Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Some portions of the Site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
Your Account Security
You are responsible for maintaining the security in your account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., password), and all consequences that stem from activities occurring with your account. You also agree that We are not responsible for any unauthorized use of your Pruneyard account. You should not share your login information with anyone. Pruneyard will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact Pruneyard.
You further agree to promptly notify Pruneyard of any security breach relating to your Pruneyard account. Such notices should be sent to the address at the bottom of this Policy.
You are encouraged to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords; and preventing the disclosure of passwords to any third parties.
Accuracy of Information Provided by You
You agree that all information you provide Pruneyard is true, current, complete, and accurate. You also agree that you will update your information as needed to keep it true, current, complete, and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices may be sent to the address on the bottom of this notice.
Failure to provide such new information will constitute a material breach of the terms of this TOU and may lead to the suspension or termination of your account and usage of Site services.
Code of Conduct
- use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
- attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site server or to any of the website through hacking, password mining or any other means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- use data mining, robots, screen scraping or similar data gathering and extraction tools on this site;
- use any metatags or any other “hidden text” utilizing Pruneyard ’s name, service or trademarks or trade dress without the express written consent of Pruneyard;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information;
- upload, or otherwise make available files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- harvest or otherwise collect information about others, including but not limited to e-mail addresses;
- use the site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
- use the Site, services, or tools if you are not able to form legally binding contracts;
- any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator; and
- any attempt to reverse engineer or reconstruction any portion of the Site.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of Site services. You further agree to that to the extent you are using the Site for the purposes related to Pruneyard and that will adhere to all applicable State and Federal laws and regulations.
If any of the following events occurs, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Pruneyard is not obligated to send any such notice of default and may immediately suspend or terminate your account or services without notice. In the event a written notice of default is provided to you, you shall have no longer than ten (10) calendar days to cure your breach.
Maintenance/Site Down Time
Pruneyard reserves the right to perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. PRUNEYARD will attempt to communicate any expected prolonged system outage to Site users in advance of outage.
PRUNEYARD is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of God, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Pruneyard’s control.
Intellectual Property Rights
You agree that Pruneyard holds all right, title and interest to all services, its websites any information and technology used to provide the Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such services.
All content including but not limited to text, graphics, downloads, and software included on this site is the property of Pruneyard or its licensors and protected by United States and international copyright laws.
You also grant Pruneyard a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit or provide to Pruneyard. Such information will be used solely by Pruneyard in conjunction with marketing the Site and its services.
Disclaimer of Warranties
PRUNEYARD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF PRUNEYARD, PRUNEYARD DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, BUG FREE OR ERROR FREE.
Assumption of Risk
When you access the Site, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your owner discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss or corruption of data.
You agree that Pruneyard shall have the right to participate in the defense of any claim asserted against Pruneyard. You also agree that Pruneyard shall be entitled to retain a counsel Pruneyard’s own choosing at your cost. You further agree to notify Pruneyard of your knowledge of any claim against Pruneyard. You agree to cooperate fully with Pruneyard during such proceedings.
Right to Refuse Service
Pruneyard, in our sole discretion and without any liability to us, reserve the right to refuse service to any person or entity.
Consent and Survival of Agreement
Reports of Abuse
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Pruneyard be liable to you for your failure to retain necessary records, nor will Pruneyard’s (non-)retention of records act to alleviate your duty under the law.
Choice of Law, Jurisdiction and Venue
All purchases from, and interaction with, the Site are deemed made within the State of California.
Exclusive Remedy and Damages Cap
Time Limitations for Action
You hereby agree that any cause of action arising out of or related to the services provided to you by Us must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Waiver of Jury Trial
No Third-Party Beneficiaries
Except as expressly provided herein, nothing in this TOU is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
You may not assign any of your rights or delegate any of your duties under this TOU without the prior written consent from Us. Any attempt by your creditors or another third-party to obtain an interest in your rights under this TOU Policy is voidable at Pruneyard’s option.
Successors and Assigns
Except as otherwise expressly provided herein, this TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors, and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Pruneyard in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Pruneyard’s election to not assert its rights under this TOU shall not preclude Pruneyard from asserting its rights in the future.
Severability of Terms
If Pruneyard must enforce the terms of this Policy or prevails in any action, suit, or proceeding arising from or based upon this TOU, Pruneyard shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in this TOU are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.