Terms and Conditions of Use

Acceptance of Terms
Welcome to Brilliant-Thoughts.com (the “Site”). Please read these terms and conditions carefully (also referred to as the “Agreement”). By accessing this Site you are indicating that you have read, acknowledge and agree to be bound by these terms and conditions. Your agreement, shown by accessing and using this website, is as legally binding as if you signed a written document. If you do not agree to all these terms and conditions, do not access this Site. These terms and conditions may change and you are responsible for regularly reviewing and complying with them. Your continued use of this Site constitutes your agreement to be bound by the terms of this agreement and all revisions thereof.

User Conduct
In using this Site, you agree to not:

a) impersonate any person (such as Ashleigh Brilliant or anyone else) or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
b) post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
c) post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
d) post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
e) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
f) post, email or otherwise transmit false or misleading information;
g) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
h) access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
i) disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
j) frame or link to the Site except as permitted in writing by Brilliant-Thoughts.com;

Upon placing your order, you acknowledge that Brilliant-Thoughts.com may review your order and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, Brilliant-Thoughts.com and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to us. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, Brilliant-Thoughts.com.

You acknowledge and agree that Brilliant-Thoughts.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Brilliant-Thoughts.com, its users and the public.

You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

You hereby agree to indemnify Brilliant-Thoughts.com and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

No royalty will be owed or paid (if applicable) on the sale of any items containing an image which is in violation of any of the provisions of this Agreement, including but not limited to no royalty on any images that contain objectionable content or are posted in violation of the intellectual property, privacy or celebrity rights of any person or entity.

You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

Privacy Policy
Your privacy is very important to Brilliant-Thoughts.com. Users of this Site should refer to our privacy policy for information about how we collect and use personal information. By accepting this Agreement you expressly consent to Brilliant-Thoughts.com’s disclosure and use of your personal information (including using email to communicate with you) as described in the privacy policy, which is incorporated herein by reference.

Proprietary Rights
You acknowledge and agree that any Content, including but not limited to Pot-Shot images, text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Brilliant-Thoughts.com or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, including code, in violation of applicable copyright and other intellectual property laws.

The intellectual property rights in or relating to the content of any blog entries, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Brilliant-Thoughts.com will automatically be deemed to be assigned, granted and transferred by you to Brilliant-Thoughts.com upon their submission or communication to Brilliant-Thoughts.com, and you agree that the same will automatically become the property of Brilliant-Thoughts.com and that we shall be entitled to use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Brilliant-Thoughts.com may elect, forever.

Copyright and Trademark Policy
Brilliant-Thoughts.com respects the intellectual property rights of others. We ask our users to do the same. If you have any intellectual property concerns, please contact us via the “Use My Content” submission button.

WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
If you are an outside product supplier to Brilliant-Thoughts.com, you hereby represent and warrant that you are the owner of the content and products you submit and that the content and products do not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the content or products.

Indemnity
You agree to defend, indemnify and hold Brilliant-Thoughts.com and it’s owners, officers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.

No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Brilliant-Thoughts.com's express written consent.

Termination
You agree that Brilliant-Thoughts.com in its sole discretion, may terminate your account (if applicable) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Brilliant-Thoughts.com may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Brilliant-Thoughts.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Brilliant-Thoughts.com shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.

Links
The Site may provide, or third parties may provide, links to other websites or resources. Because Brilliant-Thoughts.com has no control of such sites and resources, you acknowledge and agree that Brilliant-Thoughts.com is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Brilliant-Thoughts.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Public Reputation
You acknowledge and agree that you will not use any product ordered from the Site, in a way that would be damaging to Brilliant-Thoughts.com public reputation or that of its owners, officers, employees, licensors, or solution partners (such as Café-Press). Additionally, you acknowledge that if you choose to display any product ordered from Brilliant-Thoughts.com, in a public setting, including on the Internet, in a way which disparages Brilliant-Thoughts.com, our owners, employees, licensors or partners, or the United States Postal Service, Brilliant-Thoughts.com reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law.

Pricing
Prices for products on Brilliant-Thoughts.com are described on our website and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at Brilliant-Thoughts.com’s discretion.

Shipping
Title and risk of loss for all Products ordered by you shall pass to the shipping carrier and not Brilliant-Thoughts.com.

DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRILLIANT-THOUGHTS.COM AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BRILLIANT-THOUGHTS.COM DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT BRILLIANT-THOUGHTS.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BRILLIANT-THOUGHTS.COM, ITS AFFILIATES, ITS LICENSORS, SUPPLIERS OR PARTNERS VIA A USER'S OWN ERRORS AND/OR OMISSIONS.

YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT BRILLIANT-THOUGHTS.COM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, BRILLIANT-THOUGHTS.COM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

YOU ACKNOWLEDGE THAT BRILLIANT-THOUGHTS.COM MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRILLIANT-THOUGHTS.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL BRILLIANT-THOUGHTS.COM OR ITS OWNERS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING BRILLIANT-THOUGHTS.COM OR RELATED SERVICES 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 (EVEN IF BRILLIANT-THOUGHTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

SEVERABILITY
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

GENERAL
These terms and conditions shall be governed by and construed in accordance with the laws of the state of California, without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in Santa Barbara County, California in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney's fees and costs to the prevailing party. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Brilliant-Thoughts.com may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Brilliant-Thoughts.com’s failure to act with respect to a breach by you or others does not waive Brilliant-Thoughts.com’s right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire agreement between you and Brilliant-Thoughts.com, and supercedes all other communications, written or oral, with regard to the services provided by Brilliant-Thoughts.com.

You have read and understand and agree to be bound by these terms and conditions.