Terms & Conditions

Please read carefully before using this website.

 1. Introduction

1.1 - Welcome to the BrownRated website, www.brownrated.com. These terms of use apply to all users of BrownRated and related websites. These Terms of Use apply to website visitors, and shoppers, of the BrownRated and related websites. By using these websites, you signify that you have read, understand, and agree to be bound by (1) these Terms of Use; (2) Privacy Policy; (3) Intellectual Property; and (4) Website Access and Use other documents incorporated in the Terms of Use, or Privacy Policy, (collectively, the “Terms”). If you do not agree to any of the Terms, please do not use the BrownRated and related websites.

 

1.2 - BrownRated may make changes to the Terms from time to time. If BrownRated changes the Terms of Use, we will post the revised terms here. Any other changes will be posted to the applicable website link. As BrownRated may make changes at any time without notifying you, it is your responsibility to review the Terms for any changes.

 

1.3 - The Terms of Use that exist at the time of a particular visit to the BrownRated website govern your use at that time. Areas of the BrownRated website may have different terms posted, and if there is a conflict between these Terms of Use and the terms posted for a specific area of this website, then the latter will govern your use.

 

1.4 - You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case you affirm that you are over the age of 13, as the BrownRated website is not intended for children under 13. If you are under 13 years of age, then please do not use the BrownRated website.

2. BrownRated Accounts

2.1 - In order to access some features of the website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account login information secure. You must notify BrownRated immediately if you become aware any unauthorized use of your account or any other breach of security regarding your account.

 

2.2 - BrownRated cannot and will not be liable for your losses or damage caused by any unauthorized use of your account. And you may be liable for the losses or damage of BrownRated or others due to such unauthorized use.

3. BrownRated Intellectual Property

Except as expressly provided in these terms of use, you are not granted any rights or license to IP owned by BrownRated. BrownRated reserves all rights not expressly granted in these terms of use.

3.1 - Disclaimer

BrownRated accepts unsolicited designs from independent artists who are informed of and have agreed to BrownRated’s policies concerning the IP rights of others as set out in these Terms and elsewhere on the BrownRated website. All designs selected by BrownRated are new, original, and/or transformative works that may parody, satirize, or provide social commentary on the IP rights of others. BrownRated and the selected designs make only “fair use” of the IP rights of others. BrownRated respects all such IP rights of others, and BrownRated is not affiliated with the owners of the IP rights to which the selected designs may refer.

 

3.2 - Copyrights

 

3.2.1 - All original content (“Content”) on the BrownRated website or on BrownRated’s t-shirts is copyrighted to BrownRated and is protected by U.S. and international laws and treaties. Content includes and is not limited to media, artwork, software, text, software or HTML code, scripts, images, graphics, user interfaces, music, videos, photographs, logos, artwork, and the design, selection, assembly, arrangement, and coordination thereof. You understand and agree that the Content is solely owned by BrownRated.

3.2.2 - Unless otherwise indicated, Content does not include the selected designs of independent artists. Content also does not include the IP rights of others, to which the selected designs may refer.

  • 3.3 - Branding Guidelines

3.3.1 - Independent designers of designs selected by BrownRated may use the BROWNRATED®  logo to promote sales of t-shirts or other products bearing their selected designs provided that such use complies with BrownRated’s logo usage guidelines, which are hereby expressly incorporated herein, and further provided that such use must immediately cease upon BrownRated’s written request.

4. Website Access and Use

4.1 - The BrownRated website and all Content associated therewith are provided by BrownRated AS IS as a service to current and prospective customers, independent artists, and visitors to the BrownRated website. BrownRated hereby grants you a limited license to use the BrownRated website and the Content, subject to the following restrictions: (a) your use of the website and the Content is a personal use and is not for any commercial purpose beyond what is permitted by the Terms; (b) you do not copy, download, or print any aspect of the website or the Content beyond what may be reasonably necessary for proper use of the website for its intended purpose; (c) if you copy, download, or print any aspect of the website or the Content, you do not remove or modify any copyright notices or other proprietary notices displayed on the website or the Content; (d) you do not distribute, alter, or modify any aspect of the website without BrownRated’s prior written authorization; and (e) you otherwise comply with these Terms in all respects. No right, title or interest in BrownRated’s Content is conveyed to you. The foregoing is a limited license, not a transfer of title to BrownRated’s Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Content is prohibited.

 

4.2 - Prohibited commercial purposes include, without limitation, any of the following actions: sale of access to the BrownRated website or the Content on another website; use of the BrownRated website or the Content for the primary purpose of gaining advertising or subscription revenue; the sale of advertising targeted to the Content; and any use of the BrownRated website that BrownRated finds, in its sole discretion, to use the BrownRated Content with the effect of competing with or displacing the market for BrownRated, the Content, or the selected designs of independent artists.

5. Prohibited Uses

5.1 - You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of BrownRated, restricts, impairs, interferes or inhibits any other user from using or enjoying the BrownRated website and/or our related services and products.

 

5.2 - You agree not to use or launch any automated system, including without limitation, “bots” or “robots,” “spiders,” or “offline readers,” that accesses the BrownRated website in a manner that sends more request messages to the BrownRated servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BrownRated grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BrownRated reserves the right to revoke these exceptions either generally or in specific cases.

 

5.3 - You agree not to circumvent, disable or otherwise interfere with security-related features of BrownRated website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BrownRated website or the Content therein.

 

5.4 - You agree not to collect or use any personal information from the BrownRated website, as that term is used and/or defined in BrownRated’s Privacy Policy. Personal information includes, but is not limited to, the names, account names, and contact information of other users. Additionally, you agree not to use the communication systems provided by the website (including account messaging and the BrownRated forums) for any commercial purposes. You agree not to solicit, for commercial purposes, any independent artists with respect to their unsolicited designs.

6. Links to Third Party Sites

6.1 - The BrownRated website may contain links to websites controlled by third parties. BrownRated provides these links merely as a convenience and BrownRated is not responsible for and does not endorse, adopt, agree with, or accept any responsibility over the contents or use of these websites. Access to other websites is at your own risk and BrownRated expressly disclaims any responsibility for the content of any third party sites linked to this site. You should take precautions to ensure that whatever you select for your use is free from viruses, worms, trojan horses and the like. You should also refer to the policies posted by the other websites regarding privacy and other topics before you use them. BrownRated is not responsible for third party content accessible through this website, including opinions, advice, statements, and advertisements and you assume all risks associated with your use of this content. If you choose to purchase products or services from a third party, your relationship is directly with the third party. BrownRated makes no representation or warranty as to any third-party products or services.

 

6.2 - Accordingly, BrownRated encourages you to be aware when you leave the BrownRated website and to read the terms and conditions and privacy policy of each other website that you visit.

7. Electronic Communications

7.1 - You consent to receive communications from BrownRated electronically. BrownRated may communicate with you by email, by a message sent to your BrownRated account, by posting a notice on the BrownRated website, by social media message, or by any other digital means. You agree that BrownRated’s electronic communications to you will satisfy any legal requirement that such communications be in writing.

 

7.2 - Any feedback or comments you provide with respect to the website will be treated as non-confidential and we are free to use such information on an unrestricted basis. Requests for information regarding services or user accounts submitted through the website will be treated in accordance with the Privacy Policy.

8. Privacy

10.1 - BrownRated respects your privacy. BrownRated’s Privacy Policy describes what information BrownRated collects about you during your visit to the BrownRated website and what BrownRated does with that information. BrownRated’s privacy policy governs BrownRated’s collection, use, and disclosure of the personal information and non-personal information that you provide to BrownRated, as well as communications between you and BrownRated.

 

8.2 - You must review the Privacy Policy carefully to make sure you understand our practices and procedures. If you have any questions or comments regarding this Privacy Policy, please contact us.

9. General Terms

You agree that, in your use of the BrownRated website, you will comply with all applicable laws.

 

9.1 - Disclaimer

 

9.1.1 - Every effort has been made to ensure the accuracy of the information presented. However, BrownRated assumes no responsibility for the accuracy of the information contained in this website. Product information is subject to change without notice and in the sole discretion of BrownRated. BrownRated may make changes to this website at any time without notice. Mention of non-BrownRated products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.

9.1.2 - ALL CONTENT, MATERIAL, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BROWNRATED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR OTHER WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BROWNRATED MAKES NO WARRANTY THAT: (1) THIS SITE WILL MEET YOUR REQUIREMENTS; (2) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR A LINKED SITE IS DONE AT YOUR OWN DISCRETION AND RISK. BROWNRATED SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA OR FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT, MATERIALS OR INFORMATION. THIS INCLUDES THE TRANSMISSION OF VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SOFTWARE.

9.2 - Limitation of Liability

 

9.2.1 - IN NO EVENT SHALL BROWNRATED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, ACCESS TO, OR INABILITY TO USE THE BROWNRATED WEBSITE OR A LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF BROWNRATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

9.2.2 - BROWNRATED ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DELAYED, LOST OR MISDIRECTED COMMUNICATIONS THROUGH THE BROWNRATED WEBSITE.

9.2.3 - YOU SPECIFICALLY ACKNOWLEDGE THAT BROWNRATED SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY CLAIM THAT AN UNSOLICITED DESIGN SUBMITTED BY AN INDEPENDENT ARTIST HAS VIOLATED THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.

9.3 - Indemnity

 

You agree to defend, indemnify, and hold harmless BrownRated, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the BrownRated; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any IP right; or (iv) any claim that one of your unsolicited designs caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the BrownRated website.

 

9.4 - Waiver

 

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BrownRated’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

9.5 - Limitations on Actions

 

You agree that any cause of action arising out of or relating to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

9.6 - Assignment

 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BrownRated without restriction.

 

9.7 - Formatting

 

The formatting in these Terms (including without restriction the paragraph headings and paragraph numbering) is included to help make these terms easier to read and has no binding effect.

 

9.8 - Governing Law and Jurisdiction

 

The website is controlled by Shopify Ottowa, Canada. All matters relating to your access to, or use of, this website shall be governed by U.S. federal law or the laws of the State of California, notwithstanding any principles of conflicts of law. Any dispute, legal action, or proceeding relating to your access to, or use of, this website shall be exclusively instituted in a state or federal court in California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. BrownRated makes no representations that the information on this website is appropriate for use in other locations. If you choose to access this website from other locations, you do so at your own risk and you are responsible for compliance with any applicable local laws.

 

9.9 - Violations

 

Please report any violations of the Terms, including objectionable or offensive Content, unsolicited design, or BrownRated forum posting. Please state the reasons for your concern and provide a link to the Content, unsolicited design, or BrownRated forum posting in question. Upon receiving such a report, BrownRated in its sole discretion may investigate the matter and take such action as BrownRated determines to be appropriate.

 

9.10 - Other Reservation of Rights

 

BrownRated reserves the right to discontinue any aspect of the BrownRated website at any time.

 

9.11 - Termination or Cancellation

 

You agree that BrownRated may, at any time and at BrownRated’s sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the BrownRated website, and/or your account, or suspend or block your access to the BrownRated website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the BrownRated website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the BrownRated website.

 

9.12 - Entire Agreement

 

The Terms constitute the entire agreement between you and BrownRated regarding the use of the website, superseding any prior agreements between you and BrownRated relating to your use of the website. The failure of BrownRated to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of this agreement shall continue in full force and effect.

 

Please contact us with any questions regarding these Terms.