Welcome to brxstr.com (the “Site”).
This Terms of Service Agreement (“Terms”) is a legal agreement between you and A Legendary LLC dba brxstr.com., an Arizona, USA limited liability corporation (“brxstr,” “we,” “our,” or “us”). By clicking the “I ACCEPT” box at the end of these Terms, registering as a user, or using the Site you acknowledge and agree that you have reviewed, understand, and accept these Terms. If you are agreeing to these Terms as an individual, then the term “you” refers to you individually. If you are agreeing to these Terms as a representative of an entity, then you represent that you have the authority to bind that entity and the term “you” refers to that entity.
If you do not agree with all of these Terms, do not click the “I ACCEPT” box at the end of these terms and do not register or otherwise use the Site.
Your access to and use of this Site and all the content made available on and through the Site (such content to include, but is not limited to, information, data, designs, material, images, video or other content) is subject to these Terms and all applicable laws.
If you have previously agreed to any terms of service applicable to the Site or the features, functions or services available via the Site, such terms of service are hereby terminated and are no longer in force or in effect. However, such terminated terms of service shall apply to all transactions between or among buyers, sellers, and designers, that were fully completed prior to the date you accepted these Terms.
For purposes of these Terms, you might be a user of the Site who is (i) a “Buyer” (i.e., you buy items from Sellers), (ii) a Buyer and a “Seller” (i.e., you sell items), and/or (iii) a registered user that uploads or submits to the Site designs (and potentially build instructions and other information) for brick models for publication and display on the Site and/or for distribution and sale by Sellers to Buyers (sometimes referred to in these Terms as a “Designer”).
As noted in these Terms, if you are a Seller, there are special terms and conditions that apply to you and if you are a Designer, there are special terms and conditions that apply to you. By agreeing to these Terms you acknowledge and agree that you have read, understand and agree to such Seller terms and Designer terms, as the case may be.
Note: These Terms contain a binding individual Arbitration and Class Action Waiver Provision in Section 28 (Dispute Resolution and Arbitration; Class Action Waiver), which affects your rights under these Terms and, with respect to any Disputes (as defined in Section 28) between you and brxstr, requires you and brxstr to resolve such Disputes in individual, binding arbitration, not court if you reside in a jurisdiction outside of the European Economic Area (“EEA”)/United Kingdom(“UK”)/Switzerland/Australia/ New Zealand/Turkey/Japan/Brazil. You have a right to OPT OUT of binding arbitration and the class action waiver as provided in Section 28 (Arbitration and Class Action Waiver).
We may make changes to these Terms at any time and we will provide written notice of such changes to you and will give you an opportunity to accept the revised Terms. If you do not agree to the revised Terms, then brxstr is entitled to terminate these Terms and disable your account. Your continued use (e.g., selling, buying) of the Site after such changes have been posted will signify your assent to and acceptance of the revised Terms.
To register as a user of the Site (sometimes referred to in these terms as “users”) and to access or use the Site as a registered user, you must be at least 18 years of age or if older than 18, the age of majority in the jurisdiction in which you reside. If you are not of such an age, you should not accept these Terms, you may not register as a user, and you may not use this Site as a registered user.
You are limited to one (1) account on this Site unless we have granted you permission to have additional accounts, such permission being in our sole discretion. You may access the Site with your account credentials. You may not transfer or sell your account or account credentials to another party.
You agree to provide accurate, current, and complete information about yourself, and you agree to maintain and promptly update all information about yourself. You agree to maintain the security of your username and password for your account. You acknowledge and agree that you are fully responsible for all use of your account, whether or not authorized by you, and for any actions that occur using your account.
The Site is not open or available to residents of any country that is subject to any U.S. sanctions or residents of any country where otherwise prohibited or restricted by law. U.S. sanction countries as of July 28, 2020 are Cuba, Iran, North Korea, and Syria.
- Rules of Conduct:
You agree not to do any of the following while using or accessing the Site:
- publish, display, transmit or facilitate the publication, display or transmission of any content (including without limitation any user generated content that you create or generate) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another’s right of privacy or publicity, hateful, or that, in the sole judgement of brxstr is objectionable to members of any racial, ethnic, religious, or other cultural group, and you agree that we may, in our sole discretion, remove from the Site any such content;
- impersonate any person or entity, including but not limited to, a brxstr employee, moderator, representative or agent (or an official, employee, representative or agent of brxstr affiliates, licensors or licensees), guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
- reproduce, publish, display, distribute, transmit or facilitate the reproduction, publication, display, distribution or transmission of any content that you do not have a right to reproduce, publish, distribute, display or transmit, under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- reproduce, publish, display, distribute or transmit or facilitate the reproduction, publication, display, distribution or transmission of any content that contains a virus, corrupted data, Trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
- delete any author attributions, legal notices or proprietary designations or labels that are related to the Site or any content on the Site;
- use the comment and discussion systems in a manner that adversely affects the availability of its resources to other users (e.g., flooding (continuous posting of repetitive text);
- transmit or facilitate the transmission of any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- violate any applicable local, state, provincial, territorial, national or international law, rule or regulation;
- reproduce, publish, display, distribute, transmit or facilitate the reproduction, publication, display, distribution or transmission of any content (including but not limited to images, content, models, designs, and build instructions) that infringes, violates or misappropriates any patent, design, trademark, trade secret, copyright or other intellectual property right, or any rights of publicity, privacy or any other proprietary rights of any party, and you agree that we may remove any such content that we believe, in our sole discretion, might so infringe, violate or misappropriate rights of others;
- display, offer for sale, or sell any content or item (including without limitation models, designs or build instructions) that infringes, violates or misappropriates any rights of a third party;
- transmit or facilitate the transmission of any content to an e-mail address, messenger-feature address or other location that is not yours or to which you do not have the expressly authorized right to use without securing the prior authorization of such other person or entity;
- harass, stalk, or threaten any other users on the Site;
- participate in any action within the Site which, in the sole judgment of brxstr, exploits or abuses an undocumented aspect of the Site in order to obtain an unfair advantage over other users of the Site;
- participate in any action within the Site which, in the sole judgment of brxstr, defrauds another user including, but not limited to, scamming or social engineering;
- access or attempt to access any areas within the Site that have not been made available to users;
- register for or hold multiple accounts on the Site simultaneously without our prior permission which may be granted or withheld in our sole discretion; or
- circumvent or attempt to circumvent disciplinary measures taken against your account, including registering for or using a new account on the Site after being suspended or banned from the Site.
This list of prohibitions provides examples and is not complete or exclusive. brxstr retains the right to suspend, terminate, or otherwise sanction your use of the Site and your account if you violate these rules of conduct, as well as to take or fail to take any other action required under any applicable laws.
These prohibitions do not require brxstr to moderate, monitor, police, or remove any content you transmit through the Site or that you include or post on the Site, including without limitation in any discussion forum, but brxstr reserves the right to moderate, monitor, police, or remove any such content.
You acknowledge that certain features and functions of the Site may allow you to keep certain information and content private and inaccessible to other users of the Site, and you agree that brxstr may access, moderate, monitor and police such portions of the Site and we may remove any such information and content that is inconsistent with or violates these Terms, in our sole discretion.
- Changes to the Site; Purpose of the Site; and Release of brxstr:
We may in our sole discretion add, delete or change some or all of the services, features and functions offered on or through the Site at any time.
The Site acts as an online platform for Sellers to sell LEGO® items and designs for a model or creation using bricks (“My Own Creation” or “MOC”) and for Buyers to buy Sellers’ items and MOCs. We are not involved in the actual transactions between Buyers and Sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of Sellers to sell items, or the ability of Buyers to buy items. We cannot and do not control whether or not Sellers will complete the sale of items they offer or whether Buyers will complete the purchase of items they have purchased.
Because we are not involved in user-to-user dealings you agree to and do hereby release brxstr from claims, demands and damages in connection with such dealings, including without limitation related to items listed, sold, or purchased or your inability to complete a purchase or a sale of any items.
- General Statements Regarding Fees and Taxes:
Simply becoming a registered user on the Site is free and brxstr does not charge you any fees for simply being a registered user.
Of course, as a Buyer of an item from a Seller, you must pay the Seller for the item you purchase from the Seller.
In addition, certain US states require marketplace facilitators such as brxstr to collect sales tax directly from the Buyer. If the shipping address for an order is in one of these states, state sales tax will be applied to the order regardless of where the Seller is located. Due to technical complexity and the need for accurate recordkeeping, brxstr may restrict the type of payment methods available for all such orders.
Sellers are subject to pricing and payment terms in the Seller Terms (as defined below).
Designers are subject to pricing and payment terms in the Designer Terms (as defined below).
- Buyer Terms:
As a Buyer, if you place an order in a store on the Site, then you are obligated to complete the purchase, subject to any rights you may have to cancel an order under applicable law or under these Terms.
When you purchase items from a Seller, that Seller may require you to agree to a separate set of terms and conditions applicable to your purchase of items from the Seller. Such individual terms and conditions are between you and the Seller, we are not a party to those individual terms and conditions, and such individual terms and conditions do not modify or amend these Terms.
Sellers may cancel orders at any time, including after receiving payment, if for example (and without limitation) the Seller does not have the items that you ordered in stock. If an order is cancelled after payment, you will be entitled to a refund from the Seller.
If you buy items from a store on the Site, please note that as a result of the exchange rate conversion, the actual price you pay may vary from the price shown in the store. See Section 9 for more information about exchange rates.
- Seller Terms:
As a registered user you may upgrade your Buyer account to a Seller account once you have received at least one positive item of feedback from a legitimate Seller and have been verified by one of our administrators. In addition, you will be required to provide certain documents and information to us in order to register as a Seller and to set up your store (including without limitation photo I.D., proof of address, proof of inventory, and the selection and activation of one of the payment methods available on the Site). Your brxstr store will remain closed until (i) your store settings are set up and verified and (ii) we are able to verify other information that you must provide to us in order to become a Seller.
If you create a store, list items for sale, or sell items via the Site, then you agree to the terms and conditions applicable to Sellers on the Site, which terms and conditions may be found at the following link: https://www.brxstr.com/seller_terms (the “Seller Terms”). The Seller Terms are hereby incorporated into these Terms by this reference as if fully stated in these Terms.
We may update and change the Seller Terms from time to time and we will notify you of the updates and changes and you will have an opportunity to accept the revised Seller Terms. If you do not agree to the revised Seller Terms, then brxstr is entitled to terminate these Seller Terms and disable your Seller account. By using the Site, listing any new items for sale in your store on the Site, or selling items via the Site following such notice, you agree to the updated Seller Terms.
- Order Cancellation:
The following are some but not all reasons for which you can request an order to be cancelled. The actual cancellation of an order is to be resolved or agreed by the Buyer and the Seller. If there is a dispute between a Buyer or Seller regarding whether an order should be cancelled, we reserve the right (but do not have an obligation) to resolve the dispute.
- As a Buyer, you can request an order be cancelled for the following reasons:
- Mutual agreement to cancel between Buyer and Seller
- Seller did not respond to emails
- Seller did not have items after order was submitted
- Seller listed item with error
- Seller provided a shipping fee that was too high (not clearly stated in the Seller’s terms and conditions of sale)
- Seller is using an exchange rate inconsistent with the exchange rates specified in these Terms
- Seller did not ship order after payment was made
- Seller is underage (under the age of majority)
- Seller is no longer a registered Seller on the Site
- System problem during order submission (excluding not receiving order notification e-mail)
- Applicable law gives you the right to cancel the order
The following are not valid reasons for a Buyer to cancel an order:
- Buyer no longer wants the items – This is the most common example which brxstr does not tolerate, except where applicable law gives the Buyer the right to cancel an order. Buyer should make sure he or she wants to buy the items before submitting an order, not after. After an order is submitted, the Buyer enters into a legally binding contract with the Seller to purchase all items in that order, subject to the Buyer’s rights under applicable law.
- Buyer found items cheaper somewhere else – Buyer should be confident that he or she is ready to pay the asking prices before submitting an order. After an order is submitted, the Buyer enters into a legally binding contract with the Seller to purchase all items in that order.
- As a Seller, you can request an order be cancelled for the following reasons:
- Mutual agreement to cancel between Buyer and Seller
- Buyer’s email address bounced
- Buyer did not pay for order
- Buyer did not respond to emails
- Buyer did not comply with store terms
- Buyer does not have enough funds to pay
- Buyer demanded a lower price on items
- Buyer submitted a bogus order
- Buyer no longer wants to purchase items
- Buyer found items elsewhere
- Package cannot be delivered to Buyer’s address
- Package returned with incorrect address
- Buyer is underage (under the age of majority)
- Buyer is no longer a registered user of the Site
- System problem during order submission (excluding not receiving order notification e-mail)
- Buyer requested falsifying customs declarations or requested the order be marked as “gift” in order to avoid customs fees.
Sellers who repeatedly cancel orders due to lack of stock or inventory of items listed on the Seller’s store may have their selling privileges suspended or revoked.
- Designer Terms:
If you upload your designs to the Site, then you agree to the terms and conditions applicable to Designers on the Site, which terms and conditions may be found at the following link: https://www.brxstr.com/designer_terms (the “Designer Terms”). The Designer Terms are hereby incorporated into these Terms by this reference as if fully stated in these Terms.
We may update and change the Designer Terms from time to time and we will notify you of the updates and changes and you will have an opportunity to accept the revised Designer Terms. If you do not agree to the revised Designer Terms, then brxstr is entitled to terminate these Designer Terms and disable your account. By using the Site or uploading any designs to the Site following such notice, you agree to the updated Designer Terms.
- Exchange Rates:
If you are a Buyer, please note that as a result of the exchange rate conversion, the actual price may vary from the price shown in the store.
- If you are a Seller, then in your Seller terms and conditions, you can mention currency conversion and that your prices are converted using xe.com rates but only if it’s consistent with how the currency conversion is actually done – the system automatically converts prices using exchange rates from xe.com and order totals are converted using the latest exchange rate in the system as of the time the order is submitted. You don’t need to mention currency conversion at all since the system automatically puts an explanation how currency conversion is done on your store terms page.
- Using other exchange rates is prohibited. Currency conversion is done the same way using the same exchange rates in all stores.
- Hard-coding an exchange rate in your Seller store terms, splash page, store banner or anywhere else in your store is prohibited. Since exchange rates are updated once per day, the hard-coded exchange rate would not correspond to the actual rate that is being used at any given moment. You can instead instruct your Buyers to check the XE.com website to see what the current rates are.
- The Site uses current exchange rates from XE.com to convert prices between the below currencies. Exchange rates on the Site are downloaded from XE.com once per day. Exchange rates provided by XE.com contain the rates and inverted rates for the US Dollar as the base currency (ex. 1 USD = ? EUR and 1 EUR = ? USD). Rates which do not include the US Dollar (ex. 1 EUR = ? GBP) are calculated using a cross rate (ex. USD to GBP rate divided by USD to EUR rate). Rates contain up to 10 decimals. The exchange rates on the XE.com website are updated more frequently and thus the exchange rate on the XE.com website may not match the exchange rate currently in effect on the Site. If the system fails to download the most recent exchange rate, the most recent exchange rate in the system is used.
Prices and order grand totals are converted in all stores the same way using the same exchange rates.
If more currencies are added to the system, you automatically accept that prices in those currencies be converted using these exchange rates. If brxstr abandons the multi-currency system on the Site and moves back to all prices in US Dollars, prices in currencies other than the US Dollar will be converted to the US Dollar using the most recent exchange rate in the system.
|Argentine Peso (ARS)
Australian Dollar (AUD)
Brazilian Real (BRL)
Bulgarian Lev (BGN)
Canadian Dollar (CAD)
Chinese Yuan (CNY)
Croatian Kuna (HRK)
Czech Koruna (CZK)
Danish Krone (DKK)
|Guatemalan Quetzal (GTQ)
Hong Kong Dollar (HKD)
Hungarian Forint (HUF)
Indian Rupee (INR)
Indonesian Rupiah (IDR)
Israeli New Shekel (ILS)
Japanese Yen (JPY)
Macau Pataca (MOP)
Malaysian Ringgit (MYR)
Mexican Peso (MXN)
|New Zealand Dollar (NZD)
Norwegian Kroner (NOK)
Philippine Peso (PHP)
Polish Zloty (PLN)
Pound Sterling (GBP)
Romanian New Lei (RON)
Russian Rouble (RUB)
Serbian Dinar (RSD)
Singapore Dollar (SGD)
South African Rand (ZAR)
|South Korean Won (KRW)
Swedish Krona (SEK)
Swiss Franc (CHF)
Taiwan New Dollar (TWD)
Thai Baht (THB)
Turkish Lira (TRY)
Ukraine Hryvnia (UAH)
US Dollar (USD)
- Buying and Selling Offenses:
All Items which are listed for sale on the Site must be sold through the Seller’s store by a Buyer submitting an order. When using the Site and buying or selling, you agree not to misuse your account as described below. If you’ve experienced any of these buying or selling misuses, please take the appropriate action as described in the following misuses.
You agree that you will not:
- Non-Paying Buyer: As a Buyer, fail to pay the Seller for items after you have submitted an order, unless you are legally entitled to withhold payment. If you as a Seller have experienced a non-paying Buyer in your store, you may submit a non-paying buyer alert.
- Non-Responding Seller: As a Seller, fail to respond to a Buyer who has placed an order in the Seller’s store. If you are a Buyer and have experienced a non-responding Seller on an order that you have placed, you may submit a non-paying buyer alert.
- Non-Shipping Seller: As a Seller, fail to ship items to the Buyer after payment from the Buyer. If you as a Buyer have experienced a non-shipping Seller, you may submit a non-shipping seller alert.
- Fee Avoidance: Circumvent brxstr fee structure, including without limitation using any of the below methods. If you experience any user attempting to avoid fees, you may submit a problem member report.
- Using user contact information obtained from brxstr or the Site or using any feature of the Site to offer to sell items outside of the Site.
- Using the brxstr messaging systems to conduct business either offering items for sale or requesting items to be sold that would circumvent Buyers from buying those items via submitting an order in the applicable Seller’s store on the Site.
- Using our discussion forum to conduct business by offering items for sale not listed in the Seller’s store on the Site or to inquire about items for sale and offering contact information.
- After an order is submitted, as a Seller offering to sell additional items to the Buyer in a manner that would circumvent the brxstr ordering process.
- Seller cancelling a successful order with the intent of receiving a fee refund from brxstr for that order.
- Users must not use their Splash Page, Terms & Conditions, Shipping Policy or About Me page to offer items for sale that would circumvent Buyers from buying those items via submitting an order in the Seller’s store. This includes using a domain name or URL as your store name.
- Linking: Link to pages outside of the Site. Users must not link from their Splash Page, Terms & Conditions, Shipping Policy, About Me page or from their listings of items for sale, to another site. If you experience another user linking to a page outside of the Site, you may submit a problem member report.
- Limit of Feedback in Store Terms: Posting Store Terms that limit or attempt to limit users from leaving feedback or from leaving a certain type of feedback (for example negative).
- Feedback as an Advertising Tool: Put links in feedback comments which link to pages outside of the Site. Such links may be automatically replaced with: https://store. brxstr.com/. It is permitted to put a link (such as www.mystore.com) in feedback comments which redirects directly into the Seller’s store on the Site.
- Feedback Extortion: As a Buyer, demand additional goods, services or refunds over and above what was agreed in the original transaction with the threat of negative Feedback if the Seller does not comply with such demand. Sellers are not allowed to require Buyers to leave positive Feedback or revise existing Feedback in exchange for shipping items, completing refund requests or providing monetary compensation. Sellers are, however, allowed to ask the Buyer to leave positive Feedback at the end of a successful transaction. Please note that we can’t accept reports of Feedback extortion received through email outside of the Site because these can be easily falsified. In order to protect yourself, we recommend you always use the brxstr messaging system to communicate with your Buyer or Seller. If you have experienced feedback extortion, please contact email@example.com.
- Sale of Plagiarized Designs: Offer to sell, sell or provide MOC designs that violate others’ intellectual property rights, publicity or privacy rights as it is expressly forbidden by these Terms. Sellers who facilitate such transactions will incur penalties ranging from a warning to account suspension or termination depending on the severity of circumstances.
- Feedback Removal Rules:
You can remove feedback that you posted up to one month from the date that it was posted. In such case, such feedback is removed immediately, without an approval process and can be reposted.
In addition, the following is a non-exhaustive list of valid reasons for which you can request that feedback you received be removed by brxstr:
- Feedback you received contains vulgar language.
- Feedback you received contains personally identifying information including your name, address, e-mail address or telephone number.
- You are the Seller and the Buyer has not paid. Non-paying buyer alert has been completed or the Buyer has accepted the Non-Paying Buyer (NPB) penalty via NPX.
- You are the Buyer and the Seller has not responded or shipped. Non-responding seller alert or non-shipping seller alert has been completed.
- Feedback you received was posted by a duplicate account of a user who had their user account terminated.
- Feedback you received was posted by a duplicate account of a user who was on your stop list before the order was placed.
- Feedback you received contains information not relevant to the order.
- Feedback you received is clearly an order-related message and not a feedback remark.
- Feedback you received contains a link to pages outside of brxstr.
- Buyer or Seller is attempting feedback extortion as further described in these Terms.
If you’re requesting feedback to be removed for one of two reasons in clause 11.5 or 11.6 above, you must contact firstname.lastname@example.org before you submit the request and let us know the original username of the duplicate account.
Requests for removal of feedback can be submitted until the order is purged from the system – up to 6 months from the order date. Such requests are submitted to the brxstr Administration for approval. If the feedback is removed, it cannot be reposted.
Removal of feedback and the request for removal of feedback is done on the feedback removal request page.
- Customized Email:
There are several e-mails sent to the Buyer that Sellers can customize using macro tags, including emails regarding the receipt of an order, the status of an order, invoice notifications and Buyer requested notifications (e.g., when a certain part is available). Sellers may not offer any additional items for sale in such e-mail. For Wanted List notification emails, Sellers may not 1) put any links to web pages that are outside of brxstr; 2) include a phone number, e-mail address or mailing address; 3) include any other contact information leading to the purchase of the item(s) on the wanted list notification. The only way to purchase the item must be via a link provided in the WANTEDITEM macro tag. Violation of this policy may result in suspension or termination of your account.
Buyers acknowledge and agree that Seller may send such emails to Buyers.
- Customer Information / Privacy:
- User Generated Content:
You may post, display or publish images, captions, titles, materials, information, data, designs, models, build instructions, videos and other content (collectively, “content”) to public areas of the Site, including but not limited to Catalog, Studio Gallery and forums of the Site. You hereby grant to brxstr an irrevocable, worldwide, royalty-free, non-exclusive, assignable, and sub-licensable right and license, for the duration of applicable legal protection of any intellectual property right attached to the content, to use, modify and translate as necessary, reproduce, publish, communicate and display such content in any manner as brxstr deems appropriate in relation to the operation of the Site. You hereby waive your moral rights in the content, to the extent necessary to give effect to the above license.
When you upload any content to any private areas of the Site including but not limited to My Studio and Wanted List of the Site, where no other users have access to your content without your explicit permission, you hereby grant to brxstr a worldwide, assignable, royalty-free, non-exclusive right and license to reproduce, modify and translate as necessary, publish, communicate and display such content solely in your private areas of the Site.
- User Obligations for the Content/Data:
You acknowledge and agree not to distribute, disclose, upload, or transfer to any third party any content or data you receive from or which is displayed on the Site, which includes but is not limited to the inventory data files in the form of XML, CSV, or Tab-Delimited format, except when this is required for the operation of your brxstr store.
- Discussion Forum:
The brxstr Discussion Forum allows our users to gather together to ask questions, discuss topics, and support each other. To ensure that the Forum remains positive and productive, the following rules have been established.
- Be respectful of others. We don’t want to discourage banter or healthy debate. However, hostile or insulting messages aimed at other users, brxstr, or its employees are not acceptable.
- Avoid libel or unfounded statements as they can be harmful to both our users and the Site as a whole. This includes concerns about scams.
- Do not share any personal information about you or anyone else including an e-mail address, physical mailing address, or telephone number.
- Posts should not include foul language, lewd, or other offensive content, or links to such content. This includes replacing offensive words with alternate letters or characters, pornography, or any kind of racial/prejudicial content.
- You cannot offer items for sale which are not listed in your store on the Site.
- No active promotion of a competitor’s website. Linking to other websites that offer items for sale that can be sold on the Site is also not allowed.
- No posting of or linking to confidential information or confidential images from the LEGO Group.
- No religious or political discussions.
- No posting messages for currently banned users or otherwise circumventing said ban.
These rules are enforced by Discussions Moderators who have the final say on what is appropriate to maintain a positive and friendly atmosphere in the forums. At their discretion, they may delete posts without warning that do not comply. Failure to follow the rules may result in suspension of your Forum posting privileges.
- Web Robots & Spiders:
You may not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior, express, written permission. If you are using any of the above to harvest information from the Site, you must cease this activity immediately and contact email@example.com to gain permission or to discuss other alternative possibilities. These rules also apply to posting on the forum pages. In addition to the above mentioned, usage of bots such as, but without limitation, forum-bot, xRumer, ThemaPoster, and other autopost bots are forbidden on the forums and feedback comments. Usage of these bots is a violation of these Terms and may, in our sole discretion, result in an IP Address ban ranging from 24 hours to permanently depending on the severity and content of the bot postings. Any such IP Address ban is in addition to any other remedies we are entitled to under these Terms or at law or in equity.
- Breach; Termination of Account:
We reserve the right to suspend, or terminate your account, delete all of your data and deny you access to any or all of your data stored at the Site if you breach these Terms or if we are unable to verify or authenticate any information you provide to us.
To the extent permitted by applicable law, we also reserve the right to terminate your account, delete all of your data and deny you access to any or all of the Site’s features at any time for any reason without prior notice.
- Site Availability:
brxstr reserves the right to interrupt access to the Site from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that brxstr will not be liable for any interruption of the Site, delay or failure to perform resulting from any causes whatsoever. You acknowledge that access to the Site may be interrupted for reasons beyond the control of brxstr, and brxstr cannot guarantee that you will be able to access the Site or your Account whenever you may wish to do so. brxstr shall not be liable for any interruption of the Site, delay or failure to perform resulting from any causes whatsoever.
- No Warranty:
BRXSTR OFFERS THE SITE AND CONTENT ON THE SITE ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE SITE CONTENT BY BRXSTR. BRXSTR MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY KIND CONCERNING THE SITE OR THE CONTENT ON THE SITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE AS TO FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, MERCHANTABILITY, THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE, OR ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE ARISING FROM USAGE OR TRADE OR COURSE OF PERFORMANCE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF THE EUROPEAN ECONOMIC AREA, ANY WARRANTY LIMITATIONS SET FORTH HEREIN DO NOT APPLY TO YOU.
BRXSTR IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED. WE ALSO ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF IDENTITY OR UNAUTHORIZED ACCESS TO THE SITE, THE CONTENT, OR ALTERATION THEREOF. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE A RESIDENT OF THE EUROPEAN ECONOMIC AREA, ANY LIMITATIONS OF LIABILITY SET FORTH HEREIN DO NOT APPLY TO YOU.
- Limit of Liability:
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL BRXSTR BE LIABLE TO YOU ON ANY THEORY OF LIABILITY OR FORM OF ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY, FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR EXEMPLARY DAMAGES OR FOR ANY LOST PROFITS, LOST REVENUE OR LOSS OF DATA ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, THE USE OF THE SITE CONTENT OR OTHERWISE, EVEN IF BRXSTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, BRXSTR’S CUMULATIVE, AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION OR THEORY OF LIABILITY, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO BRXSTR UNDER THESE TERMS DURING THE THREE (3) MONTH PERIOD PRIOR TO THE DATE SUCH LIABILITY AROSE, LESS IN ALL CIRCUMSTANCES AMOUNTS PREVIOUSLY PAID BY BRXSTR TO YOU IN SATISFACTION OF LIABILITY UNDER THESE TERMS.
CERTAIN JURISDICTIONS’ LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR RIGHTS.
NOTHING IN THESE TERMS IS INTENDED TO LIMIT LIABILITY WHICH MAY NOT BE LIMITED BY APPLICABLE LAW. For Residents of the European Economic Area Only: In case of intent or gross negligence on the part of brxstr, brxstr is liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentional, the liability of brxstr for damages shall be limited to the typically predictable damage. The liability of brxstr for culpable damage to life, body or health as well as the liability under the Product Liability Act shall remain unaffected. Any liability not expressly provided for above shall be disclaimed.
If (i) you misuse any service or the Site or breach these Terms; (ii) you improperly or illegally access, receive or use the Site, a service available on the Site, or your account, including without limitation, the use of your account by anyone other than yourself; or (iii) any contributions, actions or omissions by you in connection with your access to, receipt or use of the Site, or any design, MOC or other content provided by you violates, infringes or misappropriates any intellectual property, publicity, privacy or other rights of any person or entity, and results in brxstr incurring any liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees and court costs), then you agree to reimburse brxstr and its affiliates for all such liabilities, damages, losses, costs and expenses.
If a third party sues brxstr for any of Section 22 (i) – (iii) above, brxstr reserves the right to control the defense and settlement of such third party lawsuit, and you agree to reimburse brxstr for the cost of the defense, including, but not limited to, reasonable and documented attorneys’ fees and expert witness fees.
This Section 22 shall survive any termination of your account or these Terms.
brxstr does not endorse any content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and brxstr expressly disclaims any and all liability in connection with the content.
- General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site, the service available from the Site, and your listing, purchase and sale of items.
Except as explicitly stated otherwise, in cases where brxstr needs to communicate with any member individually, such notices or other official communications shall be given through brxstr’s customer support channel.
- Notice for Claims of Copyright and/or Trademark Infringement:
This section explains how to submit a copyright infringement claim, in accordance with the Digital Millennium Copyright Act (“DMCA”). Although DMCA applies only to copyright matters, brxstr will also use the DMCA process to respond to trademark infringement claims.
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide our designated agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit brxstr to locate the material.
- Information reasonably sufficient to permit brxstr to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the brxstr designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which brxstr may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We have adopted and implemented a policy that provides for termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of brxstr and/or others. We will terminate your account or access to the Site, if, under appropriate circumstances, you are determined to be a repeat infringer.
Members may also use the copyright counter-notification process to submit trademark claim counter-notifications.
LEGO is a trademark of the LEGO Group. Brxstr is a trademark of A Legendary LLC. Users may not use the words “LEGO” or “brxstr” in store names, nor may store names contain the trademarks of any third party unless permission has been granted by the trademark owner.
- Governing Law; Severability, Waiver, Entire Agreement; Survival:
Except as provided below, these Terms together with all our policies are governed by and construed in accordance with United States law, excluding conflicts of law provisions which would result in another jurisdiction’s law governing these Terms, provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected. For United States customers only, these Terms together with all our policies are governed by and construed in accordance with the Federal Arbitration Act and the law of the State of Connecticut, excluding its conflicts of law provisions.
If any provision of these Terms (other than the Class Action Waiver) shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or the arbitrability of Disputes. Notwithstanding the foregoing, if the Class Action Waiver is found to be illegal or unenforceable, (i) Disputes with users located in the United States will be decided by a State or Federal court of competent jurisdiction in the State of Connecticut and (ii) Disputes with users located in any other country will be decided by a court of competent jurisdiction in Denmark.
Brxstr’s failure to enforce any of these Terms is not a waiver of such terms.
These Terms are the entire agreement between you and brxstr regarding the Site or the subject matter of these Terms and supersede all prior or contemporaneous negotiations, discussions or agreements between you and brxstr about this Site or regarding such subject matter.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
- Dispute Resolution and Arbitration; Class Action Waiver:
If you reside in the EEA/UK/Switzerland/Australia/New Zealand/Turkey/Japan/Brazil, then only this first paragraph of this Section 28 will apply to you. brxstr will try and solve any disagreements or disputes that arise between you and brxstr promptly and efficiently. You and brxstr may mutually agree to refer any disagreement or disputed matter to resolution proceedings other than in a court, but you and brxstr are not restricted from bringing court proceedings at any time. The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please email us at firstname.lastname@example.org with the following information: (1) your name, (2) your address, (3) a written description of your disagreement or dispute, and (4) a description of the specific relief you seek. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board or scheme.
If you reside outside the EEA/UK/Switzerland/Australia/New Zealand/ Turkey/Japan/Brazil, then the terms below in this Section 28 apply to you.
This Section 28 facilitates the prompt and efficient resolution of any claim or controversy, suit, action, or other dispute, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and brxstr arising out of or relating to these Terms (“Disputes”).
- Pre-Arbitration Claim Resolution: For all Disputes, whether pursued in court or arbitration, you must first give brxstr an opportunity to resolve the Dispute which is first done by emailing email@example.com the following information: (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration as provided in this Section.
- Individual Binding Arbitration.Please read this Section carefully. It provides that you and brxstr agree that, except as expressly provided above in Pre-Arbitration Claim Resolution or below in this Section, all Disputes shall be resolved by binding individual arbitration as provided in this Section 28. Arbitration replaces the right to go to court, and by entering into this arbitration agreement you acknowledge that you are waiving your right to bring claims and seek remedies in court, including the right to a judge or jury trial, and that your Disputes will be resolved by an arbitrator, not a court. The arbitrator must follow this arbitration agreement and can award the same damages and relief as a court, but may not award any damages disclaimed or limited by these Terms unless, as provided in this Agreement such disclaimer or limitations are not enforceable under applicable law. The arbitrator’s decision is final and binding. Notwithstanding the foregoing, you agree that we may seek injunctive and equitable relief in a court of competent jurisdiction and without having to proceed through arbitration as provided in this Section.
- Conduct of the Arbitration. The arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class or collective arbitration or a consolidated or representative action or arbitration. All Disputes submitted to arbitration under these Terms shall be governed by the law specified in Section 27. Unless otherwise agreed by the parties in writing, the arbitral award shall be made no more than 30 calendar days after the close of the arbitral hearing. Any failure to render the award within this time period shall not affect the validity of the award. The award shall be a reasoned award, including an explanation of the basis of the arbitrator’s decision, and shall be in writing. Such award shall be final and binding on the parties thereto. The prevailing party may present the award to a court of competent jurisdiction for confirmation. An arbitral award may be confirmed in a court of competent jurisdiction.
- Arbitration Procedures. If you are located within the United States, the then-applicable American Arbitration Association (“AAA”) Commercial Arbitration Rules (the “US Rules”) shall apply to any arbitration under these Terms, and if you are located outside the United States, the then-applicable United Nations Commission on International Trade Law (“UNCITRAL”) Arbitration Rules (“International Rules”) shall apply to any arbitration under these Terms, except to the extent the provisions of this Section vary from the applicable US Rules or International Rules. In the case of the International Rules, the appointing authority shall be the AAA and the case shall be administered by AAA in accordance with its “Procedures for Cases under the UNCITRAL Arbitration Rules.” In the case of the US Rules, the arbitration shall be conducted and administered by the AAA. If the AAA refuses or declines to be the appointing authority or to conduct or administer an arbitration for any reason, then JAMS will be the appointing authority and JAMS will conduct and administer that arbitration. In such event, the then applicable JAMS Comprehensive Arbitration Rules & Procedures shall apply to that arbitration and shall be the US Rules for that arbitration for purposes of this Section. If JAMS refuses or declines to be the appointing authority or to conduct or administer an arbitration for any reason, then brxstr may specify a different organization to be the appointing authority and to conduct and administer that arbitration. Further, these Terms concern interstate commerce such that the Federal Arbitration Act (“FAA”) will govern the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statutes of limitations or conditions precedent to arbitration.
- Payment of Arbitration Fees and Costs: As long as you make a request in writing to brxstr by emailing us [firstname.lastname@example.org] prior to the commencement of the arbitration, including without limitation as a part of the pre-arbitration claim resolution contemplated by Section 28.1 above, brxstr will pay all arbitration filing fees and AAA or JAMS or alternative authority hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with brxstr as provided in the Section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
- Location of Arbitration: If you are not located in the United States, you or brxstr may initiate arbitration in a mutually agreeable location that is reasonably convenient for you and brxstr.
If you are located in the United States, you or brxstr may initiate arbitration in the State of Connecticut, or the federal judicial district that includes the address provided in your notification to brxstr of Pre-Arbitration Claims Resolution.
- Class Action Waiver: You agree not to participate as a representative or member of any class of claimants proceeding against brxstr in a judicial forum or an arbitral forum, including a class, representative, collective, consolidated, or private attorney general action.The arbitrators may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a class, collective, or representative proceeding or claims unless both you and brxstr specifically agree to do so following initiation of the arbitration in a writing signed by authorized representatives of each party. If you choose to pursue your Disputes in court by opting out of this provision, as specified in Section 28.8 below, this Class Action Waiver will not apply to you.
- Class Action Waiver Opt-Out; Small Claims Court:Notwithstanding the other terms in this Section, you or brxstr may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute may be and is initiated in small claims court in the United States; or (b) YOU OPT-OUT OF THE ARBITRATION PROCEDURES IN THIS SECTION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST AGREE TO THE THESE TERMS (the “Opt-Out Deadline”). You may opt out of the arbitration terms in this Section by mailing written notification to brxstr. Your written notification must include (1) your name and your brxstr username and account number, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with brxstr through arbitration. Your decision to opt-out of this arbitration provision will have no adverse effect on your relationship with brxstr. Any opt-out request received after the Opt-Out Deadline is not valid and you must pursue your Dispute(s) in arbitration or small claims court as described in this Section.
If you are located in the United States and have elected to pursue Disputes in court by opting out of the arbitration terms in this Section, then you hereby consent and submit to the personal jurisdiction and venue of the United States federal courts located in the State of Connecticut, United States of America, for all Disputes and, if those federal courts do not have jurisdiction over you or the Dispute, then the state courts located in the State of Connecticut, United States of America. The jurisdiction of those courts shall be exclusive, provided that either party may seek injunctive relief or other equitable relief in a court of competent jurisdiction.
- Jury Trial Waiver: If you elect to pursue Disputes in court by opting out of arbitration in this Section then, to the extent jury trials are permitted under applicable law, each party hereby waives, to the maximum extent permitted by applicable law, its right to a jury trial for any cause of action, claim, or suit arising out of or related to these Terms.
You may not assign these Terms to any person or entity without our prior written consent. We may, without your consent, assign these Terms and the rights granted to us in these Terms to (a) an affiliated entity, including a direct or indirect parent company, subsidiary, or sister company, and (b) a third party in connection with a merger, reorganization or the sale or transfer of all or substantially all of our assets related to the Site.