Acceptance of Terms.
Description of services.
Through its Site, Brooklyn Cacao provides you with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Site properties, are subject to the Agreement.
Submission of Information and Materials on the Site.
Brooklyn Cacao does not want you to submit confidential or proprietary information on this Site. Any information or materials you provide will deemed not to be confidential. By sending information or materials to Brooklyn Cacao you grant Brooklyn Cacao an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, or distribute those materials or information. You also agree that Brooklyn Cacao is free to use any ideas, concepts, know-how or techniques that you send to Brooklyn Cacao. Any information disclosed in chat rooms, forums, message boards, and news groups becomes public information. We will collect such information as you choose to disclose. Any postings to chat rooms, forums, message boards, contests, or similar information you submit, as well as any other creative idea you provide, shall be deemed, and shall remain, the property of Brooklyn Cacao. Brooklyn Cacao shall use such information without restriction as it sees fit throughout the world.
Accuracy of Information.
Information provided on this Site, including information concerning any products or their use, is deemed reliable, but is not guaranteed to be accurate. All listings and information are subject to change without prior notice.
Communication Services: Chat Rooms/Message Boards/Bulletin Boards/Blogs/News Groups.
This Site may provide you with access to a wide variety of discussion forums, bulletin boards, chat area, news groups, blogs, or other message or communication facilities (collectively, "Services"). All messages, comments, opinions, videos, photographs, creative works or other material posted on the Site (collectively, "Postings") are the sole responsibility of the person who created the Posting, or the person hosting those Services. Postings do not reflect the views of Brooklyn Cacao and Brooklyn Cacao has no obligation to monitor, edit, or review any Postings on the Site. However, Brooklyn Cacao reserves the right and will take such action as it deems appropriate or necessary to comply with any applicable law or regulation or this Agreement, including but not limited to editing, refusing to post, or removing any Posting or other material, in while or in part, for any reason, in our sole discretion.
BROOKLYN CACAO ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF ANY SUCH POSTINGS INCLUDING BUT NOT LIMITED TO POSTINGS THAT CONTAIN ERRORS, INACCURACIES, OFFENSIVE OR HARMFUL STATEMENTS, DEFAMATORY OR LIBELOUS CONTENT, OMISSIONS, FALSEHOODS, OBSCENITY, OR PORNOGRAPHY.
Brooklyn Cacao does not endorse or support any opinions expressed by users of the Services, nor does it represent or guarantee the truthfulness of accuracy of any information posted throught the Services. BROOKLYN CACAO DISCLAIMS ALL LIABILITY WITH REGARD TO POSTINGS OR OTHER COMMUNICATIONS NOT CREATED BY BROOKLYN CACAO.
Services Community Rules.
You are responsible for your own Postings and other communications, including any consequences that may result from the communication. You may only use the Services for Postings that are legal, proper, and related to the particular Services. In addition, you must abide by the following Services community rules. While using this Site, you are strictly prohibited from:
- Use the communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Impersonating another person or entity, or posting, publishing, uploading, or in any way distributing, transmitting, or disseminating (collectively, "Disseminating") any messages anonymously or under a false name.
- Defaming, harassing, threatening, stalking, abusing, or otherwise violating the legal rights (such as the rights of privacy and publicity) of others.
- Disseminating any obscene, pornographic, profane, or otherwise objectionable information, or unlawful information.
- Disseminating any material that infringes on any patent, copyright, trademark, or trade secrets ("Intellectual Property") unless you are, or have the permission of the owner of the Intellectual Property to post or transmit such material.
- Disseminating any corrupted files, files that contain viruses or other destructive features, or any other software or programs that may corrupt, modify, or damage another party's computer.
- Engaging in any commercial activities, including advertising or offering to sell any goods or services, unless in a Community intended for commercial activity.
- Disseminating chain letters, pyramid schemes, surveys, contests, charity requests, or petitions for signatures.
- Disseminating Spam* (see definition below) or otherwise interfering with restricting, or inhibiting other users of this Site
*Brooklyn Cacao defines "Spam" as the sending of a message, individually or en masse, to anyone not requesting it, or would not otherwise choose to receive it, regardless of whether sent by a business, individual, or nonprofit organization.
- Disseminating any other communications or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law
Brooklyn Cacao will fully cooperate with law enforcement authorities and legal process requesting Brooklyn Cacao to disclose the identity of anyone who has violated one or more of these Services community rules.
Termination of Account.
Brooklyn Cacao may, in its sole discretion, terminate your account(s) if it believes you have violated any of the Services Community Rules, the Copyright Infringement Policy set forth below, or any other provision in this Agreement.
No Obligation to Monitor.
Brooklyn Cacao has no obligation to monitor or control the Services, except to respond to customer service inquiries. However, Brooklyn Cacao reserves the right to take such action as it deems appropriate or necessary to comply with any applicable law or regulation, or this Agreement, including but not limited to editing, refusing to post, or removing any Posting or other material, in whole or in part, for any reason, in our sole discretion.
Links to Partners and Third-party Vendors.
- Access. The Site may contain links to third-party Internet sites. These links will let you leave Brooklyn Cacao's Site. The linked sites are not under the control of Brooklyn Cacao. The Site allows interactive transactions and access to the sites of Brooklyn Cacao's partners and other third-party vendors (collectively "Vendors") from which you may purchase certain goods and services. Brooklyn Cacao does not control the products or services offered by the Vendors, nor does it control the content of their sites. Unless otherwise states, Vendors are responsible for all aspects of order processing, fulfillment, billing, and customer service. Brooklyn Cacao is not a party to any transactions between you and the Vendors. Brooklyn Cacao cannot and does not make any representations or warranties as to the security of any information, including, without limitation, credit card and other personal information you might transmit to a Vendor. You are strongly encouraged to investigate and make whatever inquiries you feel are necessary or appropriate before proceeding with any online or offline transaction with a Vendor. If you decide to access any of the third-party sites links to the Site, you do so entirely at your own risk.
- Polices and Operating Procedures. All rules, policies (including privacy policies), and operating procedures of Vendors will apply to you while you are on the Vendors' sites. Brooklyn Cacao is not responsible for the information you provide to the Vendors. Vendors and Brooklyn Cacao are independent contractors and neither party has any authority to make any representations or communications on behalf of the other.
- Right to Terminate Any Link. Brooklyn Cacao reserves the right to terminate any link or linking program at any time. Brooklyn Cacao does not endorse companies or products to which it links.
The material you are downloading is copyrighted by Brooklyn Cacao, Inc. and its licensors. All rights reserved. This work may not be copied, modified, re-published, uploaded, executed, or distributed in any way, in any medium, whether in whole or in part except pursuant to express license terms agreed upon by Brooklyn Cacao and you.
Copyright Infringement Policy.
Brooklyn Cacao may, in appropriate circumstances, terminate your license to use the Site and/or your account(s) if it determines in its sole and absolute discretion that you are involved in infringing activity, including acts or first-time or repeat infringement, regardless of whether the material is ultimately determined to be infringing. Brooklyn Cacao accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. If you believe that your work has been sued or is accessible on the Site in a way that constitutes copyright infringement, please submit a written notice to our Offices at 218 Conover Street, Brooklyn, NY 11231, or email copyright AT brooklyncacao DOT com. The notice MUST contain the following information:
A description of the copyrighted work that you claim has been infringed, including the exact location and where the copyrighted work exists or a copy of the copyrighted work.
A description of the location on the Site of the material that you claim is infringing, reasonably sufficient to permit Brooklyn Cacao to locate the material.
Your name, address, telephone number, and email address.
A statement that you have a good-faith belief that the disputed use is not authorized by you (if you are the copyright owner), or is not authorized by the copyright owner, its agent, or the law.
A statement from you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner, or you are authorized to act on the copyright owner's behalf.
Your electronic or physical signature.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered trademarks of Brooklyn Cacao and its affiliates, and other third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Brooklyn Cacao or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Brooklyn Cacao will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.
Member Account, Password, and Security.
If any of the services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Brooklyn Cacao immediately of any unauthorized use of your account or any other breach of security. Brooklyn Cacao will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Brooklyn Cacao or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Privacy and protection of personal information.
Your use of the Site is at your own risk. while Brooklyn Cacao strives to include accurate and up-to-date information on the Site, Brooklyn Cacao makes no warranties or representations as to its accuracy, nor as to its decency, copyright compliance, or legality. Brooklyn Cacao and its affiliates, as well as any other party involved in creating, producing, or delivering the Site, specifically disclaim any liability or responsibility for any errors or omissions in the content of the Site, or any of the forms, documents, or agreements contained on the Site. In particular, but without limiting the foregoing, Brooklyn Cacao, its affiliates, and any other party involved in creating, producing, or delivering the Site are NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE. Without limiting the foregoing, everything on the Site, including, but not limited to the materials and services, is provided to you "AS-IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, OR FREEDOM FROM COMPUTER VIRUS. BROOKLYN CACAO DOES NOT WARRANT THAT THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
No Substitute for Professional Advice.
The forms, agreements, and documents within the Site, or available through the Site, may not be appropriate under the circumstances of a particular transaction. Please consult local laws and regulations, as requirements will vary from state to state. You assume any and all responsibilities and obligations with respect to any decisions made or advice given as a result of the use or selection of any information, program, or document obtained from the Site.
You agree to indemnify Brooklyn Cacao and its affiliates, directors, officers, employees, vendors, and agents from, and against all liabilities, expenses (including court costs and attorneys' fees), losses, and other damages that are caused by, arise out of, or relate to, your use of the Site. This includes, but is not limited to, any claim of libel, defamation, obscenity, negligence, violation of rights of privacy or publicity, loss of service by other users of the Site, property damage, and infringement of intellectual property or other rights. Brooklyn Cacao will notify you promptly of any claim for which it seeks indemnification. You will be afforded the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in any manner prejudicial to Brooklyn Cacao interests, as reasonably determined by Brooklyn Cacao.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the materials to countries or persons prohibited under the export control laws. By downloading any materials, you represent that you are not in a country where such export is prohibited and that you are not on the US Commerce Department's Table of Denial Orders or the US Treasure Department's list of specially-designated Nationals. Any goods, technology or services of Brooklyn Cacao provided to you through this site are provided in accordance with U.S. Export Regulations, diversion contrary to U.S. law is prohibited.
No Unlawful or Prohibited Use.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.