INTRODUCTION
This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the PepperTreeTalent.com website (the “Website”). By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with PepperTreeTalent.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Website immediately. If you wish to become a Member, and make use of the Website, you must read this Agreement and indicate your acceptance during the registration process.
Pepper Tree Entertainment, LLC (“Pepper Tree Entertainment”) may modify this Agreement from time to time and such modification shall be effective upon posting by Pepper Tree Talent on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
1. COPYRIGHT
The Website, in its entirety, is the sole property of Pepper Tree Entertainment or its content suppliers and licensors and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Pepper Tree Entertainment and is protected by U.S. and international copyright laws. All software used on this site is the property of Pepper Tree Entertainment, its affiliates, or its licensors, and is protected by U.S. and international copyright laws. The content and software on this Website may be used as a personal e-commerce resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Website is strictly prohibited. The application of this Website, into any other website, is strictly prohibited unless pre-approved in writing by Pepper Tree Entertainment.
2. TRADEMARKS
Pepper Tree Entertainment and the Pepper Tree Entertainment logo are trademarks of Pepper Tree Entertainment, LLC, in the United States and other countries. Pepper Tree Entertainment’s trademarks may not be used in connection with any product or service that is not Pepper Tree Entertainment, in any manner that is likely to cause confusion among Users or in any manner that disparages or discredits Pepper Tree Entertainment.
3. USE OF SITE
By accessing this Website you are agreeing to all of the terms, conditions, and statements included in this legal statement. The entirety of this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Pepper Tree Entertainment. The Website may not be linked to any other site without prior consent of Pepper Tree Entertainment. Pepper Tree Entertainment and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Pepper Tree Entertainment believes that you conduct violates applicable law, disrupts our normal business activities or is harmful to the interests of Pepper Tree Entertainment and its affiliates.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pepper Tree Entertainment without restriction.
Pepper Tree Entertainment reserves the right, in its sole discretion, to reject, refuse to post or remove any posting, including email, by you, or to restrict, suspend, or terminate your access to all or any part of Website at any time, for any or no reason, with or without prior notice, and without liability. Even after your account is terminated, this Agreement will remain in effect, including all sections.
In order to access and use certain services, features or functions of the Website, we require Users to register and create an account. As part of the registration process, you will need to select and provide us with a unique user name and choose a password which must form a unique combination (a “User ID”), and we request that you provide your e-mail address, and may request that you provide other information that we may require. We may also, from time to time and at any time, provide users with additional codes or passwords necessary to access and use certain services, features or functions of the Website. Please read our Private Policy, which describes the non-public, personally identifiable information (“Personal Information”) we collect, use, disclose, manage and store. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs with your User ID and you must keep your account password secure. You are entirely responsible for maintaining the confidentiality of your password. Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. You may never use another’s account without permission. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID. You agree to immediately notify Pepper Tree Entertainment if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns. Although Pepper Tree Entertainment will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Pepper Tree Entertainment or others due to such unauthorized use.
4. PRIVACY
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Website. If you have any questions regarding Pepper Tree Entertainment’s privacy practices, you may send your question to us by e-mail to info@PepperTreeTalent.com.
5. TERMS OF TRANSACTIONS
Pepper Tree Entertainment does not assume any responsibility or liability for the actions and content of any third parties.
By displaying or publishing (“posting”) any content, media and materials, software, code, design, text, scripts, messages, images, photographs, illustrations, media files, artwork, graphic material, articles, databases, proprietary information, writings, slides, portraits, works of authorship, caricatures, likenesses, profiles, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (collectively, and individually “Content”), or any other materials on or through the Website, you hereby grant to Pepper Tree Entertainment a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Website.
You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content (including Pepper Tree Entertainment generated Content) from the Website, unless you are expressly authorized to do so by Pepper Tree Entertainment. You agree not to use or launch any automated system that accesses the Website in a manner that sends more request messages to Pepper Tree Entertainment servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Pepper Tree Entertainment grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pepper Tree Entertainment reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User submissions. As an express condition of your use of the Website, you warrant to Pepper Tree Entertainment that you will not use the Website for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Pepper Tree Entertainment makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the Website.
Pepper Tree Entertainment’s Content is protected by copyright, trademark, patent, trade secret and other laws, and Pepper Tree Entertainment owns and retains all rights to its Content and Website. We require Users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on the Website that infringes the copyright rights of others and will disable the access to the Website, and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in this Agreement which describes our Notice and Procedure for Making Claims of Copyright Infringement.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (“marks”) on or of the Website, are the intellectual property of and proprietary to Pepper Tree Entertainment, its affiliates, its or their advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of Pepper Tree Entertainment.
6. CHILDREN
The Website is offered and made available only to users 18 years of age or older – The Website is not intended for children under 18. Your account may be terminated without warning, if we believe that you are less than 18 years of age. By using or attempting to use the Website, you certify that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are not yet 18 years old, or your use of the Website is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please do not use the Website. Use of the Website is void were prohibited.
7. RULES OF CONDUCT
Your use of the Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. The following is a partial list of the kind of Content and activity that is illegal or prohibited to post on or through the Website. Pepper Tree Entertainment reserves the right to investigate and take appropriate legal action against anyone who, in Pepper Tree Entertainment’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and terminating the accounts of such violators; and/or reporting you to law enforcement authorities. Prohibited Content and/or activity include, but are not limited to Content and/or activity that, in the sole discretion of Pepper Tree Entertainment are itemized below. You shall not use, allow, or enable others to use the Website, or knowingly condone use of the Website by others, in any manner that is, attempts to, or is likely to:
1) be libelous, patently offensive, defamatory, indecent, obscene, racially, culturally, or ethnically offensive, harmful, harassing or advocating harassment of another person, promoting bigotry, hatred or physical harm of any kind against any group or individual, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
2) submit any Content that contains violence, or is of an offensive subject matter;
3) affect us adversely or reflect negatively on us, Pepper Tree Entertainment, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
4) further or promote any criminal activity or enterprise or provides 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;
5) promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
7) promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8) use the Website in a manner inconsistent with any and all applicable laws and regulations;
9) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages and/or mass mailings, instant messaging, or so-called “spamming,” spimming, and “phishing”;
10) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
11) interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;
12) forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
13 any automated use of the system;
14) sell or otherwise transfer your profile;
15) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
16) gain unauthorized access to the Website, other Users’ accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the Website or to use the Website in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
17) use the account, username, or password of another User at any time or disclose your password to any third party or permit any third party to access your account; or attempt to impersonate another User or person;
18) solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; or solicit personal information from anyone under 18;
19) include a photograph or image of another person that you have posted without that person’s consent;
20) contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
21) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website or the rights or use and enjoyment of the Website by any other person, firm or enterprise; or
22) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Website, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
8. INDEMNITY
You agree to indemnify, defend and hold Pepper Tree Entertainment, its affiliates, subsidiaries and its and their respective officers, directors, partners, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against: (i) any and all claims, actions, losses, expenses, damages, demand, obligation, liabilities, debt and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your use of the Website and/or any Content you provide, submit or make available on or through the Website or your unauthorized use of any Content (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that one of your postings caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
Pepper Tree Entertainment reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Pepper Tree Entertainment in the defense of any such claim, action, settlement or compromise negotiations, as requested by Pepper Tree Entertainment.
9. DISCLAIMER
THIS WEBSITE IS PROVIDED BY PEPPER TREE ENTERTAINMENT ON AN “AS IS” BASIS. PEPPER TREE ENTERTAINMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS SERVICES INCLUDED IN OR OFFERED BY THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEPPER TREE ENTERTAINMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEPPER TREE ENTERTAINMENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR PRODUCTS OR SERVICES ACQUIRED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Pepper Tree Entertainment disclaims any and all liability for the acts, omissions, conduct of any third-party Users, advertisers, and/or sponsors on the Website, in connection with the Website, or otherwise related to your use of the Website. Pepper Tree Entertainment is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Website to Pepper Tree Entertainment at info@PepperTreeTalent.com. Pepper Tree Entertainment may investigate the claim and take appropriate action, at its sole discretion.
10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Website should be sent ONLY to our Designated Agent. NOTE: The following information is provided solely for notifying the service providers referenced below that your Copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent: Pepper Law Group, LLC.
Name of Agent Designated to Receive Notification of Claimed Infringement: Daniel A. Pepper, Esq. Full Address of Designated Agent to Which Notification Should be Sent: Pepper Law Group, LLC, 72 W. End Avenue, Somerville, New Jersey 08876
Telephone Number of Designated Agent: (908) 698-0330
Facsimile Number of Designated Agent: (908) 248-9220
E-mail Address of Designated Agent: info@informationlaw.com For clarity, only copyright infringement notices should go to the Designated Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Webmaster at info@PepperTreeTalent.com. You acknowledge that if you fail to comply with all of the requirements of this Section 11, your notice may not be valid.
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
12. APPLICABLE LAW
This Agreement, including, without limitation, our Privacy Policy, and any additional terms and conditions that apply to your use of any specific services, features and functions, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated by this reference, contains the entire understanding and agreement between you and Pepper Tree Entertainment and supersedes any and all prior, inconsistent or other understandings relating to the Website and your use of the Website. This Agreement cannot be modified, changed or terminated, except as specifically described in the Introduction section of this Agreement. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Website, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the Website shall be governed by, construed and enforced in accordance with the substantive laws of the State of New Jersey applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of New Jersey and County of Somerset and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Pepper Tree Entertainment has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND PEPPER TREE ENTERTAINMENT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
For questions or comments regarding our policies, you may contact us at info@Pepper TreeTalent.com.
Copyright © 2012 Pepper Tree Entertainment, LLC- All Rights Reserved.