1. Introduction
These terms and conditions (the “Terms”) apply to your use of the Overbrook Marketing website located at www.overbrookmarketing.com (the “Site”). By accessing and using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.
2. Ownership of Intellectual Property
The content of the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Overbrook Marketing and are subject to copyright and other intellectual property rights under United States and foreign laws. Content on the Site is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Overbrook Marketing.
3. Limitations on Use
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
a. In any way that violates any applicable federal, state, local, or international law or regulation.
b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
c. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
d. To impersonate or attempt to impersonate Overbrook Marketing, an Overbrook Marketing employee, another user, or any other person or entity.
e. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Overbrook Marketing, may harm Overbrook Marketing or users of the Site or expose them to liability.
4. User Content
The Site may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, photographs, videos, and audio (collectively, “User Content”). You retain all rights in, and are solely responsible for, the User Content you make available through the Site.
By making any User Content available through the Site, you grant to Overbrook Marketing a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site and Overbrook Marketing’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, releases, and permissions necessary to grant the rights granted in these Terms; and (ii) neither the User Content, your submission, upload, publication, or other transmission of User Content, nor Overbrook Marketing use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy.
5. Disclaimer of Warranties
The Site and its Content are provided on an “as is” basis. Overbrook Marketing makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. You expressly agree that your use of the Site is at your sole risk.
To the full extent permissible by applicable law, Overbrook Marketing disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Overbrook Marketing does not warrant that the Site, its servers, or e-mail sent from Overbrook Marketing are free of viruses or other harmful components. Overbrook Marketing will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6. Limitation of Liability
In no event shall Overbrook Marketing, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Site by any third party, and/or (vi) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, transmitted, or otherwise made available via the Site.
7. Indemnification
You agree to indemnify, defend, and hold harmless Overbrook Marketing, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
8. Termination
Overbrook Marketing reserves the right, in its sole discretion, to terminate or suspend all or a portion of the Site, or your use of all or a portion of the Site, at any time and for any reason, with or without notice and with or without cause.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
10. Dispute Resolution
Any dispute arising from or relating to these Terms shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such arbitration shall take place in the State of California, United States.
11. Miscellaneous
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms constitute the entire agreement between Overbrook Marketing and you with respect to the use of the Site.
Overbrook Marketing’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
12. Changes to Terms
Overbrook Marketing reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes to these Terms means you accept and agree to the changes. It is your responsibility to regularly check the Site for updates to these Terms.
13. Contact Information
If you have any questions about these Terms, please contact Overbrook Marketing at service@overbrookmarketing.com .
14. Copyright and Trademark Notice
The Content on the Site is protected by United States and international copyright and trademark laws. The copying, redistribution, use, or publication by you of any part of the Site or the Content is strictly prohibited. Your use of the Site does not grant you any ownership rights to the Content. The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of Overbrook Marketing, and others, and are protected by United States and international trademark laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of Overbrook Marketing or such third party that may own the Trademarks. The use of any Trademarks as part of a link to or from any site is prohibited unless Overbrook Marketing approves the establishment of such a link by prior written agreement.
15. Copyright Infringement Notice
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide Overbrook Marketing with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact Information for Notice of Claims of Copyright Infringement Overbrook Marketing’s designated agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent Overbrook Marketing service@overbrookmarketing.com.
These Terms and Conditions were last updated on 02/05/23.