TRADEMARKS AND COPYRIGHTS
Born in Brooklyn™, BIB™, Brooklyn Born™ and Where You From?™ are trademarks of the Company.All other trademarks on the Service are the property of the respective trademark owners. Unauthorized use of these names is prohibited by law. All designs, WebPages and source code comprising the Service are copyrighted by the Company beginning in 2001. All rights reserved.
RESTRICTIONS ON USE
All content and material on the Service, such as text, graphics, logos, photographs, icons, images, audio clips and software, are the property of the Company or its licensors and are protected by United States and
international copyright laws.The compilation of all content and material on the Service is the exclusive property of the Company and protected by U.S. and international copyright laws. Content and material from the Service and
any other web site owned, operated, licensed, or controlled by the Company may not be copied, except by a user solely for his or her personal use, and such material may not be distributed, republished, uploaded, posted, or transmitted
in any way, without the prior written consent of the Company. Modification or use of the content or material for any other purpose would violate the Company’s and/or its licensors’ intellectual property rights. The content and material in the Service is provided for lawful purposes only. In the event you download software from the Service, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed non-exclusively to you by the Company and/or its licensors. The Company does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
POLICY CONCERNING CLAIMS OF INFRINGEMENT
It is the policy of the Company to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Service. The Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.
All notices of copyright infringement should be sent to:
Born in Brooklyn, LLC
P.O. Box 170271
Brooklyn, New York 11217
Telephone:(212) 595-7058
Facsimile: (212) 595-8541
email: borninbrooklyn1@aol.com
Notices of copyright infringement should contain the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the Company to locate the material.
d. The address, telephone number, or email address of the complaining party, a statement that the complaining party has 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. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
f. The Company reserves the right to (i) remove any material which it believes may violate the copyright or other rights of any third party and/or (ii) limit access to or from the Service for any user whom the Company believes is violating any such rights of others.
SUBMISSIONS
You agree that you will not upload or transmit any remarks, suggestions, ideas,
graphics, information, data, text, files, links, software, or other materials
(“Content”) that infringe any patent, trademark, trade secret, copyright
or other proprietary rights of any party. By submitting Content to the Company
through the Service, you automatically warrant that you have the right to grant,
and do hereby grant, to the Company the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such Content (in
whole or part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed for the full term of any patent,
trademark, trade secret, copyright or other proprietary rights of any party
that may exist in such Content. Under no circumstances will the Company be required
to treat any Content as confidential (subject to the Service’s
Privacy Policy ).The Company will be entitled to use the Content for any
purpose whatsoever (consistent with the Service’s
Privacy Policy) without compensation to you or any other person who submits
the Content.The Company will not be liable to you or any other person for any
ideas for the Company’s business (including, without limitation, product ideas)
derived from the Content and will not incur any liability as a result of any
similarities to the Content that may appear in the future in the Service or
in the Company’s operations.
You acknowledge that you are responsible for whatever Content you submit, and you, not the Company, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.You agree to indemnify and hold harmless the Company, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any Content that you submit.
The Company shall have the right, but not the responsibility, to remove Content, which is deemed, in the Company’s sole discretion, harmful, offensive, or otherwise in violation of these Terms and Conditions.
LINKS
The Service may link to other web sites which are not maintained by the Company and are owned and operated by third parties. You acknowledge that the Company is not responsible for the operation of, or content located on or through, any third party web sites. The inclusion of a link to such web site does not imply endorsement by the Company and/or the
Service. Viewing of any web site linked to the Service is at your own risk.
DISCLAIMER
THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OR ACCURACY OF ANY INFORMATION ON THE SERVICE. THE COMPANY DOES NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE
SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE MATERIAL IN THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, LTITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.
LIMITATION OF LIABILITY
The Company will not be liable for any damages or injury caused by the Service or any content on the Service, including, but not limited to, any error, omission, interruption, defect, delay in operation or transmission, failure of performance or computer virus. The Company will not be liable for any damages or injury, including but not limited to, special, indirect, incidental or consequential damages that result from the use of, or the inability to use, the content or materials on the Service even if there is negligence by the Company or if an authorized representative of the Company has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. The Company will not be liable for any damages or injury, including but not limited to, special, indirect, incidental or consequential damages that may result from linking to any third-party web site.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD
ALL OF THE COMPANY’S PRODUCTS ARE GUARANTEED AGAINST DEFECTS FOR 30 DAYS FROM THE DATE OF RECEIPT OF THE PRODUCT. EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SERVICE. EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON
THE SERVICE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE LIABILITY OF THE COMPANY TO ANY USER ARISING FROM ANY PRODUCT SOLD ON THE SERVICE SHALL BE A REFUND OF THE PRICE PAID FOR THE PRODUCT. IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON THE SERVICE.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Company reserves the right at any time after receipt of your order
to accept or decline your order for any reason. The Company reserves the right at any time after receipt of your
order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed
must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. The Company does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by
the Company. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
SALES TAXES
The Company shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York State. Each customer shall be solely responsible for all sales taxes or other taxes on orders shipped to any other state.
TERMINATION
The Company may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (a) all content and material obtained from the Service, and (b) all related documentation and all copies, printouts, and installations. The Company may prevent your access to the Service immediately without notice if, in its sole judgment, you breach any provision of these Terms and Conditions.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company and its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of: your use of the Service; your failure to use the Service; your breach or alleged breach of these Terms and Conditions; or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
JURISDICTION
The Company makes no representation that the materials provided on the Service are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the Service from other locations,
you are responsible for compliance with applicable local laws. Some Software from the Service may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national of or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone on (i) the U.S. Treasury Department’s specially designated
nationals list, or (ii) the U.S. Commerce Department’s table of denial orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on
any such list.
MISCELLANEOUS
These Terms and Conditions are for the benefit of the Company, its licensees, successors and assigns.These Terms and Conditions will be governed and interpreted pursuant to the laws of the County and State of New York, United States of
America, notwithstanding any principles of conflicts of law and you hereby consent to the personal jurisdiction and venue of such courts. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be modified to the extent possible to make it enforceable, or at the Company’s election, such part will be deemed severable and, in either event, such modification or severance will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Service for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions contain the entire agreement between the parties relating to the use of the Service and supersede all prior or contemporaneous communications and proposals between the parties.
