Privacy Policy/ Terms Of Service/Sale and SMS Program Terms and Conditions

Effective Date: Last revised on April 1, 2021.

Brick Fest Live Daily Deals, Brick Fest Live! and Brick Fest Live at Home and the associated Brick Fest Live websites and landing pages are operated by Open World, Inc. and owned by Learn With Bricks, Inc. (“us” “we” or “our”). This Privacy Policy/ Terms Of Service and SMS Program Terms and Conditions (the “Policy”) is intended to inform you of our policies and practices regarding the collection, use, and disclosure of any information you submit to us. This includes “Personal Information,” which is information about you that is personally identifiable such as your name, e-mail address, user ID number, and other non-public information that is associated with the foregoing, as well as “Anonymous Information,” which is information that is not associated with or linked to your Personal Information and does not permit the identification of individual persons. In addition, it is intended to inform you of our SMS policy and what you are consenting to by utilizing our services. Finally, you can learn about the Terms Of Service/Sale which you agree to by purchasing any offering, product or service through our websites and landing pages.

User Consent
By accessing or otherwise using our services, you agree to the terms and conditions of this Policy and you expressly consent to the processing of your Personal Information and Anonymous Information according to this Policy. Your Personal Information may be processed by us in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country.

Regarding Children
Children under the age of 13 are not permitted to use our services and we do not intentionally collect or maintain Personal Information from those who are under 13 years old. Protecting the privacy of children is very important to us. Thus, if we obtain actual knowledge that a user is under 13, we will take steps to remove that user’s Personal Information from our databases. We recommend that children between the ages of 13 and 18 obtain their parent’s permission before submitting information over the internet. By using our services, you are representing that you are at least 18 years old, or that you are at least 13 years old and have your parents’ permission to use our services. 

Collection and Use of Information

Personal Information
In general, we collect Personal Information that you submit to us voluntarily through our system. We may also collect information about you and your friends, from any social network you may have connected from, in order to provide you with a more personalized experience. For instance, we may collect your user ID or profile information that you have permitted to be displayed through our system in order to display you as a friend or in association with your profile and collections. When you order our products or services, you will need to submit your credit card or other payment information so that our service providers can process your payment for those products and services. If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your email address and all related information. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments, or forums within our community.
Personal Information from Other Sources
We may receive Personal Information about you from other sources with which you have registered, companies who we have partnered with (collectively, “Partners”), or other third parties. We may associate this information with the other Personal Information we have collected about you.

E-mail and E-mail Addresses
If you send an e-mail to us, or fill out a form through our system, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and email address when you send an email notification to a friend through our system or the social network from which you have connected to our system (such as in an invitation, or when sharing your content). Additionally, we use your email address to contact you on behalf of your friends (such as when someone sends you a personal message) or notifications from a social network or other website with whom you have registered to receive such notifications. We may use this e-mail address to contact you, for things such as notifications of sales and other related information. You may indicate your preference to stop receiving further promotional communications as further detailed below.

SMS
General: By opting into text alerts from us you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from our text list you must text STOP to the appropriate phone number to opt-out. This is the exclusive method for opting out. After texting STOP to the appropriate number you will receive one additional message confirming that your request has been processed. Text HELP to the appropriate number for help or contact support by emailing info@brickfestlive.com. To see how we collect and use your personal information, review this Privacy Policy/ Terms Of Service and SMS Program Terms and Conditions. This document additionally governs your participation in the SMS Program.
In the event that you change or deactivate your mobile number, it is your responsibility to notify us by emailing info@brickfestlive.com to have your number removed. Additionally, we reserve the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program.

Message Frequency: The SMS Program is a subscription-based program and SMS Program participants will receive recurring messages.

Authorized Participation: By enrolling in the SMS Program, you certify that you are 18 years of age or older, and are authorized: (a) to enroll the designated mobile phone number in the SMS Program, and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS Program. Your consent to receive SMS and/or MMS messages is not a condition of purchase of any products or services, and no purchase is necessary.
Cost to Participate: Participation in the SMS Program is free; however, Message and Data rates may apply. Check your mobile plan for details. We are not responsible for any messaging or data charges incurred by SMS Program participation. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service providers, mobile service, and other services needed for your access to and use of the SMS Program, and you will be responsible for all charges related to them.

Arbitration and Class Action Waiver: Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your use of our system will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and we hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and we are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. The AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
Limitation of Liability: We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special, or consequential damages (such as lost profits or lost business opportunities), punitive damages, or attorney’s fees.

Applicable Law:
Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Delaware.

Severability:
 If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
 
Changes to Terms:
These terms and conditions are subject to change at any time without notice.

Additional Terms and Conditions:
In addition to these terms and conditions, your use of the SMS Program is subject to our Privacy Policy and Terms of Use, included herein.

Carriers:
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

Information Collected Via Technology
As you use our system, certain information may also be passively collected and stored on our or our service providers’ server logs, including your Internet protocol address, browser type, and operating system. We also use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on our system you clicked. This type of information is collected to make our system and solutions more useful to you and to tailor the experience with our system to meet your special interests and needs. An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. For example, we may track your IP Address when you access our system to assist with ad targeting. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience with our system. Persistent Cookies can be removed by following your Internet browser help file directions. In order to use our services offered through our system, your web browser must accept Cookies. If you choose to disable Cookies, some aspects of our system may not work properly, and you will not be able to receive our services. We may also enable advertisers and ad servers to promote third-party products and/or services by placing advertisements on our system. These advertisers and ad servers may use Cookies and/or “Web Beacons” (which are usually small, transparent graphic images) in order to monitor information related to served advertisements. Clicking on such advertisements will direct you to the website of a third-party and the advertiser. This Privacy Policy does not cover the privacy practices of any advertisers or ad servers.
 
Use and Disclosure of Information
Except as otherwise stated in this Privacy Policy, we do not generally sell, trade, rent, or share the Personal Information that we collect with third parties, unless you ask or authorize us to do so. In general, Personal Information you submit to us is used by us to provide you access to our system, to improve our system, to better tailor the features, performance, and support of our system, and to offer you additional information, opportunities, promotions, and functionality from us, our partners or our advertisers at your request. Additionally, we do share your content preferences and other information with the social network from which you have connected to our system, along with those companies and persons you have asked us to share your information with. We may provide your Personal Information to third-party service providers who work on behalf of or with us to provide some of the services and features of our system and to help us communicate with you. Examples of such services include sending email, analyzing data, providing marketing assistance, processing payments (including credit card payments), and providing customer service. We require our third-party service providers to promise not to use such information except as necessary to provide the relevant services to us. We may share your personal information with trusted vendors and partners with whom we work. These partners are provided with your personal information to help us communicate with you about offers from us and from our marketing partners. They are contractually required to keep this personal information secure and to only use it for the purposes for which it is provided. We may send personal information about you to other companies or people when we need to share your information to provide the product or service you have requested or to provide a product or service to you. However, these companies are only permitted to use the personal information for these purposes. This Privacy Policy does not cover the use of your personally identifiable information by such third-parties. We do not maintain responsibility for the manner in which third parties, including, without limitation, social networks, other partners and advertisers, use or further disclose Personal Information collected from you in accordance with this Privacy Policy, after we have disclosed such information to those third parties. If you do not want us to use or disclose Personal Information collected about you in the manners identified in this Privacy Policy, you may not use our system. We currently have other companies under a common control, and we may share some or all of your Personal Information with these companies, in which case we will require them to honor this Privacy Policy. In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy and that any acquirer of ours or that acquirer’s assets may continue to process your Personal Information as set forth in this Privacy Policy.
We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights or property, you, or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein.

The Ability of others to View your Information
Helping you to protect your information is a vital part of our mission. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. You understand that when you use our system, certain information you post or provide through our system, such as your name, profile, comments, posts and ratings, may be shared with other users and posted on publicly available portions of our system, including without limitation, chatrooms, bulletin and message boards, along with other public forums. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through our system, this information may become publicly available and may be collected and used by others, including people outside our system community. We will not have any obligations with respect to any information that you post to parts of our system available to others, and recommend that you use caution when giving out personal information to others in public forums online or otherwise. We also share the information you publish with other third parties. Third Party Sites and Advertising our system may contain links to other websites. Please be aware that we are not responsible for the privacy practices or the content of such other websites. We encourage our users to read the privacy statements of each and every website they visit. This policy applies solely to information collected by us through our system and does not apply to these third-party websites. The ability to access information of third parties from our system, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third-parties, their products, their services, other websites, locations or their content.

Your Choices Regarding Your Personal Information
We offer you choices regarding the collection, use, and sharing of your Personal Information. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional messages you receive or by contacting us directly.

Despite your indicated email preferences, we may send you administrative emails regarding our system, including, for example, administrative confirmations, and notices of updates to our Privacy Policy if we choose to provide such notices to you in this manner. You may change any of your profile information by contacting us at info@brickfestlive.com. You may request deletion of your Personal Information by contacting us at info@brickfestlive.com, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives.

Feedback
If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy. You agree that any such comments and any email we receive becomes our property. We may use feedback for marketing purposes or to add to or modify our services without paying any royalties or other compensation to you.

Security
We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information.

Arbitration and Class Action Waiver: Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your use of our system will be resolved by binding arbitration, rather than court. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and we hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and we are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. The AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Limitation of Liability
We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

Applicable Law
Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Delaware.

Severability
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

Changes to Terms
These terms and conditions are subject to change at any time without notice.

Contact and Revisions
If you have questions or concerns about our Privacy Policy, please contact us at: info@brickfestlive.com. This Privacy Policy is subject to occasional revision at our discretion, and if we make any substantial changes in the way we use your Personal Information, we will post an alert on this page. If you object to any such changes, you must cease using our system. Continued use of our system following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.