Agreement between User and Pearls of Wisdom
Welcome to Pearls of Wisdom at https://sharepearlsofwisdom.com. The sharepearlsofwisdom.com website (the “Site”) is comprised of various web pages operated by Pearls of Wisdom LLC (“Pearls of Wisdom”). This Statement of Terms and Conditions applies to sharepearlsofwisdom.com and Pearls of Wisdom LLC and governs terms and conditions. For the purposes of this Terms and Conditions policy, unless otherwise noted, all references to Pearls of Wisdom LLC include sharepearlsofwisdom.com and Pearls of Wisdom. Pearls of Wisdom LLC is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of sharepearlsofwisdom.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Our Terms may change at times, and you will receive a notice of such changes. Your continued use of the Site after a change of Terms constitutes your acceptance of those Terms.
Pearls of Wisdom LLC is a social networking site, blog and content repository. Pearl of Wisdom’s platform is sharepearlsofwisdom.com which is an online connection space to share life’s milestones. We include a free exclusive account to share words of wisdom with those you love and trust for life’s important events and occasions. You will also have the opportunity to purchase a keepsake of your personalized pearls of wisdom in the form of digital word art that is frame-able and shareable on your social pages.
Visiting sharepearlsofwisdom.com or sending emails to Pearls of Wisdom constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Pearls of Wisdom LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Pearls of Wisdom LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Pearls of Wisdom LLC will work to keep the site operational and available to the maximum extent possible but access to the site or its usability is not guaranteed.
You agree that you will use sharepearlsofwisdom.com with the English language and that the Site is designed to be administered in English. The operators of the Site wish to monitor its usage and ensure a quality user experience and a consistent language usage is consistent with this business need.
We may endorse products at times on sharepearlsofwisdom.com and may be compensated for such endorsements direction, with revenue sharing or other arrangements.
Children, including Children Under Thirteen
Pearls of Wisdom LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Pearls of Wisdom LLC does not consent to the use of its Site by a person under the age of thirteen, so if you are under the age of thirteen you may not use this Site.
If you are under 18 or the age of legal consent in your state or location, whichever is highest, you may use sharepearlsofwisdom.com only with permission of a parent or guardian. You must have your parent or guardian review these Terms and agree to these Terms prior to your use of the Site. Should your parent or guardian discontinue your permission to use the Site, you will stop using the Site sharepearlsofwisdom.com immediately until you have the legal right to do so.
You may cancel your free account at any time. The digital word art fee structure and refund policy will be as set forth in the terms of such purchase.
Links to Third Party Sites/Third Party Services
sharepearlsofwisdom.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Pearls of Wisdom LLC and Pearls of Wisdom is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pearls of Wisdom is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pearls of Wisdom of the site or any association with its operators.
Certain services made available via sharepearlsofwisdom.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the sharepearlsofwisdom.com domain, you hereby acknowledge and consent that Pearls of Wisdom LLC may share such information and data with any third party with whom Pearls of Wisdom has or may in the future have a contractual relationship to provide the requested product, service or functionality on behalf of sharepearlsofwisdom.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Pearls of Wisdom LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You represent and warrant you have copyright, trade mark and/or all other intellectual property permissions necessary to post any and all content that you post to the Site and that such posting will not violate the rights of any third party or any law.
If you believe someone else’s post on the Site violates your rights you may contact our designated agent, Jed Grennan at firstname.lastname@example.org. You must provide the following:
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 to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
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.
A 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.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pearls of Wisdom LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pearls of Wisdom LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pearls of Wisdom or our licensors except as expressly authorized by these Terms.
This Website contains certain intellectual property (including, without limitation, copyrights, trademarks, trade names, trade dress) of Pearls of Wisdom, LLC, our affiliates and/or third parties. All rights to such property are retained by the holder of the rights under United States and applicable laws of other countries. You gain no rights to use such intellectual property by using this Website. You may not copy or retransmit any of the intellectual property without our express written consent.
Use of this Website does not grant you any rights or license to any of the intellectual property contained therein.
If you purchase digital word art from sharepearlsofwisdom.com, you agree to this copyright notice:
The bearer of this notice has purchased a high-resolution digital art file from Pearls of Wisdom (sharepearlsofwisdom.com), that owns the underlying copyright in such art and the trademark “Pearls of Wisdom.” Bearer is hereby granted permission by Pearls of Wisdom to print the art for framing and display (personal use only) or posting on their personal social media pages (no business pages) or use in connection with invitations to their personal life events. However, the art may not be altered or edited in any way (other than overall sizing for framing or personal posting purposes), and the copyright and trademark notices shall remain intact on the print. This permission applies worldwide, except for the European Union (EU) which is not permitted to participate on the Pearls of Wisdom website at the present time. Bearer agrees that he/she may not use the Pearls of Wisdom art for commercial or editorial purposes or enter the Pearls of Wisdom art into competition without the further express written permission of Pearls of Wisdom. Pearls of Wisdom retains the copyright to said art under the United States Copyright Act of 1976, as amended.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Pearls of Wisdom LLC has no obligation to monitor the Communication Services. However, Pearls of Wisdom reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Pearls of Wisdom reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Pearls of Wisdom LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pearls of Wisdom’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Pearls of Wisdom LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pearls of Wisdom specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Pearls of Wisdom spokespersons, and their views do not necessarily reflect those of Pearls of Wisdom.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to sharepearlsofwisdom.com or Posted on Any Pearls of Wisdom LLC Web Page
Pearls of Wisdom LLC does not claim ownership of the materials you provide to sharepearlsofwisdom.com (including feedback and suggestions) or post, upload, input or submit to any Pearls of Wisdom Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pearls of Wisdom, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Pearls of Wisdom LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Pearls of Wisdom’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and that such Submission will not violate any law.
The Service is controlled, operated and administered by Pearls of Wisdom LLC from our offices within the United States of America (USA). If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Pearls of Wisdom Content accessed through sharepearlsofwisdom.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Pearls of Wisdom LLC is developing procedures for General Data Protection Regulation (GDPR) and is not accepting any users from the European Union (EU) at this time. By using sharepearlsofwisdom.com you represent and warrant you are not a resident of the EU or otherwise covered by the GDPR such that Pearls of Wisdom would have to comply with GDPR.
You agree to indemnify, defend and hold harmless Pearls of Wisdom LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Pearls of Wisdom reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pearls of Wisdom in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Orlando, Florida. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Should any litigation result that is not covered by this arbitration provision, the parties agree to the exclusive jurisdiction of and that the venue of such litigation shall be in the state and federal courts siting in Orange County, Florida.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Pearls of Wisdom agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
It is understood and agreed the sharepearlsofwisdom.com is in a beta test and that reliability and availability of the Site may be uncertain. Pearls of Wisdom LLC makes no guarantees to you on its availability or reliability of its Site at sharepearlsofwisdom.com.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PEARLS OF WISDOM LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PEARLS OF WISDOM LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED WITHOUT WARRANTY OR CONDITION OF ANY KIND. PEARLS OF WISDOM LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Pearls of Wisdom LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pearls of Wisdom LLC as a result of this agreement or use of the Site. Pearls of Wisdom’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pearls of Wisdom’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pearls of Wisdom with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pearls of Wisdom LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pearls of Wisdom with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Pearls of Wisdom LLC reserves the right, in its sole discretion, to change the Terms under which sharepearlsofwisdom.com is offered. The most current version of the Terms will supersede all previous versions. Pearls of Wisdom encourages you to periodically review the Terms to stay informed of our updates.
Pearls of Wisdom welcomes your questions or comments regarding the Terms:
Pearls of Wisdom LLC
1000 Legion Place, Suite 701
Orlando, Florida 32801
Effective as of August 30, 2018
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