Latest Revision Date: July 21, 2011
The following Terms of Service ("TOS") are rules that govern the use of Brooklynian.com ("Website"), including (but not limited to) participation in its bulletin boards, forums, personal ads and listings, chats, links, messaging system, and all other areas (except to the extent stated otherwise on a specific page) as provided by Brooklynian ("Service Provider," "we," or "our").
Please read the rules contained in this TOS carefully. You can access this TOS any time at http://www.brooklynian.com/discussion/43646/terms-of-service. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Website.
In addition to reviewing this TOS, please read our Privacy Policy. Your use of the Website constitutes TOS to its terms and conditions as well. The TOS may be modified, changed, or amended in the future for any reason, including an expansion or subtraction of services, legal or administrative reasons, or to correct an error; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the TOS.
This statement may be The updated Statement will be found on this page.
Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to Service Provider's other remedies.
Monitoring
We strive to provide an enjoyable online experience for our users. To foster compliance with this TOS, we may monitor activity on the Website, including (but not limited to) the bulletin boards, forums, personal ads and listings, and chats. All users of the Website hereby specifically agree to such monitoring.
At the same time, we do not make any warranties or guarantees that the Website, or any portion thereof, will be monitored for accuracy or unacceptable use. Moreover, we do not make any warranties or guarantees that apparent statements of fact will be authenticated. Finally, we do not warrant or guarantee that we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this TOS.
Medical and Legal Information Disclaimer
The Website is not a forum for the exchange of medical or legal information or advice. While you may discuss medical or legal issues, you should not look to the Website for information or advice on such topics. Instead, we recommend that you talk in person with a trusted medical or legal professional.
THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS TOS, SERVICE PROVIDER AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THIS WEBSITE.
Registration and Account Creation
We may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, user name, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available. Otherwise, contact our Administrator at admin@brooklynian.com.
Use of User ID/Password
If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this TOS to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this TOS.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Website, if available, or notify our Administrator at admin@brooklynian.com.
Fees And Payments
Service Provider or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or the Website as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by Service Provider or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). Service Provider reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
If you submit your credit card, debit card, or charge card information to Service Provider upon registration or otherwise, you give Service Provider permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this TOS.
Rules of Usage
The Website is not intended for users under the age of 13, and Service Provider does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us. By using this website, you represent and warrant that you are 13 years of age or older.
Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website, or otherwise misrepresent your affiliation with any person or entity.
You may not provide to the Website, post on the Website, or post through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
Furthermore, you agree not to use any obscene, indecent, or offensive language, or to provide to the Website or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Website.
You further agree not to use any sexually suggestive language or to provide to the Website or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually suggestive or appeals to a prurient interest.
You may not provide to the Website or post on or through the Website any graphics, text, photographs, images, video, audio or other material that invades anyone's privacy, or facilitates or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.
You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on or through the Website, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
Neither your Content, nor any of the other activities that you undertake on Brooklynian are or will at any time be unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any applicable laws or these TOS or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Federal Trade Commission guidelines ("applicable laws"), or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content.
You will not embed, re-publish, maintain and/or display any Brooklynian content (including, without limitation, any of your own Content) on any personal social media or other web site or other Internet location that ordinarily (i) contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content.
The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use ("Assets"). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the Website, as limited by this TOS, and provided further that you keep intact any and all copyright and other proprietary notices.
The Website also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Service Provider or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and "look and feel" of the Website, and advertising thereon ("Website Content"). The Website Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Service Provider or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, including without limitation the Assets or Website Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this TOS, Service Provider or the Website.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website.
Brooklynian users can either use their real name or a “handle” (ie, a nickname that identifies you on the site) but should not lie to other users or misrepresent their own interests, opinions, or otherwise use their account to mislead other users. By registering a new account or using an existing account, you agree that:
On Brooklynian, you should respect the rights of others, the same way you would want them to respect your rights. Toward that end, you agree that:
Service Provider does not control, and does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this TOS. You hereby waive any legal or equitable rights or remedies you may have against Brooklynian or any of its affiliates with respect to such Content.
Use Of Material Supplied By You
For information regarding use of information about you that you may supply or communicate to the Website, please see our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy, you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.
Most or all content you post on Brooklynian will be public, which means you are giving everyone, including people who are not members of Brooklynian, access to see and to use that information and associate it with your public account information; you have no expectation of confidentiality of any nature with respect to any of your Content (see Privacy Policy for more details).
Copyright Complaints
The Service Provider respects the intellectual property of others, and we ask our users to also respect intellectual property of others. The Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Service Provider by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Merchandise Sold On Or Through The Website
Neither Service Provider nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold by others on or through the Website. Transactions for any such item shall be between the user and the third party seller, without any involvement of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, or sold by others on or through the Website, including illegal, offensive or illicit items, even items that violates this TOS.
Indemnification
You agree to indemnify and hold harmless Brooklynian and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (i) any of your Content, (ii) your participation in any activities organized on or by the Service, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these TOS, (iv) your violation of any person's intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or these TOS by you and/or anyone using your registered account to access and/or otherwise use the Service (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Service through your registered account, in connection with your (and/or such other person's) use of the Service (in whole or in part). Brooklynian reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Brooklynian in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Service.
Editing, Deletions, and Content Screening
Service Provider reserves the right (but undertakes no duty) to review, edit, move or delete any material provided for display or placed anywhere on the Website, forum, bulletin boards, in its sole discretion, without notice.
You can delete or modify your own Posts within a specific period of time (typically 60 to 90 minutes after you post). When content is deleted on Brooklynian, it may be deleted outright, though certain content types go into a “recycle bin” that helps insure against accidental deletion, and provides a safeguard if we need to undelete the content in the future.
When you send a Message directly to another user (or group of users), a copy is created just for that user, so--similar to how email works--deleting the message you sent will not delete the message they received: they have to choose to delete it.
Brooklynian does not as a matter of its ordinary practice pre-screen any Content submitted by you or other users of Brooklynian. However, Brooklynian (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the Content for a variety of reasons, including, without limitation, for compliance with these TOS or applicable laws, or if otherwise desired or necessary, as determined by Brooklynian in its sole discretion.
Enforcement
We fully intend to enforce all of the TOS. If on any occasion we do not enforce any or all of the TOS, you should not consider it a waiver. We may assign all our rights and obligations under this statement to another party in an acquisition, merger, asset sale, operation of law, or other event. If a specific part of this Statement in found not to be enforceable, we the rest of the Statement will remain in full force and effect.
Additional Rules
Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website. Such additional rules will be posted in the relevant parts of the Website. Your continued use of the Website constitutes your TOS to comply with these additional rules.
Disclaimer Of Warranty And Limitation Of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS TOS, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Brooklynian may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Brooklynian's liability shall be the minimum permitted under such applicable law.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL BROOKLYNIAN OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OWNERS, ADMINISTRATORS, MODERATORS, OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SERVICE OR ANY PARTS THEREOF.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".
Termination Or Suspension Of Access To The Website
You understand and agree that Brooklynian may, in its sole discretion and at any time, permanently or temporarily suspend your access to and right to use the Service, and discard, remove, and/or disable or deactivate any or all of your Content that you submitted to the Service (and/or any other Content) and/or any other information and data that you (and/or anyone else) may have provided to the Service, for any reason. Brooklynian may also, in its sole discretion and at any time, discontinue the Service or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT BROOKLYNIAN MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITH OR WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER BROOKLYNIAN NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO THE SERVICE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF (AND/OR THE FAILURE OR REFUSAL TO REMOVE, DISCARD, DISABLE OR DEACTIVATE) ANY OF YOUR CONTENT (OR THE CONTENT OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SERVICE.
You may discontinue your access to, use of, or participation in the Service at any time.
Services Provided
We may at times offer services through the Website, including (but not limited to) auctions, weather services, and events listings. These services may be administered by third parties; if so, you must agree to such third party's user TOSs, contracts and rules pertaining to the use of its service. Neither Service Provider nor its third party service provider(s) have any control or assume responsibility for the quality, safety or legality of the items advertised through such services. We provide a venue to bring buyers and sellers together over the Internet. If you utilize these services on the Website, please note that Service Provider does not participate and does not have any control over or assume any responsibility or liability for the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the functionality of the services.
Associated Press
The following provision applies to all visitors to the Website (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content). By accessing this Website, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) the Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) the Associated Press reserves the right to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time.
Mobile Terms and Conditions
The following terms and conditions govern your use of Mobile Programs offered by this Website, so please read them carefully. Your use of any aspect of the Program will constitute your TOS to comply with these terms and conditions.
If you cannot agree with these terms and conditions, please do not use the Program. These terms and conditions may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access to the Program by you will constitute your acceptance of any changes or revisions to these terms and conditions.
Your failure to follow these terms and conditions may result in suspension or termination of your access to the Program, without notice, in addition to our other remedies. We also reserve the right to discontinue the Program, or change the content or formatting of the Program, at any time without notice to you, and to require the immediate cessation of any specific use of the Program.
Your carrier's standard messaging rates apply to all mobile text messages you initiate from our website to your cell phone. All charges are billed by and payable to your mobile service provider.
You agree that the cell phone number you enter in the Program is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Program available. You shall provide all equipment and software necessary to connect to the Program, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Program.
You agree not to modify the format or branding of the content provided in the Program ("Content"), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the Program except as expressly provided for in this TOS.
We provide the Program "as is" and shall not be held liable for your use of the information, content, or material contained therein. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
If you don't agree to the terms contained in this TOS, please exit the Website by clicking the Back button on your browser to return to the previous page.
Definitions
By "Brooklynian.com," “the site,” “service,” and “services” we mean the features and services made available through our website at brooklynian.com and any other Brooklynian branded or co-branded websites or apps (including subdomains, widgets, and mobile versions) and other Brooklynian-branded media, software, devices, or networks now existing or later developed. The terms “Service Provider,” "us," "we," and "our" refer to Brooklynian.
By "information," we mean any personal details about you that you post on Brooklynian, or actions you take on Brooklynian. By "content," we mean anything else that you upload or post on Brooklynian (i.e., anything you upload or post not fitting the definition of “information”). This includes but is not limited to files, text, photos, videos, or messages that you post, upload, or otherwise voluntarily place on Brooklynian.
The following Terms of Service ("TOS") are rules that govern the use of Brooklynian.com ("Website"), including (but not limited to) participation in its bulletin boards, forums, personal ads and listings, chats, links, messaging system, and all other areas (except to the extent stated otherwise on a specific page) as provided by Brooklynian ("Service Provider," "we," or "our").
Please read the rules contained in this TOS carefully. You can access this TOS any time at http://www.brooklynian.com/discussion/43646/terms-of-service. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Website.
In addition to reviewing this TOS, please read our Privacy Policy. Your use of the Website constitutes TOS to its terms and conditions as well. The TOS may be modified, changed, or amended in the future for any reason, including an expansion or subtraction of services, legal or administrative reasons, or to correct an error; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the TOS.
This statement may be The updated Statement will be found on this page.
Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to Service Provider's other remedies.
Monitoring
We strive to provide an enjoyable online experience for our users. To foster compliance with this TOS, we may monitor activity on the Website, including (but not limited to) the bulletin boards, forums, personal ads and listings, and chats. All users of the Website hereby specifically agree to such monitoring.
At the same time, we do not make any warranties or guarantees that the Website, or any portion thereof, will be monitored for accuracy or unacceptable use. Moreover, we do not make any warranties or guarantees that apparent statements of fact will be authenticated. Finally, we do not warrant or guarantee that we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this TOS.
Medical and Legal Information Disclaimer
The Website is not a forum for the exchange of medical or legal information or advice. While you may discuss medical or legal issues, you should not look to the Website for information or advice on such topics. Instead, we recommend that you talk in person with a trusted medical or legal professional.
THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS TOS, SERVICE PROVIDER AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THIS WEBSITE.
Registration and Account Creation
We may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, user name, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available. Otherwise, contact our Administrator at admin@brooklynian.com.
Use of User ID/Password
If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this TOS to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this TOS.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Website, if available, or notify our Administrator at admin@brooklynian.com.
Fees And Payments
Service Provider or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or the Website as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by Service Provider or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). Service Provider reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
If you submit your credit card, debit card, or charge card information to Service Provider upon registration or otherwise, you give Service Provider permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this TOS.
Rules of Usage
The Website is not intended for users under the age of 13, and Service Provider does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us. By using this website, you represent and warrant that you are 13 years of age or older.
Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website, or otherwise misrepresent your affiliation with any person or entity.
You may not provide to the Website, post on the Website, or post through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
Furthermore, you agree not to use any obscene, indecent, or offensive language, or to provide to the Website or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Website.
You further agree not to use any sexually suggestive language or to provide to the Website or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually suggestive or appeals to a prurient interest.
You may not provide to the Website or post on or through the Website any graphics, text, photographs, images, video, audio or other material that invades anyone's privacy, or facilitates or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.
You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on or through the Website, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
Neither your Content, nor any of the other activities that you undertake on Brooklynian are or will at any time be unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any applicable laws or these TOS or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Federal Trade Commission guidelines ("applicable laws"), or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content.
You will not embed, re-publish, maintain and/or display any Brooklynian content (including, without limitation, any of your own Content) on any personal social media or other web site or other Internet location that ordinarily (i) contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content.
The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use ("Assets"). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the Website, as limited by this TOS, and provided further that you keep intact any and all copyright and other proprietary notices.
The Website also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Service Provider or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and "look and feel" of the Website, and advertising thereon ("Website Content"). The Website Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Service Provider or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, including without limitation the Assets or Website Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this TOS, Service Provider or the Website.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website.
You agree you will not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Brooklynian, unless you have obtained prior permission from such user to do so.
You agree you will abide by all copyright notices, information, restrictions contained in or associated with any of the content on Brooklynian.
You agree you will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Brooklynian content.
You agree you will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Brooklynian content.
Other than connecting to Service Provider's servers by http requests using a Web browser, you agree you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.
We welcome any feedback, suggestions, or ideas you have about Brooklynian, but you understand that we are not obligated in any way to pay you or otherwise compensate you for providing this information, or for any other information you provide.
Accountability to You and Other Users
We try to keep Brooklynian safe, fun, and useful, but we cannot always guarantee this. You can help us by agreeing to the best practices that we also follow. When we delete content, warn users, suspend user accounts, or block computers from accessing Brooklynian, it is often because of a violation of these best practices.
By accessing Brooklynian, you agree that you will NOT:
- Send or post spam, or other unauthorized commercial communications
- Harvest user content or profile information
- Use software or other automated means to access Brooklynian (this includes robots, spiders, harvesting bots, and scrapers)
- Promote or engage in multi-level marketing, pyramid schemes, etc.
- Upload viruses or other malicious code
- Access an account that belongs to someone else
- Solicit login information from another user
- Verbally attack, insult, intimidate, harass, or bully any user
- Disrupt public discussions by engaging in off-topic discourses
- Post Content that contains nudity, graphic or gratuitous violence; that incites violence; or that is hateful, pornographic, or threatening, or pornographic
- Do anything illegal, misleading, discriminatory, or malicious
- Do anything that would disable Brooklynian or interfere with its proper operation, such as a denial of service attack
- Encourage or incite anyone to violate these best practices
Brooklynian users can either use their real name or a “handle” (ie, a nickname that identifies you on the site) but should not lie to other users or misrepresent their own interests, opinions, or otherwise use their account to mislead other users. By registering a new account or using an existing account, you agree that:
- You will not provide any false personal information
- You will not create an account for anyone other than yourself, without permission
- You will not create more than one personal account
- If we disable your account, you will not create another one without our permission
- You will not use Brooklynian if you are under 13.
- You will not use Brooklynian if you are a convicted sex offender.
- You will keep your contact information (including email address) accurate and up-to-date
- You will not share your password with others
- You will not let anyone else access your account
- You will not do anything that could jeopardize the security of your account
- You will not transfer your account to anyone else without our permission
- You will not create a username or enter profile information that violates any of the terms of this Statement. We reserve the right to remove or reclaim a username for any reason, including but not limited to:
- obscene or inappropriate language,
- violation of a trademark or copyright,
- names or information that create confusion regarding the identity of other users,
- names that are “reserved” or something close to a reserved name (example: “brooklynian dave” would not be allowed).
On Brooklynian, you should respect the rights of others, the same way you would want them to respect your rights. Toward that end, you agree that:
- You will not violate any laws when you use or access Brooklynian.
- You will not perform any action on Brooklynian, or post any content on Brooklynian, that breaks any laws or violates or infringes on the rights of someone else. This includes the use of copyrights or trademarks (including “Brooklynian” or similar terms). If we believe you post content or information that breaks the law, or violates or infringes on rights of others, we may remove that content or information. If you think that we removed that content or information in error, you can appeal the decision. We may disable your account if you repeatedly infringe on the rights of others.
- You will not post anyone’s financially sensitive information, private documents, or personal files on Brooklynian. You should also refrain from posting any personally identifying information of other users or individuals who do not wish their personally identifying information to become public.
- If specific users do not wish to be contacted by you, you will not send them personal messages or otherwise try to contact or personally communicate with them through Brooklynian.
Service Provider does not control, and does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this TOS. You hereby waive any legal or equitable rights or remedies you may have against Brooklynian or any of its affiliates with respect to such Content.
Use Of Material Supplied By You
For information regarding use of information about you that you may supply or communicate to the Website, please see our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy, you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.
Most or all content you post on Brooklynian will be public, which means you are giving everyone, including people who are not members of Brooklynian, access to see and to use that information and associate it with your public account information; you have no expectation of confidentiality of any nature with respect to any of your Content (see Privacy Policy for more details).
Copyright Complaints
The Service Provider respects the intellectual property of others, and we ask our users to also respect intellectual property of others. The Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Service Provider by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Merchandise Sold On Or Through The Website
Neither Service Provider nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold by others on or through the Website. Transactions for any such item shall be between the user and the third party seller, without any involvement of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, or sold by others on or through the Website, including illegal, offensive or illicit items, even items that violates this TOS.
Indemnification
You agree to indemnify and hold harmless Brooklynian and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (i) any of your Content, (ii) your participation in any activities organized on or by the Service, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these TOS, (iv) your violation of any person's intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or these TOS by you and/or anyone using your registered account to access and/or otherwise use the Service (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Service through your registered account, in connection with your (and/or such other person's) use of the Service (in whole or in part). Brooklynian reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Brooklynian in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Service.
Editing, Deletions, and Content Screening
Service Provider reserves the right (but undertakes no duty) to review, edit, move or delete any material provided for display or placed anywhere on the Website, forum, bulletin boards, in its sole discretion, without notice.
You can delete or modify your own Posts within a specific period of time (typically 60 to 90 minutes after you post). When content is deleted on Brooklynian, it may be deleted outright, though certain content types go into a “recycle bin” that helps insure against accidental deletion, and provides a safeguard if we need to undelete the content in the future.
When you send a Message directly to another user (or group of users), a copy is created just for that user, so--similar to how email works--deleting the message you sent will not delete the message they received: they have to choose to delete it.
Brooklynian does not as a matter of its ordinary practice pre-screen any Content submitted by you or other users of Brooklynian. However, Brooklynian (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the Content for a variety of reasons, including, without limitation, for compliance with these TOS or applicable laws, or if otherwise desired or necessary, as determined by Brooklynian in its sole discretion.
Enforcement
We fully intend to enforce all of the TOS. If on any occasion we do not enforce any or all of the TOS, you should not consider it a waiver. We may assign all our rights and obligations under this statement to another party in an acquisition, merger, asset sale, operation of law, or other event. If a specific part of this Statement in found not to be enforceable, we the rest of the Statement will remain in full force and effect.
Additional Rules
Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website. Such additional rules will be posted in the relevant parts of the Website. Your continued use of the Website constitutes your TOS to comply with these additional rules.
Disclaimer Of Warranty And Limitation Of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS TOS, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Brooklynian may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Brooklynian's liability shall be the minimum permitted under such applicable law.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL BROOKLYNIAN OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OWNERS, ADMINISTRATORS, MODERATORS, OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SERVICE OR ANY PARTS THEREOF.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".
Termination Or Suspension Of Access To The Website
You understand and agree that Brooklynian may, in its sole discretion and at any time, permanently or temporarily suspend your access to and right to use the Service, and discard, remove, and/or disable or deactivate any or all of your Content that you submitted to the Service (and/or any other Content) and/or any other information and data that you (and/or anyone else) may have provided to the Service, for any reason. Brooklynian may also, in its sole discretion and at any time, discontinue the Service or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT BROOKLYNIAN MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITH OR WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER BROOKLYNIAN NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO THE SERVICE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF (AND/OR THE FAILURE OR REFUSAL TO REMOVE, DISCARD, DISABLE OR DEACTIVATE) ANY OF YOUR CONTENT (OR THE CONTENT OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SERVICE.
You may discontinue your access to, use of, or participation in the Service at any time.
Services Provided
We may at times offer services through the Website, including (but not limited to) auctions, weather services, and events listings. These services may be administered by third parties; if so, you must agree to such third party's user TOSs, contracts and rules pertaining to the use of its service. Neither Service Provider nor its third party service provider(s) have any control or assume responsibility for the quality, safety or legality of the items advertised through such services. We provide a venue to bring buyers and sellers together over the Internet. If you utilize these services on the Website, please note that Service Provider does not participate and does not have any control over or assume any responsibility or liability for the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the functionality of the services.
Associated Press
The following provision applies to all visitors to the Website (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content). By accessing this Website, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) the Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) the Associated Press reserves the right to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time.
Mobile Terms and Conditions
The following terms and conditions govern your use of Mobile Programs offered by this Website, so please read them carefully. Your use of any aspect of the Program will constitute your TOS to comply with these terms and conditions.
If you cannot agree with these terms and conditions, please do not use the Program. These terms and conditions may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access to the Program by you will constitute your acceptance of any changes or revisions to these terms and conditions.
Your failure to follow these terms and conditions may result in suspension or termination of your access to the Program, without notice, in addition to our other remedies. We also reserve the right to discontinue the Program, or change the content or formatting of the Program, at any time without notice to you, and to require the immediate cessation of any specific use of the Program.
Your carrier's standard messaging rates apply to all mobile text messages you initiate from our website to your cell phone. All charges are billed by and payable to your mobile service provider.
You agree that the cell phone number you enter in the Program is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Program available. You shall provide all equipment and software necessary to connect to the Program, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Program.
You agree not to modify the format or branding of the content provided in the Program ("Content"), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the Program except as expressly provided for in this TOS.
We provide the Program "as is" and shall not be held liable for your use of the information, content, or material contained therein. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
If you don't agree to the terms contained in this TOS, please exit the Website by clicking the Back button on your browser to return to the previous page.
Definitions
By "Brooklynian.com," “the site,” “service,” and “services” we mean the features and services made available through our website at brooklynian.com and any other Brooklynian branded or co-branded websites or apps (including subdomains, widgets, and mobile versions) and other Brooklynian-branded media, software, devices, or networks now existing or later developed. The terms “Service Provider,” "us," "we," and "our" refer to Brooklynian.
By "information," we mean any personal details about you that you post on Brooklynian, or actions you take on Brooklynian. By "content," we mean anything else that you upload or post on Brooklynian (i.e., anything you upload or post not fitting the definition of “information”). This includes but is not limited to files, text, photos, videos, or messages that you post, upload, or otherwise voluntarily place on Brooklynian.