February 14, 2016
3. MATERIAL USE RESTRICTIONS:
All information, materials and content found on any Pepper Tree Seasonings site or contained within our sites are our copyrighted property and/or the copyrighted property of our licensors or licensees. All trademarks, trade names, service marks and trade dress are proprietary to us and/or our licensors and licensees and may not be used in any fashion without both parties explicit, written consent. For further information about our copyright policies please review our full copyright policy.
The Pepper Tree Seasonings Site(s) are only for your personal use and may not be used for unintended commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
4. ARTICLES OF SUBMISSION:
We appreciate hearing from our customers and visitors and we welcome any comments regarding the products and services we offer. However, we have adopted a strict company policy that does not allow us to accept or consider any unsolicited creative ideas, suggestions or materials. Please understand that it is our intention to avoid any possibility of future misunderstandings if projects that are developed by us or by others under our direction appear to others to be similar to their own ideas or creative works. Please do not send us any unsolicited materials such as but not limited to creative ideas, stories, music, artwork, photographs, lyrics, poems, drawings and similar material which we determine to be "Unsolicited Submissions".
If you intentionally or unintentionally send us any Unsolicited Submissions, or through any features and/or activities found on any Pepper Tree Seasonings Site(s) (including and without limitation to games, contests, sweepstakes, promotions and Public Forums (as defined below in section 10, labeled "PUBLIC FORUMS BLOGS AND BULLETINS")), in which you send us Unsolicited Submissions, as describe above, as well as links to such materials, we (and our licensees, distributors, agents, representatives, and other authorized users) shall have full entitlement of unrestricted use of such materials and submissions for any and all purposes, including commercial or otherwise, without the requirement of any permission from and/or payment to you or any other person or entity. We shall have no obligation of confidentiality regarding any submissions and we shall not be held responsible or liable for any use or disclosure of any Submission. Without limitations to the previous statements, you hereby grant us (and our licensees, distributors, agents, representatives, and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use in any way we desire (including, without limitation, on Pepper Tree Seasonings Site(s), on third party web sites, and on products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License"). You agree to the previous statements and the granting of rights, consents, agreements and assignments whether or not any of your Submissions are used by us or our licensees, distributors, agents, representatives, and other authorized users.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
Use of and Membership in the Pepper Tree Seasonings Services is void where prohibited. By using the Pepper Tree Seasonings Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Pepper Tree Seasonings Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
This Agreement shall remain in full force and effect while you use the Pepper Tree Seasonings Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Pepper Tree Seasonings may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
There are currently no fees associated with the use of this site. Pepper Tree Seasoning may charge for certain features in the future, but any such features will be voluntary and must be signed up for by the users of Pepper Tree Seasonings website at that time.
When you sign up to with your customer information, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Pepper Tree Seasonings immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
9. SECURITY & PRIVACY OF PERSONAL INFORMATION:
Registration is not currently mandatory on this site. However, in the future we may require your to register in order to use some features of the site. We highly suggest you voluntary fill out the registration form for the purposes of continued communication and notification of changes with regard to our site and its use.
By doing so, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of any Pepper Tree Seasonings Site (or any portion thereof).
If you feel that the security of your private and personal information has been compromised through one of our third party affiliates such as but not limited to PaGO and/or PaGO Quick Pay, it is your responsibility to notify them directly and immediately of the security breach to obtain further instruction.
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
10. PUBLIC FORUMS, BLOGS AND BULLETINS:
"Public Forum" means any area, site or feature offered by any Pepper Tree Seasonings Site that enables users or visitors of any Pepper Tree Seasonings Site
(a) to submit, post, display and/or view User-Generated Content and/or
(b) to communicate, share or exchange User-Generated Content with other Pepper Tree Seasonings Site users, visitors and members of the general public including, without limitation, a chat area, message board, instant messaging, social community environment, profile page, conversation page and e-mail or message functions.
You acknowledge that anything you submit to a Pepper Tree Seasonings Site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public. You shall have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered on any Pepper Tree Seasonings site(s) are for public and not private communications. Be advised that whenever you give out personal information online, through any media, including without limitation, a Public Forum, Blog or Bulletin, that information can be collected and used by anyone. We cannot guarantee the security of any information you disclose through any of these public forum features; you use these features at your own risk.
You are solely responsible for the User-Generated Content submitted and/or posted under your username. If others obtain your user information, you shall be held responsible for any User Generated Content posted all the same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we will not be responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability with regard to any representations made by nor endorse, the opinions, advice or recommendations posted by any users of our Public Forums.
We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason, at our sole discretion and without prior notice, although we have no duty to do so or to monitor any Public Forum. If we choose to screen User-Generated Content, there may be some delays in the posting of such content in a Public Forum to allow for a review process. If we have any questions about the User-Generated Content you post, including but without limitation to the copyright, we may contact you for further information including, for example, to verify that you own the copyright or have obtained permission to post the material.
When you are participating in any Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Any information you may get in a Public Forum may not be reliable, and it is never a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm is true, accurate and/or reliable. We cannot be responsible for the accuracy and reliability of any User-Generated Content contained in a Public Forum, and we will not be responsible for any purchases, trading, investment, or any other decisions made or actions taken or not taken based on such information or content.
Your ability to access, browse, submit and/or post User-Generated Content within our Public Forums may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such restrictions and procedures will be posted within the Public Forum.
11. RULES FOR USE OF PEPPER TREE SEASONINGS SITES:
The following is a list of Rules provided by Pepper Tree Seasonings Site(s). By using the Pepper Tree Seasonings Site(s), you agree that:
1. You will not submit, post, upload or distribute any User-Generated Content that:
(a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person;
(b) is bigoted, hateful, or racially or otherwise offensive;
(c) contains elements of violence, vulgarity, obscene subject matter, explicit sexual pornography, under aged nudity or links to any adult websites;
(d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
(e) provides any telephone numbers, street addresses, last names, URLs or email addresses;
(f) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(g) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
(h) includes a photograph of another person that you have posted without that person's consent and/or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
(i) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or
(j) does not comply with all terms and conditions applicable to the Submissions License (set forth above in section 4 labeled "ARTICLES OF SUBMISSIONS");
3. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage Pepper Tree Seasonings Site(s) or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Pepper Tree Seasonings Site(s);
4. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;
5. You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
6. You will not promote or further any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
7. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
8. You will not solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
9. You will not use, conduct any commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes that are not part of the Pepper Tree Seasonings Site(s) offering and control;
10. You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;
12. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
13. You will not use any automated systems, such as using scripts to add friends or send comments or messages;
14. You will not engage in acts of interfering with, disrupting, or creating an undue burden on Pepper Tree Seasonings Site(s) or the networks or services connected to Pepper Tree Seasonings Services;
15. You will not use the account, username, or password of another Member at any time or disclose your password to any third party or permit any third party to access your account;
16. You will not sell or otherwise transfer your profile; and
17. You will not display an advertisement on Pepper Tree Seasonings Site(s), or accept payment or anything of value from a third person in exchange for you performing any commercial activity on or through the Pepper Tree Seasonings Site(s) on behalf of that person, such as placing commercial content on Pepper Tree Seasonings Site(s), posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;
To the extent that any feature on a Pepper Tree Seasonings Site requires you to submit your e-mail address or mobile phone number in order to send a card, e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address or actual mobile phone number, as applicable. Any business use, "re-mailing," or other high-volume application is strictly prohibited. You are not permitted to send cards, e-mails or messages using an automated program. Electronic greeting cards, e-mails and mobile messages may not contain copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver electronic greeting cards, e-mails and mobile messages that violate these guidelines.
WE MAY CHANGE PEPPER TREE SEASONINGS SITE(S) OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY OR NO REASON.
12. OUR RIGHTS FOR THE REMOVAL OF CONTENT:
We reserve the right, but disclaim any obligation or responsibility, to remove any User-Generated Content from any Pepper Tree Seasonings Site(s)
(b) to comply with any subpoena and to cooperate with law enforcement officials regarding the identification of any user alleged to be using a Pepper Tree Seasonings Site in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such User-Generated Content and turn all or a portion thereof over to law enforcement officials.
13. LINKS TO THIRD PARTY SITES
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a Pepper Tree Seasonings Site.
THE INFORMATION, CONTENT AND MATERIALS ON PEPPER TREE SEASONINGS SITE(S) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY PEPPER TREE SEASONINGS SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PEPPER TREE SEASONINGS SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY PEPPER TREE SEASONINGS SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY PEPPER TREE SEASONINGS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any Pepper Tree Seasonings Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Pepper Tree Seasonings Site or third-party information, content or materials contained on our sites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
15. SUBSCRIPTION BASED SERVICES:
Pepper Tree Seasonings Sites may offer subscription-based services at a future date. At such time you will be able to refer to the Member Service Agreement for the applicable subscription-based service for specific terms and conditions applicable thereto.
16. STATEMENT OF INDEMNIFICATION:
17. STATEMENT OF LIMITED LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY PEPPER TREE SEASONINGS SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A PEPPER TREE SEASONINGS SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY PEPPER TREE SEASONINGS SITE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE PEPPER TREE SEASONINGS SITE(S) AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE PEPPER TREE SEASONINGS SITE(S) IN AN ACCURATE OR TIMELY MANNER.
18. JURISDICTIONAL AND VENUE ISSUES:
20. RIGHTS OF TERMINATION:
Pepper Tree Seasonings
P.O. Box 188
San Dimas, CA 91773
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
21. GENERAL PROVISIONS:
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent:
Service Provider: Pepper Tree Seasonings
Name of Agent Designated to Receive Notification of Claimed Infringement: Ryan P. Lopez
Full Address of Designated Agent to Which Notification Should be Sent:
Pepper Tree Seasonings
P.O. Box 188
San Dimas, CA 91773
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us 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;
5. 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; and
6. 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.
We may give notice to our users by means of a general notice on any Pepper Tree Seasonings Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Pepper Tree Seasonings may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Director of Operations
Pepper Tree Seasonings
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.