terms & CONDITIONS of use

The rights with respect to this website (the "Website") and the information, products, materials, software and services contained therein or otherwise provided thereby (the "Information") are owned by The Brooklyn Press, Inc. ("TBP"). 

By accessing the Website, you warrant and represent to TBP that you are legally entitled to do so and to make use of information made available via the Website. TBP hereby grants you a non-exclusive, revocable, non-assignable, non-transferrable, and non-sublicensable right to use the Website and the Information for your own personal and/or business purposes only.  Any other use is prohibited. TBP has the right to terminate your access to the Website and/or Information in case of abuses or otherwise at TBP's sole discretion.  TBP makes reasonable efforts to ensure that the Information is accurate, complete, and up-to-date. However, TBP does not guarantee that the Information is accurate, complete and/or current.

External links are provided for your convenience, but they are beyond the control of the TBP and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.  You are responsible for reading and agreeing (or disagreeing) with the Terms and Conditions or Privacy Policies associated with any external links. 

During use of the Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Website.  Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party.  TBP shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party. You recognize, however, that certain third party providers of ancillary software, hardware, or services may require your agreement to additional or different license or other terms prior to your use of or access to such hardware, software, or services.

You may link to the Website, provided you do so in a way that is fair and legal and does not damage TBP's (or its owners') reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on TBP or its owners' parts where none exists. You may not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

Use of the Website and the Information is at your own risk. TBP does not warrant the operability, accuracy, reliability, completeness, timeliness of the Website nor the uninterrupted, timely, secure or error-free operation of the Website. TBP does not guarantee that the Website, the servers or electronic communication are free of viruses or other harmful material.

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the Website are registered and/or unregistered trademarks of TBP. Nothing contained on this website should be construed as granting any license or right to use any trademark or other intellectual property belonging to TBP without the prior written permission of TBP.

TBP is not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your business entity) whatsoever, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, the Information, and/or your or your business entity’s personal information or material and information transmitted over our system. In particular (but not limited to the following), neither TBP nor any third party or data or content provider shall in any way whatsoever be liable for any delays, irrelevancies, inaccuracies, errors, or omissions, or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.  In addition, TBP is not liable for any personal injuries, losses, costs incurred or damages sustained (direct, indirect, or consequential) by you or any third party if the Website, the Information or electronic communication (i) is unusable or can only be used in part or with limitations, (ii) is delayed, does not arrive at its destination, intercepted, manipulated, infected with malicious code including viruses or other harmful material, (iii) does not arrive at its destination, (iv) causes loss of data, or (v) harms any computer or other electronic systems, without limitation. All exclusions of liability shall apply regardless of the legal basis for liability.

By accessing the misuse this Website, you agree to not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person and/or business entity; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any mobile devices and/or computer facilities of or accessed through the Website. Breaching this provision may constitute a criminal offense and TBP and/or www.thebrooklynpress.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

The provisions in these Terms & Conditions are made for the benefit of TBP, its owners/shareholders, persons having worked for, working for and going to work for TBP (such as partners, advisors, employees, trainees, temporary employees, interns, and freelancers and including third party suppliers and subcontractors).

If there is a conflict or contradiction between the provisions of these Terms & Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section, page or module of the Website shall prevail with respect of your use of the relevant section, page, or module of the Website.

You agree to indemnify, defend and hold harmless the Website, TBP, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use the Website, Information, or your breach of the Terms of Service.

Any provision of these Terms & Conditions which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

The legal relationships to which these Terms & Conditions apply shall be governed by and construed in accordance with the laws of the State of New York. Disputes shall be submitted to the competent state or federal court in New York. Notwithstanding the above, TBP shall have the right to institute proceedings in any competent court in your or your business entity's jurisdiction.  In addition, by accessing the Website, you agree to first attempt to resolve disputes via TBP's complaint procedure, which TBP will use to try to resolve your disputes with  TBP when and if they first arise. 

These Terms & Conditions shall not confer any rights or remedies upon any third-party except any respective successors, transferees, or assigns of TBP, and the rights may not be assigned or transferred by you.  

If any provision of this these Terms & Conditions shall be determined to be void, invalid, unenforceable or illegal for any reason, it shall be ineffective only to the extent of such prohibition, and the validity and enforceability of all the remaining provisions shall not be affected thereby.  

The failure of TBP to exercise any of its rights for a breach of these Terms & Conditions shall not be deemed to be a waiver of such rights, nor shall the same be deemed to be a waiver of any subsequent breach, either of the same provision or otherwise.  

TBP may amend these Terms & Conditions, the Website, and/or the Information at any time without prior notice and in its sole discretion.

This Agreement constitutes the entire understanding between you and TBP.  Any amendment must be made in writing, signed by both parties, and evidenced with the issuance of a formal Change Order. 


Copyright © 2015 The Brooklyn Press, Inc.