OGDolls.com (the “Website”) is operated and presented to users by Our Generation and Battat, Incorporated (“We,” “Us,” or “OGDolls.com”).This privacy policy covers the use of information collected by Us.
First and foremost, We want you to know that the protection of children, all children, is always our first consideration. The Website is a fun, entertaining, engaging place for fans of Our Generation dolls to come together as a community and share and experience all that Our Generation has to offer. For that reason, We ensure that our privacy policy and our information collection practices adhere to the Children’s Online Privacy Protection Act and other applicable data privacy laws and regulations.However, We reserve the right to modify this Privacy Statement at any time without notice (for example, if We modify our practices regarding the collection or use of information).We will revise our Last Updated date to reflect any revisions to this Statement.
The Internet is a tool, and your involvement in your child’s use of the Internet can make a major difference. We encourage all parents to actively participate in their children’s Internet usage by providing them with guidance to help ensure that they have a safe and rewarding online experience. We encourage parents and children to visit the GetNetWise.org site and look through the “Kids Safety” section together.Internet safety should be important to everyone, and We hope you take it as seriously as We do.
We may collect two types of information: personally identifiable information (“PII”) and information that is not personally identifiable (“Non PII”).
We may collect names and email addresses to send updates about or notes of interest related to Our website.E-mail addresses will only be accepted from people who are of sufficient age to submit this information.For more information about parental involvement, please see the section below titled, “Privacy Policy Protection for Children – Parent/Legal Guardian Involvement.”
We may capture user information when users send us questions or comments via e-mail.Such user information may include names and e-mail addresses. Information collected in this manner will only be used to contact the user and/or respond to the user’s inquiry/issue.Sending Us an e-mail will not enroll you on our e-mail list (see above) unless you specifically request it.
We may capture certain information automatically on our websites, including the user’s Internet protocol address, mobile device identification number, browser type, page access history, linking information, click stream data, page visits, page views, and/or web site log files.
We may use cookies, log files, clear gifs, and/or similar devices to identify you, to keep track of the user’s interactions with the Website, and to and enhance certain activities available on the Website.These devices are small text or other electronic files that are used for user-identification purposes, record-keeping purposes, and to increase the ease of use of the websites.We may use persistent or not-persistent cookies.Users can remove or reject persistent cookies by following the directions provided in their Internet brower’s “help” file.If a user removes a persistent cookie or rejects persistent cookies, the functionality of the Websites, or any part thereof, may be impaired or unavailable.
For some of our online activities – such as polls, surveys, games or contests – We may ask users to provide information that is not personally identifiable, such as a first name (without a last name), a country of residence or a user’s favorite things.In addition, We may offer blogs or other features in which you may provide Us with user-generated submissions (such as our “Wall of Hearts”).Collectively, the ways in which We collect Non PII are referred to as “Public Features.”Although We take measures to guard against users communicating personal information through the Public Features, such disclosure may occur depending upon how Our users make use of the Public Features.If you use a Public Feature on this Website, and disclose PII, you should be aware that such information could be read, collected or used by other users.We are not responsible for the personally identifiable information you choose to submit in these Public Features.
We may use the PII We collect in the following ways:
To contact users with relevant information about Our products and services because they have signed up to do so through subscribing to OG Mail.If you would no longer like to receive promotional e-mails or other communications from Us, please refer to the “How Can You Manage Your EMail Marketing Preferences” section below.
To provide users with personalized offers, promotions, news, events, and other information relevant to them because they have signed up to do so through subscribing to OG Mail.
To quickly process user requests for information.
To allow Us to respond efficiently to user questions.
To monitor Website statistics.
To respond to or satisfy legal requirements, such as a court order, a subpoena, or a law enforcement agency’s or other public agency’s (including schools or children services) request.
To help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using Our Website, to help protect the security or integrity of Our Website, or to enable Us to take precautions against liability.
To provide information to service providers or such companies who provide support for the operations of Our Website and who do not use or disclose the information for any other purpose.
To administer a contest, promotion, survey, or other feature.
To allow Us to disclose your information to the extent permitted by law, as described more fully below.
We may use Non PII in any of the ways identified above, as well as a variety of commercial and non-commercial ways in which we would never use PII.For example, one Public Feature is Our Wall of Hearts.Because Our Generation embodies the spirit, vision and aspirations of this generation of girls, We have created the Wall of Hearst to collect and share hearts that created by the very same girls.Each heart is as unique and beautiful as the girl who creates it.If you create a heart on the Website, you are using a Public Feature.That means that the heart may be shared with others in ways that PII is not.We may, for example, use the heart on our packages and website, or share the heart through one of our social media portals (including, but not limited to, Facebook, Twitter, YouTube and Flickr).It may be used in screensavers, contests, promotions and other promotional activities.In other words, if you don’t want to give your heart to the world, please don’t submit it.In any case, the person who created the heart will only be identified by first name and what they love.No heart can be submitted for any use other than on our website without additional consent of the user (or the user’s parent or legal guardian, if applicable).
Rest assured that as much as We enjoy sharing our dolls, their stories and the occasional cup of imaginary tea, We are very, very against sharing personal information without consent.If you give Us your email address to get information from Our Generation about Our Generation, then that is exactly what you will get.We will not share your email address with anyone.Pinky swear.
Except as set forth below, We do not sell, trade, or otherwise transfer to third parties our users’ PII unless We receive their consent.That being said, in the following situations, We may share PII with outside parties:
Subsidiaries and Affiliates. We may transfer personally identifiable information to our subsidiaries and corporate affiliates.
Website Consultants and Service Providers. We may disclose personal information to third party consultants and service providers (such as providers of hosting, support, maintenance; third party payment processing agencies; and remedial and repair services) to the extent that they require access to our databases, or the information contained in our databases, to service the Us and the Website.
Enforcement of Rights/Security. We reserve the right to release personal information (i) when We are under legal compulsion to do so (e.g. We have received a subpoena) or We otherwise believe that the law requires Us to do so, (ii) when We believe it is necessary to protect and/or enforce the rights, property interests, or Our safety, the safety of our users, or the safety of others, or (iii) as We deem necessary to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Privacy Statement and other Website user agreements.
Reorganization or Sale. In the event that We merge with or become a part of another organization, or in the event that We are sold, We sell all or substantially all of Our assets, or We are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity.
To Help Protect Minor Users of Our Website. In the event that the safety of our users is threatened, and We are able to do something about that by sharing PII with third parties, We reserve the right to do so. This may be done to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using Our Website, to help protect the security or integrity of Our Website, or to enable Us to take precautions against liability.
As Otherwise Allowed by Law. We may transfer personal information to third parties where We are expressly authorized by applicable law to do so.
Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and We may transfer that aggregated information to third parties.
You can unsubscribe from promotional emails and other commercial communications by following the instructions contained within the communication.Please note that due to marketing production schedules you may receive any messages already in production.
In an attempt to provide you with increased value, the Website may contain links to third party sites. These linked websites have separate and independent privacy policies or may have no privacy policy at all. We are not responsible or liable for the content, activities or privacy policies of such linked sites.Nonetheless We seek to protect the integrity of the Website, and welcome any feedback about a linked site (including if a specific link does not work).
We welcome your questions, comments and concerns about privacy.Please contact Us at OGDolls@battatco.com with any questions or comments you may have regarding the privacy of your information.
As stated in this policy, We do not make an effort to collect PII from children under the age of 13.If we become aware that any PII is of a child under the age of 13, We will take immediate steps to delete the information from our databases or take other action as may be necessary and appropriate.Though we intentionally avoid collecting PII from a child, Non PII may be collected from a child (e.g., a child’s list of things she/he “loves”).In the event that We become aware of a child submitting PII along with Non PII (e.g., including her/his first and last name in the list of things that are “loved”), We will take immediate steps to delete the information from our databases or take other action as may be necessary and appropriate.
Of course, We are not alone in our desire to protect the privacy of children. Parents and legal guardians have an important role to play, and should be aware of their child’s online interaction.See the section “A Note to Parents/Legal Guardians” above.
A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties’ direct marketing purposes.
If you are a California resident and would like to make such a request, please submit your request in writing to:
Our Generation
c/o Battat, Incorporated
1560 Military Turnpike, Plattsburgh, NY, 12901
Please write on the outside of the envelope: Urgent Privacy Policy Question
Please note that under California law, businesses are only required to respond to a customer request once during any calendar year.
This privacy policy is effective as of the date identified above, and applies to all information previously obtained by Us.We reserve the right to change the privacy policy at our sole discretion.Our Website users will be informed of any such change by Us posting a new privacy policy on the Website and the effective date of any change of privacy policy will be clearly marked.As required by law, We will not use PII in ways that are materially different from the ways described in this Privacy Policy without also providing notification of such practices and obtaining consent to any such different uses. If We make material changes to this policy, We will notify you here, by email, or by means of a notice on our home page.
Thank you for visiting Us! Now let’s play!
While there are no limits to what our generation of girls can achieve, there are some boundaries we believe everyone should respect.
OGdolls.com, and any subdomain or other webpage on which these Terms and Conditions are posted (the “Website”), is provided by Battat, Incorporated, and its related parent, subsidiary, and affiliate companies (collectively, “Battat,” “We,” “Us,” and variations thereof). IF YOU WANT TO USE THIS WEBSITE, then carefully read these Terms and Conditions, as it constitutes a written agreement between you (or you and your parent/legal guardian) and Battat. Each time you access and/or use the Website (other than to simply read these Terms and Conditions), you agree to be bound by and comply with all of the terms of these Terms and Conditions. Therefore, do not use the Website if you do not agree to all of the terms of these Terms and Conditions.
IF YOU’RE UNDER THE AGE OF MAJORITY (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Website. For this reason, it is important for your parent/legal guardian to be aware of your online activities, including the websites (this Website and others) that you visit. You should make your parent/legal guardian aware that you are using the Website – as these Terms and Conditions and your use of the Website affect their legal rights and obligations.
Anyone who uses our site shall abide by all applicable federal, state and/or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity (not you, of course), indecency, and copyright or trademark infringement (“Applicable Law”) – and inappropriateness as we determine it.
A. Content.
This Website contains materials and other items relating to Battat, its products and services, and similar items from our partners, friends and other third parties. These materials may be in the form of any or all of the following : (i) information, text, data, images, graphics, illustrations, photographs, audio clips, music, sounds, pictures, videos, information, files, scripts, designs, button icons, instructions, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Website, and the compilation, assembly, and arrangement of the materials of the Website, and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Battat (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). In using this Website, you must respect the intellectual property rights of Battat and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws.
B. Ownership.
The Website, and all Content included therein, is either owned or used with permission by Battat. Battat disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Battat.
C. Limited License.
Subject to your strict compliance with these Terms and Conditions, Battat grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Website explicitly for you for use as part of your User-Generated Content (defined in Section II below), but only for such purposes as may be explicitly stated at the time that the Content made available on the Website. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Battat’s sole discretion, and without advance notice or liability.
D. Rights of Others.
In using the Website, you must respect the intellectual property and other rights of Battat and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Battat respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Website, then please see Section 5 below.
E. Reservation of Rights.
These Terms and Conditions include only narrow, limited grants of rights to you to the Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Battat and its licensors and other third parties. Any unauthorized use of any Content or the Website for any purpose is prohibited.
A. User-Generated Content.
1. General
Battat may now or in the future offer visitors to the Website the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). Battat may do this through blogs, Internet-based creation tools, social networking environments, email, and other forms of communications and/or interactive functionality.
If you are a minor in your state of residence, you must have your parent/legal guardian’s permission to submit User-Generated Content. We reserve the right to request at any time proof of the permissions referred to in this Section II in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Website.
2. Grant of Rights in User-Generated Content
By submitting any User-Generated Content, you grant to Battat a non-exclusive, unlimited, unrestricted, worldwide, perpetual, transferable, sublicensable right to use, copy, store, edit, modify, transcode, transcribe, translate, reformat, perform, display, publish, distribute, transmit, sell, make derivative works from, and otherwise exploit your User-Generated Content for any purpose whatsoever (commercial or non-commercial), in any media now known or later invented, and to advertise and promote the same, without any compensation to you or any obligation on Battat to notify you or obtain your approval. In addition to this basic grant of license, you may at times be asked to grant additional rights to Battat, in which event both grants of rights shall apply to you. In the event of a direct conflict between a specific grant of rights and the general grant of rights, which cannot be resolved through reasonable interpretation, the general grant of rights described above shall control.
3. Non-Confidentiality of Your User-Generated Content
Except as otherwise described in the Website’s posted Privacy Policy, you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary and will not be returned, and (b) Battat does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Battat’s request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with these Terms and Conditions. You acknowledge that the Internet may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content.
4. Battat’s Exclusive Right to Manage All User-Generated Content
Battat may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Battat may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. Battat reserves the right to treat User-Generated Content on the Website as content stored at the direction of users for which Battat will not exercise control except to block or remove content that comes to Battat’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to Battat, or to enforce the rights of third parties or the content restrictions set forth below in the Community Rules (defined in Section II.B below) when notice of their violation comes to Battat’s attention. Such User-Generated Content submitted by you or others need not, however, be maintained on the Website by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Website.
5. Representations and Warranties Related to Your User-Generated Content
Each time you submit any User-Generated Content, you represent and warrant that (i) you are at least the age of majority in the state in which you reside, or you are the parent/legal guardian of a minor who has created certain User-Generated Content that you wish to submit to the Website; (ii) you and/or your child are the sole author(s) and owner(s) of the intellectual property and other rights to the User Generated Content;(iii) he User-Generated Content is accurate; (iv) the User-Generated Content does not and, as to Battat’s permitted uses and exploitation set forth in these Terms and Conditions, will not infringe any intellectual property or other right of any third party; and (iv) the User-Generated Content will not violate these Terms and Conditions (including the Community Rules), or cause injury or harm to any person.
6. Enforcement
You are responsible for the content of any information you put on OGdolls.com. Battat has no obligation to monitor or control any information that is or becomes available on OGdolls.com. Battat reserves the right to review any information that is or becomes available on the site and reserves the right to refuse to post or to remove any information that is, in Battat’s sole discretion, unacceptable, undesirable or inappropriate – as we determine – or in violation of these rules.
Battat has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Battat’s cost and expense, to which you hereby consent and irrevocably appoint Battat as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B. Community Rules.
As a user of the Website, these Community Rules (“Community Rules”) are here to help you understand the conduct that is expected of members of the Website. Your use of the Website, and your submission of User-Generated Content, is subject to the following Community Rules:
Act Appropriately. You must not do any of the following, as Battat deems this to be inappropriate use of the Website and your ability to submit User-Generated Content:
• Feature material in User-Generated Content that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• Act in any way that is, in our opinion, inappropriate, indecent, obscene, harrassing, hateful, tortious, defamatory, slanderous or libelous (or is capable of being interpreted as any of the above);
• Act in any way that, in our opinion, promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age (or is capable of being interpreted as doing any of the above); or
• Contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where submission is created.
The above rules apply to anything you submit as User-Generated Content as well as your general use of the Website.
Be Yourself; Don’t Be Someone Else. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
Privacy Is Important. Please remember that the Website is a public forum and User-Generated Content that you submit on the Website may be accessible and viewable by other users. Do not submit personally identifiable information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) through User-Generated Content and take care when disclosing this type of information to others (whether on the Website or in any other fashion).
Click here to learn more about our Privacy Policy.
Don’t Share Other People’s Personal Information. Your User-Generated Content must not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless , and in the form and by the method, specifically requested by Battat.
When using the website in any way, you agree that you will not:
(a) act in any way that violates the Community Rules;
(b) reverse engineer, decompile, disassemble, reverse assemble, or modify any Website source or object code or any software or other products, services, or processes accessible through any portion of the Website;
(c) engage in any activity that interferes with a user’s access to the Website or the proper operation of the Website, or otherwise causes harm to the Website, Battat, or other users of the Website;
(d) interfere with or circumvent any security feature of the Website or any feature that restricts or enforces limitations on use of or access to the Website, the Content, or the User-Generated Content;
(e) monitor, gather, copy, or distribute Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
(f) frame or utilize framing techniques to enclose any Content (including any images, text, or page layout);
(g) use the Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands;
(h) make any modifications to the Content (other than to the extent of your permitted use of your User-Generated Content, if applicable);
(i) modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms and Conditions or with the prior written consent of an officer of Battat;
(j) post, transmit, insert, or make available any code or programming, including without limitation a computer virus, Trojan horse, timebomb, worm or other rogue programming (“Rogue Programming”), that can to manipulate the Content or the Website in any way that would adversely affects any user experience; or
(k) otherwise violate these Terms and Conditions.
A. Links.
From time to time our site will connect users to other sites. We always do our best to connect only with sites that live up to our standards of ethics and good taste; however, we cannot be responsible for content on sites outside of our own.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Website (including on or via linked websites or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Battat disclaims all liability in connection therewith.
B. Store Locator.
To the best of our ability we maintain information on retailers who carry our products. Most or all of this information is provided by our retailers, who are responsible for its accuracy. In all cases we recommend that you contact the retailer directly to inquire about the availability of specific products.
A. Privacy of Such Communications.
You are cautioned that any online communication may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should also be aware that some administrative personnel of Battat might, in the course of their regular duties, have access to communications for technical or operational purposes. Battat may also disclose any communications to the extent permitted or required by law.
B. Communications about Infringing User-Generated Content.
Battat expressly disclaims any and all liability in connection with User-Generated Content submitted to the Website. Battat does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Battat will remove all submissions if properly notified that such submission infringes on another’s intellectual property rights. Battat reserves the right to remove submissions without prior notice. Battat will also terminate a person’s access to the Website if that person is determined to be, in the sole discretion of Battat, a repeat infringer.
If you are a copyright owner or an agent thereof and believe that any submission or other content infringes upon your copyrights, you may submit a notification at OGdolls@battatco.com or at Battat, Incorporated, 1560 Military Turnpike, Plattsburgh, NY 12901.
C. Unsolicited Ideas and Materials Prohibited.
Battat does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, or designs for toys, games, dolls, videogames, books, scripts, screenplays, motion pictures, television shows, theatrical productions, music productions, or webisodes (collectively, “Unsolicited Ideas and Materials”). Therefore, you must not send to Battat (even within any of your User-Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via the Website are deemed User-Generated Content and licensed to us as set forth above.
If you send us any of your Unsolicited Ideas and Materials despite our request that you not do so, it’s likely they’re identical or substantially similar to ideas, concepts, and materials that, in the past, were developed by our staff or submitted to us by others. Likewise, in the future we may, without any reference to any of your Unsolicited Ideas and Materials, develop or receive from others ideas, concepts, and materials that are identical or substantially similar to your Unsolicited Ideas and Materials.
Battat’s receipt of your Unsolicited Ideas and Materials is not an admission by Battat of their novelty, priority, or originality, and it does not impair Battat’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
D. No Confidential or Special Relationship With Battat.
Except as otherwise specifically described in the Website’s Privacy Policy, your relationship with Battat is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials, and anything else submitted by you (such as any questions, comments, answers, correspondence, postings, and the like) will be treated as non-confidential and non-proprietary User-Generated Content – regardless of whether you mark them “confidential”, “proprietary”, or the like. Battat will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing. Therefore, your decision to submit any Unsolicited Ideas and Materials to Battat does not place Battat in a position that is any different from the position held by members of the general public with regard to your Unsolicited Ideas and Materials.
A. Limitation of Liability
Battat is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors or omissions arising out of your use of this site or with respect to the information and material contained on this site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. To the fullest extent permissible pursuant to applicable law, Battat and their respective officers, directors, employees, agents, licensors, representatives and third-party providers to the site will not be liable for damages of any kind, including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages that may result from the use of, or the inability to use the materials contained on this site, whether the material is provided or otherwise supplied by Battat or any third party.
Notwithstanding the foregoing, in no event shall Battat’s liability to you for any and all claims, damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this site.
B. Waiver of Injunctive or Other Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER-GENERATED CONTENT, UNSOLICITED IDEAS AND MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY BATTAT (INCLUDING YOUR USER-GENERATED CONTENT) OR A LICENSOR OF BATTAT.
A. Updates to these Terms and Conditions.
Battat reserves the right to modify these Terms and Conditions, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website, and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and Conditions on a regular and frequent basis. The Updated Terms will be effective as of the time that Battat posts them on the home page of the Website, or such later date as may be specified in them.
B. Dispute Resolution
These Terms and Conditions will be governed by and construed in accordance with the laws of New York State without regard to its conflicts of law provisions.
Any and all controversies, claims or disputes arising out of or related to the use of the Website or subject matter or the interpretation, performance or breach of these Terms and Conditions, including, but not limited to, alleged violations of state or federal statutory or common law, contractual rights or duties, and the determination of the scope or applicability of these Terms and Conditions to arbitrate (“Dispute”) shall be resolved as follows. First, the parties agree to attempt to resolve any Disputes through good faith negotiations. If this fails, and before bringing any lawsuits, the parties agree to submit any such disputes to mediation in New York, New York, before the Judicial Arbitration and Mediation Services (“JAMS”), or any successor entity, pursuant to its mediation rules and procedures, except to the extent that the parties agree to modify those rules and procedures. When a demand for mediation is made, the parties will within ten (10) days jointly arrange for mediation. Any negotiation or mediation which takes place pursuant to these Terms of Use shall be confidential and shall be treated as a compromise and settlement negotiation for purposes of the Federal Rules of Evidence and New York state rules of evidence. In the event of an unsuccessful mediation, the parties may institute a lawsuit for damages. The parties agree that the state and federal courts of New York, New York, will have the exclusive jurisdiction for any and all lawsuits which involve a Dispute. The parties hereby consent to jurisdiction in that venue. THE PARTIES AGREE THAT THE REMEDY FOR ANY DISPUTE SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES OR TO RESCIND THE AGREEMENT TO THESE TERMS AND CONDITIONS OR SEEK
C. Indemnity.
You agree to, and you hereby, defend, indemnify, and hold harmless Battat, its parent, subsidiary, and affiliate companies, its licensors, its agents, its vendors, and all officers, directors, and employees of any of the above (collectively, the “Released Parties”) from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including reasonable attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User-Generated Content; (ii) your use of the Website and your activities in connection with the Website; (iii) your breach or anticipatory breach of these Terms and Conditions; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use of the Website or your activities in connection with the Websites; (v) information or material submitted by your or at your direction or encouragement that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you, whether express or implied; and (vii) Released Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Released Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, the Released Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The Released Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Released Party.
D. Severability; Interpretation.
If any provision of these Terms and Conditions is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms and Conditions, the word will be deemed to mean “including, without limitation,”.
E. Investigations; Cooperation with Law Enforcement
Battat reserves the right, without any limitation, to take any steps it deems in its sole discretion is necessary to: (i) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and Conditions, (iii) investigate any information obtained by Battat in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, and/or (v) prosecute violators of these Terms and Conditions. Such steps may include a temporary violation of these Terms and Conditions or our Privacy Policy (but only to the extent required to do any of the above), termination of your access to the Website, or discontinuance of the Website, in whole or in part.
F. Termination of these Terms and Conditions; Website Discontinuance.
Battat reserves the right to discontinue the Website, in whole or in part, at any time, for any reason and may suspend or terminate your access to it, in whole or in part, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension of the Website or termination of your access thereto will not affect your obligations to Battat under these Terms and Conditions. Upon suspension of the Website or termination of your access to the Website, or upon notice from Battat, all rights granted to you under these Terms and Conditions will cease immediately, and you agree that you will immediately discontinue use of the Website. The provisions of these Terms and Conditions, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Battat in these Terms and Conditions, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and other similar provisions.
G. Assignment.
Battat may assign its rights and obligations under these Terms and Conditions, in whole or in part, to any party at any time without any notice. These Terms and Conditions may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Battat.
H. No Waiver.
Except as expressly set forth in these Terms and Conditions (i) no failure or delay by you or Battat in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms and Conditions will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Still reading? Wow, we won’t be surprised if you become a lawyer when you’re older. Or someone who is responsible for writing Internet legal copy. But whatever you set your mind to, we’re sure you’ll achieve it. Speaking of which, we thank you for setting your sights on our site.
