NOTICE: You are entering into a legally binding agreement that is subject to the following terms and conditions:
Overview of Brya Enterprise's Mission
The goal of Brya Enterprise, LLC (“Brya Enterprise”) is to continue to be a leader in providing consumer gift cards with exceptional attention to customer service.
To achieve our goal, Brya Enterprise makes its services and offering available through Brya Enterprise's website in order to provide you the ability to quickly select certain gift cards, including iTune gift cards for music downloads, for immediate purchase and use or for delivery through mail or delivery service providers.
Payment and Refunds
By choosing to enter into any purchase agreement for any gift cards or other products (collectively “Gift Cards”) offered through Brya Enterprise's Website or to otherwise use any portion of Brya Enterprise's Website you agree to pay the fees associated with your particular Gift Cards purchase. Payments will be charged on the day you purchase the Gift Cards.
If your payment method fails or your account is past due, Brya Enterprise reserves the right to either suspend or terminate your account. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your account or purchase of Gift Cards. You agree that Brya Enterprise will be entitled to recover all applicable fees for Gift Cards you have elected to purchase on the Website, including without limitation, periodic fees, annual fees, plus all related taxes, as well as reimbursement for all collection costs and expenses, including all attorney fees, and interest for any overdue amounts associated with your purchase. You agree to submit any disputes regarding any charge to your account in writing to Brya Enterprise within 30 days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Brya Enterprise's refund policy is as follows: Brya Enterprise reserves sole discretion to refund any fee or charge. There are no refunds or credits for any partially used Gift Cards.
By entering into any agreement to purchase Gift Cards you agree your responsibilities and obligations expressly include the following:
For any business organization or company entering into any agreement to purchase Gift Cards or creating an account, it is agreed that Brya Enterprise may rely upon and is expressly permitted to accept the individual person creating the account or entering into the agreement as the authorized representative of that business organization or company;
In consideration of your use of Brya Enterprise's Website, you agree to (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Contact Information"); (ii) Maintain the security of your password and identification; (iii) Maintain and promptly update the Contact Information, and any other information you provide to Brya Enterprise, to keep it accurate, current and complete; and (iv) Accept all risks of unauthorized access to the Contact Information and any other information you provide to Brya Enterprise. In addition, you agree not to access or use, or attempt to access or use, Brya Enterprise's Website or any part of the Website using the identity or the Contact Information of any person other than yourself;
By providing any information to Brya Enterprise, you represent and warrant that you are entitled to submit the information and that the information is owned by you, is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights;
Notifications and Service Messages
For purposes of providing you notices about Brya Enterprise's services, or amendments or changes to its Gift Cards or any Agreements between you and Brya Enterprise, Brya Enterprise may place a banner notice across its Website pages to alert you to the preceding. Alternatively, notice may consist of an email from Brya Enterprise to an email address associated with your account, even if we have other contact information.
You also agree that Brya Enterprise may communicate with you through your Brya Enterprise account or through other means including email, facsimile, mobile number, telephone, or delivery services including the postal service about your Brya Enterprise account or services associated with Brya Enterprise. You acknowledge and agree that Brya Enterprise shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about Brya Enterprise's services or Gift Cards.
BRYA ENTERPRISE and Third Party Applications
Contributing Content to BRYA ENTERPRISE
You agree that by submitting ideas, suggestions, documents, proposals, or any other content (collectively included into the prior definition of “Submitted Content”) to Brya Enterprise in any manner, including through its Website or any other medium or means, you acknowledge and agree that: (i) Your Submitted Content does not contain confidential or proprietary information; (ii) Brya Enterprise is not under any obligation of confidentiality, express or implied, with respect to the Submitted Content; (iii) Brya Enterprise will not be obligated to use or disclose (or choose not to use or disclose) such Submitted Content for any purpose, in any way, in any media worldwide; (iv) Brya Enterprise may already have something or is developing something similar to the Submitted Content you provide; and (v) You are not entitled to any compensation or reimbursement of any kind from Brya Enterprise under any circumstances for any Submitted Content, unless expressly agreed in writing by Brya Enterprise.
BRYA ENTERPRISE'S Obligations and Availability of BRYA ENTERPRISE'S Website and Services
Brya Enterprise's may also modify, replace, refuse access to, suspend or discontinue Brya Enterprise's Website or services, partially or entirely, or change and modify prices for all or part of the Gift Cards for you or for all of Brya Enterprise's users in its sole discretion.
All of these changes will be effective upon their posting on Brya Enterprise's Website or by direct communication to you unless otherwise noted.
Consent to Receive Email and Communications from BRYA ENTERPRISE
By using the Website, you consent to receive e-mails from Brya Enterprise, its subsidiaries, affiliates, directors, employees, independent contractors, agents or any other party designated by Brya Enterprise in connection with its business operations, which may include commercial e-mails. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account-related e-mails from Brya Enterprise.
Mutual rights of termination
Brya Enterprise may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation will be effective immediately or as may be specified in the notice.
Only Brya Enterprise or the party paying for the services may terminate your access to the applicable account and any Services. Termination of your Brya Enterprise account includes disabling your access to Brya Enterprise's Website and account, as well as potentially barring you from any future use of or purchases from Brya Enterprise's Website.
Misuse of the Services
Law and Forum for Legal Disputes
Digital Millennium Copyright Act (DMCA)
If you believe any material on the Website, either posted by Brya Enterprise, our users or any other party, is infringing, please contact Brya Enterprise at the address below. Pursuant to the Digital Millennium Copyright Act, Brya Enterprise has a designated agent to receive copyright infringement claims.
The agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) is:
Jason Shinn, Esq.; Shinn Legal, PLC
3080 Orchard Lake, Rd.; Suite C
Keego Harbor, MI 48320
P: 248-850-2290; F: 248-850-2212
A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
A description of the copyrighted work claimed to have been infringed;
A description of the infringing material and information reasonably sufficient to permit Brya Enterprise to locate the material;
Your contact information, including your address, telephone number, and email;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Children's Online Privacy Protection Act (COPPA)
In compliance with the Children's Online Privacy Protection Act (COPPA), Brya Enterprise is a general audience site and it does not intend to collect any Personally Identifiable Information (PII) from children under 13 years of age, unless such collection is authorized or permitted by law. Brya Enterprise's Website audience is intended to be over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact Brya Enterprise's attorneys (Jason M. Shinn) at www.shinnlegal.com or through the contact information on file for Jason M. Shinn with the State Bar of Michigan. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.
Miscellaneous Legal Provisions
Binding Upon Your Successors: This Agreement and its performance will be binding on you and your heirs, administrators, successors and assigns;
Errors and Mistakes. While Brya Enterprise tries to ensure accuracy, Brya Enterprise reserves the right to correct any errors on this Website, including in pricing, descriptions, promotions, member benefits. Such corrections may be made even after a purchase of Gift Cards has been made or accepted.
Trademarks: Certain trademarks, trade names, service marks and logos used or displayed on this Website may be registered and unregistered trademarks, trade names and service marks of Brya Enterprise. Other trademarks, trade names and service marks used or displayed on this Website may be the registered and unregistered trademarks, trade names and service marks of Brya Enterprise's respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Brya Enterprise or such other owner;
Equitable Relief: You irrevocably waive any right to seek injunctive or equitable relief. Under no circumstances will you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Brya Enterprise's Website, its services, or its Gift Cards, exploitation of any advertising or other materials issued in connection of either, or exploitation of the Website, its services, its Gift Cards, or any content or other material used or displayed through Brya Enterprise's Website or Services;
Brya Enterprise will be cumulatively liable for (i) Any damages in excess of two times the most recent fee that you paid for any Gift Cards, or $500.00 (U.S.), whichever amount is greater, or (ii) Any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Website or Brya Enterprise's services and Gift Cards, any platform applications or any of the content or other materials on, accessed through or downloaded from Brya Enterprise. You agree that this limitation of liability is part of the basis of the bargain between the Parties and without it the terms and fees charged would be materially different; and
Domestic Use and Export Restriction: Brya Enterprise controls its Website from my offices within the United States of America. We make no representation that Brya Enterprise's Website or its content will be appropriate or available for use in other geographic locations. Users who access Brya Enterprise's Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. Your use of Brya Enterprise's services or purchase of Brya Enterprise's Gift Cards, including its Website may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You agree to not sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software;
Taxes: You are solely responsible for any federal, state, or local tax liability arising out of your use of Brya Enterprise's Website, as well as any purchases from the Website.
Shipping Limitations: When an order is placed, it will be shipping to an address designated by you as long as that shipping address is compliant with applicable shipping restrictions. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
Limitation on Access and Distribution: The information provided on the Website is not intended for distribution or access by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Brya Enterprise to any registration requirement within such jurisdiction or country; and
Questions: If you have a question about your use of Brya Enterprise's Website, account, any purchase, or a general questions about Brya Enterprise's or any other customer service inquiry, please visit our customer services portion of Brya Enterprise's Website by following this link, send us an email, or call us at contact information Monday through Friday from 9 AM to 5 PM and Saturday from 9 AM to 3 PM, EST.