References in these documents to Sweet Berry Lane Website OR phrases like: “We” “Us”, “Website”, “Service” or “Service” mean Sweet Berry Lane, Inc., or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity utilizing Sweet Berry Lane
SOFTWARE LICENCE AGREEMENT.
ONWERSHIP AND OTHER PROPRIETARY RIGHTS
THIS SERVICE AND SOFTWARE ARE, IN THEIR ENTIRETY PROPRIETARY TO SWEET BERRY LANE. AS SUCH, THEY ARE PROTECTED BY US COPYRIGHT, INTELLECTUAL AND OTHER SUBSTANTIAL LAWS, AS WELL AS INTERNATIONAL TREATY PROVISIONS, YOU THEREFORE MUST TREAT THIS SERVICE AND/OR SOFTWARE AS LEGALLY PROTECTED MATERIAL.ONE IS NOT TO RENT, SUBLET, REDISTRIBUTE, SELL, TIMESHARE OR COPY THIS SOFTWARE’S SOURCE CODE, CONTENT OR MIMIC IT’S FUNCTIONALITY BY TRANSLATING, DISASSEMBLING, OR IN ANY OTHER WAY, CREATING DERIVATIVE WORKS WHICH ARE BASED ON THIS UNIQUE CODE, CONTENT OR FUNCTIONALITY PATTERN, UNLESS STATED OTHERWISE IN THIS SPECIFIC SOFTWARE LICENSE AGREEMENT AND WITHOUT PREVIOUS CONSENT FROM SWEET BERRY LANE. SWEET BERRY LANE DOES NOT GUARANTEE THAT CONSENT WILL EVER BE ISSUED. VIOLATING FULL OWNERSHIP RIGHTS GIVES SWEET BERRY LANE THE RIGHT TO TAKE ANY ACTION IT DEEMS APPROPRIATE, NOT EXCLUDING CIVIL AND/OR CRIMINAL ACTIONS BEING BROUGHT UP AGAINST THE INDIVIDUAL, GROUP OR OTHER THIRD PARTY INVOLVED IN THE VIOLATION.
COPYRIGHT AND COPYRIGHT INFRINGEMENT PROVISIONS. DMCA.
This Service’s Content is primarily original, unless stated and/or attributed otherwise. The site’s Content is created, gathered, modified and/or published with respect to the Authors (Licensors) in accordance with all US’s governing law and international intellectual property law standards. Sweet Berry Lane, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete Content on the Website. All the copyright and/or other intellectual property rights regarding this Website’s full Content (including, but not limited to sections of this Website which are or are not available to the general public, registered Users, persons with authorized access to specific sections of the Website etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, Content and/or functionality of this Website can only be transferred via a binding agreement between Sweet Berry Lane, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Website’s visitors. Sweet Berry Lane DOES NOT warrant that Licenses would be issued to any person, group and/or other third party without a previous formal request. Sweet Berry Lane DOES NOT WARRANT that Licenses will be issued to any person, group and/or other third party AT ALL. Note that any unilateral transfer of copyright and/or other intellectual property rights are null and void. Any breach of Content and intellectual property law provisions, sanctioned by U.S. governing law does not exclude the possibility of Sweet Berry Lane treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing: – 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 you, such as an address, telephone number, and, if available, an electronic mail;- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications of claimed infringement should be sent via e-mail, post or fax. You acknowledge that if you fail to comply the aforementioned requirements, your DMCA notice may not be valid. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: – Your physical or electronic signature; – Identification of the content that has been removed or to which access has been disabled and the location at which the content Serviceeared before it was removed or disabled; – A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; -Your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If Your counter-notice is received by the Copyright Agent, Sweet Berry Lane may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Sweet Berry Lane’s sole discretion.
EXPRESS LICENSING GRANT
CHANGES TO PERSONAL INFORMATION.
You are to change personal information submitted to the Service manuály, where the Service allows you to, or by e-mailing us on our Service’s e-mail. (insert e-mail).
INFORMATION COLLECTION AND RANGE OF USE. REGISTRATION AND USER INFORMATION.
Certain information is gathered and stored in log files. This information includes the IP address, browser type, ISP, OS, Date and Time Stamp and Clickstream data. This information does NOT identify individual Users nor can closely distinguish Users. This information is utilized to administer the site and to track Users’ movements across the Service. Cookies are small pieces of data stored locally on Your Device. Session ID cookies are used and utilized to maintain Users’ subscriptions and accounts. Information stored in cookies cannot closely distinguish Users. Session Cookies are utilized to improve navigation on our site. We do not recommend restriction of cookies, because we utilize them to improve Your user experience. Clear pixels are a part of a tracking technology, in order to track the movement of the Users within the Service. In contrast to Cookies, Clear Gifs are not stored on Your device. Sweet Berry Lane does not tie movement or usage data to personal information in any way whatsoever. Third party advertising services, providing you with targeted advertisements according to Your preferences, according to Your behavior and searches on the Internet. We may also utilize analytic software or algorithm in order for us to gain statistics gathered from users on our Service. The information advertising services or analytic software or codes collects is not, in any way, relatable to your identity, and we do not believe that it may be used to disclose your identity. If, at any time, you would like to unsubscribe from receiving future emails, you can email us directly, or submit a request on a dedicated area of our Service. You may also request to unsubscribe form future e-mails by following the instructions at the bottom of each email. Upon doing so, you will be promtly removed from ALL corespondense you have been subscribed to.
DISCLOSURE OF PERSONAL INFORMATION.
This subsection governs the further use of your personal information. We reserve the right to share and transmit the personal information you provide use only for the purpose of sharing within the Service’s employees, contractors or third-party authorized service providers, or in the unlikely case of proceedings which are to protect the property of our Service’s legitimate interests, third parties ort he general public. Disclosure is not to be used without merit or just cause found in the highest of standards, ethics or etiquette, to which all private entities are primarily bound to.
DISCLAIMER ON LAW ENFORCEMENT AND INQUIRIES OF POTENTIAL ABUSE
Sweet Berry Lane may disclose Your personal information in the minimal range which is necessary under Applicable law, in connection with any current or future legal proceedings in order to constitute or defend its respective legal rights. Sweet Berry Lane may further disclose Your personal information upon request of State authorities, in a range and manner prescribed by Applicable law. In the event of any disclosure, Sweet Berry Lane WILL NOT disclose more information than the minimal range which is prescribed by governing law. Sweet Berry Lane reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of Sweet Berry Lane and it will include any steps that Sweet Berry Lane finds Appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties.
SECURITY. FAIR INFORMATION PRACTICES. RIGHT TO REDRESS
Encryption technology is utilized to safely store Your personal information. Sweet Berry Lane follows accepted industry standards during the process of submission, transmission and acceptation of personal information. No method so far is 100% accurate, but We are committed in caring for the information You share with us in the best way possible. All of our employees are kept up to date in regards of privacy practices. Personally identifiable information are kept in a secure environment. If You have any questions in regards to our Security policy, please do not hesitate to contact Us. We, as a Service, oblige ourselves to notify you via e-mail, the Website or other recognizable aspect of our Service in the unlikely case of a data breach as soon as possible. You are entitled to seek redress from us in the case we do not inform you of a security breach which was within our scope of knowledge.
INTENDED FOR ADULT USE ONLY.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO USE THE SERVICE. BY DOWNLOADING, INSTALLING AND/OR USING SWEET BERRY LANE, YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. USAGE OF SWEET BERRY LANE IS FORBIDDEN FOR ALL PERSONS UNDER THIRTEEN (13) YEARS OF AGE. IF A CHILD UNDER THIRTEEN (13) YEARS OF AGE IS USING YOUR COMPUTER AND/OR MOBILE DEVICE, PLEASE DON’T SAVE YOUR ACCOUNT CREDENTIALS, SUCH AS YOUR USERNAME AND PASSWORD. THIS PREVENTS THE CHILD FROM ACCESSING SWEET BERRY LANE’S CONTENT AND SERVICES. YOU HEREBY ACCEPT ANY AND EVERY LIABILITY ARISING FROM THE USAGE OF YOUR PERSONAL ACCOUNT. USERS BETWEEN THE AGES OF THIRTEEN (13) AND SEVENTEEN (17) ARE TO USE THIS SERVICE DIRECTLY SUPERVISED BY PARENTS. SWEET BERRY LANE IS NOT, IN ANY WAY, LIABLE FOR THE UNREASONABLE BEHAVIOR OF ITS REGISTERED OR UNREGISTERED USERS. IT IS FURTHER NOT LIABLE FOR ANY AUTHORIZED OR UNAUTHORIZED USE OF YOUR ACCOUNT BY ANY THIRD PARTY (INDIVIDUAL OR GROUPS), INCLUDING MINORS UNDER YOUR SUPERVISION. IF ANY MINORS BELLOW THE AGE OF THIRTEEN (13) HAVE CREATED ACCOUNTS AND/OR ARE USING SWEET BERRY LANE CONTENT AND SERVICES, THIS ACCOUNT MAY BE SUSPENDED WITH OR WITHOUT PREVIOUS NOTICE.
CONSENT AND OPT-OUTS
In certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes. Firstly, and as stated in the introductory clauses, all further usage of Your personal information is subject to Your FURTHER CONSENT. You therefore have the choice of denying us access or not providing us this information, either manually within the Service, or on your mobile device. Please note that some aspects of the functionality of this Service depends on your providing of your personal information or location.
The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as Applicable.
VOID WHERE PROHIBITED
Although Sweet Berry Lane is accessible worldwide, not all products or services discussed or referenced on Sweet Berry Lane are available to all persons or in all geographic locations or jurisdictions. Sweet Berry Lane reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on Sweet Berry Lane is void where prohibited. In addition, Sweet Berry Lane makes no representation that materials on Sweet Berry Lane are Appropriate or available for use in locations outside U.S. jurisdiction whatsoever.
You hereby agree to INDEMNIFY and hold Sweet Berry Lane and its Representatives harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys’ fees and court costs, arising directly or indirectly from Your use of the Sweet Berry Lane Website, software or Services and/or Your breach of any representation, warranty or restriction contained in this Agreement.
Sweet Berry Lane RESERVES the right to transfer Your personal information, which are, once stored in Sweet Berry Lane’s servers, in ownership of Sweet Berry Lane. In the event that Sweet Berry Lane goes through a business transition, your personal information will likely be among the assets transferred. You will be notified via e-mail of any such change of ownership of Your personal information.
If You have any questions, do not hesitate to contact Us via e-mail, post or telephone number provided on Our Website.