Terms of Use

Last Updated: September 6, 2021

1. Your Acceptance

a. These terms of service ("Terms of Service") are a binding legal agreement between you and Cats of Brutalism (www.catsofbrutalism.com"), regarding your use of Cats of Brutalism. Please read these Terms of Service carefully. By accessing or using the Website, you signify your agreement to these Terms of Service. If you do not agree to any of these terms, please do not use the Website.

b. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version of the Terms of Service. Cats of Brutalism, in its sole discretion, may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer and third-party rights or benefits.

2. The Website

a. These Terms of Service apply to all users of the Website, including users who are also contributors of content, information, and other materials or services on the Websites.

b. The Website may contain links to third party websites that are not owned or controlled by Cats of Brutalism. Cats of Brutalism has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Cats of Brutalism will not and cannot censor or edit the content of any third-party site. By using the Websites, you expressly relieve Cats of Brutalism from any and all liability arising from your use of any third-party website.

3. General Use of the Website — Permissions and Restrictions

Cats of Brutalism hereby grants you a revocable, non-transferable, and non-exclusive permission to access and use the Websites as set forth in these Terms of Service, provided that:

a. You agree not to distribute in any medium any part of the Websites, including but not limited to Content and User Submissions (each as defined below), without Cats of Brutalism's prior written authorization.

b. You agree not to alter or modify any part of the Websites, including but not limited to Cats of Brutalism's technologies.

c. You agree not to access User Submissions (defined below) or Content through any technology or means other than any as authorized by this Terms of Service or a written agreement between you and Cats of Brutalism.

d. You agree not to use the Websites for any commercial use without the prior written authorization of Cats of Brutalism. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Cats of Brutalism's express approval:

i. Sale of access to the Website, Content or services via another website or medium (such as a mobile application);

ii. Use of the Website, Content or services for the purpose of gaining advertising or subscription revenue;

iii. The sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or the Content;

iv. Any use of the Websites, Content, User Submissions or services that Cats of Brutalism finds, in its sole discretion, has the effect of competing with or displacing the market for the Website, Content or User Submissions.

v. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", or "offline readers", that accesses the Websites in a manner that sends more request messages to the Cats of Brutalism 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, Cats of Brutalism grants the operators of public search engines permission to use spiders to copy materials from the Websites 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. Cats of Brutalism reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions.

vi. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.

vii. You agree not to impersonate any person or organization.

viiii. Cats of Brutalism reserves the right to discontinue any aspect of the Website or services at any time.

4. Your Use of Content on the Website

In addition to the general restrictions above, the following restrictions

a. The content on the Websites, except all User Submissions, including without limitation, the text, software, scripts, graphics photos, sounds, music, pictures, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Cats of Brutalism, subject to copyright and other intellectual property rights under the law. Content on the Websites is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Cats of Brutalism reserves all rights not expressly granted in and the Websites and the Content.

b. You may access User Submissions solely;

1. For your information and personal use in accordance with these Terms of Service; and

2. As intended through the normal functionality of the Websites.

5. Your User Submission and Conduct 

a. You may submit content (e.g., photographs, graphics, videos) and/or user comments ("User Comments") to Cats of Brutalism. User submitted content and User Comments are collectively referred to as "User Submissions". You understand that whether or not such User Submissions are published, Cats of Brutalism does not guarantee any confidentiality with respect to any User Submissions.

b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize Cats of Brutalism to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

c. You retain full ownership of any Submissions made to Cats of Brutalism. However, by submitting content to Cats of Brutalism, you hereby grant Cats of Brutalism a perpetual, irrevocable, worldwide, non-exclusive, fully paid and royalty-free, sub-licensable and transferable license to use, copy, adapt, modify distribute and prepare derivative works of content submitted, subject to the Cats of Brutalism's Terms of Submission, available here: http://catsofbrutalism.com/submission-terms

d. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cats of Brutalism all of the license rights granted herein.

e. In relation to content submitted or content requested, you agree that you will not reproduce, distribute, or sell our images of any kind without written prior consent and authorization communicated to Cats of Brutalism available at:

catsofbrutalism@gmail.com

f. Cats of Brutalism does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Cats of Brutalism expressly disclaims any and all liability in connection with User Submissions. Cats of Brutalism does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Cats of Brutalism will remove all Content and User Submissions if properly notified in a manner consistent with law that such Content or User Submission infringes on another's intellectual property rights. Cats of Brutalism reserves the right to remove Content and User Submissions without prior notice.

6. Termination Policy

a. You may terminate your use of the Website at any time. Cats of Brutalism may suspend or terminate your access to the Websites or terminate these Terms of Services, at any time, for any reason. If Cats of Brutalism suspects that you have violated any provisions of these Terms of Service, Cats of Brutalism may also seek any other available legal remedy. Your rights under these Terms of Services will terminate automatically if you breach any part of these Terms of Service. You remain solely liable for all obligations related to use of the Websites, even after you have stopped using the Websites.

b. Cats of Brutalism reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Services for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. Cats of Brutalism may remove such User Submission and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. THE WEBSITES, CONTENT, USER SUBMISSIONS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

The Websites are controlled and offered by Cats of Brutalism from its facilities in the United States of America. Cats of Brutalism makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with their local law.

9. Indemnity

You agree to defend, indemnify and hold harmless Cats of Brutalism, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (included but not limited to attorney's fees) arising from: (1) your use of and access to the Websites; (2) your violation of any term of these Terms of Service; (3) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (4) any claim that one of your User Submissions caused damage to a third party or to Cats of Brutalism. This defense and indemnification obligation will survive these Terms of Service and your termination of use of the Website.

10. Privacy

Cats of Brutalism may collect registration and other information about you through the Website. Cats of Brutalism's collection, use, and disclosure of this information are governed by the Cats of Brutalism Privacy Policy available at:

http://www.catsofbrutalism.com/privacy-policy

11. Ability to Accept Terms of Service

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

12. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

13. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

14. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understating between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

15. Contacting Cats of Brutalism

If you have any questions about the Terms of Service, please contact us at: 

catsofbrutalism@gmail.com