The Pearl Dream
Website Terms of Service
Effective Date: August 8th, 2013.
Welcome to The Pearl Dream! The Pearl Dream, Inc. (“TPD”, “us”, “we”, or “our”) maintains this website as a service to the user community that visits the Website subject to these Terms of Service. By using www.thepearldream.com and its sub-domains, including our platform for engaging with stories or folk tales (the “Website”), and the other services and features made available through the Website and any related services including any downloadable applications we make available to you from time to time (collectively with the Website, the “Services”), you indicate your unconditional acceptance of these Terms of Service. Throughout these Terms of Service “you” or “your” may refer as applicable to the Contributor (as defined below), a Reader (as defined below) or a member of the general public accessing or using any of our Services (each a “User”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND TPD ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 22 “AGREEMENT TO ARBITRATE”).
You may be accessing and using the Services as (i) a Contributor, (ii) a Reader or (iii) a member of the general public simply using the functionality, and/or reviewing the content, that is publicly available on the Services. TPD hereby grants to you, subject to the Terms of Service set forth herein, a non-transferable, non-sublicensable, non-exclusive, revocable, limited right to access and use the Services solely for the uses provided for herein and subject to the policies and restrictions that we post on our Website from time to time. Certain of our Services are accessible only by registered Users.
The Services provide a platform for Users to find and/or contribute stories or folk tales about African heritage and other heritages, as may be added by TPD from time to time, in various media such as text, audio, pictures, maps, video and video games (each story in a media format, a “Story”) across various devices in multiple languages. Stories may be provided by Contributors (as defined below), by TPD, or by our licensors. “Contributors” are Users who create Stories and submit such Stories through our Services. The Services connect Users who are interested in accessing and reading or viewing certain Stories (each User, a “Reader”) with Contributors and Stories. As independent contractors, the Contributors listed on our Services choose the content of their Story. A Contributor may submit a Story for posting on the Services by submitting a listing (“Listing”) consistent with the policies set forth by TPD on the Website from time to time. The Services may enable Readers to post ratings and reviews regarding particular Stories (each, a “Review”) in Public Areas (as defined below) on the Service from time to time.
2. Scope of Service.
You are responsible for obtaining any equipment and Internet service necessary to access our Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or services. You acknowledge that the Website and any mobile applications are evolving and that the form and nature of the Website or mobile applications, including the Services, may change from time to time without notice to you.
3. The Pearl Dream is Only a Platform.
THE SERVICES INCLUDE A PLATFORM FOR READERS TO FIND STORIES WRITTEN BY CONTRIBUTORS FOR CERTAIN HISTORIES OR FOLK TALES, WHETHER TRADITIONALLY ORAL OR WRITTEN. TPD DOES NOT TAKE PART IN THE INTERACTION BETWEEN READERS AND CONTRIBUTORS OTHER THAN PROVIDING THE PLATFORM FOR READERS TO FIND AND PURCHASE STORIES PROVIDED BY CONTRIBUTORS. TPD MAKES NO REPRESENTATIONS ABOUT THE LEGALITY, SUITABILITY, APPROPRIATENESS, OR ACCURACY OF THE STORIES OR CONTENT PROVIDED BY USERS THROUGH THE SERVICES. TPD IS NOT RESPONSIBLE TO MONITOR OR CONTROL STORIES, ANY REVIEWS PROVIDED BY USERS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY USER. TPD CANNOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE.
TPD DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR CONTRIBUTOR. TPD DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY CONTRIBUTOR’S PROFESSIONAL ACCREDITATION. WHEN INTERACTING WITH OTHER USERS YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DO NOT KNOW.
4. Submission of Stories by Contributors.
- Submission of Stories. A Contributor may submit a Story or other Content to TPD, either on-line through TPD’s Website, or as otherwise permitted by TPD from time to time (each a “Submission”). Subject to TPD’s distribution policies and terms, TPD may host, store, sell, and serve such Story on the Services. The Contributor’s Submission shall conform with the submission guidelines posted by TPD from time to time on the Website. TPD may choose to review such Story and TPD retains the right to reject any such Story at any time. Contributor shall not include any promotions, sponsorships, or other advertisements as part of such Story. If any such ads are included as part of a Story, TPD may elect to modify such Story to remove such ad or to completely remove such Story from the Services. Contributor shall not deliver to TPD any Story comprised of, or including, third party materials unless Contributor is the licensee of online distribution rights for such third party materials. If a third party provides TPD with a claim of infringement of any material contained within Contributor’s Story, then such Story may be blocked from the Services.
- Contributor’s Responsibility for Submitted Stories. The Contributor is solely responsible for all content in Stories that the Contributor transmits or submits to TPD. Contributor shall submit only content that Contributor has a right to provide for the uses described herein. Contributor shall not upload, email, post, publish, distribute, transmit, submit or otherwise make available to TPD any content that infringes the copyrighted works or violates the intellectual property rights of any third party. Contributor shall not submit Stories that contains any adult, pornographic, infringing, hate-related, violent or illegal content.
- Ownership. The Stories are licensed, not sold, by Contributor to TPD under these Terms of Service. Except for those rights expressly granted under these Terms of Service, no other rights are granted, either express or implied, to TPD.
- Licenses. Contributor hereby grants to TPD a perpetual, irrevocable, sublicensable, non-exclusive right and license to transmit, publicly perform, display, reference, store, host, index, cache, reproduce, reformat, edit, excerpt, create derivative works, and publish and otherwise use (collectively, the “License Rights”) Contributor’s Story(s) (including Listings) on the TPD Services to (i) host Story(s) on TPD’s servers; (ii) index Contributor’s Story(s); (iii) display, perform, sell, and distribute Contributor’s Story(s) on TPD Services; (iv) sell copies of Contributor’s Story(s) to Users of TPD Services; and (v) sell, sublicense and distribute to TPD’s third-party resellers, distributors, and agents Contributor’s Story(s) for resale and distribution through such third parties’ platform or distribution channels. The foregoing includes all necessary licenses for TPD and to sublicense to its third-party resellers, distributors, and agents the right to use, copy, display, distribute, and sublicense Stories, in whole or in part, chosen by TPD from Contributor’s Story(s) for display on the Services or by TPD’s resellers, distributors and agents and the right for TPD to modify, adapt, recast and create derivative works of Contributor’s Story(s) in TPD’s sole discretion and to index, display, sell and distribute Local’s Travel Guide(s).
- Bundled Stories. By submitting a Story to TPD, you hereby grant TPD the right to combine such Story, in whole or in part, with other Stories provided by you or other Users to create a new single, combined Story (a “Bundled Story”). Contributor agrees that with regards to its rights in content incorporated into a Bundled Story, such rights shall be subject to the License Rights set forth in (d) above.
- Trademark License. Contributor grants to TPD a non-exclusive, limited, worldwide, royalty-free license to use the Contributor’s name and any trademarks, trade names, domain names, designs, and logos (“Contributor Marks”) provided by Contributor in connection with Story and to provide for attribution purposes.
5. Transactions and Fees.
a. Purchase of Certain Rights to Stories. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay TPD via or directly its third party payment processing service provider. You also agree to pay the applicable fees for such Services (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes. You may cancel your subscription as provided on the Website from time to time. TPD is the provider of the Services, which permits registered Users to purchase certain rights to access Stories for end user use only under the terms and conditions set forth in these Terms of Service. The foregoing reference to purchase of Stories is not a sale of Stories or a sale of a copy of Stories, and TPD and/or our applicable Contributors retain all rights and interest in the Stories. Readers will not own the Stories; Reader’s rights will be limited to the foregoing license regardless of the use of the word “purchase” or “sale.”
b. Payment. Each Reader agrees that TPD may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials (as defined below). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TPD WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR WEBSITE FROM TIME TO TIME. Prices for products offered via the Services (each, a “Product”) may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. If a Story or other Product becomes unavailable following a transaction but prior to download, your sole remedy is a refund in accordance with the timeframes and rules as set forth on the Website from time to time. If technical problems prevent or unreasonably delay delivery of your Product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by TPD.
d. Shipping and Risk of Loss. For physical goods that are shipped to you, unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify TPD within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
e. Returns and Exchanges. If a Product is defective, you may return it during the applicable warranty period and we will send you a new item or credit your account. To request a refund, please contact us at email@example.com. When returning physical products, it is your responsibility to take reasonable care to see that the products are not damaged in transit and are received by us at our address as displayed on the Website. All refunds are subject to our shipping, return and exchange policies, as we may set forth from time to time.
f. Refunds. Other than an expressly set forth on our Website as updated from time to time, TPD has no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by TPD, in each case in TPD’s sole discretion.
6. Access and Use Terms.
c. Profiles. Upon registering for our Services, a user profile may automatically be created for you. TPD is not responsible for any personal information you choose to share within your profile.
d. Contributor-Specific Representations. If you utilize the Services as a Contributor,
(i) You represent and warrant that the information that you provide is accurate, complete, and up to date information as requested on the screens that collect information from you;
(ii) You represent and warrant that for each Story and Listing you provide to TPD, you have the right to provide all content contained in such Stories and Listings for the purposes contemplated in these Terms of Service;
(iii) You represent and warrant that you have the right to grant the licenses granted under this Agreement including, without limitation, that you have the authority to agree to these terms on behalf of the entity who controls the applicable rights to each Story; and
(iv) You represent and warrant that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to TPD nor fail to deliver payment for items purchased by you.
e. Reader-Specific Representations. If you utilize the Website as a Reader,
(i) You represent and warrant that the information that you provide is accurate, complete, and up to date information as requested on the screens that collect information from you; and
(ii) You represent and warrant that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to TPD nor fail to deliver payment for items purchased by you.
f. Acknowledgement to Receive Email. As a registered user of TPD, you agree to receive emails promoting any special offer(s). We may from time to time send you our newsletter with information about upcoming events, special promotions, and product and service offerings from us and our partners. You may opt-out from receiving special promotions or our newsletter by emailing firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
7. Website Content.
Users have a personal, non-transferable, non-exclusive right to access and use the Content (including Stories purchased by such Users) of this Website subject to these Terms of Service. The term “Content” means all information, text, images, data, links, software, Reviews, Listings, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services; for clarity “Content” includes Stories only to the extent expressly indicated herein.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right, but without obligation, to make changes to document names and Content (including Stories), descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content (including Stories that you purchase) that is available to you on this Website or through the Services, subject to the following conditions:
a. The Content (including Stories that you purchase) may be used solely for internal informational purposes. No part of this Website or its Content (including Stories that you purchase) may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose, except as set forth on the Website from time to time.
b. The Content (including Stories that you purchase) may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content (including Stories) displayed on our Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Services.
By using the Services, you agree to indemnify, hold harmless and defend TPD from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
9. Content Submitted by Users.
- Liability. We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through our Services, such as through Public Areas. We do not prescreen information in Stories or Content posted to online discussion boards, forums or chat rooms (each, a “Public Area”). With respect to such Stories, or Content in Public Area, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users through a Story or Public Area are those of the respective Contributor, author(s) or distributor(s) and not of TPD. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to our Services is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to our Services.
- Monitoring. We have the right, but not the obligation, to monitor Stories or Content submitted to our Services either through our submission forms or through Public Areas, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any Public Area provided through our Services. Without limiting the foregoing, we have the right to remove any material that TPD, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you submit or post to our Services.
d. Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by Users does not constitute lobbying by TPD, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
10. Prohibited Conduct.
You shall not manipulate the price of any goods or services offered on the Services, in any manner. Furthermore, you shall not disrupt or otherwise interfere in any way with any other User’s use of the Services.
By accessing our Services or any chat room, online discussion forum, or other service provided through our Website that allow Users to communicate to other Users (“Public Areas”), you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by TPD.
- Circumvent or manipulate our fee structure, the billing process, or fees owed to TPD or the Contributor; fail to deliver payment for items purchased by you.
- Manipulate the price of any item or interfere with other Users’ Listings.
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
- Post Content which infringes another’s copyright, trademark or trade secret.
- Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
- Post unsolicited advertising or unlawfully promote products or services.
- Take any action that may undermine the feedback or ratings system when it becomes available (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to TPD )
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
- Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
- Introduce viruses, worms, Trojan horses and/or harmful code to the website.
- Obtain unauthorized access to any computer system through the website.
- Transfer your TPD account (including feedback) and Login Credentials to another party without our consent.
- Harvest or otherwise collect information about Users, including email addresses, without their consent.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
All submissions made to Public Areas will be public, and TPD will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
11. Release of The Pearl Dream.
Neither TPD nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any use of the Service. TPD expressly disclaims any liability or claims that may arise between Users of our Services. You are solely responsible for your interactions with all other Users and any disputes that arise from those interactions with other Users. TPD may monitor disputes between Users, but is not obligated to monitor, mediate, or resolve such disputes.
Because TPD is not responsible for or involved in any contact between Readers and Contributors, in the event that you have a dispute with one or more Users, you hereby release TPD (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
TPD services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a Parent. In this case, the Parent is responsible for any and all activities of the Reader in connection with our Services.
13. No Solicitation.
Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through TPD without express written permission from TPD.
You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of TPD.
14. Intellectual Property Rights.
Unless otherwise noted, all Content contained on this Website is the property of TPD and/or its affiliates or licensors (the Stories are the property of the applicable Contributors), and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The service marks and trademarks of TPD, including without limitation TPD and the TPD logos are service marks owned by The Pearl Dream, Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
15. Suggestions and Feedback.
By posting Content or sending us any ideas, suggestions, documents or proposals other than Stories (“Suggestions”), you represent and warrant and agree that (i) your Suggestions do not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Suggestions, (iii) we may have something similar to the Suggestions already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Suggestions, and you irrevocably waive, and cause to be waived, against TPD and its users any claims and assertions of any moral rights contained in such Suggestions. Furthermore, by posting Suggestions to any Public Area of the Website and/or the Services, you automatically grant TPD all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Suggestion on the Website and/or Services by any party for any purpose.
16. Copyright Infringement; Notice and Take Down Procedures.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is TPD’s policy to respond to notices of any actual or alleged infringement that are reported to TPD’s “Designated Copyright Agent” and that comply with the DMCA. If you believe that any materials on our Services infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to our Services can be contacted at :email@example.com or at
The Pearl Dream, Inc.
ATTN: Copyright Agent
175 Varick St.
New York NY 10014
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.
17. Disclaimer of Warranty.
USE OF THE SERVICES AND ANY STORIES IS ENTIRELY AT YOUR OWN RISK.
you acknowledge that the Website, THE STORIES, and ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” and are based in part on Listings provided by Contributors, which are not verified by TPD, and that any Stories, LISTINGS or other content acquired through the use of the SERVICES is at your sole risk and discretion. TPD and its AFFILIATES AND LICENSORS are not liable or responsible for any results generated through the use of the Website. WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, TPD DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER TPD NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN USERS. TPD AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
18. Limitation of Liability.
(a) Disclaimer. IN NO EVENT SHALL TPD BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) Limitation. YOU AGREE TPD’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, OR ANY LISTING OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS, IF ANY, YOU PAID IN COMMISSIONS TO TPD FOR THE SERVICES IN THE THEN-PRIOR SIX MONTHS.
(c) Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We may terminate any User’s access to our Website, including access to any Public Areas, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Services.
Contributor may request that TPD remove its name from a Story provided through the Services. Upon such request, TPD will cease using Contributor’s name in the distribution of the applicable Stories; provided that, Contributor acknowledges and agrees TPD’s other rights granted hereunder in Stories shall be unaffected.
You may terminate your account at any time by ceasing all use of the Service. TPD will have no obligation to provide a refund of any amounts previously paid to TPD. Upon termination of a User’s account under these Terms of Service, all license rights granted by such User to TPD shall survive termination. Even after your right to use the Service is terminated or suspended, these Terms of Service will remain enforceable against you.
21. Governing Law; Dispute Resolution.
These Terms of Service shall be governed by the laws of the State of New York, USA, excluding: its conflicts of laws principles; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.
22. Agreement to Arbitrate; Waiver of Class Action.
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor TPD can require the other to participate in an arbitration proceeding. To opt out, you must notify TPD in writing within 30 days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, and your TPD account to which the opt-out applies. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate and a clear statement that you want to opt out of this Agreement To Arbitrate. You must use this address to opt out:
The Pearl Dream, Inc.
ATTN: Arbitration Opt-out
175 Varick St.
New York NY 10014
This Arbitration section will survive the termination of your relationship with TPD.
You may not assign or transfer these Terms of Service in whole or in part to any third party without the consent of TPD. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. TPD and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by TPD, and cannot be amended except by a writing signed by both parties or by TPD’s posting of an amended version of these Terms of Service on its Website. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
24. For Additional Information.
If you have any questions about these Terms of Service, please contact firstname.lastname@example.org.
Copyright © 2013 The Pearl Dream, Inc. All Rights Reserved.