TERMS OF SERVICE

Last Updated: January 1, 2023

Overview
This website is operated by Antonio Brasko, Brasko Design and Brasko®. Throughout the site, the terms “us”, “me”, "we", or “our” refer to Antonio Brasko, Brasko Design and Brasko™. Antonio Brasko, Brasko Design and Brasko™ offer this website, including all information, ideas, tools, text, artwork, illustrations, paintings, drawings, sketches, 3D renders, photography, conceptual art, digital video and art generated from artificial intelligence found throughout this site known as “Products and/or Services” available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting this site and/or purchasing something from us, you engage in our Products and/or Services and agree to be bound by the following Terms of Service (“Terms of Use”, Terms and Conditions, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, clients, customers, art collectors, designers, competitors, merchants, fans, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Products and/or Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. These Terms pertain to this universe and any universe not yet discovered.

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store
By accepting these Terms of Use, you confirm that you have reached the age of majority in your state or province of residence. If you are not of the age of majority but have obtained the necessary consent from a parent or legal guardian, you may also use this site.

The use of our Products and/or Services for illegal or unauthorized purposes is strictly prohibited. Furthermore, when using the Products and/or Services, you must comply with all applicable laws in your jurisdiction and worldwide, including but not limited to copyright, trademark, and patent laws.

It is prohibited to transmit any worms, viruses, or any code that may cause damage or harm.

Any violation or breach of these Terms will lead to an immediate termination of your access to the Products and/or Services.

General Conditions
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, destroy or exploit any portion of the Products or Services, use any of the Products or Services, or access to the Products or Services without express written permission from Antonio Brasko, Brasko Design and Brasko™.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Intellectual Property Rights
All content of our website, including text, graphics, artwork, designs, quotes, photography, digital logos, buttons, icons, images, HTML, CSS, and software, as well as existing and future ideas, propositions, designs, concepts, sketches, and art generated with artificial intelligence, digitally or physically, is the property of Antonio Brasko & Brasko™ and is protected by United States and international copyright laws. Any reproduction, reprint, misuse, destruction, resell, distribution, or breach of the Terms of Use is strictly prohibited. This includes both the tangible and intangible creations, whether they are human-made or generated with the use of artificial intelligence.

Accuracy, Completeness, and Timeliness of Information
Please note that we cannot be held responsible if the information available on this site is inaccurate, incomplete, or outdated. The content provided on this site is intended for general informational purposes only. It is crucial to consult primary, more accurate, more complete, or more timely sources of information before making any decisions solely based on the material found here. Any reliance you place on the content of this site is entirely at your own risk.

This site may include certain historical information, which is not up-to-date and is provided solely for your reference. We reserve the right to modify the content of this site at any time, without any obligation to update the information. It is your responsibility to stay informed about any changes to our site.

Price Adjustments
The prices of our Products and/or Services may be modified without prior notice.

We retain the right to modify, discontinue, or terminate any Product and/or Service (including any portion or content thereof) at any time, without prior notice.

We hold no liability towards you or any third-party for any modifications, changes in price, suspension, or termination of any Product or Service.

Online Availability of Products or Services
Certain Products or Services may be exclusively available online through AntonioBrasko.com. These particular offerings may have limited quantities and are subject to our Return Policy for any potential returns or exchanges.

We have taken utmost care to present the colors and images of our products as accurately as possible on the website. However, we cannot guarantee that the color representation on your computer monitor will be completely accurate.

Sales Restrictions and Changes
We reserve the right, though we are not obligated, to restrict the sales of our Products or Services to specific individuals, geographic regions, or jurisdictions. This right may be exercised on a case-by-case basis. Furthermore, we retain the right to limit the quantities of any Products or Services we offer. Descriptions and prices of our Products or Services are subject to change without prior notice, at our sole discretion. We also reserve the right to discontinue any Products or Services at any time. Please note that any offer for Products or Services on this site is considered void where prohibited.

Quality and Corrections
We do not provide a warranty that the quality of any Products or Services, information, or other materials purchased or obtained from us will meet your expectations. Additionally, we cannot guarantee that any errors in the Products or Services will be rectified.

Accuracy of Billing and Account Information
At AntonioBrasko.com, we maintain the right to reject any order placed with us. We have the discretion to limit or cancel quantities purchased per person, per household, or per order. These limitations may apply to orders made using the same customer account, credit card, and/or billing and shipping address. If we decide to make a change or cancel an order, we will make an effort to notify you by reaching out to the email address, billing address, or phone number provided during the ordering process. We retain the right to restrict or refuse orders that, in our sole judgment, seem to be made by dealers, resellers, distributors, or those that are misleading or fraudulent.

By using our online store, AntonioBrasko.com, you agree to provide up-to-date, accurate, and complete purchase and account information for all transactions. It is your responsibility to promptly update your account details, including email address, credit card numbers, and expiration dates, to ensure successful completion of your purchases and enable us to contact you when necessary.

For further information, kindly refer to our Return Policy.

Third-Party Links
Our website may contain content, products, or services that include materials from third parties.

If you click on third-party links on this site, you will be directed to websites that are not affiliated with us. We want to emphasize that we are not responsible for reviewing or evaluating the content, accuracy, or reliability of these third-party materials or websites. We do not provide any warranty and will not be held liable or responsible for any harm or damages arising from your use of or reliance on third-party materials, websites, or any other products or services obtained from third parties.

Any transactions, purchases, or use of goods, services, resources, content, or any other activities you engage in on third-party websites are done at your own risk. Before proceeding with any transaction, we strongly advise you to carefully review and understand the policies and practices of the third party involved. If you have any complaints, claims, concerns, or questions regarding third-party products, please contact the third party directly.

User Comments, Feedback, and Other Submissions
If we request specific submissions from you (such as contest entries), or if you independently send us creative ideas, suggestions, proposals, plans, or any other materials, whether through online platforms, email, postal mail, contact form on this website or any other means (collectively referred to as 'comments'), you agree that we have the unrestricted right to edit, copy, publish, distribute, translate, and use your comments in any medium, at any time, without limitations. We are not obligated to (1) keep your comments confidential, (2) compensate you for your comments, or (3) respond to any comments.

While we may, at our discretion, monitor, edit, or remove content that we consider unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of intellectual property rights or our Terms of Use, we are not obligated to do so.

By submitting comments, you affirm that they will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, your comments must not contain libelous, unlawful, abusive, or obscene material, nor should they include any computer viruses or malware that could harm the operation of the Service or any associated website. You must not use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of your comments. You bear full responsibility for the accuracy of your comments. We assume no liability for any comments posted by you or any third party, and we disclaim any responsibility for them.

Personal Information
Any personal information you provide when using the store is subject to our Privacy Policy, which outlines how we handle and safeguard your data.

Errors, Inaccuracies, and Omissions
At times, there may be instances on our website where information contains typographical errors, inaccuracies, or omissions relating to product descriptions, services, pricing, promotions, offers, product shipping charges, transit times, and availability. We hold the right to rectify any errors, inaccuracies, or omissions, and to modify, update, or cancel orders if any information regarding our products, services, or any associated website is found to be inaccurate, without prior notice (even after you have placed your order).

We are not obligated to regularly update, amend, or clarify information in our products, services, or any related website, including pricing information, unless required by law. The absence of a specified update or refresh date for the products and services, or any related website, should not be interpreted as an indication that all information has been modified or updated.

Prohibited Uses
In addition to any other restrictions outlined in the Terms of Use, the following activities are strictly prohibited on this site:

(a) Engaging in any unlawful activities.

(b) Soliciting or encouraging others to participate in illegal acts.

(c) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

(d) Infringing upon our intellectual property rights or the rights of others.

(e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against individuals based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

(f) Providing false or misleading information.

(g) Uploading or transmitting viruses or any other form of malicious code that may disrupt the functionality or operation of the Products, Services, related websites, or the Internet.

(h) Collecting or tracking the personal information of others.

(i) Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.

(j) Using the platform for any obscene or immoral purposes.

(k) Interfering with or bypassing the security features of the Service, related websites, or the Internet.

We reserve the right to terminate your access to our Products, Services, or any related website if you violate any of these prohibited uses.

Disclaimer of Warranties; Limitation of Liability
We cannot guarantee, represent, or warrant that your use of our Products or Services will be uninterrupted, timely, secure, or error-free.

We do not guarantee that the results obtained from the use of any of our Products or Services will be accurate or reliable.

You acknowledge that we may, from time to time, remove any Product or Service for indefinite periods or cancel any Product or Service without prior notice to you.

You explicitly agree that your use of, or inability to use, any Product or Service is solely at your own risk. The service, along with all Products and Services provided through our website, are offered "as is" and "as available," without any representation, warranties, or conditions of any kind, whether express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.

Under no circumstances shall Antonio Brasko, Brasko Design and Brasko™, our parent brand, subsidiaries, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service. This limitation of liability applies to any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if we have been advised of the possibility of such damages. In states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

Indemnification
By accepting these Terms of Use, you agree to protect, defend, and absolve Antonio Brasko, Brasko Design and Brasko™, along with our parent brand, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand brought forth by any third party. This includes but is not limited to reasonable attorneys' fees incurred as a result of your violation of these Terms of Use, the referenced documents, or any applicable laws or the rights of a third party.

Severability
If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, it will still be enforceable to the maximum extent permitted by law. The unenforceable part will be considered separate from these Terms of Use. This determination will not impact the validity and enforceability of the remaining provisions.

Complete Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Use does not waive such right or provision.

These Terms of Use, along with any policies or operating rules posted by us on this site or related to any Product or Service, constitute the entire agreement and understanding between you and Antonio Brasko and Brasko™. They govern your use of the Products or Services, replacing any previous or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Antonio Brasko and Brasko™ (including any prior versions of the Terms of Use).

Any uncertainties in interpreting these Terms of Use will not be interpreted against the party responsible for drafting them.

Governing Law
The laws of the State of Oregon and the United States of America shall govern and interpret these Terms of Use, as well as any separate agreements through which we offer you Products or Services.

Changes To Terms Of Use
The latest version of the Terms of Use is available for your review on this page.

We hold the authority, at our sole discretion, to update, modify, or replace any section of these Terms of Use by publishing updates and revisions on our website. It is your responsibility to periodically check our website for any changes. By continuing to use or access our website or making purchases of Products or Services, you acknowledge and accept any alterations made to these Terms of Use.

Contact Us
If you have any questions or comments feel free to contact me.