Use of the Site
All content contained on or accessed from the Site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by SB or our licensors and is protected by copyright, trademark and other intellectual property and unfair competition laws.
You may print or download Content from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices. This is the grant of a limited, non-sublicensable license, not a transfer of title, and under this license you may not use the Site or any Content for any commercial purpose or for any public display (commercial or non-commercial).
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content obtained from the Site in any medium to anyone without our prior written permission, except as otherwise expressly permitted under these Terms.
You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (a) continuously and automatically search, scrape, extract, deep link or index any Content; (b) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (c) cause disruption to the working of the Site or any other person’s use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any of our servers, or any of the Services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.
You may not use the Site to publish or distribute any information (including software or other content) which (a) is illegal, (b) violates or infringes upon the rights of any other person, (c) is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, (d) contains errors, viruses or other harmful components or (e) is otherwise actionable at law. We may at any time exercise editorial control over the Content of the Site.
You may not, without our prior written approval, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
We may discontinue, or change from time to time, the Site or any portions of the Site without prior notice. We also may discontinue or change the Services described and/or displayed through the Site from time to time without prior notice.
Rates listed on site are subject to change at any time. Small, local brands are eligible for rates listed on website. Large, national or global brands rates are higher and decided on a case-per-case
Users and Accounts
In order to participate in certain areas of our Site and Services, you will need to register for an account. In creating an account, you agree to:
create only one account;
provide accurate, truthful, current and complete information;
keep your information updated and accurate;
protect your password and access to your account;
notify us if you discover or otherwise suspect that the security of your account has been compromised or breached; and
take responsibility for all activities that occur under any account registered to you and accept all risks of unauthorized use of the account.
You may be able to access your account through third party authorization methods (for example, a social media account). Your account, username and password are for your personal use only. You may have the ability to choose to have your credit card and/or other payment methods associated with your account. Neither SB nor any of our suppliers is responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your account.
We reserve the right, without notice and in our sole discretion, to suspend and/or terminate your license to use the Site and/or your account for any reason and to block or prevent your future access to, and use of, the Site if we determine, in our sole discretion, that you have more than one account or that the use of the Site or your account violates these Terms. We also may, in our sole discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel or combine accounts that appear to be duplicative. We also reserve the right to seek all other remedies available at law and in equity. Upon any such termination, we may remove and discard any of your Submissions and you must destroy any downloaded Content in your possession, whether in electronic or printed format. We will not be liable to you or any third-party for any suspension or termination of your access to the Site.
We do not control, endorse or adopt any websites and content of third parties (collectively, “Third Party Websites”). Third Party Websites, including the content, advertisements or promotions of any third party, and the inclusion of any link or reference to Third Party Websites does not imply our endorsement, affiliation or adoption of the Third Party Websites. We make no guarantee as to the accuracy or completeness of the Third Party Websites and we are not responsible for updating or correcting false or misleading information on Third Party Websites. When you visit Third Party Websites, or participate in promotions or business dealings with third parties, these Terms and any other policies applicable to the Site no longer apply, and the terms and policies of the Third Party Websites govern. It is your responsibility to determine when you are accessing Third Party Websites and you acknowledge and agree that SB is not responsible or liable in any manner for Third Party Websites. Use of any Third Party Website is at your own risk.
All remarks, suggestions, ideas, graphics, photos, videos or other information communicated to us through the Site (each, a “Submission”), including without limitation all intellectual property rights and other rights in and to a Submission, will forever be the property of SB. We will not be required to treat any Submission as confidential, and will not be liable for any ideas for our business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future operations. Each Submission will be deemed a grant of a royalty free, non-exclusive right, license and consent to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such Submission worldwide in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised, in each case without acknowledgement or compensation to you.
With respect to each Submission, you hereby represent and warrant that (i) the Submission does not infringe on any copyright or trademark, any rights of privacy or publicity of any person, or any other right of any third party, (ii) you have the right to transfer the Submission to SB free and clear of any claims or encumbrances, and (iii) all so-called “moral rights” have been waived in connection with each Submission. You acknowledge and agree that we have no obligation to post, display, or otherwise make publicly available any Submission.
If any Submissions include photos or videos of you, you hereby grant us permission to use your likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, for promotional, media and marketing purposes without acknowledgement or compensation to you.
By participating in a SB activity, you hereby (i) agree that SB or its agents may take and/or record photographs, movies, video and/or audio and (ii) grant us permission to use your likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, movies, video recordings, audiotapes, digital images, and the like, for promotional, media and marketing purposes without acknowledgement or compensation to you.
The Site is protected to the maximum extent permitted by United States and foreign copyright, trademark and other laws. Trademarks, names and logos on the Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of SB. All rights not expressly granted herein are reserved. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without our express written consent. You agree to abide by any and all copyright notices displayed on the Site.
Disclaimer of Warranties.
YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, SB DISCLAIMS ANY WARRANTIES, AND MAKES NO REPRESENTATIONS OR GUARANTEES (A) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE, (B) REGARDING SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE OR (C) AGAINST VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR GUARANTEES REGARDING (1) THE CONTENT OF THE SITE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS OR TYPOGRAPHICAL ERRORS OR (2) THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY SUBMISSIONS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. ANY RELIANCE ON SUBMISSIONS, WILL BE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
Limitations of Liability.
UNDER NO CIRCUMSTANCES SHALL SB BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
SB’S MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND ANY MATERIALS OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO SB WITHIN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM FIRST AROSE.
You agree to indemnify and hold SB, its officers, directors, employees, agents, service providers and suppliers, and successors and assigns, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Site, your violation of these Terms, your Submissions, your breach of any of the representations and warranties herein, or your violation of any rights of another. We will use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Digital Millennium Copyright Act (“DMCA”) Notice
If you believe that any material available on the Site infringes a copyright you own or control, you may send us a notification of such infringement at the address set forth in the “Contact Us” section below, Attention: Sharon Brigham (the “Designated Agent”).
Please refer to 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Please note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against material posted by you on the Site, you may make a counter-notification with our Designated Agent identified above. Please refer to 17 U.S.C. § 512(g)(3). If we receive a valid counter-notification, it may reinstate the disabled or removed material in accordance with the DMCA. We may terminate, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers and may limit access to the Site and/or terminate the accounts of any user who may infringe the intellectual property rights of others, whether or not there is any repeat infringement.
Revisions and Errors
The Content appearing on the Site could include technical, typographical, or photographic errors. We do not warrant that any of the Content on the Site is accurate, complete or current. We may make changes to the Content at any time without notice, however, we do not make any commitment to update the Content.
Governing Law and Jurisdiction
Access to and use of the Site and these Terms are governed by U. S. federal law and/or the laws of the Commonwealth of Massachusetts, without resort to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any legal action or proceeding relating to your access to or use of the Site or these Terms shall be instituted only in a state or federal court located in Middlesex County, Massachusetts. You and SB agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not impact the validity and enforceability of the remaining provisions. Only a specific, written waiver of any of the provisions of these Terms, signed by an authorized representative of SB, shall have any legal effect. You may not transfer any of your rights or obligations under these Terms, in any way. All of our rights and obligations under these Terms are freely assignable for any reason, including without limitation, in connection with a merger, acquisition, sale of assets, by operation of law or otherwise. Headings contained in these Terms are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction or scope of any of the provisions contained in these Terms. The failure of SB to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site.
110 East 25th Street
NYC, NY 10010