The Web Site does not knowingly collect PII from children under thirteen (13) years of age: This is not a Web site directed to children under the age of 13, and Sponsor does not knowingly collect any information from children under 13 years of age at the Web Site. If you are under 13 years of age, do not send any information about yourself to Sponsor. If Sponsor discovers that a child under the age of 13 has provided the Web Site with PII, Sponsor will delete that child's PII from its system.
Anonymous Information: When you visit the Web Site, our web servers automatically collect Web site usage information. Web site usage information is anonymous information that describes how our visitors use and navigate our Web Site, and it includes the number and frequency of visitors to each web page and the length of their stays. We collect the anonymous information automatically sent to us by your web browser, such as browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Web Site, and IP address. We also may determine what technology is available through your browser in order to serve you the most appropriate version of a web page. For example, we may determine that you have installed a version of Flash, and we will then send you the appropriate Flash version of the web page rather than an HTML page.
IP Addresses: An IP address is a number that is assigned to your computer or network when you are on the Internet. When visitors request pages from our Web Site, our servers log the visitor's IP address. We may collect IP addresses for a variety of internal purposes, such as system administration, to report aggregate information to our business partners or to audit the number of visits to different pages on our Web Site. Please note that some services within our Web Site, such as certain message boards, may display IP addresses along with the message poster's name and message.
Third parties providing services on our behalf: Sponsor may employ other companies and individuals to perform functions on its behalf. Examples may include hosting the Web Site, sending communications on our behalf, hosting message boards or other user forums, analyzing data, providing marketing assistance, creating, hosting and/or running contests/sweepstakes/games and providing customer service. These third parties may have access to our users' PII in order to provide these services to us or on our behalf, but they are not permitted to use it for other purposes.
Other Third Parties: Sponsor may disclose anonymous, aggregated user statistics to third parties for a variety of purposes. For example, we may disclose how many individuals visited certain areas of our Web Site, or how many men or women receive our newsletter. Sponsor does not rent, sell or otherwise disclose your PII to third parties unless disclosed to you at the time such information is collected or unless you otherwise give consent, other than in the following limited circumstances:
Legal Action: Sponsor may disclose information about its users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Web Site and applicable laws, or to protect against misuse or unauthorized use of our Web Site. Sponsor may also disclose user information whenever we believe disclosure is necessary to limit our legal liability, to protect or defend our rights or property or protect the safety, rights or property of our users.
Corporate Change: Sponsor may sell, transfer or otherwise disclose user information, including PII, to a successor entity in connection with a corporate merger, consolidation, the sale of substantially all assets, or other fundamental corporate change respecting the Web Site.
Sponsor takes steps to secure the data you submit to us, including limiting the number of people who have physical access to our user data. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, Sponsor cannot ensure or warrant the security of any information you transmit to Sponsor and you do so at your own risk.
The Web Site is operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Web Site, participating in any of our services and/or providing us with your information, you consent to this transfer.
This site (the "Site") is operated by BY Experience. It is intended for your information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service ("Terms of Service") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service. Please note that this Site and the services offered are only open to users 13 years of age or older. If you do not agree with all of the following Terms of Service, please do not use this Site.
BY Experience reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Service.
The Site contains material that is derived in whole or in part from material supplied by BY Experience and other sources, and is protected by U.S. and international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled. Modification of the Materials or use of the Materials for any other purpose is a violation of BY Experience's or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without BY Experience's express written consent is prohibited.
BY Experience does not accept or consider creative ideas, suggestions or materials other than those BY Experience has specifically requested. This is to avoid the possibility of future misunderstandings when projects developed by BY Experience's staff might seem to others to be similar to their own creative ideas, suggestions or materials.
If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of BY Experience. None of the Information shall be subject to any obligation of confidence on the part of BY Experience and BY Experience shall not be liable for any use or disclosure of any Information. BY Experience shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Materials contained in this Site or in links from this Site are dated as of the date originally issued or indicated on the Material and may no longer be accurate. BY Experience assumes no obligation to update such Materials.
Materials contained in (or directly accessible from) this Site may contain information that is, or may be deemed to be, forward-looking statements within the meaning of section 27A of the Securities Act of 1933, as amended, and section 21E of the Securities Exchange Act of 1934, as amended. These forward-looking statements are not based on historical facts, but rather reflect BY Experience's current expectation concerning future results and events. These forward-looking statements generally can be identified by the use of statements that include phrases such as "believe," "expect," "anticipate," "intend," "plan," "foresee," "likely," "will," or other similar words or phrases. Similarly, statements that describe our objectives, plans or goals are or may be forward-looking statements. These forward-looking statements involve known and unknown risks, uncertainties and other factors that are difficult to predict and which may cause the actual results, performance or achievements of BY Experience to be different from any future results, performance and achievements expressed or implied by these statements. The following important factors, among others, could affect future results, causing these results to differ materially from those expressed in our forward-looking statements: advertising market conditions generally; changes in the public acceptance of BY Experience's programming; changes in technology and its effect on competition in BY Experience's markets; changes in the Federal Communications laws and regulations; the impact of piracy on BY Experience's products; the impact of consolidation in the market for BY Experience's programming; other domestic and global economic, business, competitive and/or regulatory factors affecting BY Experience's businesses generally; and other factors described in BY Experience's news releases and filings with the Securities and Exchange Commission including but not limited to BY Experience's most recent Forms 10-K, 10-Q and 8-K. The forward-looking statements included in this Site or in links from this Site are dated as of the date originally issued or indicated on the material and may no longer be accurate and, under section 27A of the Securities Act, as amended and section 21E of the Exchange Act, as amended, BY Experience does not have any obligation to publicly update any forward-looking statements to reflect subsequent events or circumstances.
The appearance of external hyperlinks does not constitute endorsement by BY Experience, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and BY Experience does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, BY Experience is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither BY Experience nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall BY Experience assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, BY Experience will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
BY Experience may terminate the Site or any services included on or through the Site at any time with or without cause or notice. BY Experience shall not be liable any party for such termination.
If you object to any of the Terms of Service contained herein, you may discontinue use of the Site or services. You may cancel subscriptions to any BY Experience newsletters by following the directions provided in each newsletter to which you have subscribed.
You agree to indemnify, defend and hold harmless, BY Experience, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you. BY Experience reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with BY Experience in asserting any available defenses.
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site.
To the fullest extent permissible pursuant to applicable law, neither BY Experience nor any other party involved in creating, producing or delivering to the site is liable for any direct, incidental consequential, indirect or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement.
You specifically acknowledge and agree that BY Experience is not liable for any defamatory, offensive or illegal conduct of any user.
BY Experience also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any Materials from the Site.
BY Experience does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
If you believe that material posted on the Site infringes your copyrights, you should follow the following procedures, which are set forth in the Digital Millennium Copyright Act (DCMA).
Notice of the claimed infringement must be submitted to BY Experience via email to email@example.com.
To be effective, the notification must be in writing and include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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 site.
3. 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.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA.
BY Experience operates and controls this site from its offices at 111 Prospect Park West, Brooklyn, NY 11215. USA
BY Experience makes no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported to re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Service are found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.