BIG APPLE CHANNEL (BAC) PRIVACY POLICY

BAC knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting the BAC website, you are accepting the practices outlined in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy covers BAC's treatment of personal information that BAC gathers when you are on the BAC website and when you use BAC services.

This policy does not apply to the practices of third parties that BAC does not own or control, or to individuals that BAC does not employ or manage.

What Personal Information About Users Does BAC Collect?

Our primary goal in collecting personal information is to provide you with a friendly, customized, and efficient experience. We only collect personal information that is relevant to the purpose of our website. We do not process this information in a way that is incompatible with the purpose for which it has been collected or subsequently authorized by you. We collect the following types of information from our users:

Information You Provide to Us:

We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The personal information you provide is used for such purposes as:

Registration: In order for you to use certain BAC services, such as submitting new links to the website, you must complete a registration form. As part of this registration form, we require your email address.

Automatic Information:

We receive and store certain types of information whenever you interact with us. BAC automatically receives and records certain "traffic data" on our server logs from your browser including your IP address, BAC cookie information, and the page you requested. BAC uses this traffic data to help diagnose problems with its servers, analyze trends and administer the website.

BAC may also add on any page display the total counts that page has been viewed. This includes member profile pages.

Social sharing of data: BAC allows other users to browse your forums profile. BAC may choose to post this data on other site features in the future.

Syndication: BAC allows for the RSS syndication of all of its public content

Many companies offer programs that help you to visit websites anonymously. While BAC will not be able to provide you with a personalized experience if we cannot recognize you, we want you to be aware that these programs are available.

What About Cookies?

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. BAC cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or email address is.

The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of BAC's most attractive features.

Some of our business partners may use cookies on our website (for example, advertisers). However, we have no access to or control over these cookies.

Will BAC Share Any of the Information it Receives?

Information about our users is an integral part of our business. We neither rent nor sell your personal information to anyone. We share your personal information only as described below.

BAC Personnel:

BAC personnel (including, for the avoidance of doubt, consultants and/or contractors) may have access to user information while carrying out their duties in the normal course of BAC business.

Business Transfers:

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if BAC, or substantially all of its assets, were acquired, user information would be one of the assets that is transferred.

Protection of BAC and Others:

We may release personal information when we believe in good faith that release is necessary to comply with that law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of BAC, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent:

Except as set forth above, you will be notified when your personal information may be shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to prevent the sharing of this information by opting out.

Is Information About Me Secure?

Your BAC account information is protected by a password for your privacy and security. You need to work to protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer.

Only employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.

What Information Can I Access?

You can access your personal information on our website and correct, amend, or delete information that is inaccurate.

What Choices Do I Have?

As stated previously, you can always opt not to disclose information, but then you may be unable to use certain features on our website, such as posting new links.

You are able to add or update certain information on pages, such as those listed in the "What Personal Information About Users Does BAC Collect?" section above. When you update information, however, we often maintain a copy of the unchanged information in our records. You may request deletion of your BAC account by emailing us at andrew.sansone@bigapplechannel.com.

As explained earlier, the "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. Please note, however, that if your browser does not accept cookies, you will not be able to take advantage of some of our attractive features.

Can Children Use BAC's Services?

You must be 13 years and older to register to use the BAC website. BAC does not knowingly accept, collect, maintain or use any information from children under the age of thirteen. Upon determining that a child of under the age of 13 years has accessed the BAC website, the e-mail address of the child will be deleted and no personal information will be collected, stored, or disclosed.

Changes to this Privacy Policy

BAC may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on the BAC website so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.

Conditions of Use

If you decide to visit BAC website, your visit and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of New York state law.

Effective Date of this Privacy Policy
This Privacy Policy is effective as of March 1, 2010

To contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any BAC user;
to create or submit unwanted email ("Spam") to any other BAC users or any URL;
to violate any laws in your jurisdiction (including but not limited to copyright laws);
to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
under no circumstances can a user distribute member only, not publicly released downloads.
BAC may remove any Content and BAC accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: andrew.sansone@bigapplechannel.com.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/. All of our non-member downloads comply with creative commons 2.5.

BAC will accommodate and not interfere with standard technical measures used by copyright owners and/or copyrighted materials.

COPYRIGHT COMPLAINTS
BAC respects the intellectual property of others. It is BAC's policy to respond expeditiously to claims of copyright and other intellectual property infringement. BAC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, BAC may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. BAC will terminate access for subscribers and account holders who are repeat violators.

Notifying BAC of Copyright Infringement: To provide BAC notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of andrew.sansone@bigapplechannel.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing BAC with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide BAC with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at andrew.sansone@bigapplechannel.com that sets forth all of the necessary information required by the DMCA ( http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

BAC PRIVACY POLICY
BAC's current privacy policy is available here (the "Privacy Policy"), which is incorporated by this reference.

INDEMNITY
You will indemnify and hold harmless BAC, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the violation by you, or any third party using your account or BAC User ID, of any intellectual property or other right of any person or entity.

WARRANTY DISCLAIMERS
You acknowledge that BAC has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release BAC from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. BAC makes no representations concerning any content contained in or accessed through the Site, and BAC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BAC has no control over such sites and resources, you acknowledge and agree that BAC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BAC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

LIMITATION OF LIABILITY
IN NO EVENT SHALL BAC OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

TERMINATION
BAC may terminate or suspend any and all Services and your BAC account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your BAC account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind BAC in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. BAC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BAC's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sub-licensable by you except with BAC's prior written consent. BAC may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, as if made within New York between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of New York County and the United States District Court for the District of New York. Notwithstanding the foregoing sentence, (but without limiting BAC's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in New York, New York using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

TRADEMARKS
BAC and other BAC graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of BAC in the U.S. and/or other countries. BAC's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.