Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, products, and services (collectively, the "Services") provided by BerryOnMars ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services.

1. Use of Services

You may use our Services only as permitted by these Terms and any applicable laws. You may not use our Services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate BerryOnMars, a BerryOnMars employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm BerryOnMars or users of the Services

2. Account Registration

Some features of our Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

3. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BerryOnMars, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services or any content, features, or functionality of the Services. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your Web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

4. User Content

Our Services may allow you to post, submit, publish, display, or transmit content or materials (collectively, "User Content"). By providing any User Content, you grant us and our affiliates and service providers a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content.

You represent and warrant that:

• You own or control all rights in and to your User Content and have the right to grant the license granted above
• All of your User Content complies with these Terms
• Your User Content does not violate the rights of any third party, including intellectual property rights and privacy rights

5. Fees and Payment

Certain Services may be subject to fees. You agree to pay all fees and charges incurred in connection with your use of the Services. All fees are exclusive of applicable taxes, unless otherwise stated, and you are responsible for the payment of all applicable taxes.

Payment terms are specified at the time of purchase. If you provide credit card information to pay for the Services, you represent and warrant that you are authorized to use the credit card, and you authorize us to charge your credit card for the Services and any other amounts due under these Terms.

6. Termination

We may terminate or suspend your access to all or part of the Services, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms, applicable law, or is harmful to the interests of another user, a third party, or us.

7. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content available through the Services.

8. Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9. Indemnification

You agree to defend, indemnify, and hold harmless BerryOnMars, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

10. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Francisco County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

11. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

12. Contact Information

If you have any questions about these Terms, please contact us at:

BerryOnMars
Email: [email protected]