Eatmousies.com Website
The Official Website of B. Kliban®Cats
© Judith K. Kliban
TERMS OF USE
AGREEMENT BETWEEN USER AND B. KLIBAN®CATS
Please read this agreement carefully before accessing or using this site. By accessing or using the site, you agree to be bound by this agreement. B. Kliban®Cats provides the information and services on this site to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained in the following “terms of use”. Your use of this Website constitutes your agreement to all such terms, conditions, and notices.
B. Kliban®Cats and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this site. While B. Kliban®Cats strives to keep the information on this site accurate, complete, and up-to-date, B. Kliban®Cats cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may view materials on this Website for your personal and non- commercial enjoyment only. You may not download, print, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any images, information, software, technology, or services obtained by you from this Website. You may not use the materials found on this Website on any other websites or in a networked environment. The images and information contained in this Website constitutes proprietary intellectual property and your viewing thereof is permitted solely by this limited, non-commercial license.
PROPRIETARY RIGHTS
All materials on this site (as well as the selection and arrangement of materials on the site) are owned and copyrighted by Judith K. Kliban, her licensees, or others. © Judith K. Kliban. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the written permission of Judith K. Kliban.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to B. Kliban®Cats that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Website automatically terminates.
PRIVACY POLICY
B. Kliban®Cats is committed to safeguarding your privacy. This Privacy Policy explains how we deal with personal information, including how we obtain it, how we protect it, and in some cases, how it might be shared in order to provide our services to you. By providing your personal information to us, or by using our services (including through our site), you are consenting to this policy.
YOUR PERSONAL INFORMATION
“Personal information” means your name and contact information (your address, phone, email, website), your company and job title, and any other information that enables us to identify you specifically, for example, location data and online identifiers. We collect personal information when you provide it to us, for example, when you sign up for our newsletter or send us an email.
Through vendors we use in connection with our Website and our newsletter, we may also collect information about your visits to our Website or use of our newsletter. This may include, for example, technical information such as your internet protocol address, browser type, device identifier, and other information available through your connection to our site; information about your visits to our Website, including pages you view, page response times and page interactions; and information collected by cookies and web beacons (please see below).
We use your personal information primarily to communicate with you through newsletters. We (or our vendors) may also use personal information to provide data analysis about use of our online services (website and newsletters), and to address internal technical operations, including trouble-shooting and improvements to our online services, and to keep your information secure.
COOKIES AND TRACKING TECHNOLOGIES
We use MailChimp to collect information needed to deliver our newsletter. Like most websites, our site employs cookies. Cookies are small files which are stored on your computer or mobile device when you visit our site. Cookies have information about your visit and your browser, but they cannot read information from your hard drive or cookies placed by other sites. We use information collected by cookies to statistically analyze use of our site in order to improve our services.
You may set your browser to refuse all cookies or to let you know when a cookie is being sent. That should not affect your ability to use our site.
MailChimp also uses other tracking technologies such as web beacons to recognize and track use of our site or newsletter. A web beacon is a tiny graphic tag with a unique identifier that is delivered through a web browser or email. Web beacons show us, for example, how visitors move among the pages on our site or newsletter, and enable us to improve those services. You may unsubscribe to our newsletter (or change your contact information) through the links at the bottom of the newsletter.
UPDATES, RESTRICTIONS OR REMOVAL OF YOUR PERSONAL INFORMATION
You may request that we (or our vendors) update, restrict use of, or remove your personal information from our systems. Please send your request to [email protected]. We will comply with your request, except where the law allows retention of your information for certain purposes (for example, vendors may be allowed to retain archived data in secured databases).
CHILDREN’S PRIVACY
This Website is not directed at children under the age of 13. B. Kliban®Cats does not allow anyone under the age of 13 to sign up for our newsletter, and we do not knowingly collect or solicit any information from anyone under the age of 13. If we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible.
SECURITY
B. Kliban®Cats follows generally accepted industry standards and has commercially acceptable security measures in place to protect against loss, misuse or alteration of information that we have collected from you. However, no security system can be 100% safe, and we make no guarantees in this regard.
LIABILITY DISCLAIMER
You use this Website at your own risk. If your use of this Website or the materials contained in it results in the need for servicing or replacing property, material, equipment or data, or results in damage to you of any kind, B. Kliban®Cats is not responsible for those costs or damages.
THE INFORMATION, SOFTWARE, TECHNOLOGY, AND SERVICES ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. B. KLIBAN®CATS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME.
ALL INFORMATION, SOFTWARE, TECHNOLOGY, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL B. KLIBAN®CATS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, TECHNOLOGY OR SERVICES ACCESSED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF B. KLIBAN®CATS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless B. Kliban®Cats, its affiliates and suppliers from any liability, loss, claim and expense (including reasonable attorneys’ fees) related to your violation of this agreement.
LINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than B. Kliban®Cats. For example, clicking on a link in our Shop or Fan Club section may bring you to a site operated by a party independent of B. Kliban®Cats. Such hyperlinks are provided for your reference only. B. Kliban®Cats does not control such websites, and is not responsible for their contents. B. Kliban®Cats’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators, and you access and use such sites, including information, technology, material, products and services therein, solely at your own risk. Furthermore, because the Privacy Policy of this site is applicable only when you are on our Website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.
CHANGES TO SITE
B. Kliban®Cats and its suppliers may make improvements or changes in the information, software, technology, services, and other materials on this site, or terminate this site, at any time without notice. B. Kliban®Cats may modify this agreement at any time, and such modification shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this Website shall be deemed your acceptance of the modified agreement.
COPYRIGHT POLICY
B. Kliban®Cats respects the intellectual property of others. If you believe your work has been copied and posted on or through the Website in a way that constitutes copyright infringement, please send to B. Kliban®Cats’ Copyright Agent at [email protected] a DMCA notification with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Website (providing the URL(s) of the claimed infringing material satisfies this requirement);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(d) 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;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
(f) your physical or electronic signature.
If you receive a notice from B. Kliban®Cats that we have received an infringement claim about your content, and you believe that the content is not infringing, or that you have authorization from the intellectual property owner, or pursuant to the law, to post and use the content, you may send a counter-notice. Our infringement notice will give you specific guidelines for doing so.
MISCELLANEOUS
This agreement and the resolution of any dispute related to this agreement or the site shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. B. Kliban®Cats’ failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any dispute between B. Kliban®Cats and you related to this agreement shall be submitted first to mediation, and if mediation does not result in resolution, brought in a legal proceeding exclusively in a federal or state court of competent jurisdiction, in Northern District of California or the County of San Francisco.
TIME LIMITATIONS ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with B. Kliban® must be submitted to mediation within thirty days, and filed in court within one year, after such claim arose; otherwise your claim is permanently barred.
