“The Berrics”, “we” denotes The Berrics LLC, our Website and/or services, as is appropriate based on the context. “You” and “your” refers to you, the individual being presented these Terms.
When placing an order on our Website, you will be required to provide personal information such as your name, email, mailing address, payment information, telephone number.
You must be age 18 or above when submitting your information to us, or the minimum age of contractual capacity imposed at your jurisdiction if higher than age 18. In placing an order with us, it indicates you are not considered as under any disability or incapability to enter under these Terms, whether due to an embargo in or against your jurisdiction or any other reason.
Editors typically include images as part of their blog posts on our Website and the images which they are authorized to use includes the following images:
- Licensed from vendors
- Supplied to us or released into the public domain by public relations and marketing companies for press or other purpose(s);
- Supplied by readers, with implied representation that the person submitting the image owns the copyright in the image and right to grant us the right of use on our Website;
- Published on photo hosting Website, or other public image sites with licenses granted under Creative Commons, with attribution in accordance with CC license granted in each case;
- Images commissioned by us.
Below are images we believe are covered by the Fair Use Doctrine, such as:
- Thumbnail images of 150x150 pixels or less, cropped or reduced in size from original source;
- Images used to illustrate a trustworthy story, where the image itself tells a story;
- Images used in a transformative manner such as parody;
- Images that are widely distributed that they have become part of the news.
If we receive any notice that an image is published inappropriately that are not in line with any Terms, including the above, we reserve the right to remove that image.
If you think we have published an image or text that violates your copyright, we will address your concern. Notwithstanding, if that image falls into one of the above categories and we believe our image use is legitimate, we will not remove it from our Website.
We reserve the right, not the obligation, with or without notice to:
- Monitor or review all materials published by any users on our Website, including forums or editorial comments that we may offer;
- Edit, refuse to post or remove any information or materials we believe is objectionable or violates any Terms, or applicable laws and/or regulations;
- Remove any review or comment at any time for any reason (including without limitation upon receiving claims or allegations from third party or authorities concerning such review or comment); or
- As we view appropriate or necessary from time to time
We may at our discretion impose certain limits that may restrict features offer to you or your access to any section of the Website if we are of the belief that you have violated any of the Terms, applicable laws/regulations and/or for any reason without notice or liability to us. Furthermore, by using the Website it constitutes your acknowledgement and agreement that any actions taken by us to improve user experience of the Website, including monitoring and/or reviewing all materials and subsequently editing, removing or refusing to post such materials shall not be deemed to create any duty towards you nor shall it be deemed to form any basis for any liability against us.
CONTESTS AND PRIZING
Only one entry per person per Competition is allowed (except where the Competition Notice states that more than one entry can be submitted) and any entrant who enters more than the permitted maximum will be disqualified. Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry. In all matters of Prize winners, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into. Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner. Prizes are award at the discretion of The Berrics are non–transferable and there is no cash alternative. The Berrics reserves the right to substitute prizes of equal or greater value at any time. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
In consideration for your participation in a contest, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge The Berrics and its officers, board and employees, jointly and severally from any and all actions, cause of actions, claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in such contest.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death, as well as those now disclosed and known to exist. Provision of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
It is further understood and agreed that said participation in a contest is not to be construed as an admission of any liability and acceptance of assumption of responsibility by The Berrics or any of our officers, board and employees, jointly and severally, for all damages and expenses for which we or our officers, board and employees, become liable as a result of any alleged act of the contest participant.
We reserve the right to offer an alternative prize if any prize is not available or under special situation.
ONLINE COMMUNITY POLICY
At any time without notice, we may, at our discretion, suspend your access to our Website, terminate your Website’ account or remove your user content from any part of our Website.
Our forum is a public place intended for entertainment, learning, and interacting with like-minded individuals. We are not responsible for any decisions you make based on something you read on The Berrics’ forum.
When you post any comments or other material on our websites, in our forum, our comments sections or elsewhere, you agree to the following:
- You have the right to submit anything you post;
- If non-original content is included in your posting, you must obtain permission from the content owner and retain all copyright and other proprietary notices displayed on the materials;
- You must not post anything that is defamatory, slanderous, obscene, pornographic, violent, hateful, racist, harassing, fraudulent or otherwise illegal and/or objectionable. We have the sole right to determine what is objectionable;
- You must not violate or infringe upon the rights of any third party, including but not limited to, rights of privacy and publicity, copyright, trademark, trade secret or any other personal or proprietary right of any other party;
- You must not disrespect fellow Website’ members, including by harassment, threats, bullying, trolling, or any form of discrimination and bigotry;
- You must not post anything that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any person;
- You must not post anything that seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or by posting any child pornography or sexually suggestive content involving minors;
- You must not post anything that violates any applicable law, foreign or domestic;
- You must not post any links to content which would, if posted on our own website, violate these Terms;
- You must not engage in unsolicited or unauthorized marketing or promotional activities, whether commercial or non-commercial, or any other form of solicitation, on our Forum or through its private messaging service, or on our blog comments section, or anywhere else on the Website.
- You may not use any material from the Website, or post any material, in a manner that attributes a false or misleading statement to, or implies a false endorsement by, The Berrics or related parties;
- You must not collect, harvest or post anyone’s sensitive personal information that relates to that person’s real world or online identity including phone numbers, names, physical addresses, IP addresses, email addresses and social media profiles. Any personal information posted about yourself is at your own risk, which we highly discourage.
- You may not spam the Website, including The Berrics’ forum and comments sections, with any embedded graphics, photographs, images, video, audio, chain letters or other material that we deem to be junk or spam;
- You must not provide any content that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information.
We do not expressly or implicitly endorse any user content submitted by users to The Berrics community. We take no responsibility for the content or share any views or statements expressed by any users on the Website, our forum or within our editorial comments.
You are solely responsible for your own user content and the consequences of submitting your user content to the Website. We do not guarantee any confidentiality regarding the user content you submit.
By submitting user content, you hereby grant us (and our successors and affiliates) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your user content, including without limitation for promoting and redistributing part or all of your user content in any media formats and through any media channels now or hereafter known. You also hereby grant each user of the website a non-exclusive license to access your user content through the website.
GENERAL RULES OF CONDUCT
As a part of using the Website, you must not:
- Hack, crack, phish, SQL inject, or otherwise threaten or actually harm the security of our systems or those of our users;
- Use any automated or non-automated means to access, copy or distribute any portion of the website or collect any information from the website, including without limitation, the use of so-called “robots”, “spiders”, “offline readers”, etc;
- Infringe on the intellectual property rights of anyone;
- Do anything that infringes on the rights of us or a third party;
- Create more than one account, use another person’s account, or allow another person to use your account;
- Advertise on our website without our permission;
- Impersonate another person or organization.
We reserve the right to terminate our service to you for reasons other than those listed here. We may terminate your account without explanation.
THIRD-PARTY WEBSITES, ADVERTISERS OR SERVICES AND USER-POSTED LINKS
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, including text, graphics, illustrations, logos, button icons, images, audio, video and music, and the selection and layout of such content, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating product information reviews and forum content made available on our website.
Berrics® is the registered trademark of The Berrics Company LLC (“Registered Trademarks”). Nothing in the Terms should be construed as granting any license or right to use the Registered Trademarks. Any unauthorized use is strictly prohibited. The Berrics will strictly enforce its rights in and to the Registered Trademarks to the fullest extent permitted by law, including prosecution.
All content included on this Website, such as video, photos, text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement, and assembly) is the exclusive property of The Berrics or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on this Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Website is strictly prohibited. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. The Berrics enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact firstname.lastname@example.org.
COPYRIGHT INFRINGEMENT CLAIMS
If you are a copyright owner or agent thereof and believe that any of the content on the Website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), to our copyright agent (the “Copyright Agent”) with the following information:
- 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 or application are covered by a single notification, a representative list of such works at that site or application;
- 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 us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- a statement that the complaining party has 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; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For notice of claims of infringement on our Website, you may contact: email@example.com
This contact information is only for suspected copyright infringement. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
REVOCATION OF CONSENT
Notwithstanding The Berrics’ consent for your use of our protected materials pursuant to the above “Copyright” and “Trademark” provisions, we hold sole and absolute discretion to revoke that consent at any time without notice. In doing so, we may require you to immediately take actions in removing all such materials from circulation, display, publication or other dissemination, including any marks, copyrighted content or other materials that we may previously consented you to use.
These terms shall be governed by and construed in accordance with the laws of the state of California, U.S.A., without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The Berrics failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.
As a condition of use of this Website, you agree to indemnify, defend, and hold harmless The Berrics, its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your use of this Website including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
This Website and the materials and products on this Website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, The Berrics disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Berrics does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. The Berrics does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability, or otherwise. You (and not The Berrics) assume the entire cost of all necessary servicing, repair, or correction associated with the use of this Website. Some states do not permit limitations or exclusions of implied warranties so the above limitations may not apply to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY THE LAW: IN NO EVENT SHALL THE BERRICS, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT PERMIT LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE BERRICS TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, NELIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU.
MODIFICATIONS OF TERMS & CONDITIONS
We may, in our sole discretion, modify or revise these Terms & Conditions at any time. Once changes are posted, these changes become effective immediately and if you use the website after they become effective, it will signify your agreement to be bound by such modifications or revisions. These Terms & Conditions cannot be changed or terminated orally. You should check back regularly and review the terms and conditions of this agreement so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. The bottom of this Terms & Conditions page will explicitly state the “Last Updated Date”, which should indicate to you the Terms & Conditions that are currently in effect.
In the event that a product sold is mistakenly listed at an incorrect price, The Berrics reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Berrics shall issue a credit to your credit card account.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
If you have any questions, concerns or notices of violations to these terms and conditions, you may contact firstname.lastname@example.org.
Last update: 16 Aug 2021