Terms & Conditions of Use

These Terms & Conditions of Use (“Terms”) tell you the terms and conditions on which you are permitted to use our website (Site). You should read these terms carefully.

ACCEPTANCE OF TERMS

By using the Site, you agree to comply with these Terms

INFORMATION ABOUT THE SITE; COPYRIGHT

The Site is operated by Brooke and Matthews (“BM,” “us” or “we”). The Site and information on this Site is protected by copyright and other intellectual property rights. You are not allowed to create modified versions of the content of the Site or copy the Site without our prior written permission. You may not use information from the Site or purchase products from the Site for commercial purposes without permission. You may not use any of the trademarks owned by us unless we grant you permission.

PRIVACY POLICY

The Privacy Policy tells you how we collect, process and use information about you. The Privacy Policy is available here: [https://brookeandmatthews.com/privacy-policy/]. This includes the use of cookies. By using the Site, you agree to the processing of your data and the necessary cookies.

REGISTRATION

You must register for an account (“Account”). You must provide accurate and complete information and keep your “Account” information updated at all times. You are not allowed to:

  • select or use a username that’s the name of another person with the intent to impersonate that person;
  • use a username that’s a name subject to any rights of a person other than you without appropriate authorization; or
  • use, a username that’s offensive, vulgar, or obscene.

You are solely responsible for the activity that occurs on your “Account”, and for keeping your “Account” password secure. You may never use another person’s user account or registration information for the Site without permission.

You must notify BM immediately of any breach of security or unauthorized use of your -“Account”-. You should never publish, distribute or post login information for your “Account”-.

CONTENT

You may be permitted to upload certain information or content onto the Site. By uploading information onto the Site, you certify that you have the right to upload the information. Information uploaded onto the Site is not confidential, and you grant to BM an unlimited, perpetual, royalty free, fully paid-up, worldwide license to use that information for any purpose, in any format or media. We have the right to disclose your identity and location to any third party who claims that any material uploaded or posted by you infringes any intellectual property right, or breaches any confidentiality or privacy right. We are not responsible or liable for the content or accuracy of any content posted by you or any other user of the Site. We have the right to remove any content or information posted on the Site at any time.

Any content or information posted on the Site by a user must:

  • Not be illegal, inflammatory, defamatory, obscene, or hateful.
  • Not promote violence.
  • Not be sexually explicit.
  • Not promote discrimination based on race, religion, gender, nationality, disability, age, or similar characteristics.
  • Not infringe or breach the rights of any third party.
  • Not threaten, abuse, harass, embarrass, alarm, or seek to annoy another person.
  • Not seek to incite another to engage in any of the prohibited behaviors.
  • Not seek to sell goods or services of a third party.
  • Not misrepresent the source of the information.
  • Be truthful, fair, and appropriate.

PERMITTED USES OF THE SITE

You are responsible for all of your activity in connection with the Site. The Site may only be used for lawful purposes. The Site may not be used to:

  • Violate the law.
  • Harm or defraud anyone.
  • Send or transmit materials that could not be uploaded as content.
  • Transmit unsolicited promotional or advertising materials or spam.
  • Transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks.
  • To participate in a denial of service or other activity that is intended or likely to disrupt the efficient operation of the Site or any other website or computer network.
  • Bypass, circumvent or attempt to bypass any measures we may use to prevent or restrict access to the Products and/or ServicesSite (or other accounts, computer systems and/or networks connected to the Site.

LINKING AND FRAMING

You may place a link from the Site’s home page on another website in a fair and legal manner as long as the link does not adversely affect BM’s or the Site’s reputation. Any such linking may not suggest any endorsement or approval of the other website by BM. You may not link to another page on the Site. You may not frame the Site on any other website.

THIRD PARTY WEBSITES

The Site may contain links to other websites. When you access third party websites, you do so at your own risk. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of another website. The inclusion of any such website does not imply our endorsement or any association between us and the other website operators. You should review the terms of use and privacy policy of other websites before using the website. BM is not responsible for the operation, terms, or privacy policy of other websites.

PAYMENTS

Note that any payment terms presented to you in the process of using or signing up for a Paid Service is deemed part of this Agreement. We use a third-party payment processor to bill you through a payment account linked to your “Account” or as a guest on the Products and/or Services for use of the paid Products and/or Services. The processing of payment will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use our Products and/or Services, you agree to pay us through the Payment Processor, all charges at the prices in effect for any use of such paid Products and/or Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

PAYMENT METHOD

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due still upon demand. We accept many forms of payment methods such as PayPal, Debit Cards, and many other major Credit Card Issuers if your card is declined because we don’t accept it for any reason we will notify you immediately and update our Site with such methods we don’t accept. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than changes in state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more charges at checkout.

CANCELLATION AND/OR TERMINATION

If you wish to terminate your Account, you may do so by following the instructions on the Site. Any fees pair hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

WARRANTY DISCLAIMER

All information contained on or accessible through the Site is provided to you on an “as is” basis. BM does not warrant that the information contained on or accessible through the Site is accurate, complete, current, or reliable. BM disclaims, to the fullest extent permitted by law, all warranties, either express or implied, statutory, or otherwise. BM disclaims all liability related to your use of the Site, or your inability to use the Site.

You should not rely on information from the Site and your use of the Site is solely at your own risk.

ENFORCING OF TERMS

We have the right to determine whether there has been a violation of these Terms. If we determine the Terms have been violated, we have the right to determine the action that will be taken. The action to be taken may include (but may not be limited to):

  • Immediate termination of your right to use the Site. The termination may be temporary or permanent.
  • Immediate removal of any content posted by you to the Site.
  • Issuance of a warning or other communication to you.
  • Legal proceedings against you, including seeking of damages (including indemnity), and recovering all costs and losses suffered as a result of your violation of the Terms.
  • Other forms of legal proceedings against you.
  • Referral to law enforcement agencies for further action.

We will not be liable for any damages which you may suffer as a result of the foregoing actions.

GOVERNING LAW AND JURISDICTION

The law of the State of Indiana will apply to all proceedings related to the Site and these Terms. CHANGES TO THE TERMS

We have the right, in our sole discretion, to modify or replace the Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following changes to these Terms means you accept any changes. If you have questions, you can contact BM at info@brookeandmatthews.com .

DIGITAL MILLENNIUM COPYRIGHT ACT

If you have any copyright concerns about materials posted on the Site, you agree to let BM know. Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to BM’s Designated Agent. An effective notification contains the following:

  • 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 work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
  • 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, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All inquiries not relevant to the foregoing procedure will not receive a response. For more information contact: info@brookeandmatthews.com

LAST REVISED: November 12th, 2018.