This agreement is in effect as of Jul 28, 2013. Last updated May 15, 2015.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any www.baronfig.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless BARON FIG, LLC. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
a. We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Portals. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Portals anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Portals related activities.
b. We may collect non-personal identification information about Users whenever they interact with our Portals. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Portals, such as the operating system and the Internet service providers utilized and other similar information.
d. BARON FIG may collect and use Users personal information for the following purposes:
i. To improve customer service.
ii. Information you provide helps us respond to your customer service requests and support needs more efficiently.
iii. To personalize user experience.
iv. We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Portals.
v. To improve our Portals.
vi. We may use feedback you provide to improve our products and services.
vii. To process payments.
viii. We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
ix. To run a promotion, contest, survey or other Portals feature.
x. To send Users information they agreed to receive about topics we think will be of interest to them.
xi. To send periodic emails.
xii. We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Portals.
e. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Portals. Sensitive and private data exchange between the Portals and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
f. We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Portals or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
h. By using this Portals, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Portals. Your continued use of the Portals following the posting of changes to this policy will be deemed your acceptance of those changes.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from BARON FIG, LLC. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. BARON FIG, LLC. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on www.baronfig.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of BARON FIG, LLC., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by BARON FIG, LLC.
By providing feedback—through www.baronfig.com, direct email, social media, or spoken conversation—you agree that we have full rights to all information or advice, whether expressed, implied, oral or written. By sharing original content related to or mentioning Baron Fig—through social media, direct email, or in-person—you agree that we have full rights to all content, in all forms, on the agreement that we give credit to the original creator.
a. We give you a personal, non-transferable, royalty-free, worldwide, non-exclusive, fully revocable and limited license to use your poem only on social media, together with the “Baron Fig” word mark. No other licenses or rights are granted to you by implication or otherwise. We may revoke your license to customize or use your poem at any time, for any reason or no reason.
b. You cannot: 1) Add images, icons, pictures, or any other element to your poem other than by using the customization options that are available within the Haiku Project. 2) Commercialize your poem (such as by creating, importing, selling or reselling merchandise containing your poem or the content). 3) Claim any rights over your poem, the Baron Fig logo, or any of the content (such as by registering for a trademark or filing for copyright protection). 4) Claim to be an agent or representative of Baron Fig, or otherwise misrepresent your association with us. 5) Use your poem in association with any materials that are false, misleading, offensive, defamatory, obscene, vulgar, pornographic, harassing, illegal, or that violate the rights of any third party (including without limitation the privacy rights, rights of publicity or intellectual property rights of a third party).
c. By using the Haiku Project, you agree that you will not attempt to copy, alter, modify or manipulate in any way (using any software, tools or technology now known or developed in the future) any poem (whether yours or anyone else’s) or any content other than as allowed by the Haiku Project site and in accordance with these terms. If you use the Haiku Project in a way that we think may be inappropriate, unlawful or illegal, or otherwise violate these terms, we may revoke your limited license to use the logo, and suspend your use of the Haiku Project.
d. Baron Fig owns and retains all ownership and other proprietary rights to its logo, the content, the poems created, any and all derivative works of its logo and content (which includes any poems you create), and all creative assets on the site, and may use its logo, the content, and all such derivative works and assets (including your poem) freely.
e. You cannot upload any materials (whether written, photographic or in any other format) that are false, misleading, offensive, defamatory, obscene, vulgar, pornographic, harassing, illegal, or that violate the rights of any third party (including without limitation the privacy rights, rights of publicity or intellectual property rights of a third party).
f. You agree that if you buy merchandise from Baron Fig that uses your poem, you will buy that merchandise only for your own use in connection with your Baron Fig activities and that you will not re-sell it or otherwise commercialize it in any way.
g. If your poem or other materials are flagged as inappropriate, we may remove them from the Haiku Project and/or Baron Fig site.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by BARON FIG, LLC. from our offices located in the state of NY, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of NY, by accessing our website, you agree that the statutes and laws of NY, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
If any provision in these terms is held to be invalid, void, or unenforceable, that provision will be stricken and the elimination of that provision will not affect the validity of and enforceability of the remaining provisions.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in United States, NY You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, BARON FIG, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
43-01 21st Street
LIC, Queens, NY 11101