About Stem Pearls

Web Site Terms of Use

1. Acceptance of Terms of Use
Please read these terms of use ("Terms of Use") carefully before using this web site. If you do not agree with any of these Terms of Use, do not use this web site. By using this web site, you signify your agreement with these Terms of Use. Stem Pearls® reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Stem Pearls® retains the right, in its sole discretion, to deny access to anyone, at any time and for any reason, including your violation of any of these Terms of Use. 3

2. Stem Pearls™ Products
This web site and the products provided to you via this web site are provided on an "AS IS" basis. You agree that Stem Pearls® reserves the right to modify or discontinue provision of this web site and the products provided thereon, and to remove the data that you provide, either temporarily or permanently, at any time, without notice and without any liability to you. Stem Pearls® will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

3. Account Registration
In order to use this web site, or certain parts of it, you may be required to register for a user account; in this case, you agree to provide truthful information when requested, and if a minimum age is required for eligibility for a user account, you undertake that you are at least the required age. By registering for a user account, you explicitly agree to these Terms of Use, including any amendments made by the site editor that are published herein.

4. Password and Security
You are responsible for maintaining the confidentiality and security of your password, and you will be responsible for all usage of your user account, user name, and/or password, whether authorized or not authorized by you. You agree to immediately notify Stem Pearls® of any unauthorized use of your user account, user name or password.

5. Links
This web site may contain links to other web sites (the "Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. Stem Pearls™ is not responsible for, and does not endorse, the content of any Linked Site regardless of whether Stem Pearls® is affiliated with the sponsors of such site. Visitors to any Linked Site are urged and expected to abide by the terms of use and privacy policy of that particular Linked Site.

6. Restrictions on Use of the Web Site
In addition to other restrictions set forth in these Terms of Use, you agree that:

  1. you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

  2. you agree that you will not knowingly provide misleading information;

  3. you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

  4. you will not collect or harvest any information about other users;

  5. you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the prior written consent of Stem Pearls®;

  6. you will not provide any content that may give rise to Stem Pearls® being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including, but not limited to, laws relating to copyrights, trademarks, patents, or trade secrets.

7. Submission of Content on Web Site
By providing any content to this web site:

  1. you represent and warrant that you have all right, title, and interest to such posted content, including, but not limited to, any consent, authorization, release, clearance or license from any third party (such as any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral right, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity;

  2. you represent and warrant that the content you supply does not violate these Terms of Use;

  3. you agree to grant to Stem Pearls® a worldwide, irrevocable, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology already known at the time of provision or developed subsequently;

  4. you acknowledge and agree that Stem Pearls® will have the right (but not the obligation), in its sole discretion, to refuse to publish, to remove and to block access to any content you provide, at any time and for any reason, with or without notice.

8. Indemnification
You agree to indemnify, defend and hold harmless Stem Pearls® and its representatives, subsidiaries, affiliates, related parties, officers, directors, members, managers, employees, agents, independent contractors, advertisers and partners from any claim or demand, including reasonable legal fees, made by a third party, due to or arising out of your use of, or provision of content on, this web site, your violation of these Terms of Use, or the infringement by you, or made under your account, of any intellectual property or other right of any person or entity.

9. Trademarks, Copyrights and Restrictions
This web site is controlled and operated by Stem Pearls®. All material on this web site, including, but not limited to, images and illustrations, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Stem Pearls®, its related companies or by other parties that have licensed their material to Stem Pearls®. Material on any web site owned, operated, licensed or controlled by Stem Pearls® is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Stem Pearls®. Use of the materials on any other web site, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of Stem Pearls®, and is prohibited.

10. Notification of Copyright Infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please contact Stem Pearls® via the "Contact Us" form on our web site.

11. Applicable Law
You agree that these Terms of Use and any dispute arising out of your use of this web site or the products provided via this web site will be governed by and construed in accordance with local laws applicable in the domicile of Stem Pearls®, notwithstanding any differences between said legislation and the legislation in force at your location. By registering for a user account on this web site, or by using this web site and the products provided thereon, you accept that exclusive jurisdiction is granted to the courts having jurisdiction over the domicile of Stem Pearls® and that any disputes will be heard by said courts.

12. Miscellaneous Information

  1. In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable.

  2. The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect.

  3. You agree that any claim or cause in respect of this web site or its products must be filed within one (1) year after such claim or cause arose, or said claim or cause will be forever barred, without regard to any contrary legislation.

  4. Stem Pearls® may assign its rights and obligations under these Terms of Use, in which event Stem Pearls® will be relieved of any further obligation.

13. Disclaimer of Warranties and Liability
THE MATERIALS ON THE STEM PEARLS® WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STEM PEARLS® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER STEM PEARLS®, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE STEM PEARL® WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT STEM PEARLS® OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON THE STEM PEARLS® WEB SITE IS PROVIDED FOR PROMOTIONAL PURPOSES. STEM PEARLS® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE STEM PEARLS® WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU EXPRESSLY AGREE THAT USE OF THE STEM PEARLS® WEB SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER STEM PEARLS®, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE STEM PEARLS® WEB SITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS WEB SITE OR ANY OTHER STEM PEARLS® WEB SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STEM PEARLS® AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU (AND NOT STEM PEARLS®) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR, ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS WEB SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT STEM PEARLS® IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

14. Privacy Policy
Registration data and other personally identifiable information that the web site may collect is subject to the terms of the Privacy Policy of Stem Pearls®.

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