TERMS AND CONDITIONS OF USE
USE OF CONTENT
- Except for User Content (as defined below), any designs, text, graphics, photographs, images, videos, audio files, and other files or materials, and their selection and arrangement, provided by or accessed through the Website (“Website Content”), and all copyrights, trademarks, service marks, patents, and other intellectual property rights are the property of Urban Pearlor our licensors. All rights not expressly granted herein are reserved.
- Unless you have been expressly authorized to do so in writing, you agree that in your use of the Services, you will not use any trademark, service mark, trade name, trade dress, logo of any company or organization in a way that is likely to cause confusion about the owner or authorized use of such marks, names, or logos. You also agree that in connection with your use of the Services, you will not use the intellectual property or copyrighted works of others, without appropriate licenses.
- Areas of our website permit you to input content (e.g. product feedback). Any content you upload to the Website, including multimedia documents, videos, text, photographs, graphics, images, information, and other content enabled by the Website from time to time (“User Content”) may be accessed by you and other users, subject to the restrictions set forth herein. Do not submit User Content if you do not want other users to have access to it.
- Under no circumstance will we be held liable for any errors or omissions in any User Content.
- By accessing the Services, you understand that you will be exposed to content provided by a variety of sources and you agree that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the content. You also understand that in your use of the services, you may be exposed to content that you deem inaccurate, offensive, indecent, or objectionable, and you hereby waive all rights and remedies against Urban Pearl therefore.
- By submitting User Content to the Website, you grant to Urban Pearl the non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, perform, and display such User Content (in whole or part, including modified or adaptive versions thereof) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, without any obligation to acknowledge authorship or ownership.
- We do not endorse any of the content submitted by our users and expressly disclaim all liability associated with such content.
- You are required to register with Urban Pearl to use certain portions of the Services. You may never use another person’s account or registration information without permission.
- When you register, you may be required to provide personal information that may be used to identify you including, but not limited to, your name, e-mail address, date of birth, or other personally identifiable information. You are solely responsible for the activity that occurs on your account or under your registration, and you must keep your password secure. You must notify us immediately of any breach of security or any unauthorized use of your account or under your registration. We are not liable for your losses caused by an unauthorized use of your account or registration information, but you may be liable for the losses of Urban Pearl or others due to such unauthorized use.
- Gain or attempt to gain unauthorized access to the Services, User Content, or computer systems and networks connected to the Website;
- Upload, post, email, transmit, or otherwise make available any User Content that is unlawful, violent, harmful, threatening to another person or entity, abusive, defamatory, vulgar, obscene, tortuous, indecent, pornographic, libelous, invasive of another’s privacy, or otherwise objectionable;
- Cause harm to others, and specifically, legal minors;
- Impersonate another user, person, or entity, or falsely state or otherwise misrepresent your affiliation with another user, person, or entity;
- Collect and store personal data about other users, “cyber stalk” or harass another user or engage in conduct that negatively affects the on-line experience of another;
- Upload, post, email, transmit, or otherwise make available any information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
- Upload or transmit any information that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
- Reproduce, modify, rent, lease, loan, sell, trade, resell, or create derivative works based on the Website Content or User Content for any purpose;
- Intentionally or unintentionally violate any applicable local, state, national, or international law;
- Attempt to take any action that, in our sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure of the Website;
- Interfere with the operation of the Services or other computers or internet or network connections; or
- Attempt to circumvent, disable, or otherwise interfere with security-related features of the Service or features that restrict or prevent use or copying of Website Content.
DISCLAIMER OF WARRANTIES
WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
We respect the intellectual property rights of others and we ask our users to do the same. 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 any of the Website infringes upon your copyrights, you may submit a notification to us 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 Website;
(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:
Urban Pearl Collective
PO Box 905
Knightdale, NC 27545
Attention: Marguerite Gray Buer
Via email to: firstname.lastname@example.org
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, regardless of whether there is any repeat infringement.
Limitations. YOU AND URBAN PEARL AGREE THAT ANY CAUSE OF ACTION AGAINST URBAN PEARL ARISING OUT OF YOUR USE OF OR RELATING TO THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.