First Updated October 21, 2015
Last Updated October 21, 2019
Although the Site may be accessible worldwide, not all products or services referenced on the Site may be available to all persons or in all geographic locations. We hereby reserve the right to limit, in our sole discretion, the provision and quantity of any product or service to any person or geographic area we so desire. Any offer for any product or service made on or through the Site is void where prohibited.
USER INFORMATION AND CONDUCT
You hereby agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: are protected by third party copyright, or other proprietary or intellectual property right; are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of any third party’s privacy or publicity or other rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at others); restrict or inhibit any third party from using and enjoying the Site; constitute or encourage conduct that would constitute a criminal offense or that would give rise to civil liability; or contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You hereby further agree that, while using the Site, you shall not: impersonate any third party or misrepresent your affiliation with any third party; upload, post, publish, transmit, reproduce, distribute or in any way exploit any Content, User Generated Content or Third Party Content (alias defined herein) on the Site for commercial purposes; engage in spamming, spoofing, flooding, harvesting of e-mail addresses or other personal information, “spidering,” “scraping,” or any other activity with the purpose of obtaining lists of users or other user information, or send chain letters or pyramid schemes via the Site; or attempt to gain unauthorized access to any third party computer systems through the Site.
You hereby further agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any third party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not expressly made available or provided for through the Site.
We may, in our sole discretion, monitor or review postings, transmissions, blog comments, and the like made by our users on the Site (individually and collectively, “User Generated Content”) provided, however, that we are under no obligation to do so and we assume no responsibility or liability to you or to any third party arising from any such User Generated Content nor do we assume any responsibility or liability to you or to any third party for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any Content, User Generated Content or Third Party Content on the Site.
As between you and us, we own all rights, title and interest in and to the Site. All content on the Site including, but not limited to, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, lyrics, data, data compilations, and software but specifically excluding User Generated Content and specifically excluding Third Party Content (individually and collectively, the “Content”) is owned, controlled by, or licensed to us and is protected by copyright, trademark, and other intellectual property rights. Your use of the Site does not grant to you ownership of any Content you may access on the Site. You may view the Content on the Site, on your computer or other internet-compatible device, and make single copies or prints of the content for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any Content contained thereon, is strictly prohibited unless you have received our express prior written permission. If Content is expressly made available to you for downloading from the Site, you may download such Content for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such Content.
By submitting or sending Unsolicited Information to us, you: hereby warrant and represent that such Unsolicited Information is original to you or is used by you in accordance with these Terms with the express written consent of the owner of such Unsolicited Information and that any so-called “moral rights” in such Unsolicited Information have been waived by you and/or by the owner thereof; and you hereby grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Unsolicited Information, in whole or part, and/or to incorporate such Unsolicited Information in other works in any way, in any and all media now known or here after devised. We shall not be responsible for, nor shall we be liable to you or to any third party in connection with, maintaining any Unsolicited Information that you provide to us, and we may delete or destroy any such Unsolicited Information at any time.
THIRD PARTY WEBSITES
We may provide links to third party websites (“Third Party Websites”) on our Site and we may also “embed” materials from such Third Party Websites (the “Third Party Content”) on the Site You hereby acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by such Third Party Websites or that may or may not be contained in any Third Party Content. You hereby further acknowledge and agree that by providing any links to any such Third Party Websites and/or by embedding any such Third Party Content on the Site, we do not endorse such Third Party Websites or such Third Party Content or any of the information, content, products, services, advertising, code or other materials contained thereon or accessible therefrom and you assume total responsibility and risk for your use of any such Third Party Websites and/or any such Third Party Content and any services provided thereon or with respect thereto.
DISCLAIMER OF WARRANTIES
THE SITE INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT AND FUNCTIONS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF AVAILABILITY, USEFULLNESS OR ACCURACY OF INFORMATION, DATA OR DATA PROCESSING SERVICES, ANY WARRANTY OF UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND/OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT OR FUNCTIONS CONTAINED THEREON WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE BY US HEREIN. WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO USER GENERATED CONTENT, THIRD PARTY WEBSITES OR THIRD PARTY CONTENT MADE AVAILABLE ON OR THROUGH THE SITE. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY, FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, LICENSES, EMPLOYEES, REPRESENTATIVES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INDIVIDUALLY AND COLLECTIVELY, “OUR PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE OR THE CONTENTOR FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF ANY OF OUR PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL OUR PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY USER GENERATED CONTENT CONTAINED ON THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF OUR PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE.
You hereby agree to indemnify, defend, and hold harmless us and Our Parties from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms. We hereby reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms are and shall be governed by, and construed in accordance with, the laws of the State of New York, exclusive of its choice of law rules. You shall submit to the exclusive jurisdiction of the state and federal courts sitting in the County of New York, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
First Updated October 21, 2015
Last Updated October 21, 2019
INFORMATION WE COLLECT AND HOW WE USE IT
Information You Provide
We may provide areas on the Site where you may share your personal information with us. For example, we may provide a contact form by which you may contact us and in doing so, you may be asked to provide your contact information (such as your name, email address, mailing address, etc.). We may retain any emails that you send to us as well as any other information you submit to us for our internal purposes, and to help us provide useful information on the Site.
You may be asked to create a username and/or password in order to access certain features on the Site. For our internal purposes, we use this information to communicate with you and to provide a more personalized experience on the Site. We use aggregate demographic and profile information about our audience in order to for research purposes, marketing/promotional purposes and/or for industry reporting purposes, among others. By visiting the Site, you hereby consent to our collection and use of the information that you provide.
Information Automatically Collected
The Site automatically collects information from users to assist us in creating a website that reflects users’ preferences and serves users’ interests. Such information is collected through the use of “cookies”, which are small data files containing information about the user that are stored on the users’ computer hard drive. Cookies are used to enable us to track users’ movements on the Site, thereby allowing us to target users’ interests to enhance the user experience on the Site.
Most web browsers allow you to modify your settings to block cookies entirely, or to alert you when cookies are being sent, or to set preferences with respect to website cookies you allow to be sent. Further, cookies can be deleted from your computer’s hard drive. However, if you choose to disable cookies, certain features of the Site may not be available or may not work properly.
The Site may also use web logs or log files to gather information such as the date, time, browser type, navigation history, and IP address of all visitors to the Site. We use this information for our internal security audit log, trend analysis, and system administration, and to gather broad demographic information about our user base. We may associate this information with your personal information. By visiting the Site, you affirmatively consent to our collection, use, and distribution of your information in this manner.
How We Use the Information We Collect
We do not share your personally identifiable information with third parties, apart from those acting as our agents in providing our services to you, and who agree to use such personally identifiable information only for that purpose and to keep such personally identifiable information secure and confidential. We will also disclose information we maintain when required to do so by law, such as, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or if we have reason to believe that disclosing such personally identifiable information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property.
We may share aggregate Site user information, which is not personally identifiable, with third parties. This information may include demographic data such as the gender and/or geographic location of groups of users, but this information will not include personally identifiable information (such as your name or email address). We use aggregate demographic information about our users in order to improve our Site, for research purposes, for marketing/promotional purposes and/or for industry reporting purposes, among other things.
We may communicate with you regarding the Site and our services. You may choose to receive such communications and you may change your preferences so as not to receive such communications. However, you may not “opt out” of receiving communications regarding your user account, if applicable.
SECURITY OF YOUR INFORMATION
We endeavor to keep all of your personally identifiable information secure against loss, misuse, unauthorized access or disclosure, alteration or destruction. However, no method of transmission over the Internet or method of electronic storage is 100% secure and we cannot guarantee the absolute security of your personally identifiable information.
THIRD PARTY LINKS
We may provide links to third party websites (“Third Party Websites”). We are not responsible for such Third Party Websites, or how they treat information about their users, and we advise you to read their privacy policies carefully. We may also provide interactive programs that provide specific services from third parties (e.g., displaying digital news feeds, playing music, “liking” or sharing content, etc.), often referred to as “widgets”.
INFORMATION FROM CHILDREN
We strive to comply with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13 years of age without appropriate parental notice and consent.