Terms of Service
Welcome to br.st (pronounced "burst", owned and operated by Brinkster Communications Corporation.) social media, content management and file download platform consisting of web sites, services, software applications and networks that allows for the authorized viewing, download and distribution of multimedia digital content over the internet (the "br.st Platform").
The following Terms of Service for the br.st Platform is a legal contract between You, either an individual user of at least 13 years of age ("You" or, collectively, "Users"), and br.st regarding Your use of the br.st Platform.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE BR.ST PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE BR.ST PLATFORM.
The br.st Platform is not available to persons under the age of 13 or to any users previously suspended or removed from the br.st Platform by br.st. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE BR.ST PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE BR.ST PLATFORM. The content on the br.st Platform is only available for personal noncommercial use for end users only, any other use is prohibited.
Your privacy is important to br.st. br.st's Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to br.st's collection, use, and disclosure of Your personal information.
When using the br.st Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
br.st reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the br.st Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the br.st Platform. We will always make a reasonable effort to notify You if we do change these Terms.
Please note that since we respect authors' and content holders' rights, it is br.st's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Please note that br.st will promptly terminate without notice any User's access to the br.st Platform if that User is determined by br.st to be a "repeat infringer." A repeat infringer is a User who has been notified by br.st of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the br.st Platform more than twice.
Subject to Your compliance with the terms and conditions set out in this Terms of Service, br.st hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the br.st Platform for the uploading and distributing of authorized digital content ("User Content").
Content is uploaded at Your own risk. Notwithstanding any obligations hereunder of br.st to protect User Content with security measures, br.st cannot guarantee that there will be no unauthorized copying or distribution of User Content nor will br.st be liable for any copying or usage of the User Content not authorized by br.st.
Subject to Your compliance with the terms and conditions set out in this Terms of Service, br.st hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view and download User Content solely through the br.st Platform subject to the license under which such User Content is distributed.
br.st reserves all rights not expressly granted in this Terms of Service.
br.st reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the br.st Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
You retain all of Your ownership rights in User Content owned by You.
Unless otherwise agreed to in a separate written agreement between You and br.st that was signed by an authorized representative of br.st:
a) By distributing or disseminating User Content through the br.st Platform, You hereby grant to br.st a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit Your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by br.st. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to section 7.3, below, the license granted by You in Section 7.2(a), above, terminates as to a specific piece of User Content once You remove or delete such User Content from the br.st Platform.
c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.
By distributing or disseminating User Content through the br.st Platform, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access You User Content at least a limited, non-exclusive, personal license to view and download such User Content in the manner contemplated by these Terms and the br.st Platform. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the br.st Platform provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the br.st Platform survive any termination or expiration of the license granted in this section 7.3.
You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
(1) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize br.st and br.st's Users to use Your User Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by br.st and this Terms of Service;
(2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and
(3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
Violators of these third-party rights may be subject to criminal and civil liability. br.st reserves all rights and remedies against any Users who violate this Terms of Service.
You understand that when using the br.st Platform You will be exposed to User Content from a variety of sources, and that br.st is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against br.st with respect thereto. br.st does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and br.st expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to this Terms of Service, br.st may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, br.st does not permit copyright infringing activities on the br.st Platform.
BY USING THE BR.ST PLATFORM YOU AGREE NOT TO:
8.1 use the br.st Platform for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the br.st Platform as such services are offered by br.st;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
8.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the br.st Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the br.st Platform, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights on the br.st Platform or User Content;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the br.st Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.8 use the br.st Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the br.st Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10 use the br.st Platform if You are under the age of thirteen (13) years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the br.st Platform or User Content.
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the br.st Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon the br.st Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14 intentionally interfere with or damage operation of the br.st Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
8.15 relay email from a third party's mail servers without the permission of that third party;
8.16 use any robot, spider, scraper, or other automated means to access the br.st Platform for any purpose or bypass any measures br.st may use to prevent or restrict access to the br.st Platform;
8.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the br.st Platform;
8.18 interfere with or disrupt the br.st Platform or servers or networks connected to the br.st Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the br.st Platform; or
8.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the br.st experience.
When You use the br.st Platform to upload and/or download content or any products, services, or information from br.st, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to br.st on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify br.st. You may be liable for the losses incurred by br.st or others due to any unauthorized use of Your br.st Platform account.
The br.st Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). br.st does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the br.st Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
You agree that br.st, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with br.st or Your use of the br.st Platform and remove and discard all or any part of Your account, User profile, and any User Content, at any time. br.st may also in its sole discretion and at any time discontinue providing access to the br.st Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the br.st Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that br.st will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies br.st may have at law or in equity. As discussed herein, br.st does not permit copyright infringing activities on the br.st Platform, and will terminate access to the br.st Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) the br.st Platform, (ii) any term of this Terms of Service, (iii) any policy or practice of br.st in operating the br.st Platform, or (iv) any content or information transmitted through the br.st Platform, is to terminate this Terms of Service and Your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the br.st Platform.
The br.st Platform is owned and operated by Brinkster Communications Corporation. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the br.st Platform provided by Brinkster Communications Corporation (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that are provided and owned by Users, all Materials contained on the br.st Platform are the property of Brinkster Communications Corporation or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Brinkster Communications Corporation or its affiliates and/or third-party licensors. Except as expressly authorized by br.st, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. br.st reserves all rights not expressly granted in this Terms of Service.
You agree to indemnify, save, and hold br.st, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the br.st Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. br.st reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify br.st, and You agree to cooperate with br.st's defense of these claims. br.st will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BR.ST, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BR.ST OR THROUGH THE BR.ST PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM BR.ST INCLUDES BRINKSTER COMMUNICATIONS CORPORATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
YOU EXPRESSLY AGREE THAT THE USE OF THE BR.ST PLATFORM IS AT YOUR SOLE RISK. THE BR.ST PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BR.ST PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
BR.ST, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE BR.ST PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
BR.ST, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BR.ST PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE BR.ST PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY BR.ST HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BR.ST OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE BR.ST PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH BR.ST, EVEN IF BR.ST OR AN BR.ST AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL BR.ST OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE BR.ST PLATFORM OR YOUR INTERACTION WITH OTHER BR.ST PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BR.ST PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN BR.ST AND RECEIVED THROUGH OR ADVERTISED ON THE BR.ST PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT BR.ST HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BR.ST, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BR.ST. BR.ST WOULD NOT BE ABLE TO PROVIDE THE BR.ST PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by You that You will not export such software, technical data, or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on Your compliance with this provision.
br.st may provide You with notices, including those regarding changes to br.st's terms and conditions, by email, regular mail, or postings on the br.st Platform. Notice will be deemed given twenty-four hours after email is sent, unless br.st is notified that the email address is invalid. Notice posted on the br.st Platform is deemed given 30 days following the initial posting.
The failure of br.st to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by br.st.
These Terms will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or br.st will be filed only in the state or federal courts in and for Maricopa County, Arizona, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by br.st without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5, 6.5, and 7-17.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between You and br.st relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by br.st as set forth in section 4 above.
YOU AND BR.ST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BR.ST PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by Brinkster Communications Corporation, located at: Brinkster, 2600 N. Central Ave., Suite 310, Phoenix, AZ 85004, and email:
support@brinkster.com.