Privacy policy & Terms of Service
PRIVACY POLICY
LAST UPDATED NOVEMBER 20, 2021
This Privacy Policy is a binding agreement between you – a visitor to www.FBombBreakfastClub.com – and us, The Doyenne Project LLC, d/b/a The FBomb Breakfast Club, a Washington state limited liability company. It applies to you however you are visiting our Site and accessing the Services, whether by desktop, mobile, mobile download or browser-based application. When we say “Site” throughout this Policy, we include all of these formats. When we say “Services” we mean the Site plus all applications, products, services, text, video, audio, or other content we make available through the Site. This Privacy Policy governs our collection, storage, transfer, and use of potentially personally identifiable information (“PII”). We care about you and your privacy. It’s our intent to be as clear as possible about what we do and don’t do with your PII.
By visiting our Site and accessing the Services, you consent to everything in this policy.
We may modify this Policy from time to time, in our sole discretion, with or without notice to you. It’s still binding.
Our Terms of Service, found below, are incorporated fully in this Policy.
We collect some User Information when you provide it to us, such as your email address if you sign up for our mailing list or register for an event through our site or through a third-party vendor, such as Eventbrite. We use information you provide to us to send you news, information, and offers. We may at times send you offers on behalf of a third-party, such as email promotions, but we do not sell, share, or trade mail our list or any of the information on it.
You may always opt-out of our mailing list by clicking the “unsubscribe” option at the bottom of the email or newsletter, or by reply mail requesting that we unsubscribe you. Once you unsubscribe we will delete your information and no longer use it for any reason.
We may use various analytics providers to assess the performance and usage of the Site and Services. This may incidentally collect various usage data, such as: (a) Internet Protocol (IP) addresses for systems administration, troubleshooting, security, and to prevent prohibited activity; (b) browser or device type; (c) page views; or (d) time spent on page. We may use Google Analytics, a web analytics service offered by Google to track and report on website activity, for more information please visit the Google Privacy and Terms, available at https://policies.google.com.
We may aggregate data that does not include PII for commercial or non-commercial purposes.
By using our Site and Services, you may be assigned a cookie. A “cookie” is a file on your computer or mobile device. We, or our web service provider or other third-parties, may use cookies to help identify users, usage, privileges, and preferences.
If you contact us through the Site, you waive all rights to the contents of those communications.
The Site and Services are not intended for anyone under the age of 13. If you believe someone under the age of 13 has disclosed any PII on or through our Site or Services, please contact us immediately.
We take reasonable steps to protect and prevent the unauthorized disclosure of PII, however we may disclose such information on an as needed or required basis, provided such disclosure will be done with the recipient’s obligation of confidentiality or limited to the extent necessary to carry out the following: (a) to our employees and contractors, all of whom are under an obligation of confidentiality, to deliver the Services; (b) to third-parties when you give us permission to do so; (c) when we believe in good faith that disclosure is necessary to protect our rights, or to protect your safety or the safety of others; (d) in the event we are involved in a merger, acquisition, change of control, or the sale of some or all of our assets; or (e) as required by law such as to comply with a subpoena or court order.
Where applicable we employ reasonable physical, technical, and administrative protections to maintain the Site securely. We cannot guarantee that our security measures will absolutely prevent security breaches.
Our Services rely on a variety of third-party service providers, such as for web hosting, data storage, marketing, analytics, payment processing, and security (“Providers”). Each Provider sets forth its own practices for the processing of PII, which you should read and understand before using our Services.
NOTICE TO INTERNATIONAL USERS: The Site and Services are not intended for use by residents of the European Union or European Economic Area, and such use may result in the transfer of PII outside of your country of residence to jurisdictions that may not have data protection laws as comprehensive or protective as those in your country of residence.
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TERMS OF SERVICE
LAST UPDATED NOVEMBER 20, 2021
Like our Privacy Policy, these Terms of Service constitute a binding agreement between you – a visitor to www.FBombBreakfastClub.com – and us, The Doyenne Project LLC, d/b/a The FBomb Breakfast Club, a Washington state limited liability company. And like our Privacy Policy, these Terms apply to you however you are visiting our Site and accessing the Services, whether by desktop, mobile, mobile download or browser-based application. When we say “Site” throughout these Terms, we include all of these formats. When we say “Services” we mean the Site plus all applications, products, services, text, video, audio, or other content we make available through the Site. We respect you and our entire community of users. It’s our intent that our Terms of Service clearly establish the expectations regarding use of the Services.
By using the Services, you agree to these Terms.
We may modify the Terms from time to time, in our sole discretion, with or without notice to you. They’re still binding.
Our Privacy Policy can be found above, and is incorporated fully in these Terms.
User Accounts. We do not require you to create a user account to use the Services. A third-party Provider, such as Wix.com may require you to create an account to do certain things, such as to “like” or comment on a blog post. If you do create a user account: (a) our Privacy Policy will govern any use of PII or other information you provide by creating an account; (b) you agree that you will not create an account for any other reason than the lawful use of our Site and Services, and that you will not create a fraudulent account; and (c) we reserve the right to close, delete, or block access to your account for any reason, at any time.
Payment. We do not require payment to use the Site. Payment for any offerings we sell, such as event registrations or club memberships, happen on a third-party platform independent of the Services. Such purchases are governed by the applicable payment terms of that third-party Provider.
Acceptable Use Policy. You explicitly and unequivocally agree that you have read, understand, and consent as follows: (a) you may not use the Services to promote, display, or transmit anything of any sort that is abusive, threatening, violent, obscene, harassing, defamatory, libelous, anti-Semitic, racist, sexist, transphobic, homophobic, ageist, or otherwise offensive in our sole discretion; (b) you may not use the Services for any kind of advertising, sales, or promotion not expressly authorized by us in writing; (c) you may not impersonate another person or entity for any reason on our Site or in accessing the Services; (d) you are prohibited from copying, translating, disassembling, decompiling, reverse engineering, or otherwise modifying, replicating, or creating derivative works of the Services; and (e) we may change, amend, or expand our Acceptable Use Policy at any time, with or without notice. You are responsible for reading, understanding, and complying with this policy.
License to Use the Services. Subject to these Terms, we grant you a limited non-transferable, non-exclusive license to access and use the Services for your personal or internal business purposes. You may not: (a) license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Services; (b) modify, make derivative works of, dissassemble, reverse compile or reverse engineer, any part of the Services; (c) access the Services in order to build a similar or competitive service; (d) access the Services using automated means, whether through the use of bots, scrapers, or otherwise, unless permitted by these Terms or when made available by us (e.g., API access). Except as otherwise permitted by these Terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the Services is subject to these Terms.
Company Content. All content, images, designs, layouts, code, interfaces, compilations, features, elements, technical data or data incidentally created through the use of the Services, and all copyrights, trademarks, service marks, trade names, or other intellectual property or proprietary rights (“Company Content”) is owned by us or our licensors. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Company Content in whole or in part except as expressly authorized by us, our licensors, or these Terms. Except for the terms of any license under these Terms, neither our licensors nor we grant you any express or implied rights in and to the Company Content, and all such rights are retained and reserved to the fullest extent permitted under law.
User Content. Any content, images, profiles, text, links, articles, software, graphics, video, music, sound, messages, or other materials that you upload, include, specify on, or share in connection with your use of the Services, whether publicly or privately, or that is otherwise collected by or through the Services (“User Content”) is owned by you subject to the extent you would have intellectual property or other proprietary rights associated with it, subject to our Privacy Policy and the license herein. You assume all obligations and risks associated with your User Content, including that: (a) no copyright, trademark, trade secret, publicity, privacy rights, or other intellectual property or proprietary rights are violated by the User Content; (b) you own or have permission to use the User Content; (c) you are fully legally responsible for the User Content; (d) all risk associated with use of the User Content such as, if applicable, the use of your User Content by others on or through the Services; (e) any liability if your User Content violates these Terms, any third party rights, or any applicable laws; and (f) that any liability arising from the foregoing violates these Terms and constitutes an improper and unauthorized use of the Services.
License to Use User Content. In using the Services and thereby agreeing to these Terms, you hereby grant, and represent and warrant that you have the right to grant, us an irrevocable, non-exclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute modify, publicly display, perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content and grant sublicenses of the foregoing, solely for: (a) providing you the Services; and (b) creating and using aggregated and anonymized data for any purpose, such as for performance and use analytics, product development, or marketing purposes. You hereby waive any claims and assertions of moral rights or attribution with respect to your User Content.
Review of User Content. We may review User Content at any time and for any reason with or without notice. We may modify, restrict, flag, permanently delete, or remove User Content at any time in our sole discretion, including User Content that violates our Acceptable Use Policy or that we otherwise determine to be offensive, illegal, threatening, or that violates the rights of others.
DMCA and Copyright. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Services infringes their rights under U.S. copyright law. If you believe in good faith that material on the Services infringes your copyright rights, you (or your agent) may send us a notice requesting that such material be removed or access to it blocked. Federal law requires that your notification include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (e) a statement that you have a good faith belief that use of the material in the manner notified of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please contact us with the above information so we can process your request.
Third-Party Services. We have described a few scenarios in these Terms in which the Services might link to, contain, use, integrate with, or access third-party services (“Third-Party Services”). You hereby acknowledge we do not control or operate nor are we responsible for the products, services, content, or reliability of any such Third-Party Services. Your relationship with the Third-Party Services is governed by and subject to the applicable agreement between a particular Third-Party Service and you.
Indemnification. You hereby agree to indemnify and hold us and our affiliates, officers, agents, subsidiaries, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party related to, due to, or arising out of your: (a) use of the Services; (b) User Content; (c) violation of these Terms, or (d) violation of any rights of another including but not limited to intellectual property or privacy rights.
DISCLAIMERS. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREIN.
LIMITATIONS OF LIABILITY. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILIUTY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Entire Agreement. These Terms and our Privacy Policy and any other agreement incorporated hereto by reference (together “the Agreement”), form the entire and exclusive understanding and agreement between you and us. This Agreement supersedes and replaces any and all prior oral or written understandings.
Notifications. By using the Services, you consent to receiving notices by email. Notices provided via email will be deemed given and received on the date and time of transmission.
Severability. To the extent any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
Additional Provisions. A failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. You may not assign this Agreement or delegate any obligations hereto. We may assign rights or delegate duties under this Agreement in connection with a merger, reorganization, re-domestication, or the sale of all or substantially all of our assets. This Agreement will bind our successors and permitted assigns.
Applicable Law, Forum, and Venue. This Agreement is governed by the laws of the State of Washington in the United States of America, without regard to its conflict of law provisions. All disputes relating to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington, to which jurisdiction and venue both we and you each irrevocably consent.