Pearl & Pear is a website containing information and inspiration about the creative events industry. The services offered by Pearl & Pear LTD (“Pearl & Pear” or “we”) include the Pearl & Pear websites located at pearlandpear.co.uk or any sub domain of pearlandpear.co.uk (the “Pearl & Pear Website”), and any other feature, content or applications offered from time to time by Pearl & Pear in connection with the Pearl & Pear Website whether accessed directly or through our application for mobile devices (collectively, the “Pearl & Pear Services”). Pearl & Pear are hosted in the United Kingdom, Registered company number 10444985.
Pearl & Pear may modify this Agreement from time to time and each modification will be effective when it is posted on the Pearl & Pear Website. You agree to be bound to any changes to this Agreement through your continued use of the Pearl & Pear Services. You will not be notified of any modifications to this Agreement, so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
We urge you to think before you upload, submit or embed content. This agreement permits you to upload to, submit to or embed on the Pearl & Pear Services only photos or other content that you own the copyright to or otherwise have the right to publish. By uploading, submitting or embedding photos or other content that you do not own the copyright to or do not otherwise have the right to publish, you may subject yourself to legal liability (see e.g., sections 4, 5 and 6 below). It is your responsibility to ensure you have adequate rights to publish to the Pearl & Pear Services all photos and other content you post.
1. Eligibility. Use of the Pearl & Pear Services is void where prohibited. You must be eighteen (18) years of age or over to be a Visitor or User of the Pearl & Pear Services. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Pearl & PearServices and all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
2. Term. This Agreement shall remain in full force and effect while you use the Pearl & Pear Services or are a User. Pearl & Pear may terminate your use of the Pearl & PearWebsite or the Pearl & Pear Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
3. Non-commercial Use by Members. The Pearl & Pear Services are for the personal use of Visitors and Users only and may not be used by you in connection with any commercial endeavours except those that are specifically endorsed or approved by Pearl & Pear. Illegal and/or unauthorised use of the Pearl & PearServices, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Pearl & Pear Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorised use of the Pearl & Pear Services.
4. User Content.
- Pearl & Pear does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload to, submit to, or embed on the Pearl & Pear Services. You represent and warrant that you own the User Content posted by you on or through the Pearl & Pear Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant Pearl & Pear the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Pearl & Pear Services.
- After posting, uploading or embedding User Content to the Pearl & Pear Services, you continue to retain such rights in such User Content as you held prior to posting such User Content on the Pearl & Pear Services and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing (“posting”) any User Content on or through the Pearl & Pear Services, you hereby grant to Pearl & Pear a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any manner, mode of delivery, or media now known or developed in the future.
- Without this license, Pearl & Pear would be unable to provide the Pearl & Pear Services or its publications. For example, the license you grant to Pearl & Pear is non-exclusive (meaning you are free to license your Content to anyone else in addition to Pearl & Pear), fully-paid and royalty-free (meaning that Pearl & Pear is not required to pay you for the use of the User Content that you post), sublicensable (so that the User Content you post on the Pearl & Pear Website is able to be distributed for wide exposure via Pearl & Pear’s network affiliates; third party content providers; and subcontractors, such as Internet content delivery networks, to provide the Pearl & Pear Services), and worldwide (because the Internet and the Pearl & Pear Services are global in reach).
- This license will terminate at the time you remove your User Content from the Pearl & Pear Services except as to any User Content that Pearl & Pear has sub-licensed prior to your removal of your User Content from the Pearl & Pear Services, which license shall continue in perpetuity. To remove User Content, please send a request to [email protected] and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the Pearl & Pear Website. We will remove the item(s) as quickly as possible.
- The Pearl & Pear Services contain Content owned by Pearl & Pear (“Pearl & Pear Content”). Pearl & Pear Content is protected by copyright, trademark, patent, trade secret and other laws, and Pearl & Pear owns and retains all rights in the Pearl & Pear Content and the Pearl & Pear Services. Pearl & Pear hereby grants you a limited, revocable, non-sublicensable license to view the Pearl & Pear Content (excluding any software code) solely for your personal use in connection with viewing the Pearl & Pear Website and using the Pearl & Pear Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Pearl & Pear Content appearing on or through the Pearl & Pear Services.
- The Pearl & Pear Services contain Content of other Users and other Pearl & Pear licensors (“Third Party Content”) and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the Pearl & Pear Website and using the Pearl & Pear Services pursuant to the terms contained herein. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the Pearl & Pear Services.
5. Content Uploaded, Submitted, Embedded.
- Please choose carefully the User Content that you upload to, submit to, or embed on the Pearl & Pear Services and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you post. You expressly agree that you will not upload to, submit to, or embed on the Pearl & Pear Services or any User Content that violates this Agreement or that is contrary to the purposes of the Pearl & Pear Services, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not upload to, submit to or embed on the Pearl & Pear Services or include in your Pearl & Pear dashboard(s) any photographs or video containing nudity, or obscene, lewd, violent, harassing, libelous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish.
- Pearl & Pear does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other Users. You acknowledge that we have no way to monitor all User Content that is uploaded to or embedded on the Pearl & Pear Website and that despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the Pearl & Pear Services, Users may post User Content that contains illegal, inaccurate, libelous, inappropriate, offensive or sexually explicit material, products or services, and Pearl & Pear assumes no responsibility or liability for this material. Pearl & Pear makes no warranties, express or implied, as to any aspect of the User Content uploaded or embedded by you or other Users or to the reliability of the User Content or any material or information that you or other Users transmit to other Users or Visitors via the Pearl & Pear Services. If you become aware of any inappropriate User Content on the Pearl & Pear Services or any misuse of the Pearl & Pear Services by any person, please contact Pearl & Pear at [email protected]
- Pearl & Pear reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content you provide, or to restrict, suspend, or terminate your access to all or any part of the Pearl & Pear Services at any time, for any reason or for no reason, with or without prior notice, and without liability to you or any third party.
6. Prohibited Content. Pearl & Pear reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the Pearl & Pear Services and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that Pearl & Pear deems to be inappropriate:
- Content that criticises a business or individual beyond that of merely offering an opinion;
- Content that harasses or advocates harassment of another person;
- Content that exploits people in a sexual or violent manner;
- Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- Content that includes racially, ethically, or otherwise objectionable language;
- Content that is libelous, defamatory, or otherwise tortious language;
- Content that solicits personal information from anyone under 18;
- Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and
- Content that includes a photograph of another person that you have posted without that person’s consent.
Pearl & Pear’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and Pearl & Pear expressly reserves the right to investigate and take appropriate legal action against anyone who, in Pearl & Pear’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
7. Prohibited Activity. You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the Pearl & Pear Services:
- copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or Pearl & Pear Content appearing on or through the Pearl & Pear Services;
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the banner advertisements on your personal profile page, or any Pearl & Pear page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Pearl & Pear Services or the networks or services connected to the Pearl & Pear Services;
- attempting to impersonate another User, person, or representative of Pearl & Pear;
- using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile, without our permission;
- using any information obtained from the Pearl & Pear Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Pearl & Pear Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, using Pearl & Pear’s name to broker favourable discounts with vendors, or sending private messages with a commercial purpose; or
- using the Pearl & Pear Services in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Pearl & Pear or others (including without limitation Third Party Content or Pearl & Pear Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Pearl & Pear Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorised 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 the Pearl & Pear Services; (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 authorised by the copyright owner, its agent, or the law; (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 authorised to act on the copyright owner’s behalf.
9. User Disputes. You are solely responsible for your interactions with other Pearl & Pear Users. Pearl & Pear reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
Promotions and Giveaways. From time to time, Pearl & Pear will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information is shared with. Pearl & Pear encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
Without limiting the generality of the foregoing, Pearl & Pear is not responsible for any incorrect or inaccurate Content posted on the Pearl & Pear Website or in connection with the Pearl & Pear Services. User Content created and posted on the Pearl & Pear Website may contain links to other websites. Pearl & Pear is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by Pearl & Pear. Inclusion of any linked website on the Pearl & Pear Services does not imply approval or endorsement of the linked website by Pearl & Pear. When you access these third-party sites, you do so at your own risk. Pearl & Pear takes no responsibility for third party advertisements which are posted on this Pearl & Pear Website or through the Pearl & Pear Services, nor does it take any responsibility for the goods or services provided by its advertisers. Pearl & Pear is not responsible for the conduct, whether online or offline, of any User of the Pearl & Pear Services. Pearl & Pear assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User communication or any Content. Pearl & Pear is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Pearl & Pear Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Pearl & Pear Services. Under no circumstances shall Pearl & Pear be responsible for any loss or damage, including personal injury or death, resulting from use of the Pearl & Pear Services, attendance at a Pearl & Pear event, from any Content posted on or through the Pearl & Pear Services, or from the conduct of any Users of the Pearl & Pear Services, whether online or offline. Pearl & Pear cannot guarantee and does not promise any specific results from use of the Pearl & Pear Services.
12. Limitation of Liability. In no event shall Pearl & Pear or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Pearl & Pear be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Pearl & Pear has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Pearl & Pear’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, paid by you to Pearl & Pear for the Pearl & Pear services during the term of your use. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Pearl & Pear shall not be liable for user content or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of liability for incidental or consequential damages. Accordingly, some of the limitations may not apply to you.
13. Special Admonitions for International Use. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
15. Other. This Agreement is accepted upon your use of the Pearl & Pear Website or any of the Pearl & Pear Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Pearl & Pear regarding the use of the Pearl & Pear Services. The failure of Pearl & Pear to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
16. Waiver and Severability of Terms. The failure of Pearl & Pear to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
17. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Last Updated: 5th April 2017.