Privacy Policy
Please read these Terms and Conditions of Use (the "Agreement") carefully before using this website. By using any of the VANTEL PEARLS WEBSITES, you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not use any of the VANTEL PEARLS WEBSITES. Vantel Pearls reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the VANTEL PEARLS WEBSITES. You should always check this Agreement prior to using the VANTEL PEARLS WEBSITES. Your continued use of the VANTEL PEARLS WEBSITES following the posting of changes to this Agreement will mean that you accept those changes.
For purposes of this Agreement, the following terms have the following meanings:
• The "VANTEL PEARLS Demonstrator Agreement" means VANTEL PEARLS Demonstrator Contract, collectively with the VANTEL PEARLS Demonstrator Terms and Conditions attached to or accompanying such contract.
• A "VANTEL PEARLS Demonstrator" is an individual (a) who has agreed, pursuant to the terms of an VANTEL PEARLS Demonstrator Agreement, to be an VANTEL PEARLS Demonstrator, (b) who remains an active VANTEL PEARLS Demonstrator in good standing, and (c) whose VANTEL PEARLS Demonstrator Agreement or status as a VANTEL PEARLS Demonstrator has not been terminated.
If you are a VANTEL PEARLS Demonstrator, you acknowledge and agree that your use of the VANTEL PEARLS WEBSITE is subject not only to this Agreement, but also to the terms and conditions contained in your VANTEL PEARLS Demonstrator Agreement.
1. Note Regarding VANTEL PEARLS Demonstrators and VANTEL PEARLS Demonstrators' Personalized Websites.
VANTEL PEARLS Demonstrators are independent third party contractors of VANTEL PEARLS and are not otherwise affiliated with VANTEL PEARLS. VANTEL PEARLS is not responsible or liable for the statements, acts or omissions of VANTEL PEARLS Demonstrators, whether through or in connection with the VANTEL PEARLS WEBSITES, "offline," or otherwise. Without limiting the foregoing, although VANTEL PEARLS enables VANTEL PEARLS Demonstrators to create personalized online sites that contain VANTEL PEARLS branding and content and that may share URLs with certain VANTEL PEARLS WEBSITES (for example, URLs such as "[VANTEL PEARLS Demonstrator's name].VANTEL PEARLSrepresentative.com"), you acknowledge and agree that VANTEL PEARLS has no control over, and is not responsible or liable for, any text, images, or other information or materials posted by VANTEL PEARLS Demonstrators to such personalized online sites or any customizations made by VANTEL PEARLS Demonstrators to such personalized online sites (such information, materials, and customizations, the "VANTEL PEARLS Demonstrator Content") or any materials communicated by an VANTEL PEARLS Demonstrator to you. VANTEL PEARLS has not taken any steps to confirm the accuracy or reliability of any VANTEL PEARLS Demonstrator Content or other materials communicated by an VANTEL PEARLS Demonstrator to you, and makes no representations or warranties as to the security of any communications between you and any VANTEL PEARLS Demonstrators undertaken using VANTEL PEARLS Demonstrator Content (for example, email links posted by VANTEL PEARLS Demonstrators).
2. Restricted Uses.
The VANTEL PEARLS WEBSITES is owned and operated by VANTEL PEARLS. The contents of the VANTEL PEARLS WEBSITES are copyrighted under United States copyright laws. Except as stated herein, none of the material on the VANTEL PEARLS WEBSITES may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by VANTEL PEARLS to access and use the VANTEL PEARLS WEBSITES, you may download one (1) copy of any particular materials from the VANTEL PEARLS WEBSITES for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of VANTEL PEARLS copyright and other proprietary rights.
"VANTEL PEARLS" and the other VANTEL PEARLS trademarks, trade names, service marks and logos appearing on the VANTEL PEARLS WEBSITES are proprietary trademarks of VANTEL PEARLS. The use of any of our trademarks or any other content made available through the VANTEL PEARLS WEBSITES, except as expressly provided in this Agreement, is strictly prohibited.
3. Information Submitted Through the VANTEL PEARLS WEBSITES.
Your submission of information through the VANTEL PEARLS WEBSITES is governed by VANTEL PEARLS Privacy Policy (the "Privacy Policy"), and this Agreement incorporates by reference the terms and conditions of the Privacy Policy. You represent and warrant that any information you provide in connection with your use of the VANTEL PEARLS WEBSITES is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete.
4. Registration; User Names and Passwords.
You may be required to register with VANTEL PEARLS in order to access certain areas of the VANTEL PEARLS WEBSITES, for example, to purchase VANTEL PEARLS products or otherwise initiate transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the VANTEL PEARLS WEBSITES, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the VANTEL PEARLS WEBSITES, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the VANTEL PEARLS WEBSITES that occur in connection with your user name. You agree to immediately notify VANTEL PEARLS of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the VANTEL PEARLS WEBSITES, and to ensure that you "log off" and exit from your account with the VANTEL PEARLS WEBSITES (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
5. Rules of Conduct.
We expect users of the VANTEL PEARLS WEBSITES to respect the law as well as the rights and dignity of others. While using the VANTEL PEARLS WEBSITES you agree to comply with all applicable laws, rules and regulations. In addition, your use of the VANTEL PEARLS WEBSITES is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the VANTEL PEARLS WEBSITES pursuant to Section 14 below.
You agree not to:
• Post, transmit, or otherwise make available through or in connection with the VANTEL PEARLS WEBSITES:
o Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
o Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
o Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
o Any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved by VANTEL PEARLS in advance.
o Any personally identifiable information of another individual, without the prior consent of such individual.
o Any material, non-public information about a company, without the proper authorization to do so.
• Use the VANTEL PEARLS WEBSITES for any fraudulent or unlawful purpose.
• Use the VANTEL PEARLS WEBSITES to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about users of the VANTEL PEARLS WEBSITES.
• Impersonate any person or entity, including without limitation any representative of VANTEL PEARLS; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the VANTEL PEARLS WEBSITES; or express or imply that we endorse any statement you make
• Interfere with or disrupt the operation of the VANTEL PEARLS WEBSITES or the servers or networks used to make the VANTEL PEARLS WEBSITES available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the VANTEL PEARLS WEBSITES (including without limitation by hacking or defacing any portion of the VANTEL PEARLS WEBSITES).
• Use the VANTEL PEARLS WEBSITES to advertise or offer to sell or buy any goods or services for any business purpose, without VANTEL PEARLS's express prior written consent.
• Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the VANTEL PEARLS WEBSITES.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the VANTEL PEARLS WEBSITES.
• Remove any copyright, trademark or other proprietary rights notice from the VANTEL PEARLS WEBSITES or materials originating from the VANTEL PEARLS WEBSITES.
• Frame or mirror any part of the VANTEL PEARLS WEBSITES.
• Create a database by downloading and storing VANTEL PEARLS WEBSITES content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather VANTEL PEARLS WEBSITES content or reproduce or circumvent the navigational structure or presentation of the VANTEL PEARLS WEBSITES without VANTEL PEARLS's express prior written consent.
Additionally, you acknowledge and agree that you (and not VANTEL PEARLS) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the VANTEL PEARLS WEBSITES, and for paying all charges related thereto.
6. Forums and Submissions.
VANTEL PEARLS may offer features through the VANTEL PEARLS WEBSITES that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in Section 5 above apply to the Forums. Additionally, without VANTEL PEARLS's express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other VANTEL PEARLS WEBSITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization. When you submit or make available any information or materials through the Forums or otherwise through any VANTEL PEARLS WEBSITE ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by VANTEL PEARLS without restriction. You grant to VANTEL PEARLS the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the VANTEL PEARLS WEBSITES complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason. We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the VANTEL PEARLS WEBSITES. The Forums include the opinions, statements and other content of third parties, including VANTEL PEARLS Demonstrators. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including VANTEL PEARLS Demonstrators) through the Forums or otherwise through the VANTEL PEARLS WEBSITES are those of such third parties and not of VANTEL PEARLS, and VANTEL PEARLS does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the VANTEL PEARLS WEBSITES at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately. You acknowledge and agree that VANTEL PEARLS has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the VANTEL PEARLS WEBSITES. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE VANTEL PEARLS WEBSITES, YOU DO SO AT YOUR OWN RISK.
7. Sweepstakes, Contests, and Similar Promotions.
Any sweepstakes, contest, or similar promotion made available through any VANTEL PEARLS WEBSITE may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. VANTEL PEARLS urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Privacy Policy, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
8. Purchases and Other Transactions.
If you wish to purchase any product or service or to make a payment to your VANTEL PEARLS account through a VANTEL PEARLS WEBSITE (each such purchase or other transaction, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the VANTEL PEARLS WEBSITES will be treated by VANTEL PEARLS in accordance with this Agreement and the Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. VANTEL PEARLS reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the VANTEL PEARLS WEBSITES are subject to change without notice, and VANTEL PEARLS shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to VANTEL PEARLS' refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the VANTEL PEARLS WEBSITES, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
9. Intended Audience.
VANTEL PEARLS controls and operates the VANTEL PEARLS WEBSITES from its offices located in the Commonwealth of Massachusetts, U.S.A., and the VANTEL PEARLS WEBSITES are not intended to subject VANTEL PEARLS to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the VANTEL PEARLS WEBSITES are presented solely for the purpose of providing services and promoting products available in the United States. VANTEL PEARLS makes no representation or warranty that any VANTEL PEARLS WEBSITE, in whole or in part, or any products, services, or materials made available through the VANTEL PEARLS WEBSITES, are appropriate or available for use in other locations. Those who choose to access the VANTEL PEARLS WEBSITES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
10. Links to or From Other Sites.
Except as otherwise expressly stated by VANTEL PEARLS on a VANTEL PEARLS WEBSITE, VANTEL PEARLS is not affiliated or associated with operators of any third party websites that link to or are linked from the VANTEL PEARLS WEBSITES. VANTEL PEARLS expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the VANTEL PEARLS WEBSITES. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the VANTEL PEARLS WEBSITES because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.��� YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.������VANTEL PEARLS shall have the right, at any time and at its sole discretion, to block links to the VANTEL PEARLS WEBSITES through technological or other means without prior notice.
11. Disclaimer.
THE VANTEL PEARLS WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. VANTEL PEARLS MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE VANTEL PEARLS WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. VANTEL PEARLS MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY VANTEL PEARLS DEMONSTRATORS; (B) THAT THE VANTEL PEARLS WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE VANTEL PEARLS WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE VANTEL PEARLS WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE VANTEL PEARLS WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. While we try to maintain the integrity and security of the VANTEL PEARLS WEBSITES and the servers from which the VANTEL PEARLS WEBSITES are operated, the VANTEL PEARLS WEBSITES may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the VANTEL PEARLS WEBSITES. If you become aware of any unauthorized third party alteration to the VANTEL PEARLS WEBSITES, contact us at Webmaster@VANTEL PEARLS.com with a description of the material(s) at issue and the URL or location on the applicable VANTEL PEARLS WEBSITE where such material(s) appear.
12. Limitation of Liability.
IN NO EVENT SHALL VANTEL PEARLS, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "VANTEL PEARLS ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE VANTEL PEARLS WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE VANTEL PEARLS WEBSITES, OR (D) THE ACTS OR OMISSIONS OF VANTEL PEARLS DEMONSTRATORS, IN EACH EVENT, EVEN IF VANTEL PEARLS OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. VANTEL PEARLS IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. VANTEL PEARLS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY VANTEL PEARLS DEMONSTRATOR), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL VANTEL PEARLS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE VANTEL PEARLS WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE VANTEL PEARLS WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE VANTEL PEARLS WEBSITES.
13. Indemnification.
You will indemnify and hold the VANTEL PEARLS Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with the VANTEL PEARLS WEBSITES; (b) any violation of this Agreement or any other VANTEL PEARLS terms, conditions or policies by you or through any account you may have with any VANTEL PEARLS WEBSITE; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the VANTEL PEARLS WEBSITES infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any VANTEL PEARLS WEBSITE visitor, user, or customer, or any other third party; and you agree to reimburse the VANTEL PEARLS Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).
14. Termination and Enforcement.
This Agreement is effective until terminated by VANTEL PEARLS. You agree that VANTEL PEARLS, at its sole discretion, may terminate your access to or use of the VANTEL PEARLS WEBSITES, at any time and for any reason, including without limitation if VANTEL PEARLS believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 5 above). Upon any such termination, your right to use the VANTEL PEARLS WEBSITES will immediately cease. You agree that any termination of your access to or use of the VANTEL PEARLS WEBSITES may be effected without prior notice and that VANTEL PEARLS may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that VANTEL PEARLS shall not be liable to you or any third party for any termination of your access to the VANTEL PEARLS WEBSITES or to any such information or files, and shall not be required to make such information or files available to you after any such termination. VANTEL PEARLS reserves the right to takes steps that VANTEL PEARLS believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the VANTEL PEARLS WEBSITES and/or a third party claim that your use of the VANTEL PEARLS WEBSITES is unlawful or violates such third party's rights).
15. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on an VANTEL PEARLS WEBSITE infringe your copyright, you (or your agent) may send VANTEL PEARLS a notice requesting that VANTEL PEARLS remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send VANTEL PEARLS a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to Tim Gilman, VANTEL PEARLS Products Inc., 1251 Avenue of the Americas, NY, NY 10020; tel: 212-282-7000; email: dmca.notices@VANTEL PEARLS.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
16. Filtering.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that VANTEL PEARLS does not endorse, support or approve any of the products or services listed at such site.
17. Information or Complaints.
If you have a question or complaint regarding the VANTEL PEARLS WEBSITES, please send an email to Webmaster@VANTEL PEARLS.com. You may also contact us by writing to VANTEL PEARLS in the Oyster, Inc. 65 Green Street, Foxboro, MA 02035 or by telephone at 508-698-2220.
18. Governing Law.
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A. without regard to its conflicts of laws principles. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in the City of New York, Commonwealth of Massachusetts, U.S.A. and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.
19. Miscellaneous.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and VANTEL PEARLS. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and VANTEL PEARLS relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and VANTEL PEARLS relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any VANTEL PEARLS WEBSITE, by email, or by regular mail, at VANTEL PEARLS' discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement © 2007 VANTEL PEARLS in the Oyster, Inc. All rights reserved.
