Terms & Conditions
Brave of Heart Fund Website Terms of Service
Last updated on April 17, 2020.
New York Life Insurance Company and its respective subsidiaries and affiliates (“we,” “us,” or “our”) own and operate this website (the “Site”). These Terms of Service (“Terms”) govern your rights to use or access the Site.
Please read these Terms before using the Site. By using or accessing the Site, or registering an account, you agree to these terms. These Terms are a binding legal agreement between you and us (this “Agreement”).
*If you do not agree with these Terms, please do not use the Site*
This Agreement is the entire agreement relating to your use of the Site. It supersedes any other prior communications between you and us. We reserve all rights not expressly granted herein.
You represent and warrant you are of legal age in your jurisdiction to form a binding contract. If you are not, you represent and warrant that you are over the age of 13 and you’ve received your parent’s or guardian’s permission to use the Site and your parent or guardian has agreed to these Terms on your behalf. Children under age 13 may not use the Site.
You acknowledge that we have made you aware of our Privacy Notice, which explains how we collect, use, and share Information.
CHANGES TO THIS AGREEMENT AND THE SITE
We may revise these Terms at any time by updating this page. If we materially change these Terms, we will make reasonable efforts to notify you. We will do so by placing a notice on this Site, sending an email, or another means. If you use the Site after such changes, you acknowledge and agree to the changes. Please check these Terms for updates.
The Site may change. We may discontinue any part of the Site, introduce new features, impose limits on features, or restrict access to the Site.
ACCESS AND USE
Subject to these Terms, we grant you a limited, non-transferable, non-exclusive right to access and use the Site for your personal, non-commercial use.
Laws in your jurisdiction may impose certain responsibilities on you and your use of the Site. It is your responsibility, not ours, to ensure that you follow laws and regulations when you use the Site.
You may have to sign up for an account and select a password and username (“User ID”). You promise to provide us with accurate registration information about yourself. We may require you to change your User ID or may change your User ID.
You are responsible for ensuring that others do not use your account. You will not share your account or password with anyone. You must protect the security of your account and your password. You’re responsible for any activity associated with your account. You agree that we are not liable for any loss or damage resulting from your failure to maintain the confidentiality of your account.
If you provide inaccurate registration information, or we suspect such information is inaccurate, we may deny you access to the Site or terminate your account. We may assume that you made any communications we receive from your account.
You must not use the Site or submit any Information (as defined below) in a way that:
- Infringes or violates the intellectual property rights or any other rights of anyone else;
- Violates any law, ordinance, or regulation;
- Is harmful, fraudulent, misleading, inaccurate, deceptive, threatening, harassing, defamatory, obscene, violent, hateful, inflammatory, unlawful, invasive of another’s privacy, or otherwise objectionable;
- Jeopardizes the security of your account or anyone else’s;
- Attempts to obtain another user's password, account, or other security information;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs processes or services that disable, overburden, impair, or otherwise interfere with the Site;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of the Site;
- Copies, downloads (other than through page caching necessary for personal use, or as otherwise permitted by these Terms), modifies, distributes, posts, transmits, displays, performs, reproduces, broadcasts, “mirrors,” duplicates, publishes, republishes, uploads, licenses, reverse engineers, creates derivative works from, or offers for sale any part of the Site except as provided for in these Terms or with our prior written consent;
- Degrades or discriminates against others based on gender, race, class, ethnicity, national origin, religion, sexual preference, disability or any other classification;
- Constitutes or promotes sexually explicit or pornographic material, violence, or any illegal acts;
- Creates the impression they emanate from or are endorsed by us or any other person or entity without their permission;
- Solicits personal or sensitive information from others;
- Promotes affiliate programs, multi-level marketing schemes, sites repurposing existing stories, or off-topic content; or
- Makes available any material that contains any content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment.
We may terminate (or suspend) your use of the Site or your account, for any reason, including breach of these Terms. Termination may also include, at our sole discretion, deleting your Information or preventing you from retrieving your Information or account details.
INTELLECTUAL PROPERTY RIGHTS
We own or have licensed all aspects of the Site. The Site is protected by copyright, trademark, and other intellectual property and proprietary information laws of the United States, as well as international conventions and the laws of other countries.
You may not reproduce, download, license, publish, display, modify, create derivative works from, transmit, distribute, perform publicly, decompile, reverse engineer, disassemble, transfer, or sell any portion of the Site, create or promote a website with hyperlinks to any page beyond the Site’s homepage (a/k/a “deep linking”), or frame the Site or any material contained within the Site without our express written permission.
Additionally, we respect the intellectual property rights of third parties and comply with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. If you believe that any portion of the Site infringes copyrights in your independent work of authorship, you may send written notification to our Designated Agent:
DMCA Designated Agent
c/o Office of the General Counsel, Head of Technology, IP, and Strategic Sourcing
51 Madison Avenue
New York, NY 10010
By Email: DMCA_Agent@newyorklife.com
To be effective under U.S. copyright law (17 U.S.C. § 512(c)), the Notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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 at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient for us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address; and
- A statement that the complaining party 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 statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that the Notification process is valid only with respect to a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Following initial registration with the Site, you may have the opportunity to submit additional data about yourself or your family members in connection with the purposes of the Site and as disclosed in the Privacy Notice (“Information”).
You are responsible for all Information you upload, post, email, transmit, or otherwise disseminate using the Site. You acknowledge and agree that your User ID may be associated with Information you submit to the Site. We do not claim any ownership over your Information.
You represent and warrant that: (a) you have the right to submit the Information without violating any third-party rights, and (b) our use of the Information does not violate the privacy rights, publicity rights, copyrights, contract rights, trade secrets, other rights of confidentiality or intellectual property, or any other rights of any person.
You hereby grant us and our licensees an unlimited, irrevocable, perpetual, fully paid and royalty-free, non-exclusive, right to use, process, transmit and store Information as set forth in these terms and in the Privacy Notice.
You acknowledge that we are a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. § 230.
You agree that you will defend and indemnify us for all claims resulting from the Information you upload or your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and you will cooperate with us in asserting any defenses.
We may disclose your Information to law enforcement authorities, government officials, and/or third parties, if required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to:
(a) comply with law, regulation, legal process or reasonable governmental request;
(b) enforce these Terms, including investigation of any potential violation thereof;
(c) detect, prevent or otherwise address security, fraud or technical issues; or
(d) protect the rights, property or safety of ourselves, other Site users, a third party, or the public.
To the fullest extent permitted by law, you acknowledge and agree that you will defend, indemnify and hold us harmless against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) relating to any claim brought against us by any third party because of your use of the Site, except in the case of our gross negligence or willful misconduct.
NO REPRESENTATIONS OR WARRANTIES
We make no representations or warranties that the Site is free of defects, viruses or other harmful components. We intend to protect and secure our systems but will not be responsible for any damages or loss that may result from the hacking or infiltration of the Site or our computer systems.
THE SITE IS PROVIDED ‘AS IS.’ WE DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. WE DO NOT GUARANTEE THE QUALITY, DATA CONTENT, OR LEGALITY OF INFORMATION OR CONTENT TRANSFERRED, RECEIVED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS SITE. WE DO NOT WARRANT THAT THE SITE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED $10.00. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR RESPECTIVE LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN INFORMATION, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO INFORMATION POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
YOU USE THE SITE AT YOUR SOLE RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SITE. YOU AGREE TO HOLD US HARMLESS FROM, AND NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE SITE, INCLUDING CLAIMS FOR LOST INFORMATION, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE SITE.
JURISDICTION AND CHOICE OF LAW
These Terms shall be governed by and construed in accordance with the laws of New York and the United States of America, without giving effect to any principles of conflicts of law.
SEVERABILITY AND SURVIVAL
Provisions that, by their nature, should survive termination of these Terms shall survive termination. For example, the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.
Please see our Privacy Notice for information regarding the collection and use of personal information collected through the Site.