The Myrtle Avenue Brooklyn District Management Association (“we”, “us”) respects your privacy and is committed to protecting any personal information (“Personal Information”) that you provide to us.  We have created this Privacy Policy (this “Policy”) to explain what information we collect about you and what we do with it.  We reserve the right to modify this Policy at any time and without notice, but we will post any new policy here.  By using or navigating our websites, you acknowledge that you have read, understand and agree to be bound by this Policy or any modified or substituted policy as posted and agree to the collection of your Personal Information as described herein.  If you have any questions regarding this Policy, please contact us at admin@myrtleavenue.org.  If you do not agree with these terms, please do not use or visit our websites.

What Personal Information We Collect and How It Is Used

You have complete control over your Personal Information.  In general, you can visit our website without providing us with any Personal Information.  However, to use certain features of our websites, such as subscribing to our electronic newsletter or other electronic mailings, participating in our programs and promotions and participating in sweepstakes or other contests that we may sponsor, you must provide us with information such as your name, email address, street address and telephone number.  We generally collect this information on our registration forms when you sign up to receive services from or optionally participate in certain aspects of our website.  We may also collect information from optional online surveys, such as age, gender and income level.  We do not knowingly collect any information from anyone under 18 years of age and reserve the right to reject any Personal Information submitted by (and refuse certain services or access to certain website features to) anyone known to us to be under 18 years of age.

We collect IP addresses, browser types and anonymous demographic information (such as ZIP codes) and may use this data for system administration, troubleshooting, and to examine overall traffic trends.  Anonymous demographic information may be shared with advertisers and market researchers on an aggregate basis.

We use Personal Information you provide to us to provide you with information about us and some of our partners and third party companies in which you have expressed an interest and to contact you when necessary.

Cookies

Our website may use a cookie, a small data file stored on your computer, to customize portions of our site to your preferences.  The cookie by itself does not tell us, or anyone else, who you are, what your email address is, or anything else personal.  If you choose to set your browser to reject all cookies, please understand that you may have limited access to some of the areas and functionalities of our website.

Opting Out

If at any time you wish to stop receiving correspondence for which you have previously registered, simply follow the unsubscribe directions in our correspondence to you.  In addition, you may request removal of your Personal Information from our database at any time by sending an email to admin@myrtleavenue.org or regular mail to Myrtle Avenue Brooklyn Partnership, 472 Myrtle Avenue, 2^nd Floor, Brooklyn, NY 11205.

Disclosure of Personal Information to Others

In some cases, and only with your advance permission, we will share Personal Information with third party companies who may offer products or services in which we believe you may be interested.  We may also share Personal Information with third parties with whom we partner to co-promote and administer contests on our website.

Additionally, we may need to disclose your Personal Information when required by law and where we have a good faith belief that such action is necessary to comply with a judicial proceeding, court order or legal process served on us or our website.

External Links

As a service to you, our website may contain banner advertisements and links to other third party websites.  By clicking on an advertisement or other link, you will be redirected off our website and onto third party websites.  This Policy does not apply to such websites, and we are not responsible for the privacy policies of such websites.  We encourage you to read the privacy statements of these linked websites as their privacy policies may differ from ours.

Please also see our Terms of Use below, which describe the use, disclaimers, indemnification and limitation of liability governing the use of our entire website.

Terms of Use

By using this website (the “Site”), you are agreeing to accept and comply with the terms and conditions of use as stated below (the “Terms of Use”), which may be updated by the Myrtle Avenue District Management Association (“we”, “us”) from time to time without notice to you.  You should visit this page periodically to review the then-current Terms of Use.  We may, in our sole discretion, terminate your access to the Site at any time and without notice, including without limitation due to any violation by you of these Terms of Use.

Limited Right of Use/Ownership of Contents

The contents of the Site are intended for the personal, noncommercial use of its users.  All materials published on the Site (the “Contents”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by the Myrtle Avenue District Management Association or the other party credited as the provider of such Contents.

Except as specifically set forth in these Terms of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content or software forming part of the Site in whole or in part.

We reserve the right to republish any material contributed by our readers.  By posting a message in any public area of the Site or submitting any correspondence to us, you expressly grant us a global nonexclusive license to publish, reproduce, sell, disclose, distribute or use such material for any purpose whatsoever.  You hereby further grant us the global nonexclusive right to use any ideas, concepts or techniques embodied in such materials for any purpose whatsoever.  In addition, you hereby waive any and all moral rights you may have in any such materials.  Further, you hereby authorize us to edit and otherwise modify any such material prior to our use, publication, distribution, sale, reproduction or disclosure thereof.  All such material will be deemed to be provided to us on a non-confidential and non-proprietary basis.  Material that is copyright protected may not be submitted without permission from the copyright owner, and you are solely responsible for the failure to obtain any such permission.

Privacy Policy

Information and data provided by you are subject to our Privacy Policy.  This policy, as updated from time to time, may be found here.

Modifications to the Site

We reserve the right from time to time to make modifications and changes to the Site, including but not limited to discontinuing, temporarily or permanently, any service offered by us or through the Site, with or without notice.  You agree that we shall not be liable to you or to any other party for any changes and modifications to the Site.

Your Representations and Warranties

You represent, warrant and covenant that no material of any kind submitted by you or our use thereof in accordance with these Terms of use will: (i) violate, plagiarize or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statement of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulation or other governmental order.

Indemnification

By accessing and/or using the Site, you agree to indemnify, defend and hold harmless the Myrtle Avenue Brooklyn District Management Association, the City of New York, and their respective officers, directors, employees, members, agents, partners, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including without limitation reasonable attorneys fees and expenses, incurred by any of the Indemnified Parties in connection with any claim arising out of or breach by you of these Terms of Use or the representations, warranties and covenants deemed made by you hereunder. You agree to cooperate as fully as reasonably required in the defense of any claim.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

Limitation of Liability

You expressly understand and agree that:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THE SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AS “AS IS”, “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT ANY SERVICE PROVIDED THROUGH THE SITE WILL (i) MEET ANY OF YOUR REQUIREMENTS, (ii) BE TIMELY, SECURE, UNINTERRUPTED OR FREE FROM ERROR OR OMISSION, (iii) PROVIDE RESULTS OR INFORMATION THAT WILL BE USEFUL, ACCURATE OR RELIABLE, NOR THAT ANY ERRORS IN THE OPERATION OF THE SITE, INCLUDING THE OPERATION OF ANY SOFTWARE, WILL BE CORRECTED.

WE HEREBY EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE CONTENT AND POLICIES OF ANY THIRD PARTY WEBSITE WHICH MAY BE LINKED TO ON THE SITE.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY COMPONENT CONNECTED THERETO, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MYRTLE AVENUE DISTRICT MANAGEMENT ASSOCIATION AND THE CITY OF NEW YORK SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE SERVICES PROVIDED THROUGH THE SITE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOST OPPORTUNITY, LOST SALES, LOSS OF GOODWILL OR REPUTATION, OR ANY OTHER INTANGIBLE LOSS, AND WHETHER ARISING UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER THE MYRTLE AVENUE DISTRICT MANAGEMENT ASSOCIATION AND THE CITY OF NEW YORK HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

Miscellaneous

These Terms of Use constitute the entire agreement between you and the Myrtle Avenue District Management Association and govern your use of the Site and any services offered through the Site.  This agreement supersedes any prior terms of use or other agreements concerning the subject matter hereof between you and the Myrtle Avenue District Management Association.  These Terms of Use and the relationship between you and the Myrtle Avenue District Management Association shall be governed by, and construed and enforced in accordance with, the laws of the State of New York without regard to its conflict of law provisions.  You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County, City and State of New York for the resolution of any disputes arising out of or relating to these.

Terms of Use or the Site.

You agree that, except as expressly provided herein, there shall be no third party beneficiaries of these Terms of Use and the agreements contained herein.  The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and conditions of these Terms of Use shall remain in full force and effect.  The headings in these Terms of Use are for convenience only and have no legal or contractual effect.