TERMS AND CONDITIONS
TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY APPLY TO YOUR USE OF THIS WEBSITE AND THE SERVICES PROVIDED THROUGH THIS WEBSITE.
These terms and conditions (the “Terms and Conditions”), are intended to set forth the basic terms and conditions between you and [Elizabeth Street Media, LLC or its affiliated companies (the “Company,” “we,” “our,” or “us”). By accessing www.elizabethstreet.com or any sub-component thereof (this “Website”), you agree to be bound by these Terms and Conditions. You agree that the Company may make agreements with you by electronic means and that such agreements are authentic and valid.
Material from this Website is protected by copyright and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the copyright owner.
Use of the Website is void where prohibited by applicable law and the right to access the Website is revoked in such jurisdictions.
All trademarks on this Website are property of the Company unless otherwise indicated.
Material on this Website is provided for lawful purposes only.
I. YOUR ACCOUNT
As a registered user of the Website, you may establish an account ("Account") in accordance with the Usage Rules, below. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify The Company of any security breach of your Account. shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Website, and you agree to update your registration data to keep it accurate and complete. You agree that The Company may store and use your registration data to maintain your Account. You may not create an account for anyone other than yourself without that person’s permission.
II. USAGE RULES
You agree to use the Website in compliance with these usage rules. The Company reserves the right to modify the usage rules at any time.
You are authorized to use the Website only for personal, noncommercial use.
You agree not to, or attempt or assist another person to, violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the Website.
You agree that you will NOT use the Website to:
a. upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
b. stalk, harass, threaten or harm another;
c. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Website participant, an the Company employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (the Company reserves the right to reject or block any nickname which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
d. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
e. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
f. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise put information in a header designed to mislead recipients as to the origin of any content transmitted through the Website (“spoofing");
g. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Website (or any part thereof), or any other computer software or hardware;
h. interfere with or disrupt the Website (including accessing the Website through any automated means, like scripts or web crawlers), or any servers or networks connected to the Website, or any policies, requirements or regulations of networks connected to the Website (including any unauthorized access to, use or monitoring of data or traffic thereon);
i. plan or engage in any illegal activity; and/or gather and store personal information on any other users of the Website to be used in connection with any of the foregoing prohibited activities;
When visiting this Website, you may be asked questions the answers to which are collected on an aggregate basis (i.e., the answers will not be stored in a manner that identifies them with you personally) and these questions will be identified as such on this Website. In all other instances, you should assume that we will track any information you provide on a personally identifiable basis.
When you register and/or set up an profile enter a sweepstakes or contest, complete a survey on this Website, we might use the contact information provided to provide you with content from our site, announce special offers, services and other announcements from our Website or our selected business partners. You may, at any time, elect to remove yourself from these emails. Additionally, we might request you to elect to receive information and updates from our subsidiaries, affiliates, business partners, advertisers and parent companies and any of their related businesses.
Registration may be required to be eligible to enter online contests or sweepstakes. The Company may use the information you provide when registering to fulfill prizes, which may include disclosure to third party entities that assist with such fulfillment, and for other marketing and promotional purposes related to the contests or sweepstakes as disclosed on the rules applicable to a particular contest or sweepstakes.
We use return email addresses to answer the email that we receive, and we may use return email to send you other information. Such addresses are not used for any other purpose.
In addition to information that you provide us voluntarily, the Company may collect aggregate information in the form of IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers, the computers that “serve up” web pages, automatically identify your computer by its IP address. When you request a page from this Website, our servers log your IP address and certain other information, such as browser type, internet service provider (ISP), referring/exit pages, operating system, data/time stamp, and clickstream data. We do not link this automatically-collected data to anything personally identifiable, so although your session will be logged, the automatically-collected data will not reveal to us any personally identifiable information about you.
We may use information collected from you in the following ways:
• We may use information for internal marketing analysis, for example, to assess trends amongst our consumers or to measure the amount of traffic to our websites. We may also share non-personal information with others, such as advertisers, in aggregate anonymous form, which means that the information will not contain any personally identifiable information about you.
• We may use your personal information in order to respond to your queries and requests and to manage transactions such as credit card payments for any goods that you order from us or any of our agents, or for the fulfillment of such transactions (e.g., delivery). The personal information you provide may be used by an authorized vendor to fulfill that order. We may also use your personal information in order to communicate with you about our products and services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses.
• We may arrange for selected organizations to send you marketing and promotional information that may be of interest to you. In such circumstances your personal information may be disclosed to these organizations who will agree to be bound by the terms of this privacy statement. We will obtain your permission before we send you any such communications.
• Information that you post on or through the public areas of this Website (e.g., chat rooms, bulletin boards, and discussion groups, blogs) are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of this Website are encouraged to exercise caution when providing personal information about themselves in public or interactive areas.
• In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, personally identifiable information that you provide and other information concerning your relationship with us.
• We may transfer your personal information to third parties under confidentiality obligations when the performance of any service in relation to the activities above is sub-contracted (e.g., the administration of a marketing campaign).
• We may disclose your personal information if permitted by law or required to do so by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our customers or users of this Website.
Our policies and procedures limit access to personal information to those with a business reason to know such information. We have put in place physical, electronic, and managerial procedures to safeguard the information we collect. However, due to the open communication nature of the Internet, we cannot represent, warrant, or guarantee that communications between you and us, or personal information stored on our servers, will be free from unauthorized access by third parties, loss, misuse, or alterations. The Company disclaims liability for personal information submitted through this Website. Users are hereby advised that they submit such personal information at their own risk.
We use a third party advertising company to serve ads when you visit our Website. This company may use information (not including your name, address, email address or telephone number) about your visit to this web site in order to provide advertisement about goods and services that may be of interest to you. In the course of serving advertisements to this site, our third party advertiser may place or recognize unique “cookie” on your browser. If you would like more information about this practice and to know choices about not having this information used by this third party company, please visit http://www.doubleclick.ney/us/corporate/privacy.
You may request that we provide you the information we hold about you, update your information, or ask us to remove your information or correct any inaccuracies in such personal data by sending an email to email@example.com We will use reasonable efforts to deal with your request within a reasonable time.
This Website may include a referral service that allows you to tell a friend about this Website or certain content on this Website by submitting your friend’s name and email address to us. We will automatically send your friend a one-time email inviting him or her to visit this Website. The Company stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at firstname.lastname@example.org to request that we remove this information from our database.
Please note: The laws and regulations in different countries impose different (and even conflicting) requirements on the Internet and data protection. The servers that make this Website available worldwide are located in the United States of America. All matters relating to this Website are governed by the laws of the state of New York, without giving effect to its conflict of law provisions. Please note that any information you provide will be transferred to the United States of America and by submitting the information you authorize this transfer.
USE OF MY SUBMISSION. By posting my comment, story, recipe, information, suggestion, video(s), photograph(s), image(s), or any other type of submission (each a “Submission”), I hereby irrevocably grant to the Company, its parent, subsidiary, and affiliated companies, and each of their respective successors and assigns (collectively, the “Company”) all present and future rights, title, and interest of every kind and nature whatsoever, including, without limitation, all copyrights and all rights incidental, subsidiary, ancillary, or allied thereto (including, without limitation, all derivative rights) in and to the Submission, and any ideas, concepts, or elements embodied therein, for use throughout the universe in any manner or venue and for any purpose (including, without limitation, for purposes of advertising, promotion, or trade in promoting and publicizing the Company and its products and services) by means of any and all media and devices (whether now known or hereafter devised) in perpetuity. The Company shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Patrón deems necessary or desirable, and I irrevocably waive any and all so-called moral rights I may have in the Submission and I agree that I shall have no right of approval and no claim to compensation in connection with the Submission.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. I represent and warrant to the Company as follows: (a) I am voluntarily submitting my Submission; (b) I understand that no copy of my Submission will be returned to me; (c) the content of the Submission is previously unpublished and is original to me (or, if I am not the person that created the Submission, the person who created the Submission has granted to me all rights necessary to allow me to grant to Patrón the rights granted pursuant to these Terms and Conditions); (d) the Submission does not disparage the Company or its competitors, or any third party; does not contain any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, and does not contain the names of any people (including, without limitation, any celebrities) or any third party trademarks; (f) the content of the Submission is not the subject of any actual or threatened litigation or claim; (g) neither the Submission, nor the use of the Submission by the Company in any manner, venue or media, whether now known or hereafter devised anywhere in the universe at any time for any purpose (including, without limitation, for purposes of advertising, promotion, or trade in promoting and publicizing the Company and its products and services), will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. I hereby agree to indemnify and hold harmless the Company from and against any and all third-party claims, actions or proceedings of any kind, and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder.
NO OBLIGATION TO USE. The Company shall have no obligation (expressed or implied) to use (or post) the Submission or to otherwise exploit the Submission or, if commenced, to continue the distribution or exploitation (or posting) thereof, and the Company may at any time abandon the use (or posting) of the Submission and/or remove the Submission from this website for any reason in its sole discretion, and I shall not be entitled to any damages or other relief by reason thereof.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. I hereby acknowledge and agree that the relationship between me and the Company is not a confidential, fiduciary, or other special relationship, and that my decision to provide the Submission to the Company does not place the Company in a position that is any different from the position held by members of the general public with regard to elements of the Submission. I acknowledge and agree that the Company does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
IMPORTANT. PLEASE READ GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By making my Submission, I agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Submission shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submitting the Submission, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek, punitive, incidental, or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. I acknowledge and agree that the Company is not responsible for any damage to my computer system that is occasioned by accessing the website, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions, or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
I agree that any litigation between me and the Company arising from or pertaining to my Submission (including, without limitation, any use by the Company of my Submission) and/or my use of this website shall be governed by New York law and that exclusive jurisdiction resides in the courts of the State of New York.
V. THIRD-PARTY HYPERLINKS
The appearance on the website of external hyperlinks to third-party sites, in any form, does not constitute endorsement by us or any of our subsidiaries and affiliates, of the opinions or views expressed by any such third-party websites and we do not take responsibility for the accuracy, currency, completeness, or quality of the content contained at such sites. Furthermore, we are not responsible for the quality or delivery of the products or services offered, provided, accessed, or advertised by any third party. As such, neither we nor our subsidiaries and affiliates will be responsible or liable to you in any way for any content, errors or omissions, or for the results obtained from the use of any information contained in those third-party sites.
VI. DISCLAIMER AND LIMITATION OF LIABILITY/INDEMNITY:
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. We are not liable for any damages, harm, or injury that relates to, arises out of, or results from the use of, or access to, or the inability to use, any of the material on this Website. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this website or with respect to any content contained on this website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any content rests with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEBSITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY. You agree to indemnify, defend, and hold us and our representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from, or related to, (i) any breach by you of these Terms and Conditions, (ii) the content of any information submitted by you, (iii) your use of content or features available on the Website in an unauthorized manner, and/or (iv) a violation by you of any and all applicable laws, rules, or regulations.
IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, 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 ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT MATERIALS OR INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN, RESULTING FROM, OR CONTEMPLATED BY THIS AGREEMENT.
If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the Service; and/or (iii) preclude access to the Website (or any part thereof).
The Company reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and the Company will not be liable to you or to any third party should it exercise such rights.
This Agreement constitutes the entire agreement between you and the Company and governs your use of the Website, superseding any prior agreements between you and the Company regarding the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Company's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Website is operated by the Company from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Website are governed by New York law, without giving effect to its conflict of law provisions. Your use of the Website may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Website resides in the courts of the State of New York. Risk of loss and title for all electronically delivered transactions pass to the purchaser in New York upon electronic transmission to the recipient. No Company employee or agent has the authority to vary this Agreement.
The Company may send you notice with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.
The Company reserves the right to take steps the Company believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that the Company has the right, without liability to you, to disclose any Account information to law enforcement authorities, government officials, and/or a third party, as the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to The Company's right to cooperate with any legal process relating to your use of the Service and/or products, and/or a third-party claim that your use of the Service and/or products is unlawful and/or infringes such third party's rights).