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.
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.
EXPRESS LICENSING GRANT
TERMS OF SERVICE
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
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
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.
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.
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.
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.