Important Notice!

These TERMS OF SERVICE (thereinafter referred to as: “Terms of Service”) apply to each and every User visiting and/or using this Website, Content and/or Services. These Terms of Service are made available on our Website. These Terms of Service constitute a single, legally binding document between you and Sweet Berry Lane, along with other supplemental documents you willingly entered into by expressing your consent. Expressing consent to certain terms may be as simple as clicking an “I agree” button, electronic signature, conclusive payment etc. By accessing and using Sweet Berry Lane, You are hereby compliant and expressly AGREE to all conditions contained in these Terms of Service, and thus find them reasonable. Your behavior on this Website is at ALL times governed and subject to these General Terms of Service and all possible supplemental documents, not excluding contracts which you have agreed to. Consent may be given in writing, orally, conclusively (with usage or visiting this Website), or by signing a document with a simple electronic signature (clicking an “I Accept” button)… Additional information or terms that are applicable to a specific sale or marketing may be displayed on Our Website and/or in a notice sent to and/or displayed at a place which is easily accessible or visible to the Users. This Website is, by all objective standards, a legally bound Service, which does NOT promote hate speech, intolerance or any type of penal behavior under the relevant applicable law, international treaties on these subjects and universal guidelines on ethical behavior.  References in these documents to “this Website”, “We”, “Us”, “Sweet Berry Lane” or „Service“ mean Sweet Berry Lane.com and its owner, or (if different) 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 registering to bid in a Sale, utilizing Sweet Berry Lane’s service. References to “Sellers” mean the person or other entity, who/which has published material for sale on Sweet Berry Lane.com and is willing to conclude a sale or licensing agreement with a specific Buyer. References to “Buyer” mean Users which accept a Bidder’s offer in full, along with all contractual Terms submitted therein.

BY VISITING AND USING SWEET BERRY LANE SERVICE AND/OR SOFTWARE (COLLECTIVELY REFERRED TO AS: SERVICE), YOU ARE HEREBY COMPLIANT TO ALL PROVISIONS INCLUDING THE EXPRESS TERMS AND RESTRICTIVE COVENANTS THESE TERMS OF SERVICE AND SWEET BERRY LANE PRIVACY POLICY INCLUDE, AND THUS FIND THEM TO BE REASONABLE. IF YOU DO NOT FIND THESE PROVISIONS REASONABLE, PLEASE STOP USING SWEET BERRY LANE SERVICE, SOFTWARE AND/OR SERVICES. DELETION OF YOUR USER ACCOUNT OR PROFILE INFORMATION IS ALSO REQUIRED. UNLESS YOU DO SO, YOU WARRANT THAT YOU ARE COMPLIANT TO THESE TERMS OF SERVICE AND PRIVACY POLICY. FURTHERMORE, YOU HEREBY INDEMNIFY SWEET BERRY LANE, ITS SUBSIDIARIES, OFFICES, PARTNERS, EMPLOYEES, MANAGEMENT OR ADMINISTRATIVE TEAM, OTHER REPRESENTATIVES AND ALL FUTURE INDIVIDUALS OR LEGAL PERSONS INVOLVED WITH SWEET BERRY LANE IN RESPECT TO ANY LOSSES POSSIBLY SUFFERED IN CONNECTION TO THE SERVICE, SOFTWARE, CONTENT AND SERVICES. SWEET BERRY LANE, BEING A PRIVATE ENTITY DOES NOT SUPPORT INTOLERANT BEHAVIOR AND DOES NOT PROMOTE ANY TYPE OF CRIMINAL ACTIVITY. SWEET BERRY LANE IS, BY ALL OBJECTIVE STANDARDS, A LEGITIMATE AND LEGALLY BOUND LIMITED LIABILITY COMPANY, INCORPORATED AND ASSOCIATED UNDER APPROPRIATE U.S. GOVERNING LAW.

 

SOFTWARE LICENCE AGREEMENT.

THIS SPECIFIC SOFTWARE LICENSE AND TERMS OF SERVICE, ALONG WITH THE PRIVACY POLICY CONSTITUTE A SINGLE, LEGALLY BINDING AGREEMENT BETWEEN SWEET BERRY LANE AND YOU. THESE TERMS OF SERVICE ALONG WITH THE PRIVACY POLICY FORM THE COMPLETE AND EXCLUSIVE STATEMENT OF THE PROVISIONS GOVERNING THE USAGE AND PRIVACY NOTIFIERS OF SWEET BERRY LANE SOFTWARE, DOCUMENTATION AND AUXILIARY MATERIALS, WHICH FORM A FULL AND FUNCTIONAL SERVICE. YOU EXPRESS YOUR INTENT TO USE THE AFOREMENTIONED. BY SELECTING “I AGREE” AND CONTINUING WITH INSTALLATION OF THIS SOFTWARE, OR BY EXPRESSING CONSENT IN ANY OTHER WAYS INCLUDING, BUT NOT LIMITED TO: WRITTEN OR ORAL STATEMENTS, USAGE OF ALREADY INSTALLED SOFTWARE OR OTHER CONCLUSIVE MANNER POSSIBLE. YOU ARE HEREBY COMPLIANT, AND THEREFORE BOUND BY THIS SET OF LEGAL DOCUMENTS. BY USING SWEET BERRY LANE SERVICE, SOFTWARES, PRODUCTS OR SERVICES, YOU ARE COMPLIANT WITH THE PROVISIONS OF THIS SPECIFIC TERMS OF SERVICE, AND PRIVACY POLICY, AND THUS FIND ALL PROVISIONS TO BE REASONABLE. IF YOU ARE NOT COMPLIANT TO THIS PRIVACY STATEMENT, OR IN ANY WAY DO NOT FIND THESE PROVISIONS REASONABLE, PLEASE STOP USING SWEET BERRY LANE SERVICE, SOFTWAREAND/OR SERVICES. UNINSTALLATION OF ALREADY INSTALLED SOFTWARE IS ALSO REQUIRED. DELETION OF PROFILE INFORMATION IS REQUIRED AS WELL. UNLESS YOU DO THE AFOREMENTIONED, YOU CONCLUSIVELY WARRANT THAT YOU ARE COMPLIANT TO THIS PRIVACY POLICY AND its EXPRESS PROVISIONS.

 

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.

 

EXPRESS LICENSING GRANT

SWEET BERRY LANE HEREBY GRANTS YOU A NON-EXCLUSIVE AND NON-TRANSFERRABLE LICENSE TO USE THIS WEBSITE AND/OR SOFTWARE. THIS LICENSE IS INTENDED FOR PERSONAL OR EDUCATIONAL USE ONLY. PERSONAL USE MAY BE REALIZED VIA A STATIC (PERSONAL) OR PORTABLE COMPUTER AND/OR MOBILE DEVICE THAT SUPPORTS THIS WEBSITE AND/OR SOFTWARE. EDUCATIONAL USE IS, AT ALL TIMES, GOVERNED BY THE FERPA ACT, WHICH IS TO BE INCORPORATED IN THIS PRIVACY POLICY EITHER BY A DEDICATED SUBSECTION OR BY REFERENCE.

 

 

 

 

 

TERMS OF SERVICE

Age Restriction

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.

 

Scope of Terms

These Terms are to be regarded as a document which is to cover all major aspects of your Usage of our Service. All new products, feachures or purchased extras are to be subject to these Terms of Use. The most current version of our Terms of Service are to be made available on our Webpage. We reserve the right to, in our full discretion, change the terms of use, privacy policy, content or discontinue any part of our service whatsoever with or without previous notice. Your continued access to our Service constitutes conclusive acceptance of these changes.

 

Website Content. Reports of infringements.

This Website’s Design, Logo, Functionality and Content are primarily original. Being an affiliate Website, Sweet Berry Lane is structured to display Third Party content (Webpages and Webpage links) to its’ Users. Note that these Third Party content may or may not necessarily be attributed, depending on the original Contract, Commission or Licensing Contract Sweet Berry Lane has entered into with Third Party Websites. Nevertheless, the Website’s Content is gathered and produced in compliance with all intellectual property law standards. Copying, modifying and/or using the original and/or licensed Content on this Website is permitted only with the consent of the legal owner of the Content. Without proper express consent from the legal owner of the Content (licensing and/or sublicensing contract), one is NOT to: – Sell, rent or sublet content on this Website; – Republish material from this Website; – Copy, reproduce, duplicate, modify or recreate content from this Website (unless the content is expressly made available for these purposes); or – Redistribute this Website’s content (unless the content is expressly made available for this specific purpose). Any breach of Content and intellectual property towards Sweet Berry Lane or any other type of breach of substantive or case law provisions, sanctioned by applicable law may result in the Service treating the issue in a way they see 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”).

Lawful purpose only

Every person will withhold of any actions that can cause or could cause damage to this specific Website, its’ content, functionality and/or accessibility. Everyone shall withhold of any actions which are recognized by law as unlawful, illegal, fraudulent or harmful behavior towards this Website or its’ functionality, and shall not, in any way promote this type of activity, under the penalty of civil and penal provisions of the applicable U.S. law. This Website is not to be used for distribution of Spyware, Trojan Horses, Rootkits, Keystroke Loggers or any type of Malware whilst utilizing this Website, under the penalty of the U.S.’s applicable civil and criminal provisions. One shall further withhold of any systematic or automated information and data collection activities, including data harvesting, limitation scraping, data mining and other similar activities without the consent of the Website’s administrators under the penalty of privacy protection statutes under U.S.’s applicable law. This Website is not to be used for marketing purposes without the Website administrators’ consent. Such consent will be issued in paper or electronic form, in full compliance with the Privacy policy and U.S.’s governing law. One shall not transfer, sublet or otherwise dispose of their respective rights and obligations under these Terms and Conditions. Sanctioned by U.S.’s governing law, any misconduct and/or breach of these usage provisions will be treated as seen fit by Sweet Berry Lane. Note that this does not exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. The aforementioned sanctioned misconducts are in the jurisdiction of an appropriate court or arbitrary body under U.S.’s applicable law.

Content Disclaimer.

Sweet Berry Lane is not to be held liable, and has a reserved right to expand or discontinue certain aspects of this Service. The Service has further reserved the right to change the terms of use at any given moment, with or without previous notice. The service is not to be held liable for any changes whatsoever. The service tries its best to provide users with the most precise information, but does not, in any way, warrant the accuracy of the information provided. None of the content is meant to constitute any legal, medical or other expert advise, and is not to be regarded as such. You agree to not bring up any claims from the aforementioned.

User Submissions.

For the purposes of this subsection, all forms communication between users and third-parties or between users and this Website’s administrators, including, but not limited to: listings, advertisements, comments, ratings or communications in the form of text, videos, pictures or other multimedia files on this Website will be referred to as “User Submissions” or simply “Submissions”. You shall follow these guidelines while submitting Pictures on Sweet Berry Lane’s Website: pictures may not be of poor quality, must not infringe copyright or other intellectual property rights, must not contain the face of a celebrity, must not contain violence or offensive languages and are limited to a certain file size, for which you will be noted while uploading a picture. Pictures or other Submissions may not contain any nudity, profanity, nothing pornographic, obscene or indecent. Along with the aforementioned guidelines, you must further follow these guidelines while submitting Profile pictures: A Profile picture must contain the Submitter’s face without any additional text or contact information, or (in the case one has been authorized to submit listings), a clear representation of one’s logo or business information or other picture connected with their respective field of work. Sweet Berry Lane reserves the right to review your picture after Your Submission, prior to your giving consent for you to publish it. Please note that once shared, Pictures, Profile pictures and other Submissions are published and Sweet Berry Lane cannot and does not guarantee any confidentiality regarding Your User Submission. Furthermore, you hereby warrant that Your User Submission has all the proprietary rights, including intellectual property rights. Upon sharing Your User submission, you retain your proprietary rights, and further grant Sweet Berry Lane a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. You further agree that You WILL NOT submit material which is subject to intellectual property and/or other proprietary rights of a third party. Sweet Berry Lane does not endorse any Submission or opinion, recommendation or advice expressed therein. Sweet Berry Lane EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM User Submissions. Sweet Berry Lane does NOT PERMIT intellectual property infringement activities on its Website or Software, and will consequentially remove any and all Content and/or User Submissions if properly notified of such breach. Please note that Sweet Berry Lane may not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. Sweet Berry Lane EXPRESSLY DISCLAIMS ANY LIABILITY arising from User Submissions. Sweet Berry Lane does not permit intellectual property infringement activities on its Website, and will consequentially remove any and all Content and/or User Submissions if properly notified of such breach. Sweet Berry Lane reserves the right to remove Content and User Submissions with or without prior notice.

 

Restriction Rights

Sweet Berry Lane reserves the rights to: – Restrict access to certain areas of the Website, which are not meant to be available for visitors, consumers and/or users; – Further disable access to certain areas of the Website in full discretion of the Website’s administrators, under full discretion without a previous notice or explanation; – Restrict access to other areas of the Website, in case of violation of the Website’s provisions (see also: Privacy Policy). These restrictions are in full Sweet Berry Lane’s discretion, and can be issued without explanation or notice; – Enable access to certain areas of the Website, providing Users with a User ID and Password, which are for your PERSONAL use. It is advised to keep these Credentials confidential, to prevent misuse by Third Parties; or – Suspension from visiting the Website

 

Discretion

Sweet Berry Lane further reserves the rights to: – Change guidelines of protection of users and/or visitors; – Change the way Sweet Berry Lane displays content on its’ Website; – Change the Terms and Conditions, including (but not limited to) renewal of the regulations regarding Website usage. Thus Sweet Berry Lane advises that visitors, consumers and/or users be acquainted with the renewed Terms of Service, as well as Privacy Policy; – Assign, transfer, change, sublet or otherwise dispose or deal with the rights and obligations of Sweet Berry Lane without previous notice and without requiring your previous consent.

 

Linked Websites

The Service may be linked to other Websites. The service is not to, in any way, be held liable for any action taken by a linked Website, nor its information practices, terms of use or privacy policy regulations. Your usage and behavior on third-party Websites is at your own responsibility and risk whatsoever. We advise you to get acquainted with the third-party websites‘ policies and terms of use.

 

 

Legal Disclaimer

SWEET BERRY LANE’S WEBSITE, CONTENT AND SERVICES ARE ALL PROVIDED “AS IS”. SWEET BERRY LANE DOES NOT UNILATERALLY PROVIDE ANY EXPRESS OR IMPLIED TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS. SWEET BERRY LANE, ITS’ EMPLOYEES OR OFFICES, AGENTS OR OTHER REPRESENTATIVES ARE FURTHER NOT LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY: DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; BUSINESS OR PRIVATE LOSSES, INCLUDING: INCOME, SAVINGS, OR PROFIT LOSS, LOSS OF CONTRACT, LOSS OF GOODWILL, PARTNERSHIPS OR REPRESENTATIONS LOSS, WARRANTY LOSS, DATA CORRUPTION, PERSONAL LOSS. THE AFOREMENTIONED LIMITATIONS ARE VOIDED IN THE EXCLUSIVE CASE THAT SWEET BERRY LANE HAS WILLINGLY VOIDED IT’S LIMITATION OF LIABILITY IN A SPECIFIC SET OF TERMS AND/OR CONTRACT. LIMITATIONS APPLY IN THE CASE THAT SWEET BERRY LANE HAD BEEN ADVISED OF THE POTENTIAL LOSS. SWEET BERRY LANE DOES NOT TAKE ANY RESPONSIBILITY FOR THE UNREASONABLE BEHAVIOR OF VISITORS AND/OR THIRD PARTIES.  FURTHERMORE, SWEET BERRY LANE DOES NOT TAKE ANY RESPONSIBILITY FOR PUBLISHING ANY CONTENT, WHICH IS NOT IN ANY WAY MEANT TO CONSTITUTE AND/OR PROVIDE ANY TYPE OF PROFESSIONAL ADVICE. SWEET BERRY LANE IS FURTHER NOT RESPONSIBLE IN ANY WAY, TO NO EXTENT IN THE UNLIKELY CASE OF SEVERE HOST AND/OR SERVER FAILURE OR BREACH, OR ANY OTHER VIS MAJOR, WHICH IS NOT IN SCOPE OF SWEET BERRY LANE’S ABILITY TO CONTROL. THIS DISCLAIMER CANNOT AND WILL NOT EXCLUDE ANY WARRANTY OR LIABILITY IMPLIED BY U.S.’S APPLICABLE LAW, WILL NOT EXCLUDE AND/OR LIMIT ANY WARRANTY OR LIABILITY WHICH IS ILLEGAL OR UNLAWFUL TO LIMIT OR EXCLUDE IN COMPLIANCE WITH U.S.’S APPLICABLE LAW. YOU HEREBY UNDERSTAND THIS LIABILITY LIMITATION STATEMENT, AND ARE FULLY COMPLIANT WITH ENTIRELY.

 

Indemnification

You hereby indemnify Sweet Berry Lane and will withhold from exposing Sweet Berry Lane from any expenses, including (but not limited to) damages, cost and losses, liabilities, amounts paid by Sweet Berry Lane to a third party in a settlement, claim or dispute, losses suffered by Sweet Berry Lane due to a breach (caused by you or a third party) of any provisions which are part of these Terms and Conditions or other binding documents such as our Privacy Policy.

 

Pro-validity Clause

If a provision of these Terms and Conditions, or Privacy Policy is, or is found by an appropriate authority to be unenforceable under applicable law, which will not affect the enforceability of any other provisions of these specific Terms and Conditions.

 

Jurisdiction.

These Terms and Conditions are constructed in compliance with U.S.’s applicable law. Any breach of these Terms and Conditions, as well as Privacy Policy, which will be handled by bringing up an action against an individual or group, will be subject to jurisdiction of appropriate court or arbitrary bodies under U.S.’s applicable law. If any provision of these Terms and Conditions is, or is found to be unenforceable by an appropriate authority under applicable law, that will not affect the enforceability of any other provisions of these Terms and Conditions.

 

Dispute Resolution.

The Parties hereby agree to settle all disputes or controversies arising from the usage of this Service in good faith, avoiding court preceedings and litigations. Preferred ways of resolving disputes are to be Mediation and Arbitration.

 

Severability.

This Document, allong with the Privacy Policy or any other documents you sign, give express, implied or conclusive ascent to are to be regarded as one document. These Terms of Service are to govern your usage of this Service at all times. Other specifics on information provided on your behalf to the Service are to be incorporated here by reference or are to be found in the Privacy Policy.

 

Continuity.

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.

 

Every older version of this Privacy Policy is superseded with the issuing of a renewed version. In case of change of our Privacy Policy, we will notify You here, by email, or by means of a notice on our home page, along with an option which is to constitute acceptance of such change.

 

If You have any questions, do not hesitate to contact Us via e-mail, post or telephone number provided on Our Website.