Last updated: April 2013
I. THE SITE A. Legal Contract Welcome to the website (the “Site”) of BROOKLYN ALLERGY MOM (“BAM”). These terms constitute a legal agreement between you and BAM.
D. Electronic Communications
When you visit our Site or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all notices, disclosures, and other communications that we make electronically satisfy any legal requirement that such communications be in writing.
E. Changes To This Site/Right To Terminate/Sale of Company
F. Access and Availability of Services and Links
The Site may contain links to other websites. Interactions that occur between you and the third party sites are strictly between you and such sites, and are not the responsibility of BAM. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their sites. BAM does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. We encourage you to read those third party sites’ applicable Terms and Privacy Policies.
H. Choice Of Law; Arbitration
II. YOUR RESPONSIBILITIES
A. Intellectual Property and Site Materials
Unless otherwise stated, all content on this Site, such as text, images, logos, button icons, audio clips, data compilations, and software, is the property of BAM or third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. BAM grants to you a limited license to copy its content for your personal use, for example by downloading, printing, or saving to your individual storage medium. You must not remove or alter any proprietary notice included in the content. This limited license does not apply to any copyrighted materials on this Site that are owned by third parties. You are solely responsible for determining whether and under what conditions you may download, print, or otherwise use the copyrighted material of third parties. BAM grants to distributors, sellers, re-sellers, and similar entities a limited license to use and display BAM Site Materials in works such as brochures and websites, provided that it is clear that the BAM materials are manufactured by BAM.
BKLYNALLERGYMOM.COM; and other BAM graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of BAM. BAM trademarks and trade dress may not be used in connection with any product or service that is not BAM’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BAM. All other trademarks not owned by BAM or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BAM or its subsidiaries.
iii. Copyright Complaints
It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement, please notify us through the process set forth below. If we determine, based on our sole discretion that you are a repeat offender under the DMCA, all your content will be removed, and we reserve the right to take whatever other actions we deem necessary, including notifying the appropriate government authorities.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
SEND WRITTEN NOTICE OF ANY CLAIMED COPYRIGHT INFRINGEMENT TO THE DESIGNATED AGENT NAMED BELOW.
Designated to Receive Notification of Claimed Infringement:
Name: Heidi Bayer Address: 419 Park Avenue South, 2nd FL, NY NY 10016 E-mail:info email@example.com Telephone: 646-470-5883
Note: any email notifications should include “notice of alleged service provider infringement” in the subject line of the email. This contact information is provided only for the purposes stated above. We cannot respond to other inquiries. Notice must including the following information:
• The name, address, and electronic signature of the complaining party.
• A description of the infringing materials and a link to the infringing materials, or if a link is not available a description of the location of these materials on the website.
• Sufficient information to identify the copyrighted works.
• A statement by the copyright owner that the copyright owner has a good faith belief that there is no legal basis for the use of the materials complained of.
• A statement of the accuracy of the statements made and, under penalty of perjury, a statement that the complaining party is authorized to act on the behalf of the copyright owner.
A party whose material was removed improperly may send counter notice to the above-referenced address. Counter-notice must including the following:
• The sender’s name, address, phone number and physical or electronic signature.
• Identification of the material and its location prior to removal.
• A statement under penalty of perjury that the material was removed by mistake or misidentification.
• The sender’s consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.
iv. Additional terms
You may not use data-mining, robots, or any other data-gathering and extraction tools. You may not use webpage frames to enclose any part of the Site. You may not use any metatags or other hidden text that includes BAM’s trademarks or trade names. You may not use the Site for any unlawful purpose.
No Warranty. The Site is presented to you AS IS. BAM MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE IMAGES. BAM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, WHETHER OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR OTHERWISE.
B. Prohibited Conduct
You may use this Site for lawful purposes only. You may not submit or transmit through the Site any material or engage in any conduct that:
• violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortiously interferes with another, or contains explicit or graphic descriptions, or accounts of, sexual acts;
• is libelous, obscene, threatening, defamatory, pornographic, profane, sexually explicit, abusive, is otherwise objectionable, or which otherwise violates any law, rule or regulation or the rights of a third party;
• forges e-mail headers or otherwise disguises the origin of any communication;
• victimizes or harasses, degrades, or intimidates any individual or group of individuals;
• impersonates any person, business or entity including BAM and its employees or agents;
• contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telephonic (including cable) equipment and/or is likely to harm BAM’s or a third party’s computer system;
• allows for you or any third party to unlawfully access the computer of a third party or a computer network;
• encourages conduct that constitutes a criminal act or that gives rise to civil liability;
C. Information Provided On The Site
We take reasonable efforts to ensure that information posted on the Site is accurate, correct, and updated. Please note that despite our efforts, we do not warrant that all content is current, complete, or accurate, and reserve the right to reject any request or order based on inaccurate or out of date information. If you have questions about any particular information, please contact us for further details.
This Site is not intended for children.
III. ADDITIONAL TERMS
You may sign up to receive e-mail from BAM by providing your email address and other information to us. While we attempt to ensure that all information in any e-mail we distribute is accurate, we do not warrant that the information will be error free and reserve the right to reject any order or request based on inaccurate or out of date information.
B. Downloads and Uploads
The Site may also offer the opportunity to upload content to and/or transmit content. You agree that your uploading and/or transmittal of content does not violate any of provisions set forth herein. If you upload content to the Site and/or transmit content from the Site, you grant to BAM a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, publish, create derivative works (including products) from, distribute, and display such content throughout the world in all media. You grant to BAM the right to use the name that you submit in connection with such content. You warrant that you own or otherwise control all of the rights to such content, that it is accurate, and that its use does not violate this policy and will not injure any person or entity. BAM has the right but not the obligation to monitor, edit, and remove any posted content, and assumes no liability for any such content.
IV. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BAM DOES NOT WARRANT THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, BAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BAM DOES NOT WARRANT THAT THE OPERATION OF THIS WEBSITE IS RELIABLE OR ERROR-FREE, OR THAT TRANSMISSIONS FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. BAM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES. SOME STATE LAWS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. THOSE LAWS MAY GIVE YOU ADDITIONAL RIGHTS UNDER THE DISCLAIMERS ABOVE.
A. INFORMATION COLLECTION. We may share both personally identifiable information (PII) and non-personally identifiable information (Non-PII) with third parties that help manage the Site and related databases, as well as with marketing partners, affiliates, and other third parties.
1. Non-Personally Identifiable Information. BAM gathers certain broad Non-PII about Site use, including the number of unique visitors, the frequency with which they visit, and the programs and services preferred. We look at the data in summary form, rather than on an individual basis. We gather this information so we can, for example, learn how many people visit the Site, see which pages are the most and least viewed, and identify which web sites are referring visitors to the Site and related information. The data helps us determine the extent to which visitors use certain parts of the Site and tailor the Site in the future. In connection with these activities we may use some of the following tools.
IP Addresses: We collect and analyze traffic on the Site by keeping track of the IP addresses of our visitors. An IP address is the unique numeric identifier assigned to each computer browser accessing the Internet. An IP address, by itself, cannot identify you personally. However, when combined with other information provided by your Internet Service Provider (ISP), your IP address can be used to identify the computer originating a message.
We may also use your information in other ways, such as to contact you about changes to Site policy, to provide you with information about products and offers we believe will be of interest to you, or as otherwise disclosed to you at the point of collection. We may share your information with affiliates, subsidiaries, partners, and any other organizations or entities for similar purposes. Additionally, to the extent required by applicable federal or state law, we will provide this information to others.
3. Sharing Information for Operation Of The BAM Business. For the purpose of operating our business, we may transfer information between us and our service providers. For example, they may handle BAM’s credit card processing, shipping, data management, e-mail distribution, market research, information analysis, and promotions management. We may also share your information to administer a Site feature. The information that you submit on the Site may be provided to those vendors so that those vendors can provide services on our behalf.
We also reserve the right to share PII you provide with legal authorities if it is, in our sole opinion, necessary to investigate, prevent, or otherwise take action regarding suspected fraud, situations involving threats or potential harm, or if otherwise required by law (such as by a subpoena, court order, or other legal means). In the event that we reasonably believe that you have violated any of the Terms or policies governing your use of the Site, we reserve the right to use any information we have collected about you in connection with any efforts we make or made by any of our agents on our behalf. We may transfer personally identifiable information to an affiliate or third party as part of a transfer of business assets. Such a transfer would be within the scope of this policy so long as the affiliate or third party agrees to continue to maintain use and storage of PII in accordance with this policy.
B. SWEEPSTAKES, CONTESTS, PROMOTIONS. From time to time, we may request information from you via online polls, surveys, sweepstakes, or contests. Participation in these survey, sweepstakes, or contests is completely voluntary; you have a choice whether or not to disclose information required to enter. Information requested may include personal contact information such as your name, address, phone number, mobile phone number, e-mail address, username, and/or similar information. In addition, as noted above, we may share this information with our affiliates, subsidiaries, partners, and any other organizations or entities.
D. E-MAIL NEWSLETTER AND UPDATES, TEXT MESSAGES. If you sign up to receive e-mail newsletter, e-mail updates, or text messages from us, we may collect, store, and use your e-mail address and mobile phone number to send you such information. We may also collect and store other PII including but not limited to your name, address, phone number, number, username, and/or similar information you may opt to provide us. In addition, as noted above, we may share this information with affiliates, subsidiaries, partners, and any other organizations or entities.
E. OTHER COMMUNICATIONS / OTHER USERS. You may choose to contact BAM by e-mail or otherwise, with other inquiries or to provide comments. Any PII you provide in connection with such inquiries or comments will be collected and used for the purpose of processing and responding to your inquiries or comments.
F. SECURITY. Information submitted via the Internet, including through a web page or e-mail is subject to interception or incorrect routing, and the Internet is not a fully secure communications channel. Please consider this prior to submitting any information to us via this Site. While we follow generally accepted industry standards to protect the personal information submitted to us, no method of transmission over the Internet, or method of electronic storage, is 100 percent secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
H. UNSUBSCRIBE / CONTACT US. We want to communicate with you only if you want to hear from us. If you prefer not to receive information from BAM or would like to update or change your personal information or preferences, please contact us. However, BAM may send you service-related announcements, and transactional e-mail such as confirmations and receipts, from time to time through the general operation of the Site or by e-mail. If you do not want to receive any e-mail from us in the future, click the “unsubscribe” reference in any e-mail we send you. If you wish to review the contact information we have on file for you, correct your contact information, provide a change of address, or inform us how you wish your contact information to be used, please contact our staff.
Brooklyn Allergy Mom
419 Park Avenue South 2nd Floor
New York, NY 10016