Terms of Use Agreement
If you have any questions or comments about this Terms of Use Agreement, you may contact the Company by writing to us at: Pearly LLC
This Terms of Use Agreement (the “Agreement”) is a legal agreement that governs our relationship with users and others that interact with Pearly LLC (the “Company,” “we,” or “us”) in connection with the use of our applications or websites and our Services.
Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement or will be presented or accessible to you by us when you sign up to use, or use, such Services (“Additional Terms”). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated.
This Agreement and any policy or guideline of the Services may be modified by us in our sole discretion at any time. We shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised Agreement on our App and website. When we change the Agreement, we will update the “last revised” date at the top of this page. If you are a non subscribing user at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions and your use of the Service after such posting will constitute acceptance by you of the revised Agreement.
1. ELECTRONIC RECORDS
Because the Services are provided electronically, you must consent to our providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies, and other materials in electronic form (collectively “Electronic Records”), rather than in paper form in accordance with the Electronic Signatures in Global and National Commerce Act. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records, or other materials of any kind that may be required to be provided to you. You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by us are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above. We may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.
2. ELIGIBILITY
By accessing our using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offence and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Services; (d) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of us and are not using the Services for reasons that are in competition with us or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a “Specifically Designated National” or (iii) placed on the Commerce Department’s Table of Deny Orders.
3. USE OF THE SERVICES
Interactions with Other Users; Criminal Background Screenings. You assume all risks when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to mee you. YOU ACKNOWLEDGE THAT, CURRENTLY, WE DO NOT ROUTINELY SCREEN OUR USERS, INQUIRE INTO THE BACKGROUND OF OUR USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY OUR USERS OR CONDUCT CRIMINAL SCREENINGS OF OUR USERS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES). YOU FURTHER ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. We do not make any representations, warranties, or guarantees as to the conduct of users, information provided by users, or their compatibility with you. You acknowledge that not all users are available for matching and that we may create test profiles or accounts to monitor the operation of the Services. You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. You should stop all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct rules.
No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services using the Services, and you will not transmit any chain letters, junk, or spam email to other users. Additionally, you will not use any information obtained from the Services to contact, advertise to solicit, or sell to any user without their prior explicit consent.
User Conduct. We are not responsible or liable in any manner for the conduct of our users, whether such conduct is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Services or the users thereof:
Use the Service in any unlawful manner or in a manner that is
harmful to or violates the rights of others;
Engage in any unlawful, harassing, obscene, intimidating,
threatening, predatory or stalking conduct;
Use the Services in any manner that could disrupt, damage,
disable, overburden, impair, or affect the performance of the
Services or interfere with or attempt to interfere with any other
user’s use of the Services;
Attempt to interfere with, compromise the system integrity or
security or decipher any transmission to or from the servers
running the Service;
Impersonate any person or entity, or misrepresent your age,
identity, affiliation, connection or association with, any person or
entity;
Make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
Defraud, swindle, or deceive other users of the Services;
Disseminate another person's personal information without his or her permission, or collect or solicit another person's personal
information for commercial or unlawful purposes;
Use any scripts, bots, or other automated technology to scrape or access the Services or take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
Collect or solicit personal information about anyone under 18 years of age. Use the Service for any phishing, trolling or similar activities. Use the Service to redirect users to other sites or encourage users to visit other sites. Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spimming activities. Attempt to access any Services or area of the Sites that you are not authorized to access. Bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content herein;
Use another user’s account or permit or allow other people or third parties to access and use the Services via your account; or
Upload invalid data, viruses, worms, or other software agents through the Services.
Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by email at: info@catchfordoglovers.com.
Verification and Enforcement. Although we do not routinely conduct criminal screenings of our users, you agree that we have the right to do so at our sole discretion, and you consent to such screening and agree to provide to us complete, accurate, and current information confirming your eligibility for use of the Services. You understand and agree that if the Company believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, the Company may, among other things, investigate, take legal action against you and/or terminate your account and cancel your subscription and/or membership.
4. USER CONTENT
Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to us through the Services or to other users (collectively referred to as “post”), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are “User Content”). The Company does not control, take responsibility for, or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
Accuracy of Information. You will not post any inaccurate, misleading, incomplete, or false information or User Content to us or to any other user. You agree that all images posted to your dating profile are of you and were taken within the last 2 years and agree to update your dating profile accordingly. You may be required to supply certain information and post a photo of yourself to the Services.
No Duty to Review User Content. Although you understand and acknowledge that the Company has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that the Company may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. This includes the Company’s right to modify, crop or “photoshop” any photos you submit to comply with the Company’s policies, practices, and procedures.
License of User Content to the Company. The Company claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you hereby grant, and you represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide right and license to use, copy, publicly perform, publicly display, reproduced, adapt, modify, distribute, publish, list information regarding, translate, and syndicate such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by the Company will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each identifiable natural person in your User Content to use such person’s name, voice, or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release the Company and its agents and employees from any claims that such use, as authorize above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce, or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
Prohibited Content. You will not post, transmit, or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule, or regulation and is prohibited under this Agreement or any other Company policy governing your use of the Services (“Prohibited Content”). Prohibited Content includes without limitation User Content that:
Is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Is intended to, or does, harass, or intimidate any other user or third party; iv. May infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others’ copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
Contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone’s right of privacy or publicity;
Promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs
Violates someone’s data privacy or data protection rights;
Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
Contains any advertising, fundraising or promotional content; or x. Is, in the sole judgement of the Company, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes the Company or its users to harm or liability any of type.
Submissions. Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to the Company and our Services (collectively, “Submissions”). Submissions, whether posted to the Services or provided to the Company by email or otherwise, are non-confidential and shall become the sole property of the Company. You hereby assign to the Company all rights, title, and interest, including without limitation all intellectual property rights, in and to all Submissions. The Company shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5. PRIVACY
Please refer to our Privacy Policy for information about how the Company collects, uses, stores, and discloses personally identifiable information from its users.
6. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, Company logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files, and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of the Company and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of the Company. You are hereby granted a non-exclusive, limited, non-transferrable, non-sublicensable, freely revocable license to access and use the Services as permitted by the features of the Services, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineers, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so; (ii) “frame” or “mirror” any part of the Services, without prior written authorization; (iii) use meta tags or code or other devices containing any reference to the Company or the Services in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Services; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (vii) use an automated methods or processes to create user accounts or access the Service or (viii) use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as expressly authorized herein, without the prior written consent of the Company, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The Company reserves all rights not expressly granted herein the Services and the Proprietary Materials. This license is revocable at any time.
7. COPYRIGHT POLICY
If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millenium Copyright Act (“DMCA”) by providing us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Company’s to receive notifications of claimed infringement is:
Pearly LLC
At the following email: info@catchfordoglovers.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES.
Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed. The preceding requirements is our intent to comply with the Company's rights and obligations under the DMCA, including 17 U.S.C. §512©, but does not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
8. TRADEMARKS
The Company’s logos and any other trade name or slogan contained in the Services are trademarks or service marks of the Company, which may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copies, imitated, or used, in whole or in part, without prior written permission.
9. HYPERLINKS
You are granted a limited, freely revocable, non-exclusive right to create a text hyperlink to the Company websites for noncommercial purposes, provided such link does not portray the Company or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site is not directed at children and does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use the Company’s logo or proprietary graphics to link to any Company website without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without the Company's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of the Company or any third party. The company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of the Company and the Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the Company of any site, or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services. You understand and agree that you access any such third-party sites and services at your own risk.
10. THIRD-PARTY CONTENT
The Company may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. The Company does not control, endorse, or adopt any Third-Party Content and makes no representations or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
11. ADVERTISERS AND OTHER THIRD PARTIES
The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. The Company is not responsible for, and does not endorse, any features, content, advertising, products, services, or other materials on or available from third party sites. You agree that the Company shall not be responsible or liable, directly, or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third-party advertisers or third-party information on the Services.
12. MOBILE SOFTWARE
Users Outside of the U.S. If you are using the Mobile Software outside of the U.S.A., then the following shall apply: (a) you confirm that this Agreement and all related documentation is and will be in the English language; (b) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export, or use the Mobile Software or any services accessed or used in connection with the Mobile Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
Injunctive Relief. You acknowledge and agree that your breach or threatened break of this Section 12 shall cause the Company irreparable damage for which recovery of money damages would be inadequate and that the Company therefore may seek timely injunctive relief to protect its rights under this Agreement in addition to all other remedies available at law or in equity.
13. FREE TRIALS AND PROMOTIONS
We may offer promotions that provide free subscriber-level access to the Services for a certain period of time.