If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g) (3). If we receive a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, we have also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Pierre Cheese Market may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Pierre Cheese Market Items are trademarks of Pierre Cheese Market. All other Pierre Cheese Market Trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Sites are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Pierre Cheese Market Or its affiliates or licensors. In countries where any of the Pierre Cheese Market Trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, we claim other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Pierre Cheese Market Or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin.
The Sites may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites (“User Content”). By using the Sites, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
1. Unless specifically requested by Pierre Cheese Market. any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
2. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of Privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
4. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
5. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
6. Viruses, spyware, Trojan horses, Easter eggs or any other harmful, disruptive or destructive files; and
You further agree not to (i) use technology or other means to access Pierre Cheese Marketor the Sites or Site Materials that is not authorized by Pierre Cheese Market; (ii) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Pierre Cheese Market or the Sites or Site Materials; (iii) attempt to gain unauthorized access to Pierre Cheese Market computer network or user accounts; or (iv) attempt to damage, disable, overburden, or impair Pierre Cheese Market. servers or networks.
Pierre Cheese Market. does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Pierre Cheese Marketliable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to Pierre Cheese Marketthat you grant herein. Pierre Cheese Market claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant Pierre Cheese Market and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content. By posting User Content, you hereby release Pierre Cheese Market and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Pierre Cheese Market. sites and our products (collectively, “Ideas”). Ideas, whether posted to the Sites or provided to Pierre Cheese Market by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Pierre Cheese Marketshall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray Pierre Cheese Market in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Pierre Cheese Marketlogos or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Pierre Cheese Market trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our 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 Pierre Cheese Marketor any third party. Pierre Cheese Marketmakes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the Sites. Such sites are not under the control of Pierre Cheese Marketand Pierre Cheese Market. 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.
Third Party Content, Products and Services (including Advertising and Promotions) Pierre Cheese Marketmay provide third party content on the Sites (including embedded content) and links to web pages and content of third parties, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Pierre Cheese Marketof any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Pierre Cheese Marketis not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.
To the maximum extent permitted by applicable law, Pierre Cheese Marketand its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Sites, the content or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Pierre Cheese Market. or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Pierre Cheese Market records, programs or services. In no event shall the aggregate liability of Pierre Cheese Market, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Sites, exceed any compensation you pay, if any, to Pierre Cheese Marketfor access to or use of the Sites. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
Pierre Cheese Market reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Pierre Cheese Market will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the Sites is Pierre Cheese Market. To file a complaint regarding the Sites or to receive further information regarding use of the Sites, send a letter to the above address or (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Sites.
You may contact us at: email@example.com.