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LEGAL INFORMATION AND NOTICES

Use of Site

You have arrived at the web site of My Little O, the online source for local news, located at mylittleo.com (the “Site”). The Site is the property of My Little O, a sole proprietorship of Michael C. Locke (“My Little O” or “we” or “us”), which aims to provide you with continually updated news and information about the neighborhoods of Fort Greene and Clinton Hill, Brooklyn. To further this goal, My Little O has created these terms and conditions, which, together with the Privacy Policy and any other legal documents created by My Little O and linked to via this or the home page, sets forth conditions for use of the Site (collectively, the “Terms of Use”). BY USING THE SITE, YOU AGREE TO THE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

My Little O reserves the right, in its sole discretion, to add, remove and amend existing portions of the Terms of Use at any time and from time to time. All changes will take effect upon being posted to the Site and may also be viewed by you from your web browser by subscribing to the Site’s RSS feed. Whether by checking the Site periodically or by clicking on the RSS icon on the home page and subscribing to “Legal Information and Notices”, you are responsible for remaining current with the latest version of the Terms of Use. Your continued use of the Site once changes have been posted indicates that you have accepted and agreed to the changes. As long as you are complying with the Terms of Use, My Little O grants you a personal, non-exclusive, non-transferable, limited privilege to use the Site.

Site Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, sounds, music, artwork, audiovisual works, and computer code (collectively, “Content”) contained in the Site belong to or are licensed by My Little O. This includes the design, layout, selection, coordination and expression of the Content, as well as the overall “look and feel” of the Site. All of the foregoing are protected by various intellectual property rights and unfair competition laws and remain under our control.

Except as expressly permitted in the Terms of Use, no part of the Site and no Content may be copied, republished, uploaded, posted, publicly displayed, broadcast, networked, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium existing now or in the future. No part of the Content or Site may be excerpted for commercial exploitation. If you wish to do any of these things, you may only do so with the express written permission of an authorized representative of My Little O. An exception would be Content (such as articles for personal use) purposely made available to readers by My Little O for downloading from the Site. However, in these cases, you must not (1) remove any proprietary language or legends identifying the downloads as the property of My Little O, (2) use the Content in question for commercial purposes, (3) modify the Content in any way, or (4) make any promises, representations or warranties about or relating to the Content.

Your Use of the Site
The limited privilege granted you to use and enjoy the Site is expressly conditioned upon, among other things, your agreement to refrain from acts that alter, dismantle, circumvent, take any actions that could distort server logs, or in any other way impede or disable the proper and normal working of the Site. My Little O reserves the right to bar any such activity and to terminate your membership for such violations.

By way of example, you may not use any “robot”, “spider” or other equivalent methodology, program, device or means to access the Site or acquire information about it in ways not purposely made available by My Little O. You may not circumvent the navigational structure of the Site or gain unauthorized access to portions or features of the Site (or to connected servers or networks) by hacking or password “mining” or other illegitimate or unobvious means.

You may not probe, scan or test the exposure of the Site or of any network connected to the Site, nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or take a step toward tracing any information on any other user of or visitor to the Site, or otherwise seek to uncover information that you are not entitled to have, including but not limited to personal identifying information other than your own.

You agree that you will not initiate any action that results or might result in the imposition of an unreasonable or disproportionate load of data on the infrastructure of the Site or on any systems or networks connected to the Site.

You agree to refrain from all attempts to interfere with any transaction being conducted on the Site, or with any other person’s use of the Site.

You agree you will not present “hot news” items or other exclusive stories breaking on the Site as your own or in any way misrepresent the origin of such information, including by replacing headers or cropping designations and identifiers on articles sourced from the Site, or failing to give proper attribution.

You shall not represent yourself to the Site at any time as being any individual or entity who goes by any name besides your proper legal name or the username assigned by the Site. All impersonations of other users are in violation of the Terms of Use.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by the Terms of Use, nor may you solicit the performance of or promote any illegal activity or activity that infringes the rights of My Little O, its users, or third parties.

User-Generated Content
You acknowledge that all postings, messages, text, files, images, graphics, photos, video, audio clips, sounds, advertisements, or other materials posted on, transmitted through, or independently linked to from The Site (“UGC”) are the sole responsibility of the person who generated these contributions. My Little O does not prescreen user contributions, either yours or another user’s. My Little O will make a good-faith effort to investigate complaints about user content that it receives, and it expressly retains the right, though not the responsibility, to edit or remove UGC upon receiving any such complaints or for any reason. However, My Little O makes no warranties or promises that it will remove UGC or prevent its display, even if the UGC is alleged to violate the Terms of Use or applicable law. My Little O will bear no liability for any action it takes or fails to take in connection with UGC, even in the case of content you may find offensive or in violation of your rights.

Any contributions made by My Little O or its agents, contractors, or employees, is provided on an “AS IS” basis without warranties or rights to rely of any kind.

You are entirely responsible for all UGC that you post, email or otherwise make available via the Site, both with respect to its impact on others and on yourself. Be constructive in what you post. Remember, you will bear any legal consequences arising from any defamatory, harmful, indecent, harassing, discriminatory, abusive, vulgar, obscene, intrusive upon a person’s privacy, or otherwise objectionable or unlawful material published by you. In availing yourself of any interactive areas or classified opportunities on the Site, please respect your fellow users and adhere to prevailing standards of propriety, decency and good conduct. This also means you must honor others’ intellectual property rights. Do not upload another person’s work or element of another person’s work in any medium, You must never incorporate third-party marks either in your submissions or in classified unless the use being made of this material is in accordance with the requirements of copyright, trademark and unfair competition laws, as well as other relevant laws, rules, and requirements.

For your own safety, we discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. Usernames that reveal personal identifying information carry the same warning. If you disclose such information, either through postings articles, comments, blogs, or in classifieds on the Site, we will not necessarily remove it. Accordingly, you make these disclosure s fully understanding that they could have unwelcome repercussions for which My Little O will not be responsible.

You agree not to upload UGC whose main purpose could reasonably be construed to be the sale, promotion or exploitation of your product, business or personality, except in areas specifically designated for such purpose.

In uploading UGC to The Site, you represent and warrant you own or control or otherwise have all necessary rights to provide the UGC in the manner in which you have provided it. You represent and warrant that you have all necessary rights to grant My Little O an unrestricted license in the material contained in the material submitted, as more fully described below.

Each time you upload content, photos, reviews, etc., you agree to grant My Little O a non-exclusive, worldwide, perpetual, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights over that material, including all the individual elements that form that material, of whatever nature. This means that we will be free to use this material in any manner, in any form, media, software or technology of any kind now existing or hereinafter developed, including by licensing it to third parties without compensation to you, and even after you have ceased to subscribe. If you do not wish to grant this license and want to retain control over the material you are intending to submit, you should not post that content to the Site.

We have the right to keep all material you submit to the Site in your personal profile and disclose its contents at any time in the future in accordance with the Terms of Use.

We welcome your specific feedback about the Site. However, we ask that you provide it in the areas and format provided for this purpose and in accordance with all the terms of this Terms of Use. In addition, although My Little O appreciates your letting us know how we can best satisfy your needs, we are under no obligation to review your submissions. We are also under no obligation to keep any submissions confidential, so please consider how you will feel about the public exposure of your feedback before contacting us.

User Registration
To submit information to the Site, each user must have a unique user name and password combination. Please review My Little O’s Privacy Policy , which describes how My Little O collects, uses, and protects your personal information. My Little O cannot and will not be responsible for any problems or liability that may arise if you do not provide accurate, truthful and complete information.

It is up to you to protect the confidentiality of your username and password. My Little O cannot and will not be responsible for the results of their misuse by a third person or of their use by a third person with your consent. You may be held liable for any losses and damages arising under your account from the activities of unregistered users, whether such losses are incurred by us or a visitor to the Site.

You may not use another person’s account without first obtaining the account holder’s express consent. Any person who accesses the Site through the consensual use of the account holder’s confidential information will be deemed to have read and accepted the Terms of Use. You may be responsible for any losses or damages resulting from activities you conducted under another’s account.

You must be at least 18 years old to post to the Site. If you have not yet reached the age of majority, you must have your parent or guardian’s permissions to post to the Site. A person or guardian who grants a minor permission to use the Site will be deemed to have read and agreed to the Terms of Use.

If the account is created on behalf of an entity, you must be an authorized representative of the entity, and you must provide complete and accurate information about yourself and the entity you represent.

No account holder may create multiple profiles or provide email addresses not their own.

We reserve the right to close your account at any time for any or no reason. My Little O disclaims all liability to third parties related to the deactivation of your account.

Third Party Content, Sites, and Services

The Site and its Content may contain links to other third-party web sites, which are completely independent of the Site and provided solely as a convenience to our visitors. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such web site, nor do we endorse any of the content or information they contain. Please bear in mind thatyou will have no recourse to My Little O should you suffer harm from your interactions with these web sites. You will need to determine for yourself whether to link to these web sites and if and how to interact with them once you have. Any transactions conducted with persons or entities they represent is strictly between you and them.

Interactions with third-party organizations or persons found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Although My Little O takes user complaints seriously and you are welcome to contact us if you have an unsatisfactory experience, My Little O is not a party to these transactions. This means we will not make you whole if a dispute arises. My Little O makes no representation about sellers or buyers of products or services advertising on or found through the Site. My Little O does not endorse products and services advertised on or found through the Site unless My Little O explicitly states such endorsement in writing. My Little O does not warranty third-party goods or services advertised on or found through the Site.


Claims of Copyright Infringement

The following terms, which are hereby incorporated by reference, also govern and apply to your use of the Site. Please review them carefully.

Copyright Infringement

Disclaimers
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” BASIS. MY LITTLE O DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MY LITTLE O DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBITY FOR YOUR USE OF THE SITE AND ANY LINKED WEB SITES.

TO THE FULLEST EXTENT PERMITTED BY LAW, MY LITTLE O DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, UNINTERRUPTEDNESS, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MY LITTLE O DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MY LITTLE O DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL MY LITTLE O, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS, BE LIABLE FOR DAMAGES, WHETHER ARISING IN CONTRACT OR TORT, IN EXCESS OF THE SUBSCRIPTION AMOUNT ACTUALLY PAID BY THE SUBSCRIBER. UNDER NO CIRCUMSTANCES WILL MY LITTLE O, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MY LITTLE O HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM YOUR OR ANOTHER’S USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR A USER ACCOUNT. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS DIRECTLY OR INDIRECTLY RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR LINKED TO FROM THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold My Little O, its officers, directors, shareholders, employees agents, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against My Little O by any third party due to or arising out of or in connection with your violation of the Terms of Use.

Violations of Terms of Use
My Little O may disclose any information we have about you (including your past transmissons) if we determine in our discretion that such disclosure will further any investigation or complaint regarding your use of the Site. We may disclose this information to help us identify, contact, or bring legal action against someone who may be interfering with the functioning of the Site or with our rights or property or those of our visitors. My Little O reserves the right at all times to disclose whatever information it has in its possession if such disclosure proves necessary to comply with any applicable law, regulation, legal proceeding or governmental request. My Little O also reserves the right to disclose your information should it determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud-protection purposes. My Little O may disclose information about you to enforce the Terms of Use.

You agree that My Little O may, in its sole discretion and without advance notice, terminate your right to use the Site for cause. Grounds for such termination includes but are not limited to (i) government advice, (ii) defunct or deleted account information, (iii) a discontinuance or revamping of the Site, or (4) unanticipated technical issues.

If My Little O does take any legal action against you as a result of your violation of the Terms of Use, My Little O will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to My Little O. You agree that My Little O will not be liable to you or to any third party for termination of your access to the Site as a result of any such violation.

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes with My Little O, will be governed by the laws of the State of New York without regard to its conflict of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Kings County, New York, and waive any objection to such jurisdiction or venue. Any claim under the Terms of Use must be brought within one (1) year after the cause of action occurs, or such claim or cause of action is barred.

Miscellaneous
You may not use or export any Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any provisions of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms of Use, so that the Terms of Use shall remain in full force and effect.

The Terms of Use constitute the entire agreement between you and My Little O with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded.  You acknowledge that, in agreeing to the Terms of Use, you are agreeing to the express terms set forth in the Terms of Use, and you have not relied on any representation, warranty, collateral contract or other assurances made by or on behalf of another person, or any representation, warranty, etc., made anywhere on the Site itself other than in this Terms of Use.

The Terms of Use shall not be interpreted or construed to confer any rights or rememdies on any third parties.


Updated by My Little O on 9/1/09