Terms & Conditions / Privacy Policy
Updated July 30, 2009
Please carefully read the following terms and conditions (the “Terms of Use”) before using the website www.sparrowhall.com (the “Site”). The Terms of Use are applicable to your use of the Site and by accessing the Site, you agree to be bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use the Site. Each time you use the Site, the current version of the Terms of Use will apply. Accordingly, when you use the Site, you should check the date of the Terms of Use (which appears at the top) and, if an updated version has been posted to the Site, review the Terms of Use again to make sure you are aware of any changes that have been made since your last visit to the Site.
1. Intellectual Property
The data and materials on the Site, except User Submissions (as defined below), including, without limitation, text, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the “Content”) are the intellectual property of Hydrogen Media, LLC (“Hydrogen”, “we”, or “us”), our licensors and our suppliers. The Content is protected by copyright and other intellectual property laws and all ownership rights remain with us, our licensors or our suppliers, as the case may be.
You may only use the Content retrieved from the Site for your own personal, non-commercial, educational, private or domestic purposes. You agree not to engage in the use, copying, or distribution of any of the Content, other than expressly permitted herein, including any use, copying, or distribution of the User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright, trademark, or other proprietary notices. We reserve all rights not expressly granted in and to the Site and the Content.
2. Registration
Registration may be required for the use of certain portions of the Site (e.g., e-mail, newsletters, competitions, forums, content downloads, promotions etc.). In some instances, separate end user license agreements or terms of use that set forth additional conditions may apply to the services or products offered via the Site. To the extent there is a conflict between the Terms of Use and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will prevail, unless the additional conditions expressly state that these Terms of Use will prevail. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms of Use will apply.
3. User Submissions
a. The Site may permit the submission of communications, including the submission of postings on message boards, blogs, videos and photos by users of the Site ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any submissions to the Site.
b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and the Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and the Terms of Use. You retain all of your ownership rights in your User Submissions, however, by submitting the User Submissions to the Site, you hereby: (i) grant Hydrogen a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, display, perform, sell, edit, and insert, serve or display advertisements in, or in close proximity to, the User Submissions in connection with the Site and Hydrogen’s (and our successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media format or medium and through any media channels (now known or hereafter developed); and (ii) grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, publish, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under the Terms of Use. For the avoidance of doubt, you are not entitled to any compensation for any User Submissions for any reason, unless expressly agreed to by the parties.
c. In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Hydrogen all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Hydrogen or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violates any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity, whether actual or fictitious. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on our Site, and we will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. We reserve the right, in our sole discretion, to remove Content and User Submissions without prior notice. We will also terminate a user's access to our Site, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. We also reserve the right to decide whether Content or a User Submission is appropriate and complies with the Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a user's access for uploading such material in violation of the Terms of Use at any time, without prior notice and at our sole discretion.
d. If you are a copyright owner or an agent thereof and believe that any submission on the Site’s message boards or any other content on the Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated copyright agent to receive notifications of claimed infringement is: dmca@HYD01.com. Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to info@HYD01com. You acknowledge that if you fail to comply with all of the requirements of this Section 3(d), your DMCA notice may not be valid.
e. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
4. Links to Other Websites
The Site may contain hyperlinks to websites operated by third parties. Hydrogen does not assume any responsibility for these websites and provides hyperlinks thereto solely for the convenience of our visitors. Hydrogen does not control the content of these websites and takes no responsibility for their content. The availability of a hyperlink to a third party website on the Site does not mean that Hydrogen endorses or otherwise recommends such website. We recommend that you carefully review the terms of use and privacy policies that are applicable to such third party websites.
5. Sweepstakes, Giveaways, and Skill Contests
From time to time Hydrogen may decide to offer sweepstakes, giveaways and skill contests on the Site, which will be governed by a separate set of terms and conditions. At the time of such sweepstakes, giveaway or skill contest a hyperlink to the applicable terms and conditions will be provided on the Site, along with details of the specific sweepstakes, giveaway or skill contest. It is your responsibility to read those terms and conditions for details about the applicable terms and any eligibility requirements.
Users of the Site are strictly prohibited from soliciting entries for any type of sweepstakes, giveaway or skill contest, unless the user (a) fully complies with applicable federal and state laws and regulations; and (b) posts official rules governing the sweepstakes, giveaway or skill contest.
If you believe that any third party offering a sweepstakes, giveaway or skill contest on the Website is in violation of applicable laws or regulations, please contact us at administrator@HYD01.com.
6. Privacy Policy
We are committed to protecting the privacy of users of the Site. For information on how information is collected, used or disclosed by us in connection with your use of the Site, please consult our Privacy Policy.
7. Disclaimer
CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, HYPERLINKS AND USER SUBMISSIONS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
HYDROGEN AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE (COLLECTIVELY, THE “RELEASED PARTIES”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (D) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (E) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE; AND (F) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE RELEASED PARTIES.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Limitation of Liability
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (A) THe SITE, YOUR ACCESS, USE OR INABILITY TO USE THe SITE; (B) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
HYDROGEN RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SITE OR THE CONTENT On THE SITE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND HYDROGEN WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9. Indemnification
You agree to indemnify, defend and hold harmless Hydrogen, our officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any suit, claim, liability, or proceeding in connection with: (a) any claim due to or arising out of your violation of the Terms of Use, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (b) your use of and access to the Site; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Submission(s) caused damage to a third party.
10. Assignment
The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
11. Choice of Law and Forum
The Terms of Use shall be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. Any dispute arising out of or relating to the Terms of Use or your access or use of the Site will be subject to the exclusive jurisdiction of the court located within Dutchess County in the State of New York, and you hereby submit to the personal jurisdiction of such courts.
Updated July 30, 2009
Your privacy is important to us at Hydrogen Media, LLC (“Hydrogen”). This online privacy policy (“Privacy Policy”) describes the types of information we gather from those persons visiting the Internet website www.sparrowhall.com (the “Site”) and how we use that information. By accessing the Site, you agree to be bound by the terms of the Privacy Policy. If you do not agree to the terms of the Privacy Policy, please do not use the Site. Each time you use the Site, the current version of the Privacy Policy will apply. Accordingly, when you use the Site, you should check the date the Privacy Policy (which appears at the top) and, if an updated version has been posted to the Site, review the Privacy Policy again to make sure you are aware of any changes that have been made since your last visit to the Site.
1. Personally Identifiable Information Collection and Use
Personally identifiable information (such as name, postal address, phone number, email address) is collected online only from voluntary submissions by visitors to the Site when visitors would like to receive more information about Hydrogen or our products or services. Our visitors’ personally identifiable information is only used for the purpose of contacting visitors to provide the information requested.
We may use PayPal or a comparable online payment service to process orders you place on the Site, however, we do not collect any financial information (such as credit card/debit card information) from visitors to the Site and any financial information made available to PayPal or a comparable online payment service is not made available to us. Any personally identifiable information you provide to PayPal or a comparable online payment service is subject to PayPal’s or such service’s own privacy policy.
2. Aggregate Information Collection and Use
Hydrogen may collect aggregate information, which is non-personally identifiable/anonymous information, such as frequency of visits to the Site, Site pages most frequently accessed, browser type, etc. Aggregate Information is used in a collective manner, and no single person can be identified by this compiled information.
3. Sharing, Selling and Trading Personally Identifiable Information Collected Online With Third Parties
Except as described below, Hydrogen will not share, sell or trade to third parties any personally identifiable information collected from visitors of the Site. Hydrogen reserves the right to share your personally identifiable information with third party service providers who perform services on our behalf. In such cases, the third party service providers will only be permitted to utilize your personally identifiable information for the purpose for which they have been retained.
In addition, Hydrogen may share or transfer personally identifiable information to unrelated third parties in the following circumstances: (a) to comply with a legal requirement, judicial proceeding, court order, or legal process served on Hydrogen; (b) to investigate a possible crime, such as fraud or identity theft; (c) in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of Hydrogen; or (d) when we believe it is appropriate to do so to protect the rights, property, or safety of Hydrogen or other persons or entities. Hydrogen will not share, sell or trade visitor’s personally identifiable information to third parties for a third parties’ own marketing purposes.
4. Sharing, Selling and Trading Aggregate Information Collected Online With Third Parties
We reserve the right to sell, share or trade compiled aggregate information with third parties. As stated earlier, no single person can be identified by such aggregate information.
5. Links To Third Party Websites
The Site may contain hyperlinks to websites operated by third parties. Those websites may have their own privacy policy or no policy at all. Hydrogen does not have any responsibility for or control over third party websites and the information practices of third party websites are not covered by the Privacy Policy. Hydrogen does not assume any responsibility for the content located on such third party websites or their use of any personally identifiable information you submit to such third party websites. We provide hyperlinks to third party websites only for the convenience of Site visitors. The availability of a hyperlink to a third party website on the Site does not mean that Hydrogen endorses or otherwise recommends such website. We recommend that you carefully review the privacy policies of third party websites prior to submitting any personally identifiable information to such third parties.
6. Children
Hydrogen is sensitive to parents' concerns about the collection of personally identifiable information from children. Our Site is not directed to children under the age of 13, and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a visitor to our Site is under the age of 13 and has provided personally identifiable information without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.
7. Disclaimer of Warranties
The security of your personally identifiable information is important to us and Hydrogen is committed to handling your customer information carefully. Unfortunately, no data transmission over the Internet, or method of electronic storage, can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, we cannot guarantee its absolute security. IN NO EVENT WILL HYDROGEN OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (A) THE SITE, YOUR ACCESS, USE OR INABILITY TO USE THE SITE; (B) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL USER IDENTIFIABLE INFORMATION STORED THEREIN, OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF HYDROGEN OR OUR AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, HYDROGEN’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Business Transfers
In the event that Hydrogen sells substantially all of its assets or experiences a change in control, Hydrogen may disclose and transfer to any such purchaser the personally identifiable information of visitors to the Site as well as aggregate information.
9. Changes to this Privacy Policy
Hydrogen reserves the right to update or modify the Privacy Policy, at any time and without prior notice, by posting the revised version of the Privacy Policy on our Site.
10. Information Removal/Opt-Out
If you prefer not to receive marketing e-mails from Hydrogen, please let us know by clicking on the unsubscribe link within any marketing e-mail you receive from us. If you prefer not to receive marketing mail via the mail carrier, please let us know by sending a request to: Subscription Department/Sparrow Hall, Hydrogen Media, LLC, P.O. Box 4737, Poughkeepsie, NY 12602. Please be sure to include in any e-mail or postal mail request: your full name, email address, postal address and any message. Please note that such requests may take up to 10 days to become effective.
11. Reviewing Your Information
You can ask us for a summary of any personally identifiable information that Hydrogen has retained about you from the Site. Please send your request to: administrator@HYD01.com. We will send such information for review only to the e-mail address or postal mail address that we have on file for the visitor name that is associated in our database for such information. If at any time you wish to change, correct or update your personally identifiable information, please send your request to: administrator@HYD01.com. Please be sure to include your e-mail address, full name and postal address.
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