credit card numbers etc. Brojure protects credit card information according to Payment Card Industry Data Security Standards (PCI-DSS). We are not allowed to disclose such personal information without your written permission. However, certain information collected from you and about you is used within the context of providing our services to you. The information we collect is not shared with, sold or rented to others except under certain circumstances and which your use of the Service is deemed to provide us a valid consent to disclose the following:

1. Brojure may share personal information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Brojure's Terms of Service, or as otherwise required by law.
2. Brojure employs other companies to perform tasks on our behalf and may need to share your information with them to provide products and services to you. Brojure may also share your information to provide products or services you've requested or when we have your permission.
3. We will transfer information about you if Brojure is acquired or merged with another company. In this event, Brojure will notify you by email or by putting a prominent notice on the Brojure web site before information about you is transferred and becomes subject to a different privacy policy.

What we do with your information

The term "Personal Information" as used herein is defined as any information that identifies or can be used to identify, contact or locate the person to whom such information pertains. The Personal Information that we collect will be subject to this Privacy Policy, as amended from time to time.

When you register for Brojure we ask for your name, company name, email address, billing address, credit card information. Members who sign up for the free account are not required to enter a credit card however if you want access to a premium account you will need to provide credit card information.

Brojure uses the information we collect for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.

Security

The security of your personal information is important to us. When you enter sensitive information, such as credit card number on our registration form, we encrypt the transmission of that information using secure socket layer technology (SSL). All of our payments are processed through third-party processor Stripe, who protects credit card information according to Payment Card Industry Data Security Standards (PCI-DSS). For more information, see Stripe's privacy policy. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can email us at [email protected].

Disclosure

Brojure may use third party service providers to provide certain services to you and we may share Personal Information with such service providers. We require any company with which we may share Personal Information to protect that data in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services for Brojure.

Brojure may disclose Personal Information under special circumstances, such as to comply with court orders requiring us to do so or when your actions violate the Terms of Service.

We do not sell or otherwise provide Personal Information to other companies for the marketing of their own products or services.

Client Data Storage

Brojure owns the data storage, databases and all rights to the Brojure application however we make no claim to the rights of your data. You retain all rights to your data and we will never contact your clients directly, or use your data for our own business advantage or to compete with you or market to your clients.

Cookies

A cookie is a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. Every computer that accesses our website is assigned a different cookie by us.

Google Analytics and Remarketing

We use a service provided by Google called Google Analytics (GA). GA permits us to reach people who have previously visited our site, and show them relevant advertisements when they visit other sites across the Internet in the Google Display Network. This is often called "remarketing".

Cookies can be used to track your session on our website, to serve customized ads from Google and other third party vendors. When you visit this website, you may view advertisements posted on the site by Google or other third parties. Through first-party and third party cookies, these third parties may collect information about you while you are visiting this website and other websites. They may use this data to show you advertisements on this website and across the Internet based on your prior visits to this website and elsewhere on the Internet. We do not collect this information or control the content of the advertisements that you will see.

Opting Out

You may be able to opt out of customized Google Display Network ads by visiting the Ads Preferences Manager and the Google Analytics Opt-out Browser Add-on.

Your use of this website without opting out means that you understand and agree to data collection to provide you with remarketing ads using GA and cookies from other third party vendors based on your prior visits to this website and elsewhere on the Internet.

PCI-DSS

The Payment Card Industry Data Security Standard (PCI-DSS) is a set of security requirements managed by the PCI Security Standards Council, a joint effort of the payment brands, including Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by merchants and service providers.

Changes to this Privacy Policy

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here or by means of a notice on our homepage so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Questions

Any questions about this Privacy Policy should be addressed to [email protected].