Brooklyn Heights Association Terms of Use Agreement (“Agreement”)
Last Updated: December 12, 2016
Welcome to the Brooklyn Heights Association (the “BHA”). The BHA provides this website (the “Site”) at https://thebha.org in support of its mission to preserve and strengthen the quality of life of residents and businesses in Brooklyn Heights, New York.
Please read these Terms and Conditions completely and carefully. This Agreement documents the legally binding terms and conditions attached to the use of the Site.
By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, user agrees to be bound by the Terms of Use (“Agreement”), which apply to (a) www.the bha.org and all corresponding subdomains, web pages, and websites associated with the foregoing URL (the “Site”), (b) any mobile, web, console, desktop, and other applications provided by or on behalf of the BHA, which may be made available on the iOS, Android, and/or other operating systems and platforms (collectively, “Apps”), and (c) any other content, applications, systems, features, functionality, software, information, products, and services offered by us, including, without limitation, application/device-based features and related technology (collectively (i.e., the subsections (a), (b) and (c) above). This Agreement applies whether you are accessing the Site via a personal computer, a wireless or mobile device, or any other technology or device (each, a “Device”).
In addition, when using the Site, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Agreement.
This Agreement shall remain in full force and effect while you use the Site. Any participation in this Site will constitute acceptance of this Agreement. You may terminate your use of the Site at any time, for any reason. If you do not agree to abide by the above, please do not use this Site.
This Site and all of its original content are the sole property of the BHA and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws. The term “Content” includes, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Site.
Users may download content for their own use. However, users must cite the author and source of the Content and the citations should include the URL http://thebha.org, but not in any way that implies endorsement of the user or the user’s use of the content. By downloading, printing or otherwise using the Site and its contents, users agree to limit their use of such files to non-commercial, educational, personal, or for fair use, and will not violate the BHA’s or any other party’s proprietary rights.
You are solely responsible for your conduct in connection with the Site. The use of the Site for unlawful or harmful activities is expressly prohibited. You represent, warrant, and agree that, while using the Site, you shall not: (a) intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, publicity or other rights of the BHA or of any other person or entity; or (b) submit, post, email, display, transmit, or otherwise make available on, through or in connection with the Site any material or take any action that is or is likely to be harmful, threatening, abusive, defamatory, libelous, deceptive, fraudulent, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts, contains a link to an adult website, or is patently offensive, promotes racism, bigotry, hatred, or physical harm of an kind against any other individual or group.
You further represent, warrant, and agree that you will not intentionally or unintentionally engage in or encourage conduct that adversely affects or reflects negatively on the BHA and its goodwill, name or reputation.
The BHA reserves the right to take appropriate legal action against anyone who, in the BHA’s sole discretion, violates this section.
Should any user of the Site believe that their intellectual property rights have been infringed upon by the Site, they should contact the BHA at info@thebha.org or by sending written notice of the claimed infringement to the:
Brooklyn Heights Association
55 Pierrepont Street, 17D
Brooklyn, NY 11201
The BHA may make available certain transactions, content, and other e-commerce service, including without limitation, the ability to purchase goods and services on and/or in connection with the Site. You may only use these services if you are 18 years of age or older. You agree to pay in full the prices and applicable fees for any purchases you make via and Authorized Payment Method. The Site accepts certain methods of payment which will be so indicated when making the transaction, subject to certain limitations including, without limitation, bank/[payment card restrictions, spending limits, third party service provider restrictions, or otherwise, which prevent the processing of your transaction. If a transaction has been declined online due to payment care issues, the user must ensure that all data is correct and resubmit. If the transaction is not accepted online, the user should use another Authorize Payment Method.
The BHA reserves the right to modify these terms and conditions at any time, without notice to do, for any reason, in our sole discretion. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new terms and conditions.
Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the site immediately.
We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Site, you may be required or asked to provide certain personal or personalized information to us. Our information and use policies with respect to the privacy of such Personal Information are set forth in the Privacy Policy. You are encouraged to read the Privacy Policy and to use it make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of any personal information you provide us.
Our Site contains a number of links to other websites and online resources that are not owned by the BHA. The BHA has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our Site.
This Site and its components are offered for informational purposes only. Accordingly, this Site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available by the Site, and shall not be responsible or liable for any errors or omissions in that information. Additionally, this Site shall not be responsible or liable for the use of any information on the Site or from any and all use of the Site.
You agree to defend, indemnify, and hold the BHA and its Governors, officers, employees, representatives, and agents free from any all claims, liabilities, damages, losses, costs and expenses, including reasonable attorney’s fees, arising in any way out of your use of the Site or your breach of this Agreement. The BHA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
This Agreement is governed in accordance by, construed, and enforced in accordance with the laws of the State of New York.
This Agreement, and any rights, licenses, and privileges granted herein, may not be transferred or assigned by you.
If you have any questions about this Agreement, please feel free to contact us at info@thebha.org.