Terms of Use

Last updated on: 1/18/2009

Please carefully review these Terms of use.  The Mrs. Riley website and service (collectively, “the Mrs. Riley Website” or “the Website”) are operated and managed by Emergent Behavior, LLC (collectively, “us,” “we,” or “Emergent Behavior”).  By using or accessing the Website at MrsRiley.com, you are agreeing to these Terms of use, whether or not you are a registered user.  We may modify or update these Terms of use from time to time without prior notice.  We may also modify, add to, delete, and/or discontinue any or all parts of the Website without prior notice.  Your continued use of the Mrs. Riley Website following any modification or update means you accept any changes made.  We reserve the right to restrict access to any or all parts of the Website without notice or liability.  If you do not agree to the Terms of use set forth below, you may not use, access or download information from the Mrs. Riley Website.

Use of Content

Any designs, text, graphics, photographs, images, video, audio files, and other files or materials, and their selection and arrangement, provided by or accessed through the Website (“Website Content”), and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights are the property of Emergent Behavior or its licensors.  All rights not expressly granted herein are reserved for Emergent Behavior or its licensors.  We reserve the right to discontinue or alter any aspect of the Website without prior notice.  Registered users, non-registered users, and paid subscribers may use the Website Content only as outlined below.  All other uses of the Website Content are strictly prohibited.

You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or other information that you publish, display, upload, or post on the Website, or transmit to other users through the Website (collectively “User Content"). You understand and agree that Emergent Behavior may, but is not obligated to, review and delete or remove any of the User Content, without prior notice, that, in the sole judgment of Emergent Behavior, violates these Terms of Use or for any other reason.

Non-registered Users of the Mrs. Riley Website may access, view, and browse Website Content through a personal computer or other access device that uses a communications connection.  However, non-registered users may not download, reproduce, copy, modify, or print Website Content.  In addition, non-registered users may not upload User Content from or to the Website, or post public written messages on the Website. 

Registered Users of the Mrs. Riley Website are authorized to access, view, and browse Website Content, and may through a personal computer or other access device that uses a communications connection.  However, registered users may not download, reproduce, copy, modify, or print Website Content, or upload User Content from or to the Website. 

Paid subscribers of the Mrs. Riley Website are authorized to access, view, browse, download, and print Website Content.  Paid subscribers are also authorized to upload User Content from or to the Website, and post public written messages on the Website through a personal computer or other access device that uses a communications connection.  Such subscribers are also authorized to reproduce, copy, or modify Website content for personal or commercial use.

Any additional rules governing the use of Website Content, software, and other items accessible on the Mrs. Riley Website may be included elsewhere within the Website, and such rules are incorporated into these Terms of Use by reference. 

If you violate any of these Terms of use, your permission to use the Website Content and the User Content on the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Content other than your personal User Content.  In addition, if applicable and under the sole discretion of Emergent Behavior, your account on the Website may be suspended or terminated at any time.

Copyright Policy

If you are a copyright owner or an agent thereof and believe that any of the Website Content, the User Content, or other content or material on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing as outlined in 17 U.S.C. §512(c)(3):

      (i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;

      (ii) 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 the copyrighted works;

      (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;

      (iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;

      (v) A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

      (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent for receiving notifications of claimed infringement is:

Ben Throop
 Emergent Behavior, LLC
10 Winthrop Avenue
Albany, NY 12203
 email: [email protected]

In an effort to protect the rights of copyright owners, Emergent Behavior has adopted and maintains a policy for the termination, when appropriate, of non-registered users, registered users, and paid subscribers of the Website who are repeat infringers.

Termination Policy for Repeat Infringers

All users and subscribers must be on notice that should Emergent Behavior directly or indirectly become aware of actual or alleged repeat offenses involving the prevailing copyright laws of the United States, codified in Title 17 of the United States Code, by a non-registered user, registered user, or paid subscriber of the Website, any and all services provided by Emergent Behavior to such a repeat offender, including but not limited to registration and/or subscription to the Website may be terminated within seven (7) business days of such determination or less. 

For purposes of this policy, a “repeat offender” may be a non-registered user, registered user, or paid subscriber who has been notified by Emergent Behavior, either via email or in writing, of an actual or alleged copyright infringement associated with the non-registered user, registered user, or paid subscriber on three (3) or more separate occasions.  Such a determination will be made in the sole discretion of Emergent Behavior and Emergent Behavior is not required to seek judicial validation of any kind in making this determination.  All decisions to terminate the services provided by Emergent Behavior to such a repeat offender, including but not limited to registration and/or subscription to the Website, will be final.  Emergent Behavior shall make a good faith effort to provide notice to the repeat offender upon making such determination and prior to termination.  Emergent Behavior also reserves the right to terminate any and all services provided to a non-registered user, registered user, or paid subscriber, including but not limited to registration and/or subscription to the Website, after a single violation of these Terms of Use.

Copyright Notices

Website Content is protected by the copyright, trademark, and other intellectual property laws of the United States and foreign countries. Title to the Website Content and any associated intellectual property remains with Emergent Behavior or its licensors.  Paid subscribers of the Website are required to keep all copyright, trademark, patent, or other proprietary notices intact when using the Website Content in any way.

The Mrs. Riley Website Is Not A Source Of Medical Advice

The Website and Emergent Behavior ARE NOT sources of medical advice, diagnosis, or treatment, and any Website Content should not be regarded as such.  The Website Content, such as but not limited to the text, graphics, images, and information contained on the Website, is for informational purposes only.  The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  You should always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.  Never disregard professional medical advice or delay in seeking it because of something you have seen or heard on the Website. 

Fees

You agree to pay all fees and charges incurred in connection with subscription to and/or any use of the Website by you including, but not limited to, any orders or purchases.  You also agree to pay all taxes (including sales taxes, use taxes, value-added taxes, or other taxes) and shipping fees associated with your subscription to, purchases on, and/or other use of the Website.  Fees charged by Emergent Behavior in connection with your use of the Website may change at any time without advanced notice.  All fees and charges due to Emergent Behavior shall be paid by you through PayPal.  No cash, checks, money orders, or credit cards shall be accepted for payment of fees due to Emergent Behavior.  You must be 18 years of age or older to subscribe to and/or make purchases or orders on the Website.  Once payment has been made to Emergent Behavior, you waive the right to request or receive any refund for your payment, even in the event of overpayment.

Children’s Privacy

We do not collect personally identifiable information from any person we actually know is a child under the age of 18, nor do we knowingly allow children under the age of 18 to become registered users or paid subscribers of the Website.  Please do not send personally identifiable information to us if you are under the age of 18.  The Website is not intended or designed to attract children under the age of 18. 

You hereby agree to provide true and accurate information during the registration and/or subscription process.  We reserve the right to terminate the registration and/or subscription of any user or subscriber should we know or have reasonable grounds to suspect that the user or subscriber has entered false or misleading information during the registration and/or subscription process.

Trademark Ownership

The trademarks, service marks, trade dress, and logos displayed on the Website and/or included in the Website Content are owned by Emergent Behavior.  All rights are reserved.  You may not use, copy, modify, or otherwise exploit these trademarks, service marks, trade dress, and logos without the prior written consent of Emergent Behavior. 

User Submissions

The personally identifiable information you submit to the Website will be treated by Emergent Behavior in accordance to the Mrs. Riley Website Privacy Policy.  To the extent there is an inconsistency between these Terms of Use and the Mrs. Riley Website Privacy Policy, these Terms of Use shall govern.

You will not upload, post, transmit or otherwise make available any communication or User Content, including but not limited to, any photographs, images, icons, videos, audio or other content, to the publicly accessible areas such as the public forums and image library (the “Public Areas”), which infringe or violate any third party rights, or which is unlawful, harmful, threatening, abusive, harassing, slanderous, libelous, vulgar, obscene, invasive of another’s privacy, or hateful (“User Submission Requirements”).  Your submission of any communication or User Content to the Pubic Areas means you agree that such submission meets these User Submission Requirements and is non-confidential for all purposes. 

Uploading photographs, videos, images and the like of other people without their permission is strictly prohibited.  By submitting any communications, User Content and/or intellectual property to the Mrs. Riley Website, you automatically warrant that you have permission from all individuals appearing in the communication, User Content and/or intellectual property, to provide such submission and to grant the rights provided herein.  The copyright to photographs, images and videos of celebrities, cartoon characters, and comic images is usually owned by the creator of such works. 

By submitting any communications, User Content and/or intellectual property of any type to us, you automatically warrant that the owner of such communication, User Content and/or intellectual property has expressly granted to Emergent Behavior a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication, content and/or intellectual property in any media or medium, or any form, format, or forum now known or hereafter developed. Emergent Behavior may sublicense its rights through multiple tiers of sublicenses.

You will not upload any communication or User Content that contains software viruses or any other computer software routine intended or designed to of which has the capacity to: (i) permit access or use of the Website or Emergent Behavior’s systems by any person not authorized by Emergent Behavior; or (ii) disable, damage, erase, disrupt or impair the normal operation of the Website or any other software or data on Emergent Behavior’s and its users’ computer systems.

We reserve the right to review all communications and User Content submitted to the Website prior to displaying the communication and/or User Content on the Website and to remove any communication or User Content for any reason, at any time, without prior notice, at Emergent Behavior’s sole discretion.

Indemnity

You will indemnify and hold Emergent Behavior, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, and liabilities, due to or arising out of your use of the Website and/or your violation of these Terms of use, and you shall pay all costs, expenses, settlements and damages finally awarded, including reasonable attorney’s fees.

Disclaimers

The Mrs. Riley website and its content are provided on an “as is” basis.  USE OF THE WEBSITE AND ANY WEBSITE CONTENT IS AT YOUR OWN RISK.  EMERGENT BEHAVIOR DISCLAIMS, to the fullest extent permitted by law, all warranties, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, non-infringement of third-party rights AND FITNESS FOR A PARTICULAR PURPOSE. 

 

Emergent behavior MAKES NO guarantees, endorsements, PROMISES, REPRESENTATIOnS, OR WARRANTIES OF ANY KIND REGARDING THE FOLLOWING:

1)    

The accuracy, reliability, efficacy, currentness, completeness, or timeliness of the Website or Website Content including, but not limited to, text, graphics, links or communications provided on or through the Website.

2)    

The availability of the Website or any specific results from use of the Website or Website Content for any purpose.

3)    

Adherence to or compliance with any federal, state, local, or government regulations requiring information disclosure.

4)    

Adherence to or compliance with any federal, state, local, or government regulations regarding the Website or Website Content.

Limitation of Liability

IN NO EVENT WILL EMERGENT BEHAVIOR OR ANY OF ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website BE LIABLE to you or to any third party FOR any delay, failure, interruption of service, LOSS OF USE, lost DATA, corruption of data, lost PROFIT, lost REVENUE, diminished GOODWILL, personal injury, wrongful death, fraudulent, misrepresentation, OR any OTHER INDIRECT, INCIDENTAL, special, punative, exemplary, OR CONSEQUENTIAL DAMAGES, arising from or related to the website, the website content, and/or your use or inability to use the website or the website content, whether based on warranty, contract, tort, or any other legal theory, and whether or not EMERGENT BEHAVIOR, OR ANY OF ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website Have BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

IN NO EVENT WILL EMERGENT BEHAVIOR OR ANY OF ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website BE LIABLE to you or to any third party for any damages of the types described above related to the reliability, efficacy, currentness, completeness, timeliness, or opinions of third-party websites to which links are provided on the Mrs. Riley website.  you agree to access such third-party websites at your own risk.

 

THE AGGREGATE LIABILITY OF EMERGENT BEHAVIOR, ITS SUPPLIERS, licensors, AGENTS, or third parties mentioned on the website FOR ALL CLAIMS SHALL NOT EXCEED THE SUM OF THE FEES PAID BY the nonregistered user, the registered user, or the paid subscriber, TO EMERGENT BEHAVIOR, DURING THE PREVIOUS 12 MONTH PERIOD.  any claims arising in connection with your use of the website, website content, or the public areas must be brought within one (1) year of the date of the event giving rise to such action, and such claims must be brought in the jurisdiction defined by these Terms of Use.  you agree that all remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided herein.

 

Passwords

Registered users and paid subscribers will select a username and password upon completing the registration and/or subscription process.  Registered users and paid subscribers are fully responsible for maintaining the confidentiality of their username and password.  Registered users and paid subscribers agree to immediately notify Emergent Behavior at [email protected] should the user or subscriber know, or have reasonable grounds to suspect that the username and password have been compromised.  We shall not be responsible for the user or subscriber’s failure to abide by this paragraph.  You agree not to use the account, email address, or password of any other user or subscriber at any time.  You are solely responsible for all activity by anyone using your account and/or password, regardless of whether you had or have knowledge of such use.

Use of Public Areas

 

If you use a Public Area, such as a chat room, message boards, or blogs, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Emergent Behavior and its licensors are not

You agree that, in consideration for having access to the Public Areas, the following actions shall constitute a material breach of these Terms of Use:

1.    

Using a Public Area for any purpose in violation of local, state, national, or international laws;

2.    

Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

3.    

Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Emergent Behavior in its sole discretion;

4.    

Posting advertisements or solicitations of business;

5.    

After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

6.    

Posting chain letters or pyramid schemes;

7.    

Impersonating another person;

8.    

Distributing viruses or other harmful computer code;

9.    

Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;

10.  

Allowing any other person or entity to use your identification for posting or viewing comments

11.  

Posting the same note more than once or "spamming"; or

12.  

Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Website, or which, in the judgment of Emergent Behavior, exposes Emergent Behavior or any of its customers or suppliers to any liability or detriment of any type.

Emergent Behavior reserves the right (but is not obligated) to do any or all of the following:

1.    

Record the dialogue in the Public Areas.

2.    

Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication.

3.    

Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.

4.    

Terminate access to any or all Public Areas and/or the Mrs. Riley Website upon any breach of these Terms of Use.

5.    

Monitor, edit, or disclose any communication in the Public Areas.

6.    

Edit or delete any communication posted on the Mrs. Riley Website, regardless of whether the communication violate these standards.

Emergent Behavior or its licensors have no liability or responsibility to users and subscribers of the Mrs. Riley Website or any other person or entity for performance or nonperformance of the aforementioned activities

General Provisions

Waiver. No waiver of a breach of any term of this Agreement will be effective unless in writing and duly executed by the waiving party.  No such waiver will constitute a waiver of any subsequent breach of the same or any other term of this Agreement.  No failure on the part of a party to exercise, and no delay in exercising, any of its rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right.  No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of this Agreement or the rights or obligations of any party hereunder.

 

Entire Agreement.  This Agreement, together with all its Schedules, contains the entire understanding of the parties with respect to the transactions contemplated and supersedes any prior agreements or  und­erstandings among the parties with respect to the subject matter hereof.  This Agreement may only be amended by a written document signed by all parties.  There are no representa­tions, warranties, or obligations of any party not expressly contained herein.  In the event of any conflict between the terms of this Agreement and any of its Schedules, the terms of this Agreement will control.

 

Governing Law and Dispute Resolution.   This Agreement will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles.  In the event that any legal proceedings are commenced with respect to any matter arising under this Agreement, the parties specifically consent and agree that the courts of the State of New York and/or the Federal Courts located in the State of New York will have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action will be in Monroe County, New York and/or the U.S. District Court for the Western District of New York. Additionally, the party that loses any such proceeding will pay all costs and expenses incurred by the other party(s) in connection therewith, including all attorneys’ and other professional fees and expenses.

 

Partial Invalidity  If any provision of this Agreement is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear.  The total invalidity or unenforceability of any particular provision of this Agreement will not affect its other provisions and this Agreement will be construed in all respects as if the invalid or unenforceable provision were omitted.