TERMS / PRIVACY
1. User Content.
A. General. Some areas of the Website may require registration in order to gain access or submit content. There shall be no more than one account per person. You agree to keep your personal username and password secret and confidential. You acknowledge and understand that the protection of your username and password is your sole responsibility.
B. Content; Monitoring. As part of the Website’s services, by creating a user account you will be able to post text, illustrations, designs, photographs, articles, audio/video, images and other materials (“Content”) to the Website. You shall be the owner of, and shall therefore have full responsibility for, the content you choose to submit. You acknowledge and agree that we do not and shall not have any obligation to review Content, and that we cannot assure that defamatory, unlawful, or fraudulent Content will not appear on the Website. However, you acknowledge and agree that we have the right to examine each submission of Content, and that we may remove, alter, edit, modify, rearrange or refuse to post any Content that you submit or post to the Website, in whole or in part, for any or no reason, at our sole discretion. Furthermore, you agree that we shall not have any obligation to use, post or display any Content provided by you, at our sole discretion. When publicly displaying, reproducing or distributing copies of Content, including Content as incorporated into a collective work, JEWCY will make best efforts to credit your authorship. You grant JEWCY permission to use your name for such attribution purpose. You, likewise, agree to represent yourself accurately. You understand, also, that all opinions expressed by users of the Website are expressed strictly in their individual capacities, and not as representatives of JEWCY regardless of any employment or independent contractor relationship such user may have with JEWCY. Any use, display or performance of the Content must not suggest that JEWCY promotes or endorses any third party causes, ideas, political ideology, opinions, websites, products or services and my not be used by you in any manner. Representation of your personal opinions as institutionally endorsed by JEWCY is strictly prohibited.
C. Personal Information. In order to provide you with a full range of services, we will collect information from you that identifies you personally, such as your name and email address. You agree that such information provided to us is accurate, complete and current. You agree that you will be the sole user of the account you create, that it is your information that has been provided to us, and that you will be responsible for any unauthorized use of your account. Furthermore, if you discover that an unauthorized person is using the account to access and post content to the Website, you agree to notify us immediately, in writing (email to firstname.lastname@example.org shall suffice for the purposes of such notification). You agree that, in order to protect our interests, we have the right to take any and all action available and permitted by law, including, without limitation, criminal prosecution.
D. Your Ownership or Right to Use Content and Intellectual Property Rights. By posting Content to the Website, you warrant and represent that: you either own or otherwise control all of the rights to that Content, including, without limitation, all rights necessary for you to provide, post, upload, input or submit the Content, or that your use of the Content is protected by fair use; that the use of the Content on the Website as contemplated hereunder will not infringe upon the rights of any person or entity, including without limitation, copyrights, trademarks, rights of publicity, rights of privacy, trade secrets, trade dress or other intellectual property rights; and that you have not entered into any agreements with any third parties that would interfere with our contemplated use.
E. Prohibited Material. You agree not to post, link to, or otherwise submit to the Website any Content that:
(i) is illegal, fraudulent, defamatory, or libelous;
(ii) infringes any patent, copyright, trademark, right of publicity, right of privacy, trade secret, trade dress or other intellectual property rights of any party;
(iii) is designed or has the capacity to interrupt, destroy or limit the functionality of the Website or any portion or section thereof;
(iv) is patently pornographic in nature, in that it graphically and explicitly depicts sexual acts;
(v) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or which harasses or harms, or advocates the harassment or harming of another person;
(vi) contains any software viruses, or involves the transmission of political campaigning, commercial solicitation, “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or other communication in violation of the CAN-SPAM Act of 2003, or solicits personal information from other visitors to the Website;
(vii) links to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link; You acknowledge that Content posted to this the Website may be subject to size and usage limitations, and that you are responsible for adhering to such limitations.
F. Our Right to Use Content. By posting Content to the Website, you automatically grant, and represent and warrant that you have the right to grant, to us a non-exclusive, worldwide, perpetual, irrevocable, assignable, royalty-free, license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Content, derive revenue or other remuneration from, communicate to the public, distribute, perform or display such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. No submission of Content shall impose any obligation on JEWCY, whether of attribution or otherwise, and JEWCY shall not be liable for any use or disclosure of any such Content.
2. Intellectual Property.
A. Website Content. Copyrights, trademarks, brand names, trade dress and all other intellectual property rights in and to all content appearing on the Website, including, without limitation, logos, displays, pictures, graphics, section titles and text, shall be the sole and exclusive property of JEWCY, and shall be protected by the laws of the United States and/or other countries. You agree not to reproduce, display, distribute, publish or otherwise exploit the content of the Website, or any part or portion thereof, for any commercial purpose, and you agree that your use of the Website shall be solely for non-commercial purposes.
B. Notice and Takedown. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website by any other user in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
(i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Website;
(iv) your address, telephone number, and e-mail address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. We suggest that you consult your legal advisor before filing a notice with our copyright agent. Please note that there can be penalties for false claims under the DMCA.
The Website’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Jewcy Media LLC, c/o Nextbook Inc., 37 W. 28th Street, 8th Floor New York, NY 10001, Attn: Copyright Agent. Email: email@example.com
3. Links. We, third parties, and/or other users may provide links to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
4. DISCLAIMER OF WARRANTIES.
A. YOU ACKNOWLEDGE AND AGREE THAT JEWCY AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON THE WEBSITE AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS) APPEARING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SUCH CONTENT. JEWCY AND ITS AFFILIATES DO NOT ENDORSE ANY OPINION, ADVICE, OR STATEMENT OR OTHER MATERIAL CONTAINED IN ANY USER GENERATED CONTENT, AND SUCH CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENTS OF JEWCY OR ITS AFFILIATES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JEWCY OR ANY OF ITS AFFILIATES OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. JEWCY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE) WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE, DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY, COMPLETENESS, TIMELINESS, RELIABILITY OR ACCURACY OF ANY CONTENT AVAILABLE ON THE WEBSITE OR THAT THE WEBSITE, ITS SERVERS OR OUTGOING COMMUNICATIONS ARE FREE OF VIRUSES, DEFECTS OR OTHER HARMFUL COMPONENTS.
B. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL JEWCY, ITS AFFILIATES (AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS) BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY APPLICATIONS AVAILABLE THROUGH THE WEBSITE, OR YOUR RELIANCE ON CONTENT (INCLUDING WITHOUT LIMITATION ANY CONTENT SUBMITTED BY OTHER USERS) OBTAINED THROUGH THE WEBSITE OR CAUSED BY THE CONDUCT OF VISITORS TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, WHETHER OR NOT JEWCY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, JEWCY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, JEWCY AND ITS AFFILIATES DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
5. LIMITATION OF LIABILITY.
A. IN NO EVENT SHALL JEWCY, ITS AFFILIATES (OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS) BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.
B. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 4 OR 5 HEREOF MAY NOT APPLY TO YOU.
6. Indemnification. You shall indemnify, defend and hold JEWCY, its affiliates, and each of their respective directors, officers, employees, contractors and agents, harmless from and against any liability, damages, costs, expenses, fees (including reasonable attorney’s fees) or losses of any kind whatsoever (including, without limitation, to the extent resulting from third party claims, suits, actions or complaints) arising out of, or incurred as a result of (i) your use of the Website, (ii) any Content posted by you (including any errors or omissions in any such Content) and (iii) your breach of this Agreement or the representations made by you hereunder.
7. Commercial Use. You acknowledge and agree that the Website is for your personal use only and no portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
8. Electronic Communication. When you visit this Website or send e-mails 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 agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. Governing Law; Venue. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
12. FTC DISCLOSURE REQUIREMENTS. Jewcy aims to provide unbiased editorials. However, we wish to disclose that (i) we receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.
13. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
14. Contacting Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at firstname.lastname@example.org or write to us at Jewcy Media LLC, c/o Nextbook Inc., 37 w. 28th Street, 8th Floor New York, NY 10001.
We, at Jewcy, published by Jewcy Media LCC (“Jewcy”, “us”, “our” or “we”), understand that your privacy is important to you, and we are committed to protecting your privacy online. Please read the information below, which outlines our privacy practices concerning certain Personal Information and other data that we receive and collect when you use the Jewcy website and various related services (collectively, including all content available through the Jewcy.com domain name, the “Website”).
1. Information Collected
A. Personal Information. In order to better provide you with our full range of services, we collect personal information from our users. “Personal Information” is information that personally identifies you, such as your name, address, email address, or phone number. You may provide certain Personal Information to us when you: (1) create an account or register to receive an email newsletter; (2) enter into a promotion or contest that requires registration; (3) sign up for special offers from third parties; (4) send email messages or otherwise send or transmit information to us; (5) log-in or comment using Facebook Connect or Twitter; (6) visit the site. You may, of course, decline to submit Personal Information through the Website, in which case, you can still view user-generated content and explore the Website, but we may not be able to provide certain services to you. If you choose to submit Personal Information to us through the Website, we may combine the information you submit under your account with information from other Jewcy services or third parties in order to provide you with a better experience and to improve the quality of our services.
B. Non-Personal Information. In addition, we collect other, non-personal information from visitors to the Website through the use of analytic software. “Non-Personal Information” is information that does not, in and of itself, identify you specifically. It is information that is recorded about the Website’s users, such as the URL, IP address and browser type, and collected into groups so that it no longer refers to an individually identifiable user. We may use Non-Personal Information to improve the content and design of the Website and to create new features, promotions and services by analyzing user trends and preferences. We may also share with third parties (such as advertisers) certain pieces of Non-Personal Information, such as the number of users who clicked on a particular advertisement.
2. Release of Information.
Occasionally, we may be required to provide Personal Information to various governmental authorities pursuant to a court order, subpoena or other judicial process and to otherwise cooperate with law enforcement investigations. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. Additionally, we may disclose Personal Information in the good-faith belief that such action is necessary to protect and defend the rights or property of JEWCY or its affiliates or the users of the Website. We may also provide Non-Personal Information about our customers’ traffic patterns and related site information to third party advertisers, but these statistics do not include any Personal Information.
3. Security of Information. At Jewcy, we endeavor to protect your Personal Information and have taken various steps, consistent with current industry standards, including, without limitation, internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. Furthermore, access to Personal Information is restricted to select employees, contractors and agents who are bound by certain confidentiality obligations.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
5. Miscellaneous Privacy Issues.
A. Protecting children’s privacy is important to us. Our policy is that we do not knowingly collect, use or disclose Personal Information about visitors that are under 13 years of age. In the event that we learn that we have collected personal information from a person under the age of 13, we will delete that information as quickly as possible. In no way is any Website content, advertising, or material intended for any persons under 13 years of age.
C. Jewcy adheres to the U.S. Safe Harbor privacy principles. For more information about the Safe Harbor framework or our registration, please refer to the United States Department of Commerce’s website at http://www.commerce.gov/.
Jewcy Media LLC
c/o Nextbook Inc.
37 W. 28th Street, 8th Floor New York, NY 10001
Attn: Privacy Compliance Officer
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