Effective Date: March 13, 2017
SN37 WEBSITE TERMS OF USE
ACCESS TO AND USE OF THIS WEBSITE IS PROVIDED BY SN37 SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
1. Acceptance www.sn37agency.com (the "Website") is a website operated by SN37 ("SN37"), a limited liability company based in New York at 44 Lispenard Street, New York, New York 10013. By visiting and using the Website, you agree, without limitation or qualification, to be bound by these terms and conditions of use (the “Terms of Use”), the SN37 Privacy Policy (the “Privacy Policy”) and the SN37 Cookies Policy (the "Cookies Policy") incorporated herein by reference. Where permitted by local law, SN37 reserves the right to modify or revise the Terms of Use, in its sole discretion, at any time. By visiting and using the Website, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. We recommend that Website users review the most up-to-date version of the Terms of Use periodically. We do not guarantee that the Website, or the Contents (as described in more detail below), will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them. The materials provided on the Website are protected by applicable law, including, but not limited to, United States copyright laws and international treaties.
2. Personal Information The personal information you submit to SN37 and which is collected from you is governed by the SN37 Privacy Policy and Cookies Policy. To the extent there is an inconsistency between these Terms of Use and the Privacy Policy and/or Cookies Policy, the Privacy Policy and/or Cookies Policy as applicable shall govern. You are responsible for providing information that is accurate, current and complete. If you provide information that is not accurate, current or complete, or if SN37 has reason to believe that information you provided is not accurate, current or complete, SN37 has the right to prohibit you from any and all future use of the Website.
3. Use Restrictions The content on the Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from SN37 licensors, and other materials (the “Contents”) is protected by intellectual property rights under both United States and foreign laws. Ownership of the Contents - in other words, ownership of all intellectual property rights in such Contents - remains with SN37 or our licensors. All rights not expressly granted herein are reserved to SN37 and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Except as otherwise stated herein, you may not, without SN37’s written permission, “mirror” any Contents contained in the Website or any other server and you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Contents other than as expressly authorized by SN37 in writing. You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, including to defame, harass, stalk, threaten, abuse or otherwise violate the rights of a third party as defined by applicable law. SN37 authorizes you to view and download a single copy of the Website and Contents. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Contents. Where applicable, you shall include the following copyright notice: “Copyright © 2016, SN37 All rights reserved”. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. You may not use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means. SN37 reserves the right, in its sole discretion, to terminate your access to the Website, or any portion thereof, at any time, if there is a justifiable reason, without prior notice or any notice. If, for any reason, you create any derivatives, modifications or improvements to the Contents ("Derivatives"), all right, title and interest (including existing and future intellectual property rights) in such Derivatives ("Derivative Rights") vest in SN37 immediately upon creation. You hereby assign to SN37 with full title guarantee all right, title and interest in all such Derivative Rights. You represent and warrant that use by SN37 or its licensees of the Derivative Rights will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.
4. Submission of Ideas ISN37 does not accept submissions of any kind through the Website (e.g., materials, ideas, suggestions, know-how, or concepts, other than those expressly sought through permitted use of the Website) or otherwise. All submissions, other than those expressly sought through permitted use of the Website, may be deleted unread or destroyed, at SN37’s discretion. You hereby grant to SN37 an irrevocable, perpetual, royalty-free license (including the right to sublicense to third parties) to exercise the intellectual property rights in any submissions made by you or on your behalf in connection with the Website ("Licensed Submissions"). You represent and warrant that use by SN37 or its licensees of the Licensed Submissions will not infringe the intellectual property rights or other rights of any third party.
5. Hyperlinks from the Website The Website may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). SN37 does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. SN37 is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Website does not indicate SN37’s approval or endorsement thereof. If you choose to leave the Website to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
6. No Reliance on Information The material and Contents on the Website are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although SN37 makes reasonable efforts to update the information on the Website, SN37 makes no representations, warranties or guarantees, whether express or implied, that the information and/or Contents on the Website is accurate, complete or up-to-date.
7. Liability of SN37 and Its Licensors and Partners The use of the Website and/or the Contents is at your own risk. The Contents of the Website could include technical inaccuracies or typographical errors. SN37 may update the Website and/or may change the Contents at any time. However, please note that any of the Content on the Website may be out of date at any given time, and SN37 are under no obligation to update it. SN37 does not guarantee that the Website, or any of the Contents on it, will be free from errors or omissions. Subject to applicable law, SN37 will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use, the Website, or use of or reliance on any Contents displayed on the Website. SN37 will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Contents on it, or on any website linked to it. Except as otherwise expressly permitted herein, you agree not to use the Website for any commercial or business purposes, and subject to applicable law SN37 have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance, of the Website. To the extent permitted by applicable law, SN37 excludes all conditions, warranties, representation or other terms which may apply to the Website or any Contents on it, whether express or implied. Nothing in these Terms of Use excludes or limits SN37''s liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
8. Indemnity You will be responsible for and will be liable to us and indemnify us against any loss or damage suffered by SN37 as a result of your use of the Website or Contents other than as permitted under these Terms of Use. You agree to indemnify us in full against any third party liabilities, claims, costs, loss or damage incurred as a result of any breach by you of these Terms of Use.
9. General SN37 makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Website and Contents may not be legal by certain persons or in certain countries. If you access the Website and/or Contents from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of SN37 and its Licensors and Partners, No Reliance on Information, Use Restrictions, Submission of Ideas, Indemnity, Viruses, Trade Marks, Applicable Laws, Waiver and Severability and Complete Agreement.
10. Applicable Laws Subject to the provisions of applicable law, these Terms of Use are governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You and SN37 hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the Borough of Manhattan, New York, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use.
11. Waiver and Severability If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
12. Notice and Take Down Procedures If you believe the Contents (or any part thereof) accessible on or from the Website infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Website by contacting SN37 (address identified below) and providing the following information
1. iidentification of the work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
2. dentification of the Content that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content;
3. your name, address, telephone number, and (if available) email address.
4. a statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;
5. a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner;
6. a signature or the electronic equivalent from the intellectual property rights owner or authorized representative of the intellectual property rights owner.
Our address for intellectual property rights issues relating to the Website is as follows: SN37 Attn: Steven Chaiken, 44 Lispenard Street, New York, NY 10013 [hi@sn37agency.com].
In an effort to protect the rights of intellectual property rights owners, SN37 maintains a policy for the termination, in appropriate circumstances, of users of the Website who are repeat infringers
13. Trade Marks Unauthorized use of any SN37 trademark, service mark or logo is prohibited, and may be a violation of federal and state trademark law.
14. Viruses We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under applicable law. SN37 will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
15. Complete Agreement Except as expressly provided in a particular notice or disclaimer posted by or on behalf of SN37 on the Website, these Terms of Use, including the SN37 Privacy Policy and Cookies Policy, constitute the entire agreement between you and SN37 with respect to the use of the Website and Contents.
Effective Date: March 13, 2017
SN37 Website PRIVACY POLICY
[www.sn37agency.com] (the "Website") is a website operated by SN37 ("SN37", "we", "us", "our") are committed to protecting and respecting your privacy.
This Privacy Policy (together with our Terms of Use, Cookie Policy and any other documents referred to therein) sets out the basis on which any information (which may include personal information) we collect from you, or that you provide to us, through our website (the "Website") will be processed by us. Please read the following carefully to understand how we will treat your information before you provide us with any information about you.
BY VISITING THIS WEBSITE YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY (INCLUDING AS UPDATED OR AMENDED FROM TIME TO TIME). IF, FOR ANY REASON, YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE STOP USING THE WEBSITE IMMEDIATELY. Please click on the sections below to learn more about our Privacy Policy:
WHO WE ARE
INFORMATION WE MAY COLLECT FROM YOU
INFORMATION WE COLLECT FROM OTHER SOURCES
HOW YOUR INFORMATION MAY BE USED
DISCLOSURES OF YOUR INFORMATION
STORAGE AND TRANSFER OF INFORMATION
COOKIES
CHILDREN
YOUR CALIFORNIA PRIVACY RIGHTS
YOUR EU AND OTHER PRIVACY RIGHTS
YOUR CHOICES
SECURITY
LINKS TO THIRD PARTY WEBSITES
CHANGES TO OUR PRIVACY POLICY
CONTACT
WHO WE ARE This Website is operated by SN37. As used in this Privacy Policy, the terms "SN37 Companies", "we", "us" and "our" refer to SN37 and all entities it controls, is controlled by or is under common control with, including parents, subsidiaries, joint ventures or other entities in whom SN37 has a substantial ownership interest. Should you require a list of these entities, contact us as described in the “Contact” section below.
The data controller is SN37 of 44 Lispenard Street New York NY 10013.
INFORMATION WE MAY COLLECT FROM YOU When you use the Website, you may provide us with, and we may collect from you, information which relates to you, including your personal information.
You may provide us with your information in a number of ways, including:
completing forms on the Website (such as "Contact Us" forms);
corresponding with us by e-mail, phone or otherwise;
subscribing to email updates, newsletters or other subscriptions and features made available on the Website from time to time; and
reporting a problem or requesting support for the Website.
The information you give us may include your name, address, e-mail address, phone number, date of birth, educational institution, artist interested in and budget.
Information we collect about you.
With regard to each of your visits to our Website we may automatically collect the following information:
technical information, including IP address, login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
information about your visit, including the full URL clickstream to, through and from our Website (including date and time); and
pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
INFORMATION WE COLLECT FROM OTHER SOURCES We may receive information about you (including your personal information) if you use any of the other websites operated by the SN37 Companies or the other services the SN37 Companies provide. In this case we will inform you when we collect that information that it may be shared internally and combined with information collected on the Website. We may also receive and display information and content which you make publically available on your social media platforms.
We also work closely with third parties (including, for example, business partners, sub- contractors in technical services, advertising networks, analytics providers and search information providers) and may receive information about you from them.
HOW YOUR INFORMATION MAY BE USED We may use information held about you in the following ways:
Information you give to us. We will use this information to:
help us respond to your queries;
carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
send you our newsletter, email updates and other subscriptions which we make available from time to time and which you subscribe to receiving;
provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you;
notify you about changes to our services;
ensure that content from our Website is presented in the most effective manner for you and for your computer; and comply with legal and regulatory requirements.
Information we collect about you. We will use this information:
to administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to improve our Website to ensure that content is presented in the most effective manner for you and for your computer;
to allow you to participate in interactive features of our services, when you choose to do so; as part of our efforts to keep our Website safe and secure;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
to make suggestions and recommendations to you and other users of our Website about goods or services that may interest you or them; and
tto provide or permit third parties to provide targeted advertising via websites you visit about goods or services that you may find interesting (see more on this in our Cookies Policy ).
Information we receive from other sources.
We may combine information we receive from other sources with information you give to us and information we collect about you. We may use this combined information for the purposes set out above.
DISCLOSURE OF YOUR INFORMATION We may share your personal information with any SN37 Companies (including Appy Entertainment GmbH and Appy Entertainment LLC) and with selected third parties including:
business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you in order to provide you with a product or service;
business partners, suppliers and sub-contractors to provide you with information about promotions and offers;
aggregated, anonymised or other data to advertisers, advertising networks and social networks that require the data to select and serve relevant adverts to you and others. We may also use aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal information we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience; and
analytics and search engine providers that assist us in the improvement and optimisation of the Website.
We may disclose your personal information to third parties:
in the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets;
if the SN37 Companies that control this Website or substantially all of its assets are acquired by a third party, in which case personal information held by it about its customers will be one of the transferred assets;
if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in the event of an emergency, or in order to enforce or apply our terms of use and other agreements, or to protect the rights, property, or safety of the SN37 Companies, our customers, clients or others; and
to any other third party with your prior consent to do so.
STORAGE AND TRANSFER OF INFORMATION All the information you provide, including your personal information, may be processed and stored, transferred or accessed by entities around the world as described in this Privacy Policy. Specifically, the information and personal information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"), including the United States. It may also be processed by staff operating outside the EEA who work for us or for one of the organisations outlined in this Privacy Policy for in connection with the activities outlined in this Privacy Policy. By submitting your information and personal information and using our Website, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy. We have put in place commercially reasonable technical and organisational procedures to safeguard the information and personal information we collect on this Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to our Website; any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorised access.
COOKIES This Website uses cookies to distinguish you from other users of the Website. This helps us to provide you with a good experience when you browse this Website and also allows us to improve our this Website. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy
CHILDREN This Website is not directed toward children under 13 years of age nor do we knowingly collect information from children under 13. If you are under 13 years of age, you are not permitted to submit any personal information to us.
YOUR CALIFORNIA PRIVACY RIGHTS California Civil Code Section 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@sn37agency.com.
YOUR EU AND OTHER PRIVACY RIGHTS Where provided under applicable law, you may request a copy of the personal information held by SN37 about you and may ask about all recipients of the information, the purpose of the processing, request the correction of incorrect information, and request the blocking and deletion of such information by contacting us at contact@sn37agency.com. We may require you to prove your identity with approved identification if you request this information. Any access request may be subject to a fee to provide you with details of the personal information we hold about you. You have the right, where provided under applicable law, to ask us not to process your personal information.
You have the right, where provided under applicable law, to ask us not to process your personal information for direct marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your information or clicking "unsubscribe" on the emails you receive. You can also exercise the right at any time by contacting us at contact@sn37agency.com. We will retain your personal information for as long as needed to provide you with any services which you request. We will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
YOUR CHOICES You may have the opportunity to receive certain communications from us related to the Website. If you provide us with your email address in order to receive communications, you can opt out at any time by using the unsubscribe links at the bottom of our emails. Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Certain legal obligations require that we disclose how websites we operate react to Do Not Track signals. The Website does not currently change the way it operates based upon detection of a Do Not Track or similar signal. Please note that we cannot control how third party websites or online services you visit through Website respond to Do Not Track signals. Check the privacy policies of those third parties for information on their privacy practices.
SECURITY We have implemented commercially reasonable technical and organisational procedures measures designed to secure your personal information from accidental loss and unauthorised access, use, alteration or disclosure. However, the internet is an open system and we cannot and do not guarantee or warrant the security of any information that you transmit on or through our Website or that we otherwise maintain.
LINKS TO THIRD PARTY WEBSITES Our Website, our newsletters, email updates and other communications may, from time to time, contain links to and from the websites of others, including our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies
CHANGES TO OUR PRIVACY POLICY Any changes we may make to our Privacy Policy will be posted on this page. Please check back frequently to see any updates or changes to our Privacy Policy. If you do not agree or consent to these updates or changes, do not continue to use the Website.
CONTACT Questions, comments and requests regarding this Privacy Policy should be addressed to hi@sn37agency.com.Effective Date: March 13, 2017 SN37 COOKIES POLICY SN37 ("we", "us", "our") are committed to protecting and respecting your privacy. Our Website uses cookies and other similar technologies (as described below) to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Site, allows us to improve our Website and provide you with tailored content and advertising. Type Cookie Purpose of Cookie Strictly Necessary These cookies are essential in order to enable you to browse our Website and use its features. The information collected by these cookies relate to the operation of our Website, for example website scripting language and security tokens to maintain secure areas of our Website Performance / Analytics These cookies collect anonymous information about how you use our Website, for example which pages you visit most often, whether you receive any error messages, and how you arrived at our Website. Information collected by these cookies is used only to improve your use of our Website and never to identify you. These cookies are sometimes placed by third-party providers of web traffic analysis services. We use Google Analytics. For information on how Google processes and collects your information in regard to this product and how you can opt-out, please see here. Functionality These cookies remember choices you make, for example the country you visit our Website from, your language and any changes you have made to text size or other parts of web pages that you can customise, in order to improve your experience of our Website and to make your visits more tailored and enjoyable. The information these cookies collect may be anonymised and cannot be used to track your browsing activity on other websites. Targeting or Advertising These cookies collect information about your browsing habits and inferred interests in order to make advertising more relevant to you. They are also used to limit the number of times you see an advert, as well as to measure the effectiveness of an advertising campaign. These cookies are usually placed by third-party advertising networks. They remember the other websites that you visit and this information is shared with third-party organisations, for example advertisers. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely analytical/performance cookies or targeting cookies. FURTHER INFORMATION Most internet browsers are automatically set up to accept cookies. However, if you want to refuse or delete any cookies (or similar technologies), please refer to the help and support area on your internet browser for instructions on how to block or delete cookies. Please note you may not be able to take advantage of all the features of our Website, including certain personalised features, if you delete or disable cookies. To opt out of being tracked by Google Analytics across our Websites, visit https://tools.google.com/dlpage/gaoptout. REVISIONS TO OUR COOKIES POLICY We reserve the right to revise this Cookies Policy at any time. When we do, we will post the change(s) on this Website. If we change the Cookies Policy in a material way, we will provide appropriate notice to you; however, we recommend that you review the most up-to-date version of the Cookies Policy periodically.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer''s hard drive.
You can find more information about the types of cookies we use and the purposes for which we use them in the table below:
For more information on managing cookies, please go to www.allaboutcookies.org, or visit www.youronlinechoices.eu or http://www.aboutads.info which have further information
about behavioural advertising and online privacy.