Effective Date: June 21, 2016.
What information does B&E collect?
B&E collects two types of information about visitors to the Sites: 1) personal information that you have voluntarily submitted to B&E (collected when you register as a member or sign up for email alerts, including information such as name, address, telephone number, e-mail address, and credit-card information); and 2) aggregate information (such as information about how many visitors log on to the Sites and the pages they access). Age information may be required and collected by way of birthdate, age-verification checkboxes or inference from credit-card usage to ensure that registrants to the Sites are 13 years or older in order to maintain compliance with the Children’s Online Privacy Protection Act (“COPPA”).
You can visit the Sites without telling B&E who you are or revealing personal information about yourself, but please note that you may be unable to participate in certain discussions or receive additional information.
What are cookies, and how does B&E use them?
How does B&E use the information it collects?
B&E will not trade, sell or share your personal information for use by any business, without your consent, unless required by law or as disclosed to you when the information is collected.
Your personal information will generally be stored in B&E’s databases located mainly in the United States. For easier processing of e-mail campaigns or other marketing purposes, however, your personal information may be sent, usually on a temporary basis, to a mailing house. Nonetheless, B&E’s policy is to ensure that your information is always granted the same level of protection.
B&E uses your information to improve the content on the Sites and to enhance your experience on the Sites. Further, to enable B&E to protect its community of members and visitors and respond to user needs and complaints, you consent to B&E’s access to your account and records on a case-by-case basis to investigate complaints or other allegations or abuse.
The information B&E collects from you also may be disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing the Sites and applicable laws or to protect against misuse or unauthorized use of the Sites, and to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting the Sites.
Public forums and interactive communications
If you use a public forum or interactive communications on the Sites and disclose personally identifiable information, you should be aware that such information could be read, collected or used by other users. B&E is not responsible for the personally identifiable information you choose to submit through public forums or interactive communications.
Use of minor information
The Sites are not intended or designed to attract children under the age of 13. B&E does not collect personally identifiable information from any person it actually knows is a child under the age of 13. Although B&E cannot guarantee the confidentiality, security and integrity of information maintained on the Sites given the nature of the Internet, it has established recommended best practices to endeavor to protect photographs and information on minors on the Sites. These recommended best practices are available by request to firstname.lastname@example.org.
Email from B&E and how to opt out
If you are a registered user of the Sites, you may choose whether you wish to receive e-mail from B&E. If you do not give permission for B&E to send e-mail to you, B&E will not send unsolicited e-mail. In this case, B&E will communicate with you only for the purpose of maintaining or upgrading your registration with B&E.
Linked Web sites
How to request information maintained about you
Upon request, B&E will provide you with access to all information (including proprietary information) that it maintains about you. You can access this information by request to email@example.com.
B&E cannot guarantee the security of the Sites
B&E takes seriously its obligation to safeguard the confidentiality, security and integrity of personal information collected from its users, and it has established and will maintain procedures that are designed for that purpose. You should be aware, however, that no system is completely secure from hackers, network failure and error, and B&E cannot guarantee the confidentiality, security and integrity of information maintained on the Sites.
BENNY & EZRA
Effective Date: June 21, 2016.
- Authorized Users. If you are under the age of 13, you may not use the Sites. The Sites are not intended or designed to attract children under the age of 13. B&E does not collect personally identifiable information from any person B&E actually knows is a child under the age of 13.
- You may have the option to create an account and establish a “user profile” to participate in certain features of the Sites. If you are under the age of 13, you are not permitted to register as a user or otherwise submit personal information to B&E. Users must affirm that they are at least 13 years old to create an account. If you create an account, you are responsible for maintaining your profile and utilizing the settings available to protect the confidentiality of your profile user name, password and all other personal information. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify B&E with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Sites.
- User Content. B&E is not responsible or liable for any User Content on the Sites. User Content does not necessarily express the views of B&E. B&E does not guarantee that it will edit or delete User Content. B&E has the right, but not the obligation, to monitor User Content. B&E reserves the right to reveal your identity (or whatever information B&E knows about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, B&E does not claim ownership of the User Content on the Sites. You acknowledge that B&E is not responsible for the accuracy of any User Content and that you and not B&E are solely responsible for any User Content you post or upload to the Sites. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on the Sites. Under no circumstances will B&E be liable for any loss or damage caused by your reliance on any content on the Sites. By posting or uploading User Content to the Sites, you are granting B&E a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the User Content in connection with the Sites. B&E may discontinue operation of the Sites, or your use of the Sites, in either case in whole or in part, in its sole discretion. You have no right to maintain or access your User Content on the Sites, and B&E has no obligation to return your User Content or otherwise make it available to you. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant B&E the rights set forth above without obligations or liability to any party, you agree to promptly notify B&E pursuant to the procedures outlined in B&E’s Intellectual Property/Copyright Policy set forth below.
- Public Forums and Interactive Communications. You acknowledge that interactive communications and public forums offered on or by the Sites are public or subject to public access. You are and shall remain solely responsible for the content you post or submit on these forums and/or elsewhere on the Sites and for the consequences of submitting and/or posting same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Sites is at your own risk. Although B&E reserves the right to remove without notice any posting or communication for any reason, B&E has no obligation to delete content that you may find objectionable or offensive. Information and opinions expressed in public forums or other interactive communications by third parties are not necessarily those of B&E.
- Compliance with Laws and Prohibited Uses. You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Sites in any way that violates applicable local, state, federal, or international laws, regulations, or other government requirements, including, without limitation, laws or regulations designed to protect minors. You shall not upload, post, embed, link to, email, transmit or otherwise make available through the Sites any material or content, including content gleaned from search engines, that:
- Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
- Violates or infringes on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right of B&E or any other person or entity;
- Impersonates another, including, without limitation, the Sites webmaster, forum leader, guide or host;
- Is unlawful, false, threatening, harmful, intimidating, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, sexually explicit, lewd, filthy, excessively violent, hateful, harassing or racially, ethnically, or otherwise objectionable within the sole discretion of B&E;
- Is an advertisement, product or service offering, promotional material, chain letter, junk mail, pyramid scheme, or “spam” or other form of solicitation of any kind, including, without limitation, links intended to divert traffic to drive unrelated off-site sales;
- Includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- Discloses any personal identifying information relating to or images or video of a child under age 18 without consent of a parent or guardian;
- Contains a formula, instruction, or advice that could cause harm or injury;
- Is or can be used to copy, change, prepare derivative works of, edit, rewrite, save or alter in any way any content available or displayed on the Sites; or
- Would result in B&E having any obligation or liability to any party.
- You shall not:
- Intentionally upload, post, link to, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer/tablet/phone or hardware on telecommunications equipment;
- Collect personal data about other users for commercial or unlawful purposes;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Sites unless otherwise expressly permitted by B&E;
- Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges; or
- Interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
- Not Professional Advice. The content on the Sites is provided for informational purposes only, and should not be construed as advice. The content is not intended to, and does not, constitute legal or professional advice, and may not be used for such purposes.
- Submission of Information. Although B&E may provide certain security in an effort to protect the electronic transmission of certain information that you submit to B&E through the Sites, B&E does not guarantee the security of any information transmitted to or from the Sites, including to or from any third-party websites linked to the Sites. Submission of any financial (e.g. credit card) or other information to the Sites or to any third-party websites linked to the Sites is entirely at your own risk and responsibility.
- Denial of Access. B&E, for any reason and at its sole discretion, may modify, disable and/or terminate your access to the Sites or your user account, with or without notice, without liability to you, any other user or any third party.
- Modifications and Interruption to Service. B&E will in good faith endeavor to provide uninterrupted service to the Sites, but you acknowledge and accept that B&E does not guarantee continuous, uninterrupted or secure access to the Sites, and operation of the Sites may be interfered with or adversely affected by numerous factors or circumstances outside of B&E’s control. You further acknowledge that you will be responsible for providing or obtaining Internet access and any hardware or software necessary to connect to the Internet or use the Sites.
Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, B&E MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, AND ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. B&E SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF THIS WEBSITE. B&E DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE AND THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEBSITE. B&E DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitations of Liability. IN NO EVENT SHALL B&E OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT OR ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTION ENTERED INTO THROUGH WEBSITE, OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF B&E OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT IN USING THE WEBSITE, YOU MAY ENCOUNTER OFFENSIVE, INDECENT, OR OTHER OBJECTIONABLE CONTENT, AND YOU AGREE THAT B&E WILL INCUR NO LIABILITY FOR ANY SUCH CONTENT. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, B&E’s liability is limited to the greatest extent permitted by law.
Effective Date: January 26, 2016
Ownership of Sites and Content
The website bennyandezra.com, its companion Facebook fan page, its mobile application, and its related micro-sites (collectively, the “Sites”) and its contents are intended for your personal use only. All content included or available on the Sites, including, without limitation, trade dress, trademarks, service marks, software, source code, object code, website design, text, graphics, button icons, files, interfaces, drawings, designs, illustrations, images, photographs, video clips, music and sounds, sound recordings, lyrics, the word and logo marks BENNY AND EZRA™, BENNY & EZRA™, BE™, and other materials, and the selection and arrangements thereof (the “Sites Content” or the “Content”), is the property of Benny & Ezra (“B&E”), a label of Lenny and Eva, Inc., and/or its affiliates or licensors unless otherwise indicated. B&E reserves all rights in such Content.
Procedure for Reporting Copyright or Other Intellectual-Property Infringement
You may not post, upload, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of B&E to terminate the privileges of any user who infringes the copyright rights of others upon receipt of prompt notification to B&E by the intellectual-property owner or the owner’s legal agent. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, B&E designates the following as its agent for receipt of notifications of claimed copyright or other intellectual-property infringement:
By email: firstname.lastname@example.org
By phone: 615-545-6639
By fax: 615-410-2122
By regular mail:
Intellectual Property Claim
Benny & Ezra
Lenny and Eva, Inc.
119 Broad Street
Baxter, TN 38544
To notify B&E of a claimed infringement of your copyright or other intellectual-property right by material residing on or accessible through the Sites, you must contact B&E in writing by regular mail, fax or email at the addresses provided above and provide the following information:
- 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 work claimed to have been infringed, or, if multiple works on the Sites are covered by a single notification, a representative list of such works at the Sites;
- 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 B&E to locate the material;
- Information reasonably sufficient to permit B&E to contact you, such as an address, telephone number, and, if available, an email address;
- The following statement by you: “I 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
- The following statement by you: “The information in this notification is accurate, and I, as the complaining party, declare under penalty of perjury that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Inquiries that do not follow this procedure may not receive a response. Upon receiving a claim of infringement, B&E may, in its discretion, remove or disable the material claimed to be infringed.
Please be advised that if you materially misrepresent that material is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether the material infringes on your intellectual property, you should consider contacting an attorney before contacting B&E.
How to Respond to a Claimed Infringement
If B&E removes or disables the material claimed to be infringing, B&E will take reasonable steps to notify the owner of the material of the claim, and the owner will then have the option to send B&E a counter-notice why the content does not infringe another’s intellectual-property rights and requesting reinstatement of the content. The counter-notice must be in writing and include the following information:
- The owner’s physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- The following statement by the owner: “I declare, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The owner’s name, address, and telephone number, and the following statement by the owner: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address listed in this notice is located, or if my address is outside of the United States, for any judicial district in which Lenny and Eva, Inc. may be found, and I will accept service of process from the person who provided notification of infringement or an agent of such person.”
If B&E receives a counter-notice under these provisions, it may send a copy of the counter-notice to the original complaining party informing that person that B&E may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the individual or entity who placed the content, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at B&E’s discretion.