- Modification of the Agreement. We reserve the right, in our sole discretion and for any or no reason, to modify this Agreement from time to time by posting a revised version, together with the date of such posting at the bottom of the page. All such changes will be effective immediately upon posting, and each time you use the Site, you agree anew to the terms of this Agreement. Therefore, please review this Agreement regularly. If at any time all of the terms of this Agreement are not acceptable to you, please do not use the Site.
Use of the Site is limited to people who can enter into and form binding contracts under applicable law. Without limiting the foregoing, minors may not use the Site without the supervision of a responsible adult. Any use of or access to the Site by anyone other than as permitted hereunder is unauthorized, unlicensed and in violation of this Agreement. Use of the Site is void where prohibited.
The use of some or all of the Site may be subject to a fee. However, you will not be liable for any amounts unless you expressly agree to pay them in each instance.
You are solely responsible for maintaining the confidentiality of any password associated with your account and for any and all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, or of any other breach of security, please notify us immediately.
To certain portions of the Site, you may upload (or authorize others to upload) text, images and video (collectively, “User Content“). Once you have posted User Content, you may edit or delete it from the Site. Please note that we will retain copies of User Content, whether or not it has been deleted, among other data backed up during regular Site maintenance.
By uploading (or authorizing the uploading of) User Content to the Site:
- You grant to us and to our sublicensees, assigns and successors a nonexclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world on and in connection with the Site via the Internet and/or other media now known or hereafter developed.
- This is the permission you give to us and to the companies that help us design and operate the Site, as well as to any company that may buy the Site or that we may become in the future, to use your User Content as part of the Site, whether the Site is accessible through the Internet or through another medium that is not yet established or may not yet exist. You have not granted us the right, for example, to publish your User Content in a book. We cannot do this without obtaining your permission in each instance.
- You agree to permit Users to copy and use your User Content for their own personal, noncommercial use.
- You agree that the following statements are and will remain true while the User Content is on the Site:
- you own or license rights in and to your User Content sufficient to permit you to legally post or upload it to the Site and to license the rights granted under this Agreement;
- neither your User Content nor our use of it as provided in this Agreement breaches or will breach any of the terms of this Agreement, violates or will violate any applicable law or will cause injury to any person or entity;
- your User Content will not be illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties; and
- your User Content will not consist of or contain software viruses, political campaigning, commercial solicitation (except with respect to your paid advertising, if any, on the Site), chain letters, mass mailings, or any form of “spam”
We will not be responsible for any User Content. We do not systematically review User Content for conformity with this Agreement, but we reserve the right (but do not have any obligation) to review and remove or edit any User Content at our sole discretion. If you believe that any User Content infringes your intellectual property rights, please contact us as directed in the section below, entitled “Notice for Claims of Intellectual Property Violations and Agent for Notice”. Please note that you are solely responsible for protecting and enforcing any intellectual property and other rights in your User Content. We shall have no obligation to do so on your behalf.
We may disclose your account information and/or User Content if required to do so by law, or in our good faith belief that such disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Agreement; (c) respond to claims that any pattern or User Content violates the rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property, or personal safely of us, the Users and/or the public.
You are solely responsible for your interactions with other Users. This includes both how you treat each other on the Site and how you use User Content that is not yours.
- Use of Content. Before using any Content other than for your own personal, non-commercial use, you agree to contact and reach an agreement with the owner of such Content.
- Site Behavior. Because we want you to engage in lively discussion, you may comment and post questions on the Site. (We encourage people with expertise (professionals and amateurs) to respond to reader questions, but no User may post advertisements or otherwise use the Site as a promotional tool.) In order to maintain an environment conducive to constructive discussion, you agree to adhere to the following community guidelines while on the Site:
Please do not:
- bully, intimidate or harass any User, or use obscene or abusive language;
- post User Content that is hateful, threatening or pornographic; unlawful, misleading, malicious, defamatory or discriminatory; or that incites violence;
- post User Content as true that you know or believe to be false;
- pretend to be someone else;
- upload viruses, worms or other malicious code, or otherwise attempt to disable, overburden, or impair the proper working of the Site.
Ownership and License of Intellectual Property
All words, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material used on or incorporated into the Site (collectively with User Content, the “Content”), and the arrangement or integration of all such Content, is our protected property, is licensed to us by third parties (including by you), or is used pursuant to applicable copyright law. Please assume that all material on or accessible through the Site is protected by copyright, trademark or other intellectual property law, and do not use Content except as expressly permitted in this Agreement or by separate agreement with the Content owner.
We own all right, title and interest (including worldwide copyright) in and to the Site and any compilation, collective work or other derivative work that we create using or incorporating User Content. We grant you a limited license to access the Site and to copy Content for your own personal, noncommercial use. You agree to comply with any copyright or trademark notices and other restrictions contained in any Content available on or accessed through the Site. Other than as expressly set forth in this Agreement or without our prior written approval, you may not, directly or indirectly:
- copy, download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part; or
- use any of the trademarks, trade names or logos that appear on the Site; or
- make commercial or other unauthorized use by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including, without limitation, the Content; or
- delete or alter any Content other than your own User Content; or
- post, upload, transmit or submit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, or other solicitations; or
- disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way; or
- use automated means, such as scrapers, bots or spiders, to collect Content; or
- run or advertise for lotteries, sweepstakes, giveaways or contests; or
- impede or interfere with others’ use of the Site.
Third Party Content and Websites; Products and Services; No Endorsement
If we incorporate information from third party sources into the Site, we will make all reasonable efforts to follow fair use conventions, including giving credit to the source of the information and providing links, when available, to the third party source from which the information was gathered. The Site may provide links to, and may feature, mention, describe or advertise, certain products and services that may be of interest to you. However, unless we expressly state otherwise, we do not recommend, certify or endorse these or any other products or services in any way, and we are not responsible for the contents of, or any products or services offered on, any third party sites. If you have questions about any product or service you learn about on our Site, please go to the source – namely, the vendor or manufacturer – for additional information.
We provide Content through an RSS feed. Please be aware that Content, however we may transmit it or you may receive it, is subject to this Agreement. Without limiting the foregoing, Content is provided solely for your personal use. You may not sell, lease, sub-license redistribute, re-purpose or otherwise use our RSS feed for any commercial purpose, with or without compensation, without our express written consent in each instance. By using our RSS feed, you acknowledge that you understand and agree to be bound by this Agreement.
You may sell products or services through the Site. However, we take no responsibility for your transactions with other Users. If you buy or sell here, you do so at your own risk. Without limiting the foregoing, we do not:
- make any representations or warranties of any kind with respect to goods offered for sale by Users or other third parties on the Site;
- stand behind the quality or safety of goods you purchase from other Users;
- collect tax on behalf of any Users; or
- police the Site to confirm that Users are operating ethically or within the law, but we will respond to emails alerting us to Users employing deceit, misrepresentation, trickery or other sharp practices in connection with sales of goods on the Site.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any Content on our Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- information, if possible, sufficient to permit us to notify the owner/ administrator of the allegedly infringing content; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent to brokelyn at gmail.com.
Disclaimer of Warranties; Limitation of Liability
WE CONTROL AND OPERATE THE SITE FROM WITHIN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATION THAT CONTENT IS APPROPRIATE OR AUTHORIZED FOR USE IN ALL COUNTRIES, STATES OR OTHER JURISDICTIONS. WHEN YOU ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SITE, OUR SERVERS, OR E-MAIL SENT FROM US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
YOU HEREBY RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (THE “RELEASED PARTIES“) FROM ANY AND ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR OR ANYONE ELSE’S USE OF THE SITE OR ANY ACT OR OMISSION OF ANY RELEASED PARTY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You will indemnify, hold harmless and, at our option, defend us, our parent and our affiliates and each of their respective officers, employees, agents, licensees, successors, and assigns from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, by any third party as a result of your breach of any term of this Agreement, your violation of any law or the rights of a third party, or your use of the Site.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is prohibited by any applicable law or regulation or by this Agreement, as it may be amended from time to time.
Termination; Change in Service
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, without prior notice or liability. If your access has been terminated, do not attempt to rejoin the community using a false name or contact information. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability.
- Applicable Law; DisputesBy visiting the Site, you agree that the laws of the State of New York, without regard to the principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise. Any such dispute may be heard only in the federal and state courts in the County of Kings, State of New York, and you hereby submit to the exclusive jurisdiction and venue of such courts.
The intellectual property rights, licenses, representations, warranties, releases, disclaimers and indemnities set forth and contained in this Agreement, as well as the entire Miscellaneous section, shall survive the termination or expiration of this Agreement or your account and/or the cessation of your use of the Site.
- HeadingsThe section headings in this Agreement are for convenience only and shall not affect in any way the interpretation of this Agreement or any of the terms and conditions herein.
- SeverabilityIf any term or provision of this Agreement is held to be invalid or unenforceable, the remaining portions will continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intent of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.
- No WaiverNo waiver (in whole or in part, express or implied) of any right or remedy provided for in this Agreement shall be understood to waive any other right or remedy. No delay or failure by us to exercise any right or remedy shall operate as a waiver thereof.
If you have questions about this Agreement, wish to report any violations, or wish to obtain permission to use Content other than as expressly permitted in this Agreement, please contact julia at brokelyn dot com.
Last updated as of January 4, 2012.