Terms of Service Agreement
By signing up for or using the Brojure service ("Service") or
any of the services of Brojure LLC ("Brojure"), you are agreeing to
be bound by the following terms and conditions ("Terms of
Service"). Any new features of tools which are added to the current
Service shall also be subject to the Terms of Service. You can review the
current version of the Terms of Service at any time here. Brojure reserves the
right to update and change the Terms of Service by posting updates and changes
to the Brojure website. You are advised to check the Terms of Service from time
to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions
contained in this Terms of Service agreement and Brojure's
- Account Terms
- You must be 18 years or older or at least the age of majority in the
jurisdiction where you reside or from which you use this Service.
- You must provide your full legal name, current address, a valid email
address, and any other information needed in order to complete the signup
- You acknowledge that Brojure will use the email address you provide as
the primary method for communication.
- You are responsible for keeping your password secure. Brojure cannot
and will not be liable for any loss or damage from your failure to maintain
the security of your account and password.
- You are responsible for all activity and content such as data,
graphics, photos and links that is uploaded under your Brojure account
("Organization Content"). You must not transmit any worms or
viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined
in the sole discretion of Brojure will result in an immediate termination
of your services.
- Account Activation
- The person signing up for the Service will be
the contracting party ("Account Owner") for the purposes of our
Terms of Service and will be the person who is authorized to use any
corresponding account we may provide to the Account Owner in connection
with the Service.
- If you are signing up for the Service on behalf of your employer, your
employer shall be the Account Owner. If you are signing up for the Service
on behalf of your employer, then you represent and warrant that you have
the authority to bind your employer to our Terms of Service.
- Upon account activation, the Account Owner will have the privilege of
creating an organization name and URL. Brojure reserves the right to remove
or reclaim any organization name and/or URL if we believe it is appropriate
(such as when a trademark owner complains about misuse of an organization name/URL or for
several other reasons).
- General Conditions
- You must read, agree with and accept all of the terms and conditions
contained in this User Agreement and the
a member of Brojure.
- Technical support is only provided to paying account holders and is
only available via email.
- You may not use the Brojure service for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws) as well as the
laws of California and the United States of America
- You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the Service
without the express written permission by Brojure.
- You shall not purchase search engine or other pay per click keywords
(such as Google AdWords), or domain names that use Brojure or Brojure
trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to
- You understand that your Organization Content (not including credit
card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices. Credit Card
information is always encrypted during transfer over networks.
- You acknowledge and agree that your use of the Service, including
information transmitted to or stored by Brojure, is governed by its
- Brojure Rights
- We reserve the right to modify or terminate the Service for any reason,
without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any
- We may, but have no obligation to, remove Organization Content and
Accounts containing Content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party's
intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or
retribution) of any Brojure customer, Brojure user, Brojure employee,
member, or officer will result in immediate account termination.
- Brojure does not pre-screen Organization Content and it is in their
sole discretion to refuse or remove any Organization Content that is
available via the Service.
- We reserve the right to provide our services to your competitors and
make no promise of exclusivity in any particular market segment. You
further acknowledge and agree that Brojure employees and contractors may
also be Brojure customers/merchants and that they may compete with you,
although they may not use your confidential information in doing so.
- In the event of a dispute regarding account ownership, we reserve the
right to request documentation to determine or confirm account ownership.
Documentation may include, but is not limited to, a scanned copy of your
business license, government issued photo ID, the last four digits of the
credit card on file, etc.
- Brojure retains the right to determine, in our sole judgment, rightful
account ownership and transfer an account to the rightful owner. If we are
unable to reasonably determine the rightful account owner, Brojure reserves
the right to temporarily disable an account until resolution has been
determined between the disputing parties.
- Brojure reserves the right to remove or reclaim any organization name
and/or URL if we believe it is appropriate (such as when a trademark owner
complains about misuse of an organization name/URL or for several other
- Limitation of Liability
- You expressly understand and agree that Brojure shall not be liable for
any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses resulting from the use of or
inability to use the service.
- In no event shall Brojure or our suppliers be liable for lost profits
or any special, incidental or consequential damages arising out of or in
connection with our site, our services or this agreement (however arising
including negligence). You agree to indemnify and hold us and (as
applicable) our parent, subsidiaries, affiliates, Brojure partners,
officers, directors, agents, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a
- Your use of the Service is at your sole risk. The Service is provided
on an "as is" and "as available" basis without any
warranty or condition, express, implied or statutory.
- Brojure does not warrant that the Service will be uninterrupted,
timely, secure, or error-free.
- Brojure does not warrant that the results that may be obtained from the
use of the Service will be accurate or reliable.
- Brojure does not warrant that the quality of any products, services,
information, or other material purchased or obtained by you through the
Service will meet your expectations, or that any errors in the Service will
- Waiver and Complete Agreement
- The failure of Brojure to exercise or enforce any right or provision of
the Terms of Service shall not constitute a waiver of such right or
provision. The Terms of Service constitutes the entire agreement between
you and Brojure and govern your use of the Service, superseding any prior
agreements between you and Brojure (including, but not limited to, any
prior versions of the Terms of Service).
- Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you
provide to the Brojure service. All material you upload remains yours. You
can remove your Brojure organization at any time by deleting your account.
This will also remove all content you have stored on the Service.
- By uploading Organization Content, you agree: (a) to allow other
internet users to view your Organization Content; (b) to allow Brojure to
display and store your Organization Content; and (c) that Brojure can, at any
time, review all the Organization Content submitted by you to its
- You retain ownership over all Organization Content that you upload to
Brojure; however, by making your organization public, you agree to allow
others to view your Organization Content. You are responsible for
compliance of Organization Content with any applicable laws or
- We will not disclose your confidential information to third parties,
except as required in the course of providing our services. Confidential
information includes any materials or information provided by you to us
which is not publicly known. Confidential information does not include
information that: (a) was in the public domain at the time we received it;
(b) comes into the public domain after we received it through no fault of
ours; (c) we received from someone other than you without breach of our or
their confidentiality obligations; or (d) we are required by law to
- Payment of Fees
- A valid credit card is required for premium accounts to process orders
using a live payment gateway. Free accounts with a limited set of features
and usage restrictions do not require a valid credit card.
- The service will be billed in 30 day intervals. When your billing
period is over the Account Owner's credit card on file will be
automatically charged. Users have approximately two weeks to bring up and
settle any issues with the billing.
- All fees are exclusive of all federal, provincial, state or other
governmental sales, goods and services, harmonized or other taxes, fees or
charges now in force or enacted in the future ("Taxes"). If you
are a resident of the USA, you are responsible for all applicable Taxes
that arise from or as a result of your subscription to a Plan. These Taxes
are based on the rates applicable to the USA billing address you provided
to us. Such amounts are in addition to payment for the Plan and will be
billed to your credit card. If you are exempt from payment of such Taxes,
you must provide us with an original certificate that satisfies applicable
legal requirements attesting to tax-exempt status. Tax exemption will only
apply from and after the date we receive such a certificate.
- If you are not a resident of the USA and not subject to USA Sales Tax
in respect of the service, you must provide us with a statement by email to
[email protected] that 1)
you are not a resident of the USA and 2) to the extent that you are an
individual and not a corporation or other legal entity, you were not
physically present in the USA when the service is made. The statement
should also include your complete home and/or business location address. If
you do not provide such information, you will be charged for Taxes on the
Plan which will be billed to your credit card until after such time that
you provide us with the information described to us.
- To the extent that you are a non-resident individual and not a
corporation or other legal entity, and your location of usage shifts to a
place in the USA when the service is made, you must advise us immediately
by email to the address provided above.
- Brojure does not provide refunds.
- Cancellation and Termination
- You may cancel your account at anytime by emailing
[email protected] then
following the specific instructions indicated to you in Brojure's
- Once cancellation is confirmed, all of your Organization Content will
be immediately deleted from the Service. Since deletion of all data is
final please be sure that you do in fact want to cancel your account before
- If you cancel the Service in the middle of the month, you will receive
one final charge on the Account Owner's credit card. Once that invoice has
been charged you will not be charged again.
- We reserve the right to modify or terminate the Brojure service for any
reason, without notice at any time.
- Fraud: Without limiting any other remedies, Brojure may suspend or
terminate your account if we suspect that you (by conviction, settlement,
insurance or escrow investigation, or otherwise) have engaged in fraudulent
activity in connection with the Site.
- Modifications to the Service and Prices
- Prices for using Brojure are subject to change upon 30 days notice from
Brojure. Such notice may be provided at any time by posting the changes to
the Brojure Site or through email newsletter
- Brojure reserves the right at any time to time to modify or
discontinue, the Service (or any part thereof) with or without notice.
- Brojure shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the
- Optional Tools
- Brojure may provide you with access to third party tools over which
Brojure neither monitors nor has any control or input.
- You acknowledge and agree that Brojure provides access to such tools
'as is' without any warranties, representations or conditions
of any kind and without any endorsement. Brojure shall have no liability
whatsoever arising from or relating to your use of optional third party
- Any use by you of optional tools offered through the site is entirely
at your own risk and discretion and you should ensure that you are familiar
with and approve the terms on which tools are provided by the relevant
third party provider(s).
- Brojure strongly recommends that merchants seek specialist advice
before using or relying on certain tools.
- DMCA Notice and Takedown Procedure
- Brojure supports the protection of intellectual property and asks
Brojure users to do the same. It's our policy to respond to all notices
of alleged copyright infringement. If someone believes that one of our
merchants is infringing their intellectual property rights, they can send a
DMCA Notice to [email protected]. Upon receiving a
DMCA Notice, we may remove or disable access to the material claimed to be
a copyright infringement. Once provided with a notice of takedown, the user
can reply with a counter notification to [email protected] if they object to the
complaint. The original complainant has 14 business days after we receive a
counter notification to seek a court order restraining the merchant from
engaging in the infringing activity, otherwise we restore the material.