Subscriber and Member Agreement This Agreement sets forth the terms and conditions which apply to the use by you of the AntiHamptons.com Sites (as defined below) and any other subscription product or service offered for sale by AntiHamptons.com and/or its affiliates (collectively, "AntiHamptons.com"). The right to use any product or service offered by AntiHamptons.com is personal to you and is not transferable to any other person or entity.
Definitions
The "AntiHamptons.com Sites" shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by AntiHamptons.com on the World Wide Web. Sites consist of information services and content provided by AntiHamptons.com, affiliates of AntiHamptons.com and third parties. The term "Community Areas" means the bulletin boards, chat rooms and other user participatory areas on the AntiHamptons.com Sites.
General
AntiHamptons.com shall have the right at any time to change or discontinue any aspect or feature of the AntiHamptons.com Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
Use of the AntiHamptons.com Sites and the Community Areas
The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in AntiHamptons.com's judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with AntiHamptons.com's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by AntiHamptons.com
The AntiHamptons.com Sites and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the AntiHamptons.com Sites are copyrighted as a collective work under the United States copyright laws. AntiHamptons.com is the owner of the copyright in the entire AntiHamptons.com Sites. AntiHamptons.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the AntiHamptons.com Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the AntiHamptons.com Sites without the express permission of AntiHamptons.com and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the AntiHamptons.com Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
• You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
• You hereby grant to AntiHamptons.com and their respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to AntiHamptons.com (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
• You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that AntiHamptons.com considers to be offensive.
• You shall provide AntiHamptons.com with accurate, complete and updated information provided by you at the time of registration.
• The AntiHamptons.com Sites contain links to other web sites, resources and advertisers. AntiHamptons.com is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall AntiHamptons.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
• You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the AntiHamptons.com Sites and Community Areas and all charges related thereto.
• The foregoing provisions of this Section 3 are for the benefit of AntiHamptons.com, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
• AntiHamptons.com has carefully designed the AntiHamptons.com Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the AntiHamptons.com Sites in any way that interferes with that purpose. In particular, AntiHamptons.com prohibits any party from displaying the content on the AntiHamptons.com Sites in any format where third party advertising or other materials that AntiHamptons.com did not authorize is viewed or viewable together with AntiHamptons.com's proprietary content.
Monitoring
AntiHamptons.com shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by AntiHamptons.com from time to time. AntiHamptons.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, AntiHamptons.com shall have the right, but not the obligation, to remove any material that AntiHamptons.com, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of AntiHamptons.com, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither AntiHamptons.com nor any of its affiliates shall assume or have any liability for any action or inaction by AntiHamptons.com with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE ANTIHAMPTONS.COM SITES IS AT YOUR SOLE RISK. NEITHER ANTIHAMPTONS.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE ANTIHAMPTONS.COM SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ANTIHAMPTONS.COM SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.
THE ANTIHAMPTONS.COM SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ANTIHAMPTONS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL ANTIHAMPTONS.COM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE ANTIHAMPTONS.COM SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ANTIHAMPTONS.COM SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE ANTIHAMPTONS.COM SITES AND/OR THE COMMUNITY AREAS.
ANTIHAMPTONS.COM'S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO ANTIHAMPTONS.COM ANTIHAMPTONS.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE ANTIHAMPTONS.COM SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED ANTIHAMPTONS.COM EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL ANTIHAMPTONS.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE ANTIHAMPTONS.COM SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE ANTIHAMPTONS.COM SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
ANTIHAMPTONS.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE ANTIHAMPTONS.COM SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ANTIHAMPTONS.COM MAKES PRODUCTS OR SERVICES AVAILABLE ON THE ANTIHAMPTONS.COM SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER ANTIHAMPTONS.COM NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER ANTIHAMPTONS.COM NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE ANTIHAMPTONS.COM SITES SHALL BE CONSTRUED AS INVESTMENT ADVICE. ANTIHAMPTONS.COM IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
Indemnification
You agree to defend, indemnify and hold harmless AntiHamptons.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the AntiHamptons.com Sites and/or the Community Areas.
Termination
AntiHamptons.com shall have the right to immediately terminate this Agreement with respect to any user which AntiHamptons.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
Trademarks
All trademarks appearing on the AntiHamptons.com Sites are the property of their respective owners, including, in some instances, AntiHamptons.com
ChangedTerms
AntiHamptons.com shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the AntiHamptons.com Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in subsection C below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
Products and Other Services
With respect to products and services offered for sale by AntiHamptons.com and third parties or through the AntiHamptons.com Sites: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
Miscellaneous
This Agreement and any operating rules for the AntiHamptons.com Sites and the Community Areas established by AntiHamptons.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Copyright
All materials, photographs, stories and are owned and copyrighted by antihamptons.com unless otherwise noted. © antihamptons.com, 2008
Effective Date: August 21, 2007
Non-personally Identifiable Information
We may collect and use non-personally identifiable information from you when you are visiting AntiHamptons.com through the standard operation of our Internet servers. Non-personally identifiable information collected from you may include user Internet Protocol (IP) addresses, browser types, domain names, and anonymous statistical data regarding your use of AntiHamptons.com. For example, we can tell which Internet Service Provider our visitors use, but not the names, addresses or other information about our visitors that would allow us to identify them. AntiHamptons.com also collects information through the use of "cookies." Cookies are small text files that a website can use to recognize repeat users, facilitate the user's ongoing access to and use of a website, allow AntiHamptons.com to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Cookies work by assigning a unique number to the user that has no meaning outside the assigning site. If you do not want information collected from you through cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Note, however, that cookies may be necessary to provide you with certain features available on AntiHamptons.com. Additionally, AntiHamptons.com may collect information by using “web beacons.” Web beacons are small, transparent graphic images placed on a site or in an email that record the actions of the user opening the page that contains the beacon. If you do not want information collected from you through web beacons, turning off your browser’s cookie feature will prevent web beacons from tracking your activity.
Personally Identifiable Information
We collect your personally identifiable information only when you provide such information voluntarily on AntiHamptons.com, including: (i) if you register on AntiHamptons.com or log-on with your username and password, (ii) when you list items for sale, (iii) when you sign-up to subscribe to a service, a newsletter, or ask to be added to our mailing lists for products or services, (iv) when you place an order for or pay for products or services, (v) when you participate in a promotional offer, (vi) when you provide feedback in an online survey, and (vii) when you submit other content and suggestions, including user forums. We do not knowingly collect personally identifiable information from children under the age of 13. In each of the instances above, we typically ask for some or all of the following information: your name, e-mail address, phone number, mailing address, the type of business you are in, any applicable identification number or password that we may require, as well as other similar information that is needed to register or subscribe you to services or offers. On occasion, we may ask for additional information to enable us to provide you with access to and use of certain other information, materials and services.
How We Use Collected Information
The personally identifiable information you provide to us may be used to provide products and services to you or to enhance your experience at AntiHamptons.com or as a subscriber to AntiHamptons.com products and services. We may also use such information to notify you of special offers and products or services from AntiHamptons.com and/or from third parties that might be of interest to you. We may share your personally identifiable information with our affiliates. In addition, we may rent, sell or otherwise transfer to third parties your personally identifiable information. At any time, you can contact AntiHamptons.com to request that we not share your personally identifiable information with third parties, as described in the “Opt-out” section below.
We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide services and products related to AntiHamptons.com, such as providing credit card-processing and fraud screening, order fulfillment and shipment, mailing of various materials, hosting and maintaining AntiHamptons.com, and developing applications for AntiHamptons.com. The Outside Contractors may sometimes have limited access to information collected from you, including your personally identifiable information, in the course of providing products or services to us. Access to your personally identifiable information by the Outside Contractors is limited to the information necessary for them to perform the contracted services. Lastly, we require that the Outside Contractors (i) protect the privacy of your personally identifiable information consistent with this Privacy Policy, and (ii) not use or disclose such information for any purpose other than providing us with products or services for which we contracted.
AntiHamptons.com may merge your information collected on AntiHamptons.com with similar data obtained from third parties or collected from you offline. We may use this enhanced personally identifiable information for marketing purposes, including to notify you of special offers, updated information and new products and services. Other unique circumstances may arise that require our disclosure of your personal information to third parties, such as in connection with a corporate transaction where all or a portion of our business or assets (including our associated customer lists containing your personal information) are sold or transferred, or if disclosure is required by law.
Please be aware that, if you voluntarily disclose personally identifiable information in an e-mail or other communications with third parties listed on AntiHamptons.com’s (including buyers or sellers with whom you have conducted transactions) or in other materials, that information, along with any other information disclosed in your communication, can be collected and correlated and used by such third parties and may result in your receiving unsolicited messages from other persons. Such collection, correlation, use and messages are beyond our control.
Your California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents may request (i) the categories of their personal information that we disclosed to third parties or our affiliates for such parties’ direct marketing purposes in the preceding calendar year, and (ii) such parties’ names and addresses. Please direct the requests to us at the e-mail or mailing address provided below under “How to Contact Us.”
Information Regarding User Activities
Your username is displayed on AntiHamptons.com when you list items for sale, bid on items, provide comments, ask sellers a question, or post messages to chat boards. Other users may see your buying and selling activity, your past purchases and sales, and your FeedBack score and comments. Other people to whom you have revealed your identity, such as buyers and sellers with whom you have conducted transactions, will be able to personally identify your activities on AntiHamptons.com.
Our Commitment to Data Security
AntiHamptons.com takes every effort to protect against unauthorized access, loss, misuse or alteration by third parties of your personal information, and has put in place commercially reasonable physical, electronic, and managerial procedures to safeguard and secure your information. Notwithstanding the foregoing, there is always some risk involved in transmitting information over the Internet. Additionally, there is some risk our security systems could be circumvented or breached. While we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.
You are responsible for all actions conducted using your username and password. Please do not disclose your password to anyone. If you do share your username and password with others, you may be legally responsible for their actions.
Opt-out
You may at any time opt-out of receiving promotional or other communications from AntiHamptons.com or sharing your personally identifiable information with third parties by contacting our Information Privacy Manager at the address below. If you decide to so opt-out after you have previously opted-in, your change in preference will only affect future contacts. If we had provided your information to third parties prior to your opt-out, they may continue to use it. Even if you do not opt-in to receive promotional or other communications or you have opted-in and then later choose to opt-out, we reserve the right to contact you as necessary in our sole discretion regarding AntiHamptons.com, any request you have made for services or products from AntiHamptons.com, changes to this Privacy Policy, or any other matters that may be relevant to the information we collect.
Correcting Information
You are responsible for providing accurate information when making purchases, registering with any portions of AntiHamptons.com that require registration, or performing other functions requiring the submission of your personally identifiable information. If you wish to correct your personally identifiable information, please contact our Information Privacy Manager at the address below. Please promptly notify us of any changes to your personal information, since we provide that information to your transaction partners.
Users may choose to close their accounts at any time. We retain personal information from closed accounts in order to enforce the Terms and Conditions and the Privacy Policy, comply with law, prevent fraud, collect owed fees, and take other actions permitted by law.
How to Contact Us
If you would like to contact AntiHamptons.com regarding our privacy practices, please write or e-mail us at the following addresses:
Mailing Address:
AntiHamptons.com
c/o Information Privacy Manager
PO Box 89
Mastic Beach, NY 11951
e-mail:
optout@antihamptons.com
Changes To Privacy
Policy
We reserve the right to change this Privacy Policy at any time. In the event of any material change, we will notify users through a notice on AntiHamptons.com, e-mail or other means. Your continued use of AntiHamptons.com following such notification means you accept those changes.
Effective Date: August 21, 2007