Last Updated: [August 1, 2020].
All use of the website BethKobliner.com (Beth Kobliner, Kobliner Communications, LLC, BethKobliner.com and any of their respective principals, officers, shareholders, employees or agents are herein collectively referred to as “BethKobliner.com”, “Website”, “we”, “us”, or “our”) is subject to the terms and conditions set forth below. By accessing and using any portion of this Website or any service on this site, you agree and accept the terms and conditions described below. These terms and conditions represent a binding contract between you and us. These terms and conditions are in addition to any other agreements between you and BethKobliner.com. If you do not agree with any of these terms and conditions, please do not use this Website.
BethKobliner.com reserves the right to change, modify, add or remove portions of these terms at any time for any reason. Such changes shall be effective immediately upon posting. You acknowledge by accessing our Website after we have posted changes to this Agreement that you are agreeing to these terms and conditions as modified.
TRADEMARKS, COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
The content contained on this Website is owned or licensed by BethKobliner.com and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Content on this Website is provided for your personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of BethKobliner.com. In addition, you may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos featured on this Website. BethKobliner.com hereby expressly reserves all rights not expressly granted in and to the Website and its content.
You may not input, distribute, upload, post, e-mail, transmit or otherwise make available any content through BethKobliner.com that is protected by copyright, trademark and/or other intellectual property rights owned by a third party without the express permission of such third party. You are responsible for determining whether any such third-party content is protected by intellectual property rights, and for obtaining the appropriate permission from such third party. You shall be solely liable for any and all liability for any type of damages including, but not limited to, indirect, incidental, consequential or special damages, or losses or expenses, resulting from any infringement of any intellectual property rights, or any other harm resulting from, your input, distribution, uploading, posting, e-mailing, transmission or otherwise making available any content through BethKobliner.com.
By submitting content to any publicly accessible area of BethKobliner.com, you automatically grant, or warrant that the owner of such content has expressly granted to BethKobliner.com the non-exclusive, worldwide, royalty-free, irrevocable, perpetual right and license to use, reproduce, copy, perform, display, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any intellectual property rights that may exist in such material. You also permit any other users of BethKobliner.com to access, view, store or reproduce the material for that user’s personal use.
- use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website, or any other BethKobliner.com information without prior express written consent of BethKobliner.com;
- obtain or attempt to obtain through any means, any materials or information on BethKobliner.com that has not been intentionally made publicly available either by public display on the Website or through accessibility by a visible link on the Website;
- violate any measure employed to limit or prevent access to the Website or its content;
- violate the security of the Website or attempt to gain unauthorized access to BethKobliner.com, data, materials, information, computer systems or networks connected to any server associated with BethKobliner.com, through hacking, password mining or any other means;
- impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
- interfere with, attempt to interfere with or otherwise disrupt the proper working of the Website, any activities conducted on or through the Website or any servers or networks connected to BethKobliner.com, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website;
- take or attempt to take any action that, in the sole discretion of BethKobliner.com, imposes or may impose an unreasonable or disproportionately large load or burden on BethKobliner.com or the infrastructure of the Website;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content you enter into the Website; or
You may not input, distribute, upload, post, e-mail, transmit or otherwise make available any content through the Website that:
- is promotional in nature, including solicitations for funds or business, or constitutes junk mail, spam, chain letters, pyramid schemes or the like, without the prior written authorization of BethKobliner.com;
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
- is harmful to minors; or
- constitutes personally identifiable information of any other person that such person has not authorized you to disclose.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you are a copyright owner or an agent thereof and believe that any content on this Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a 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 Website;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
BethKobliner.com’s designated Copyright Agent to receive notifications of claimed infringement is: Jessica Ashbrook, e-mail: firstname.lastname@example.org, fax: 646-304-4689. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
If you believe that content you submitted to the Website that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, BethKobliner.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at BethKobliner.com’s sole discretion.
BethKobliner.com shall have the right, but not the obligation, to monitor the content of this Website, including chat rooms and forums, to determine compliance with these terms and conditions and any operating rules or guidelines established by BethKobliner.com, and to satisfy any law, regulation or authorized government request. BethKobliner.com shall have the right, but not the obligation, to edit, refuse to post or remove any material submitted to or posted on this Website. Without limiting the foregoing, BethKobliner.com shall have the right to remove any material that BethKobliner.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to indemnify BethKobliner.com from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, which BethKobliner.com may incur as a result of either: (i) your breach of these terms and conditions; or (ii) content that you input, distribute, upload, post, e-mail, transmit or otherwise make available through BethKobliner.com. BethKobliner.com reserves the right, in its sole discretion, to assume the exclusive defense and control of any such matter for which you have agreed to indemnify BethKobliner.com, in which event you shall have no further obligation to indemnify with respect to that particular matter.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
The information and materials provided on this Website are general in nature and are not to be considered the rendering of legal, tax, accounting, financial, investment, insurance or other professional advice. If you require such advice or services, you should consult a qualified advisor. Individual considerations must be taken into account, and before making any specific decisions, you should consult a qualified professional. Decisions based on information contained on this Website are your sole responsibility. While we welcome your active participation in the Website, please note that BethKobliner.com may not respond to all questions or requests for advice, and does not commit to responding within any particular period of time.
Some of our pages provide links to other Websites. These Websites are operated by independent third-party entities, and BethKobliner.com is not responsible for the products or services offered or the information contained on these Websites. The inclusion of any such links on our pages shall not constitute an endorsement of, or representation or warranty by, BethKobliner.com regarding such Websites, the content of such Websites, the products or services of such Websites, or the operators of such Websites.
BETHKOBLINER.COM HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY WEBSITE TO WHICH OUR WEBSITE LINKS. YOUR USE OF THE SERVICES AND INFORMATION AND CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR OWN RISK AND, BY ACCESSING THIS SITE, YOU AGREE TO ASSUME THE ENTIRE RISK AS TO THE PERFORMANCE AND QUALITY OF THE SERVICES AND THE ACCURACY, INTEGRITY, QUALITY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION AND CONTENT AVAILABLE ON THE WEBSITE.
THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD- PARTY RIGHTS AND FREEDOM FROM COMPUTER VIRUS. BETHKOBLINER.COM DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THIS WEBSITE AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ERRORS OR OMISSIONS IN SUCH INFORMATION AND MATERIALS. BETHKOBLINER.COM DOES NOT WARRANT THE UNINTERRUPTED AVAILABILITY OF THIS WEBSITE OR THE INFORMATION OR MATERIALS PROVIDED ON THIS WEBSITE.
TO THE EXTENT PERMITTED BY LAW, BETHKOBLINER.COM HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY TYPE OF DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR LOSSES OR EXPENSES, IN EACH CASE ARISING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE, ANY INFORMATION OR MATERIALS PROVIDED ON THIS SITE OR ANY LINKED SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR COMMUNICATION LINE OR SYSTEM FAILURE.
YOU WILL BE SOLELY RESPONSIBLE FOR, AND WE DISCLAIM ALL LIABILITY FROM OR RELATING TO: (I) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO THE SERVICES OR USE OR DOWNLOAD OF ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES AVAILABLE ON THE SERVICES, (II) DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, AND (III) SERVICE OUTAGES, FAILURE OF OUR SERVICE PROVIDERS, VIRUSES, MALWARE, NATURAL DISASTERS, DESTRUCTION OR DAMAGE OF OUR FACILITIES, ACTS OF NATURE, WAR, CIVIL DISTURBANCE OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
TERM AND TERMINATION
BethKobliner.com shall have the right to immediately terminate your access to the Website in the event of any breach by you of these terms and conditions. BethKobliner.com may discontinue or change this Website, or its availability to you, at any time and for any reason.
The failure of BethKobliner.com to insist upon strict compliance with these terms and conditions shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. You may not assign your rights or obligations under these terms and conditions to anyone. If any provision in these terms and conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These terms and conditions shall be governed by the laws of the United States of America and the laws of the State of New York applicable to agreements made and to be performed entirely within such state, without regard to the conflict of law principles of such state. You hereby submit freely to the exclusive jurisdiction of the state and federal courts located in the Southern District of the State of New York and hereby irrevocably waive all defenses of lack of personal jurisdiction and forum non-conveniens.