Amy Applebaum, Inc.
PERSONALLY IDENTIFIABLE INFORMATION
If you submit to the Web Site a comment, story, photograph or other content to be published, online, we may publish your name or other personally identifiable information in connection with publishing the content. We will not return any materials, such as photographs, once they have been sent to us.
Please note that information submitted to the Web Site via a “contact us,” “help” or other similar e-mail address or form will not necessarily receive a response. We will not use the information provided to these e-mail addresses or forms for marketing purposes unrelated to your request.
NON-PERSONALLY IDENTIFIABLE INFORMATION
When you visit or download information from this Web Site, our web servers may automatically collect web site usage information. Website usage information is non-personally identifying information that describes how our visitors use the Web Site. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting the Web Site, and IP addresses (see below for more information on IP addresses). We also may determine your screen resolution and the technology available in order to serve you the most appropriate version of a web page, e-mail or similar service.
USE OF IP ADDRESS
An internet protocol or IP address is a number that is assigned to your computer or network when you are on the internet. When you request pages from this Web Site, our servers may log your IP address. We may use IP addresses for a number of purposes, such as system administration, to generally determine your computer’s server location, to report aggregate information to our business partners or to audit use of the Web Site.
Our web pages may include advertisements for third parties and their products, and those third-party advertisements may include a cookie served by the third party. We do not have control over the cookies used by third parties and do not have access to whatever information they may collect.
DISCLOSURE OF COLLECTED INFORMATION AND THIRD PARTIES
Third parties providing services on our behalf: We may employ other companies and individuals to perform functions on our behalf. Examples include, without limitation, hosting and administering the Web Site, fulfilling orders, sending communications on our behalf, analyzing data, and administering promotions. These third parties may have access to the Web Site’s user information, including Personal Consumer Information, in order to perform these functions on our behalf. Please note that if you give out personal information online, on one of our public forums, for example, that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums and have no control over how such third parties may use your information. You disclose such information at your own risk.
You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. You agree to notify us immediately of any unauthorized use of your registration or password.
SURVEYS & CONTESTS
From time-to-time, we may provide you with the opportunity to participate in contests or surveys and, if you choose to participate, we may request that you provide certain personally identifiable information (such as name, shipping address, zip code, age level). Participation in these surveys or contests is completely voluntary, and you may choose whether or not to participate and therefore disclose this personally identifiable information. Your information will be used to notify the winners, award prizes, and monitor or improve our website.
Further, if we use a third party to conduct the surveys and contests, we will not share your personally identifiable information without your prior written notice and choice. The third party will also be prohibited from using your personally identifiable information for any other purpose. We may be liable for the appropriate transfer of personal data to third parties.
Legal Protection: We may transfer and disclose information about our users, including Personal Consumer Information, and may use IP addresses to identify users in cooperation with internet service providers or law enforcement agencies, to comply with a legal obligation, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing the Web Site and applicable laws, or to protect the legal rights, interests, or safety of the Web Site, our users or others.
Corporate change: We reserve the right to disclose and transfer user information, including Personal Consumer Information, in connection with a corporate merger, consolidation, restructuring, a sale of assets, or other fundamental corporate change.
LINKS TO OTHER SITES
Some of the advertisements that appear on the Web Site are delivered to you by national Internet advertising companies. These companies may utilize certain technologies to deliver advertisements and marketing messages and to collect anonymous information about your visit to the Web Site, including information about the banner ads they display, any cookie they place on your computer and your IP address. To opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, please visit their Web sites by clicking on their respective banners.
CHOICE/OPT-OUT OR CORRECTIONS/UPDATES
Users of the Web Site have the opportunity to opt-out of receiving communications from our partners and us. If you no longer wish to receive any future communications or need to change or modify information you have previously provided, you can send an email to email@example.com or contact us at our address provided below.
In addition, you can unsubscribe from receiving commercial e-mail from the Web Site by clicking the link contained within an e-mail sent to you. You should be aware that it is not always possible to completely remove or modify information in our databases. In addition, we may institute a policy in which user information is deleted after a certain amount of time, and therefore, your user information may no longer exist in our active database(s). In addition, even if you choose to unsubscribe or otherwise modify your user information, we reserve the right to contact you regarding your account and your use of the Web Site.
Your personally identifiable information is important, and we maintain safeguards to protect its disclosure. Amy Applebaum Inc uses industry standard Secure Socket Layer (SSL) encryption for your data that is transferred over the Internet, and we only share personally identifiable information to third parties who need the information to perform a specific responsibility. Despite its use of encryption, Amy Applebaum Inc cannot guarantee any method of transmission of information over the Internet is 100% secure. Should Amy Applebaum Inc. become aware of an actual breach of your personally identifiable information, we will notify you immediately.
Our website and/or services is not directed at children, and our services are designed for businesses. We do not knowingly collect information from or about children under 13 years of age, and use of our services by children under 13 years of age is forbidden.
Copyright 2009 Amy Applebaum, Inc. All rights reserved.
Amy Applebaum, Inc.; www.amyapplebaum.com; firstname.lastname@example.org
Terms of Service
PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY BEFORE USING WWW.AMYAPPLEBAUM.COM (THE “WEBSITE”), AS IT AFFECTS AND GOVERNS YOUR USE OF THIS WEB SITE AND YOUR LEGAL RIGHTS AND OBLIGATIONS. By accessing this Web Site or using any services provided in connection with the Web Site, you agree to be bound by the Terms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. You agree to comply with all rules, laws, and regulations that are applicable to your use of the Web Site, including, without limitation, those governing your transmission or use of any software or data.
TABLE OF CONTENTS
I. ACCEPTANCE OF TERMS II. OWNERSHIP AND LICENSE OF CONTENTS III. CHANGES TO SITE AND THE TERMS IV. USER REGISTRATION V. USER FORUMS VI. RESTRICTIONS ON USE VII. SUBMISSIONS POLICY VIII. DISCLAIMERS AND LIMITATIONS ON LIABILITY IX. NO PERSONAL ADVICE X. INDEMNIFICATION XI. THIRD PARTIES/NO ENDORSEMENT POLICY XII. LINKING TO THE WEBSITE XIII. LOCATION XIV. TERMINATION XV. ADDITIONAL TERMS XVI. CONTACT US XVII. EFFECTIVE DATE
ACCEPTANCE OF TERMS
Your use of the Web Site is subject to these TERMS, which may be updated by us from time to time without notice to you. It is important for you to refer to these TERMS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TERMS. Your use of the Web Site constitutes your acceptance of these TERMS.
OWNERSHIP AND LICENSE OF CONTENTS
The Web Site is owned and operated by Amy Applebaum, Inc. (“Company,” “us” or “we”).
CHANGES TO SITE AND THE TERMS The company may add, change, discontinue, remove or suspend any portion of the Web Site at any time, without notice. We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms and will post any new or revised terms on the Web Site.
To ensure Company provides a high-quality experience for you and other users of the Web Site, you agree Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Web Site. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Web Site immediately, with or without notice to you, and without liability to you, if Company believes you have violated any of the Terms, furnished Company with false or misleading information, or interfered with use of the Web Site by others.USER FORUMS Forums, message boards, chat rooms, online diaries, or other interactive areas on the Web Site (“User Forums”), if any, are provided to give users a forum to express their opinions and share their ideas and information. Company and Affiliates (defined below) do not endorse the content posted in User Forums. Company does not and cannot review every message posted by users in User Forums. Company reserves the right but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to a User Forum for any reason in Company’s sole discretion. Please note that, generally, the information you submit in a User Forum will be accessible by other users of the Web Site. Please be sure that any information you post on any publicly accessible User is information that you are comfortable sharing with others. RESTRICTIONS ON USE As used in the Terms, “Affiliates” means Company’s subsidiaries, licensors, divisions, affiliates, directors, officers, partners, agents, and assigns. You agree not to do any of the following while using the Web Site:
- Harass, stalk or otherwise abuse another user;
- Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortuous, defamatory, libelous, disparaging (including disparaging of Company or the Affiliates), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Company in its sole discretion);
- Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Web Site or interferes with or disrupts the Web Site or servers or networks connected to the Web Site.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Company, including forging any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
- Transmit or otherwise make available through the Web Site any unauthorized personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services;
- Violate any applicable local, state, federal or international law, rule or regulation or transmit material that encourages, promotes, solicits, or commits conduct that would constitute a criminal offense or give rise to civil liability;
- Use or attempt to use another’s information, account, password, service or system except as expressly permitted; or
- Solicit or collect personal data about other users, including telephone numbers, addresses, last names or email addresses.
Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Web Site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the Terms or any applicable laws.
DISCLAIMERS AND LIMITATIONS ON LIABILITY YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL CONTENT CONTAINED ON IT ARE DISTRIBUTED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. COMPANY AND THE AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, OR ADEQUACY OF ANY INFORMATION, FACTS, VIEWS, OPINIONS, STATEMENTS OR RECOMMENDATIONS CONTAINED ON THE WEB SITE OR IN THE CONTENT. THIS WEBSITE MAY BE UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF EQUIPMENT. YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW: NEITHER COMPANY NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. EXCEPT WHERE PROHIBITED: YOU AGREE THAT COMPANY AND THE AFFILIATES, AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THIS WEB SITE AND ITS CONTENT; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; OR (3) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”
NO PERSONAL ADVICE This Web Site and its Content is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. In addition to the “Disclaimer/Limitation on Liability” paragraph above, Company and the Affiliates make no representations or warranties and expressly disclaim any, and all liability concerning any treatment or action by any person following the information offered or provided within or through the Web Site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
INDEMNIFICATION By using this Web Site, you agree to indemnify, defend and hold harmless Company and the Affiliates from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms or any law, rule or regulation; (2) a claim that is based on your use of the Content; or (3) any content uploaded by you or through your computer to the Web Site or otherwise sent by you to Company. You will cooperate as fully and reasonably as required by Company or the Affiliates in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of Company.
THIRD PARTIES/NO ENDORSEMENT POLICYThis Web Site may provide links to third-party websites, and certain areas of the Web Site may allow you to conduct transactions or purchase goods or services from or through a third-party. Third-parties and third-party websites may have different privacy policies, terms and conditions and business practices than we do. Your dealings or communications through the Web Site with any party other than Company are solely between you and that third party. Company does not endorse, verify, warrant, make any representations, or take responsibility for the content, truthfulness, accuracy, legality, authenticity, quality or completeness of the content or activities conducted on any third party websites. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party. YOU AGREE THAT COMPANY AND THE AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the Web Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or the Affiliates. Users are requested to inform Company of any errors or inappropriate material found on websites to which this Web Site is or may be linked.
LINKING TO THE WEBSITE
If you link to this Web Site, the link must be in plain text, unless otherwise pre-approved in writing by Company. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Company names or any other Company intellectual property, it must not present false information about Company, its products or services, it must not use any Company trademarks, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Company. You may not “frame” this Web Site or alter its intellectual property or Content in any way. You may not link to the Web Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Company’s sole discretion). Company reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Web Site or these Terms.
LOCATION Company operates this Web Site in the United States. Information contained on this Web Site may not be appropriate or available for use in other locations, and access to this Web Site where the content of the Web Site may be illegal is prohibited. If you access this Web Site from other locations, you do so of your own initiative, and you are solely responsible for compliance with applicable laws. These Terms will be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. Any cause of action filed by you with respect to the Terms or your use of this Web Site must be filed in the County of Los Angeles, City of Los Angeles, the State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of Los Angeles, City of Los Angeles, the State of California for any cause of action arising under these Terms or related to the Web Site. TERMINATION
You understand and agree that Company will determine your compliance with these Terms in its sole discretion. Company reserves the right to deny access to all or part of the Web Site to any person in its sole discretion. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
The EFFECTIVE DATE of these Terms is December 1, 2006.
Last Update, January 1, 2018.