Terms of Service
This website, pearlpayments.com (the “Pearl Website”), is owned and operated by Swing Set Labs, LLC (referred to as “Pearl”, “we,” “us” or “our”), a limited liability company organized under the laws of Minnesota. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE Pearl WEBSITE. By using this Pearl Website you agree to these terms of use (the “Terms”). If you do not agree to the Terms, please do not use the Pearl Website. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the Pearl Website following the posting of changes to the Terms will mean you accept those changes.
The Pearl Website
The Pearl Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Pearl Website is the property of Pearl or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. Pearl hereby grants you a limited, nonexclusive, non-transferable, personal license to use the Pearl Website for personal or, informational purposes only. Except as expressly authorized by Pearl in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Pearl Website for any purpose or “frame” or “mirror” the Pearl Website on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to Pearl and/or its licensors.
To use certain features of the Pearl Website, purchase services from Pearl or participate in certain activities sponsored by Pearl, we might ask you to register as a customer, user or participant. If so requested, each Pearl Website user must: (1) personally provide true, accurate, current and complete information on the Pearl Website’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Pearl has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, Pearl may suspend or terminate any and all current or future use of the Pearl Website by that user. A user may receive passwords and account designations upon completing certain Pearl Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
Content Submissions
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to Pearl or the Pearl Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants Pearl the royalty-free, worldwide perpetual, non-exclusive, transferable license to Pearl to use, reproduce, publish, distribute and display such Content solely on or through the Pearl Website (or related mobile applications). Pearl has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. Pearl shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. Pearl, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Pearl Website users and the public.
Rules for Content Submission
We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the Pearl Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the Pearl Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this Pearl Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from Pearl; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. Pearl shall not be liable in any way for any Content.
Your Use of Pearl Application
Your use of Pearl’s various desktop or mobile applications is subject to the terms and conditions of (1) the Pearl Services Agreement; and (2) the Apple Application End User License Agreement (or any successor license agreement required by Apple) in effect at the time that you download a Pearl application from Apple.
Children
The Pearl Website is not intended for use by children. If you are under 13, you may not submit or post any information or material on the Pearl Website or otherwise provide such information to Pearl, including but not limited to personally identifiable information.
Termination
Pearl may terminate your use of the Pearl Website for: (1) breach of these Terms; (2) your abuse of Pearl Website resources or attempt to gain unauthorized entry to the Pearl Website; or (3) as required by law, regulation, court or governing agency order. Pearl’s termination of any user’s access to the Pearl Website may be effected without notice and, on such termination, Pearl may immediately bar any further access to the Pearl Website. Pearl shall not be liable to any user or other third party for any termination of that user’s access to the Pearl Website. In the event of termination, Pearl reserves the right to delete or save a user’s Content at Pearl’s sole discretion.
Links
The Pearl Website may provide links to other websites. Pearl exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
Limited Warranty and Discliamer; Limitation of Liability
EACH USER’S USE OF THE PEARL WEBSITE IS AT HIS OR HER SOLE RISK. THE PEARL WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PEARL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PEARL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE PEARL WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Trademark Information
“PEARL” is a trademark of Pearl. All other marks, names, and logos mentioned on the Pearl Website are the property of Pearl or their respective owners. Your use of the Pearl trademarks and other marks, names and logos set forth on the Pearl Website without prior written consent is strictly prohibited.
Copyrights
Pearl respects the intellectual property rights of others, and requires that the people who use the Pearl Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this Pearl Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Pearl to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a 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 (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
John Roberts New Counsel, PLC 233 Park Avenue, Suite 203 Minneapolis, Minnesota 55415 (612) 659-8443 jroberts@newcounsel.com
Privacy
Pearl agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at pearlpayments.com/privacy or by sending an e-mail request to: privacy@pearlpayments.com.
General Information
The Terms constitute the entire agreement between each user and Pearl and govern each user’s use of Pearl Website, superseding any prior agreements. The Terms and the relationship between each user and Pearl shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota. This Pearl Website is controlled and operated by Pearl from its offices within the State of Minnesota, United States of America. Pearl makes no representation that materials in the Pearl Website are appropriate or available for use in other locations. Those who choose to access this Pearl Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Pearl and any user.
Last Updated: September 1, 2016
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