4. Your Account with Rare Pebbles services require you to create an account. The following rules about accounts apply:
A. Age: You must be 18 or older to use Rare Pebbles Services.
B. Information: Information provided for the account must be accurate. Impersonation of others is not allowed.
C. Usernames: Usernames must be tasteful. No lude, offensive, or political usernames are allowed.
D. Account Responsibility: As the account owner, you are solely responsible for any and all activity performed on your account. If registering as a business entity, youguarantee you have the authority to agree to these terms on behalf of the business that you have the authority to agree to the Terms on behalf of the business. Accounts are not transferable.
E. Password Protection. Passwords shall be unique and not shared with others. Rare Pebbles will never ask for passwords.
F. Relationship: These Terms do not constitute any agency, partnership, joint venture, employment or franchisee relationship between you and Rare Pebbles, LLC.
5. The Content that you post using our Services is your content (Your Content). We make no claim to Your Content. This includes anything you post using Rare Pebbles Services (usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
A. Responsibility for Your Content: are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content: By posting Your Content through our Services, you grant Rare Pebbles a license to use it. Rare Pebbles does not claim any ownership to Your Content but has your permission to use it to help Rare Pebbles function and grow and promote your products
C. Rights You Grant Rare Pebbles, LLC: By posting Your Content, you grant Rare Pebbles a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Rare Pebbles, your Rare Pebbles shop, or the Services in general, in any formats and through any channels, including across any Rare Pebbles Services or third-party website or advertising medium.
D. Reporting Unauthorized Content: Rare Pebbles has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please get in touch with us at firstname.lastname@example.org.
E. Inappropriate, False or Misleading Content: You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services License to Use Our Services: We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
•A. Obey the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you.It is your responsibility to obtain any permits or licenses that your shop requires.
•B. Pay Your Bills. You are responsible for paying all fees that you owe to Rare Pebbles. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
•C. Don’t Steal. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
•D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
•E. Follow Our Trademark Policy. The names “Rare Pebbles” and the other Rare Pebbles marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Rare Pebbles in Canada. and other countries and may only be used with permission.
•F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Rare Pebbles (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
•G. Talk to Us Online. Rare Pebbles will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing paper copies and that your electronic agreement is the same as your signature on paper.
7. Termination of Self Termination. You may terminate your account with Rare Pebbles at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination nor forgo financial obligations to Rare Pebbles, LLC Termination By Rare Pebbles. Rare Pebbles reserves the right to terminate or suspend accounts (and any related accounts) and access to the Services at any time, for any reason, and without advance notice. Use of Rare Pebbles services is not a right, and Rare Pebbles is under no obligation to provide them. If you or Rare Pebbles terminate your account, you may lose any information associated with your account, including Your Content. We May Discontinue the Services. Rare Pebbles reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. Rare Pebbles is not liable for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
9. Indemnification You agree to defend and indemnify Rare Pebbles in the event that we get sued due to your actions. You agree to defend Rare Pebbles (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the right to handle our legal defense however see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users If you find yourself in a dispute with another user of Rare Pebbles’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our Case System. Rare Pebbles, LLC will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Rare Pebbles, LLC has no obligation to resolve any disputes but is committed to its customers Release of Rare Pebbles, LLC. You release Rare Pebbles, LLC from any claims, demands, nd damages arising out of disputes with other users or parties.
11. Disputes with Rare Pebbles, LLC If you have any issues with Our Services, please let us know and we will help to the best of our ability If we can’t, however, these rules will govern any legal dispute involving our Services.
A. Governing Law. The Terms are governed by the laws of Canada, without regard to its conflict of laws rules, and the laws of Canada. These laws will apply no matter where in the world you live.
B. Arbitration. You and Rare Pebbles agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Rare Pebbles, LLC are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
C. Forum. We’re based in Huntington Beach, California, so any legal action against Rare Pebbles related to our Services must be filed and take place in Huntington Beach. That means the seat of any arbitration shall be Huntington Beach. For any actions not subject to arbitration, you and Rare Pebbles, LLC agree to submit to the personal jurisdiction of a state court located in Orange County, California.
If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California
12. Changes to the Terms There will be occasional updates to these Terms.. If we believe that the changes are material, you will be contacted through one(or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Additional Legal Points The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Rare Pebbles, LLC regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information If you have any questions about the Terms, please email us at: email@example.com.