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Terms & conditions

Introduction

Please read this General Terms & Conditions of Service (“Terms,” “Terms of Service”) before using the https://brixies.co website (the “Website”) operated by Zite Media BVBA, a corporation with limited liabilities formed in Aartselaar, Belgium as this Terms & Conditions contain important information regarding limitations of our liability.

Your access to and use of this Website is conditional upon your acceptance of and compliance with our Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website or by purchasing our product(s), you indicate and consent that you have read and agree to the Terms & Conditions listed and detailed on this page and you agree to be bound by the Terms.

If you disagree with any part of the Terms, then you do not have our permission to access or use the Website. We reserve the right to change or modify the current Terms and Conditions without prior notice or consent.

In these terms and conditions, the words “Brixies”, “Brixies.co”, “us,” “we,”, “our,” and “the Website” (https://brixies.co) refer to Zite Media BVBA and our products as is appropriate in the context of the use of the words.

“You” and “your” refer to you as a user of our products or visitor of our website.

Product Description

Brixies offers a collection of design blocks (Components) and templates for the Wordpress CMS page builder called “Bricks Builder”.  (https://bricksbuilder.io)

These custom components and templates are available on our Brixies.co website.

License agreement

Brixies custom components and templates are licensed under the GNU General Public License. (http://www.gnu.org/licenses/gpl.html) version 2.0 or later.

Components or templates that are purchased from and copied directly from Brixies are limited to a single-user licence. This gives you, the purchaser, the ability to use the library and design sets on an ongoing, non-exclusive basis.

You can use the Brixies Components and Brixies Templates for your clients websites and for your own personal websites as you require.

You may NOT distribute any Brixies components or templates to others or create a similar / competing product.

Your Brixies license allows you to:

  • Develop websites or webpages for clients or for your own endeavors. (By using your license on a client site, you acknowledge and agree that your client will come to you for support.)
  • Modify or tweak the components or templates.
  • Integrate components or templates with other materials to produce a new composition. Note that any resulting creations remain bound by this license’s conditions.
  • Utilize the components and templates in various projects on numerous occasions.

Your Brixies license does not allow you to:

  • Redistribute our components or templates, even if altered. This means you can’t adjust or replicate a component or template and then market it as your own on any platform. Transferring products to different accounts or presenting them in a manner accessible to other accounts is prohibited.
  • Market or share acquired components or templates on any platform, including private channels and bots, regardless of the situation.
  • Provide the downloaded components or templates to others. When producing components or templates for sale or complementary distribution, they must not contain modifiable source files.

If we believe you’re not adhering to this contract and our service usage conditions, we hold the authority to suspend your account and limit your access to our products, without any reimbursement or detailed reasoning. Breaches of these conditions will be pursued as rigorously as the law allows.

Purchases

When you make a purchase on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. You may make purchases using the following third party payment processors: Stripe.

We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: American Express, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Subscriptions

This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is indefinite until the user cancels..

You must make a minimum purchase to qualify for the subscription. The minimum purchase required is as follows: 1 license.

Automatic renewals of subscriptions

When you purchase a subscription on the website, your subscription will automatically renew every 12 months. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.

You may cancel the automatic renewals of your subscription via email by contacting us at [email protected]. Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date and that you will no longer be eligible to receive support.

You must provide us with 3 days notice prior to your automatic renewal date of your intent to cancel the automatic renewals for the cancellation to be effective.

Product Delivery

You will receive an email receipt after we have successfully processed the payment. The email receipt contains your download link(s) and license key(s). Optionally, you can also download the purchased products by logging into the account created for you during the purchase process.

Should you not receive an email containing your information, you can contact us through our support page to request your purchase information. You will be able to download the files as long as you have a valid subscription or license keys.

Automatic Updates

Automatic updates and the addition of new components or templates are available to license holders who have an active and valid subscription or lifetime access. Automatic updates are available as long as the subscription from the purchase is valid and active.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

Accounts are limited to a single user/agency.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account through their account on the Website.

Products and pricing

On this Website, Brixies offers services and digital products. The price of these services and digital products can be found on the Website. This price does not include taxes or other fees that you may be charged.

Brixies reserves the right to modify, change, cancel, or upgrade a product’s subscription and/or license key without prior notice or consent. Prices of all products are subject to change without prior notice or consent.

Warranty

We guarantee functionality on a fresh WordPress install (4.5 or higher) with Bricks Builder (1.8 or higher) and a PHP memory of 50MB. We cannot guarantee compatibility with all third-party plugins, themes, or any other software. We will not be responsible for any data loss or issues arising from the use of our products.

This website as well as the items or services displayed or sold on this website are provided “as is,” no warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this website and any items or services displayed or sold on this website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Refund Policy

We offer a 15-day refund policy to ensure customer satisfaction. If you are unhappy with your purchase or encounter an issue that we are unable to resolve, you may be eligible for a refund under the following conditions:

  • The refund request is made within 15 days of the original purchase.
  • The issue stems from the inability to install or use the product for its intended basic functions.
  • You have attempted to resolve the issue with the help of our support team and can provide proof of these efforts.
  • The issue is not caused by third-party plugins, themes, or other external software.

Please note the following important conditions:

If you receive a refund and later repurchase our product, the 15-day refund policy will no longer apply to the new purchase. The refund policy is available only for the first refund request associated with your account.

By purchasing our product, you agree to this refund policy and waive any rights to dispute or question its terms in legal proceedings. For any questions about this policy, you may contact us at [email protected].

Account Termination Policy

We offer cancellations on purchases made of the services and digital products offered on our Website. Please note however that we can only offer cancellations prior to you downloading our product!

You may cancel your order by contacting us at [email protected].
If you cancel your purchase in accordance with the instructions above, you will not be charged a cancellation fee. We will refund the full purchase price that you paid if you cancel your purchase before downloading our product.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to canceling your purchase.

We will issue a partial refund of the purchase price that you paid if we cancel your purchase.

We shall terminate your account with immediate effect and without any notice if we found that you are violating or misusing the product. You will also not be eligible for a refund.

Support

Brixies sells and distributes all products “as is” and with no implied meaning that they will function exactly as you would like or that they will be compatible with all third-party components and plugins. Support for all paid products is available only with an active license/subscription.

Free products and expired licenses aren’t liable for free support. Support and updates for Brixies and other products are provided as long as Brixies is actively in development.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  • Impersonating or attempting to impersonate Zite Media BVBA or its employees, representatives, subsidiaries or divisions;
  • Misrepresenting your identity or affiliation with any person or entity;
    Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  • Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  • Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  • Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  • Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  • Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  • Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  • Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempting to interfere with the proper working of the Website;
  • Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

Comments and uploading content

By submitting a comment or uploading content onto this Website, you grant Zite Media BVBA  (or any appointed representative of the Brixies brand) a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content.

When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information.

You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

  • Content that harasses others;
  • Content that is discriminatory or offensive;
  • Swearing, name calling and otherwise abusive content;
  • Pornographic and sexually explicit content;
  • Content displaying, depicting or suggesting violence;
  • Content that exploits or abuses children;
  • Content encouraging or committing illegal acts;
  • Content sharing personal information without consent;
  • Content infringing on someone’s rights, including intellectual property rights;
  • Content advertising products or services without our permission.
  • Content whose purpose is spamming others.

Remedies

You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:

  • repair;
  • replacement.

You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below.

These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current.

Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.

Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.

Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Damages and limitation of liability

In no event will Zite Media BVBA be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this website or with the delay or inability to access, display or use this website, including but not limited to your reliance upon opinions or information appearing on this website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Zite Media BVBA has been advised of the possibility of such damages.

If, despite the limitation above, Zite Media BVBA is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Zite Media BVBA will in no event exceed the service fees you paid to Zite Media BVBA in connection with such transaction(s) on the Brixies.co website.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms of use is found to have failed of its essential purpose. The limitations of liability provided in these terms of use are to the benefit of Zite Media BVBA.

The aggregate liability of Zite Media BVBA arising out of or relating to this website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by Zite Media BVBA from you.

European Union Copyright Directive (EUCD) notice and procedure for intellectual property or copyright infringement claims

All contents of this Website are ©2023 Zite Media BVBA or associated third parties. All rights reserved.

Unless specified otherwise, this Website and the products we provide via this website and all content and other materials on this Website including but not limited to all logos, designs, components, templates, products, text, graphics, pictures, information, documentation, support queries, data, software, code (except 3rd party code and frameworks) sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Zite Media BVBA and it’s associate partners and are either registered trademarks, trademarks or otherwise protected intellectual property of Zite Media BVBA or third parties in Belgium and/or other countries and

may therefore not be redistributed without permission or consent. Images used on the site and in the products and templates are licensed under Creative Commons Zero (CC0) and other licenses taken from valid sources.

Claiming any type of intellectual or exclusive ownership rights of our products is strictly prohibited.

If you are aware of a potential infringement of our intellectual property, please contact us at [email protected].

Notification of intellectual property or copyright infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on our Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “European Union Copyright Directive (EUCD)” Your notice to us must include the following information:

  • Your name, email, address and telephone number.
  • A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Zite Media, BVBA
[email protected]
Elsbos 11
2650 Edegem
BELGIUM

Governing law, severability and dispute resolution

These terms shall be governed and construed in accordance with the laws of Belgium, without regard to its conflict of laws provisions.

Our failure to enforce any right or provision of these terms will not be considered a waiver of that right or provision. If any part of this agreement is declared unenforceable or invalid, all remaining clauses in this agreement shall remain in effect and binding on the customer.

These terms constitute the entire agreement between you and Zite Media BVBA regarding our Brixies.co website, and supersede and replace any prior agreements we might have had with you regarding the website.

Any controversy or claim arising out of or relating to these terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Belgium.

You and Zite Media BVBA agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Questions

If you have any questions about our Terms of Service, please contact us at [email protected].