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Terms of Service

This page explains the terms and conditions that apply to your use of specific berryu products and services, provided by The berryu Company and some of its subsidiaries (“berryu”, “us” or “we”), such as berryuimes.com and mobile applications. Important Notice-ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THE TERMS OF SERVICE, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN SECTION 12 BELOW. PLEASE READ THESE TERMS CAREFULLY PRIOR TO USING ANY berryu PRODUCTS OR SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS. You also agree that all disputes between us, whether in court or through arbitration, will be brought only on an individual basis and that you are waiving your right to bring or participate in a class arbitration or class action. PLEASE CLICK HERE TO READ SECTION 12 OF THIS AGREEMENT FOR FURTHER DETAILS. berryu collects, uses, and shares any personal information. If you live outside of the European Economic Area, you agree to the processing operations outlined in our Privacy Policy as permitted by your local laws by accepting these Terms of Service. Table of Contents USER-GENERATED CONTENT, GENERAL RULES AND DEFINITIONS, REPRESENTATIONS AND WARRANTIES, INDEMNIFICATION, LIMITATION OF LIABILITIES, REGISTRATION AND SECURITY FEES AND PAYMENTS, THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES, SOFTWARE LICENSES, TERMINATION GOVERNING LAW, JURISDICTION WAIVER OF CLASS ACTIONS, ARBITRATION, MISCELLANEOUS SPECIAL TERMS: BETA TESTING 1. GENERAL RULES AND DEFINITIONS 1.1 By using any of the berryu products or services that display or are otherwise governed by these Terms of Service, such as berryuimes.com (the “Site”), berryu’s mobile sites and applications, any of the features of the Site, such as RSS feeds, APIs, and Software (as defined below) and other downloads, as well as berryu’s Home Delivery service (collectively, the “Services”), you agree to be bound by all of the terms and conditions of these Terms of Service from berryu. 1.2 At any time, we may add to, modify, or remove any part of these Terms of Service by sending you a written notice of the change (which may include an email or an update to the “Last Updated On” date above). These modifications will take effect as soon as they are posted. Before using the site for the first time, you must read these terms of service. 1.3 YOU MAY: (1) CANCEL YOUR ACCOUNT (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE) AND/OR (2) DISCONTINUE YOUR USE OF THE SERVICES IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE YOUR ACCEPTANCE OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS. 1.4 We reserve the right to modify, halt, or terminate any component of the Services at any moment, including the accessibility of any feature, database, or content. Without prior warning or obligation, we may also place restrictions on specific features and services or deny you access to all or part of the Services. 1.5 Using the Services requires you to be exposed to advertisements. 2. CONTENT OF THE SERVICES 2.1 You may use the Site and the Services for personal, non-commercial purposes. The berryu Company or the entity acknowledged as the content provider owns or controls all copyright-protected materials published or made available on the Services, including but not limited to text, images, illustrations, designs, audio and video clips, metadata, data, and compilations (collectively, “Content”). Additionally, the berryu Company is the owner of copyright for the arrangement (selection, coordination, compilation, and enhancement of such content). Any additional copyright notices, guidelines, or limitations that may be present in any Content that you access through the Service must be followed by you. The following uses of content are not considered non-commercial: (1) the creation of any software program, including but not limited to training a machine learning or artificial intelligence (AI) system; or (2) giving archived or cached data sets containing Content to another person or entity. This usage requires prior written consent from The berryu Company. 2.2 In accordance with national and international laws, the Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights, and other intellectual or proprietary rights in or to the Services and Content. Any part of the Content (or its Arrangement) or the Services (including Software) may not be altered, published, transmitted, involved in the transfer or sale of, reproduced (apart from what is permitted in Section 2.3 of these Terms of Service), used to create new works, distributed, performed, displayed (including through framing and inline linking), communicated to the public, or used in any other way. 2.3 As long as you preserve any copyright and other notices included in the Content and other downloadable things, you are free to download or duplicate the Content and other downloadable items that are presented on the Services for your own personal use only. It is strictly forbidden to copy or store any Content for purposes other than personal use without first obtaining written consent from The berryu Rights and Permissions Department or the copyright holder mentioned in the copyright notice included with the Content. 2.4 The Associated Press and Reuters provide certain content; they do not assume any liability for any delays, inaccuracies, errors, or omissions in this content, or in the transmission or delivery of all or any portion of it, or for any consequential damages. 3. User-generated content: submissions such as comments, reader reviews, and more 3.1 By uploading, posting, or submitting any content on the Service, you guarantee to us that you are the owner of all necessary permissions to do so and that it won’t infringe upon anyone else’s rights or the law. It is forbidden for you to upload, distribute, or publish any libelous, defamatory, obscene, pornographic, abusive, or unlawful content on the Services. It is forbidden to pretend to be someone else or to misrepresent your identity, affiliation, or status in any other way. You promise not to intentionally mislead or knowingly supply false information in order to commit fraud. No malware, viruses, spyware, or other harmful software or files may be uploaded, distributed, or published in any way on the Services by you. It is prohibited for you to post, distribute, or publish any content to the Services by automated methods. Show courtesy. You promise not to use abusive or threatening language toward other users, to intentionally sabotage discussions with pointless or repetitive posts, or to engage in “spam.” Like any community, ours thrives online only when its members feel safe and welcome. You pledge to refrain from speaking in a way that is abusive or discriminatory towards anyone based on their race, religion, nationality, gender, sexual orientation, age, geography, handicap, etc. Any form of hate speech is cause for an immediate and permanent suspension of your ability to use all or some of the Services. Don’t attack; instead, debate. People in a community full of preferences and perspectives will constantly differ. berryu promotes lively debate and lively debates on the Services; however, personal attacks are strictly prohibited by these Terms of Service and will result in the immediate and permanent suspension of your ability to access all or part of the Service. 3.2 Only noncommercial use of the Services is permitted. You are not permitted to distribute or publish any content that contains an advertisement, a request for funds, or a request for goods or services without berryu’s full consent. You are not allowed to collect, store, or utilize any user information for any purpose that isn’t specifically allowed by these Terms of Service when using all or part of the Services. 3.3 You agree that berryu may edit, remove, modify, publish, transmit, and display any submissions you make to the Services (i.e., user-generated content such as comments, forum messages, reviews, text, video, audio, and photographs, as well as computer code and applications) (collectively, “Submissions”). You also waive any rights you may have to have the material altered or changed in a way that is disagreeable to you. Submissions made to the Services could also be made accessible for republishing in other forms and included in our RSS feeds and APIs. 3.4 By submitting a Submission, you grant berryu a perpetual, nonexclusive, worldwide, royalty-free, sub-licensable license to use the Submissions; this license includes, without limitation, the right for berryu, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including, without limitation, the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies) in any form or media now known or developed at any time. berryu grants licenses to outside parties for scholarly, governmental, financial, and commercial purposes, among other uses. In these situations, efforts are made to delete private content from these comments. 3.5 The content of your Submissions is entirely your responsibility. berryu reserves the right, in its sole discretion, to delete, move, or edit Submissions that it deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable. Nevertheless, berryu does not and cannot review every Submission and is not responsible for the content of these messages. 3.6 By submitting a contribution, you agree to its publication and exhibition on the website, inside the services, and for associated online and offline marketing purposes. 4. PROHIBITED USE OF THE SERVICES: 4.1 You are not permitted to use the Services in any way that could endanger us or a third party, nor to attempt to do so. You may not use the Services in a way that violates any relevant laws, export restrictions, sanctions, or the intellectual property rights, other proprietary rights, or legal rights of us or any third party. Furthermore, you commit to not attempting to circumvent, reverse engineer, decrypt, or otherwise alter or tamper with the Services or any of its content, nor to assist or encourage others in attempting to do so, nor to make any unauthorized use of the Services. You will not be permitted to: (1) access any portion of the Services, Content, data, or information for which berryu has revoked your access; (2) use robots, spiders, scripts, services, software, or any other manual or automatic device, tool, or process intended to data mine or scrape the Content, data, or information from the Services; or (3) use the Content for the development of any software program, including but not limited to training a machine learning or artificial intelligence (AI) system. All of these activities require berryu’s prior written consent. The following actions are prohibited: (4) using services, software, or any manual or automatic tool, device, or process intended to get around any limitation, condition, or technological measure that controls access to the Services in any way; (5) caching or archiving the Content (apart from the use of spiders by public search engines to create search indices); (6) placing an excessive or disproportionately heavy load on our network or infrastructure; and (7) taking any action that could disable, damage, or alter the functioning or appearance of the Services, including the display of advertisements. 4.2 Using the Services for unlawful purposes may subject the user and others helping them to administrative, civil, criminal, and/or other penalties, fines, or punishments. 5. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES 5.1 You hereby represent, warrant, and covenant that: (1) no materials of any kind submitted through your account will: (a) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; or (2) contain libelous or otherwise unlawful material. (2) You further represent that, if you are under eighteen years old, your parent or legal guardian has read and approved of these Terms of Service. By signing this agreement, you agree to fully indemnify, defend, and hold harmless berryu and all of its officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (together, the “Indemnified Parties”) against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of: (1) any breach of these Terms of Service or the aforementioned representations, warranties, and covenants by you or any user of your account; or (2) your egregious negligence or willful misconduct. You have to assist the defense of any such claim to the extent that is reasonably required. berryu retains the right to take exclusive defense and management of any matter for which you are liable, at its own cost. 5.2 berryu makes no representations on the veracity or accuracy of any counsel, opinion, statement, or other information that users, information providers, or any other person or entity may publish, upload, or disseminate through the Services. berryu disclaims all liability to you or any third party arising from a user’s exchanges with other users. You understand that you will bear all risk if you rely on any such statement, advise, opinion, memorandum, or information. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, berryu DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE WILL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED IN THE SITE, THE CONTENT, OR THE SERVICES. NOTHING CONTAINED IN THE SITE WILL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. 5.3 berryu, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS, AND LICENSORS (“berryu PARTIES”) SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS, OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, LOST GOODWILL, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, THE “EXCLUDED DAMAGES”). These limitations apply regardless of whether the alleged liability is based on negligence, tort, contract, or another theory of liability; they also apply regardless of whether any of the berryu parties were informed that any of the excluded damages could occur or could have been anticipated; furthermore, they apply regardless of the failure of a limited remedy’s essential purpose. In the event that any part of this section is declared unenforceable by a competent authority, the berryu parties’ liability will be limited to the maximum extent permitted by applicable law. 6. REGISTRATION AND SECURITY 6.1 You will create login credentials during the registration or account creation process by choosing a password, entering your email address, and connecting an account—like your Apple, Facebook, or Google accounts—as part of the procedure. Additionally, you can be asked for particular registration data, which needs to be current and precise. Every registration is only for one person. It is strictly prohibited for you to provide your login credentials to third parties or to share them with others. If you reveal your login information, we have the right to terminate or suspend your access to the Services. You will not be required to provide your password to any berryu representative or agent. It is your responsibility to keep it private. You are not permitted to: (1) choose or use someone else’s login credentials with the intention of impersonating that person; (2) use someone else’s login credentials without that person’s consent; or (3) use someone else’s login credentials that we, in our sole judgment, find objectionable. Your account may be immediately suspended or terminated for violating our terms of service, so please make sure you follow these guidelines. You agree that we may send notifications to the email address you supply us electronically. You acknowledge that any legal requirement that these communications be made in writing is satisfied by all notices, disclosures, and other communications that we provide to you electronically. You acknowledge that you are able to save these electronic messages so that you can access them at any time without losing their original format. 6.2 If you become aware of any known or suspected unauthorized use(s) of your account, or if you suspect any security breach, such as the loss, theft, or unauthorized disclosure of your password or credit card information, please contact us at help@berryuimes.com. 6.3 To use any portion of the Services in the USA and the UK, you must be 13 years of age or older; globally, you must be 16 years of age or older. In order to use, subscribe to, or register for any part of the Services as a minor, you must get your parent or legal guardian to read over and accept these Terms of Service before using any part of the Services. Alternatively, you can ask them to complete the purchase and/or registration on your behalf. 6.4 You bear full responsibility for all activity or use on your berryu account, including use of the account by any third party you have given permission to access it using your login information. At our sole discretion, we reserve the right to terminate your account for fraudulent, abusive, or otherwise illegal activities. We may also forward your information to the relevant law enforcement authorities. 6.5 In the event that a third party (such as your employer or a school where you attend) gave you access to any Service, (collectively, the “Client”), the Client may have given us information about you so that we could grant you access to the Services and identify you apart from other subscribers (such as your IP address, email address, or name). 6.6. It is not within our purview to ensure that any of the Services are devoid of viruses or other malicious or contaminating code. It is your duty to put in place the necessary IT security measures (such as antivirus software and other security checks) to meet your specific needs regarding the dependability and safety of the Services. 7. PAYMENTS AND FEES 7.1. We retain the right to impose fees for access to all or any portion of the Services at any time. However, unless we have your previous consent to pay such charges, you will never be charged for access to the Services. As a result, we will notify you in advance of any fees if we decide to charge for any of the currently free components of the Services in the future. You have the option to terminate your service at any moment (see to Section 10.1 for details). Any additional costs will be clearly announced on the website and in other relevant places throughout the service. All fees and charges associated with your account, including but not limited to those for any digital goods or services that we or any other vendor or service provider offer for sale through the Services, must be paid by you at the rates that are in force for the billing period in which they occur. You will be billed for and responsible for paying all fees and charges. All taxes that are relevant to your use of the Services through your account must be paid by you. 8. Links to third-party websites and content from third parties. 8.1 The Services provide links to resources, advertisements, and websites operated by third parties (collectively, “Linked Content”). None of the Linked Content is under the control, sponsorship, endorsement, recommendation, or other liability of berryu. You should refer any issues about any Linked Content to the relevant website since we are not liable for the availability, contents, or privacy policies of these outside resources. 9. SOFTWARE LICENSES Subject to these Terms of Service, the Terms of Sale (where applicable), and any additional terms unique to the individual application, you are granted a limited, revocable, and non-transferable license to use the mobile applications (hereinafter, “Apps”) on devices that you own or have the legal right to use. The proprietary software and accompanying documentation, as well as any additions or changes made to it, that you were given in order to use the Services are not your property (“Software”). Any license that berryu has provided you may not be sublicensed, assigned, or transferred, and any effort to do so will be deemed void. You are only allowed to make one copy of such software for storage needs. Other than that, you are not allowed to distribute, copy, alter, reverse engineer, or make derivative works using software. 10. TERMINATION; SURVIVAL 10.1 You have the option to cancel your account at any moment by contacting Customer Care by phone at 866-273-3612 (if you are not in the United States, please refer to our foreign contact information) or by chat here. Our Cancellation and Refund Policy for Digital Products shall apply when terminating paid digital products. 10.2 For any reason, including but not limited to violating or assigning these Terms of Service, berryu may, at its sole discretion, cancel or suspend your access to all or part of the Services. 10.3 Should your account or access to all or part of the Services be terminated, the terms and conditions of this agreement will still be in effect. 11. GOVERNING LAW; JURISDICTION 11.1 Without regard to their conflict of law provisions or the United Nations Conventions on Contracts (if applicable), these Terms of Service have been made and will be construed and enforced in accordance with the laws of the United States of America and the State of New York as an agreement wholly performed in the State of New York. 11.2 Any claim or action resulting from or connected to the use of the Services or these Terms of Service must be brought within a year of the claim’s or action’s emergence, failing which it will be permanently barred. You will never be entitled to an injunction or other kind of equitable relief, and any claim you may have in relation to these Terms of Service will only be compensated by monetary damages. 12. Class action waiver; arbitration 12.1 binds parties to arbitration. You and berryu agree that any controversy or claim arising out of or relating to the Terms of Service, the Terms of Sale, your relationship to berryu as a subscriber, or your use of any of berryu’s Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (the “Covered Claims”), will be resolved in court, with the exception of i) statutory or common law claims related to intellectual property and ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”). A TRIAL BY JURY AND THE RIGHT TO FILE A LAWSUIT IN COURT ARE GIVEN UP WITH YOUR AGREEMENT TO ARBITRATE; INSTEAD, YOU WILL APPEAR IN FRONT OF A NEUTRAL ARBITRATOR FOR A HEARING REGARDING ALL COVERED CLAIMS. 12.2 WAIVER OF CLASS ACTIONS: YOU AND berryu AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR A MEMBER OF A CLASS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, BUT NOT LIMITED TO, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION COLLECTION. 12.3. Arbitration Procedure and Governing Rules. The American Arbitration Association (“AAA”) will conduct arbitrations for any disputes between us pertaining to the Covered Claims in compliance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). Please visit the American Arbitration Association website at adr.org for additional information about arbitration, the AAA, and the arbitration procedure. With the exception of matters pertaining to the extent, applicability, and enforceability of the arbitration clause—such as whether any claims fall under the purview of this provision’s definition of Covered or Excluded Claims—all matters shall be decided by the arbitrator. The Federal Arbitration Act governs the interpretation and execution of this clause, as acknowledged by the parties, but New York law applies to any arbitration under this section, as specified in Section 11. You may still report concerns to federal, state, or local agencies after this arbitration agreement expires, and if permitted by law, they may pursue remedies against us on your behalf. Both parties agree that before starting arbitration for a Covered Claim, they will give the opposing party a personalized written notice of the potential claim that includes the following details: (1) the claim’s factual and legal basis; (2) the potential claimant’s contact information and any applicable legal counsel; and (3) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Before pursuing more formal means of resolution, such as, without limitation, arbitration or other court action, the parties undertake to make a good faith effort to settle the claim for at least 30 days after the opposing party receives the Notice. Write to legal@berryuimes.com or The berryu Company, Attn: Legal Department, 620 Eighth Avenue, New York, NY 10018 to notify berryu of a claim. The venue for any arbitration hearings shall be decided in compliance with the AAA Rules, unless you and berryu agree otherwise in writing. The AAA Rules will apply to the payment of all filing, administrative, and arbitrator fees; however, if the arbitrator determines at any point that a claim was filed frivolously, in an attempt to harass someone, or in any other way in bad faith, the filing party shall reimburse the other party for all expenses and fees—including legal fees—related to that claim. Any federal or state court with competent jurisdiction situated in the County of New York in the State of New York may enter a judgment based on the arbitrator’s verdict. Only the specific party requesting relief may be granted financial or equitable remedies, and only to the extent required to satisfy that party’s particular claim. The arbitrator will not provide a justification for the ruling unless both parties request it in order to expedite the arbitration and save money. 12.4 An appropriate federal or state court situated in the County of New York in the State of New York shall be the exclusive jurisdiction and venue for any action pertaining to Excluded Claims and any other conflict or claim for which arbitration is denied. 12.5 In the event that these Terms of Service, the Terms of Sale, your relationship with us, and/or your account or profile are terminated, all of the terms in this Dispute Resolution – Arbitration and Waiver of Class Actions Section shall remain in effect. 13. MISCELLANEOUS 13.1 New York law has been followed in the creation of these terms of service and will be followed in their interpretation and enforcement. Any legal action to enforce these terms of service must be filed in New York City federal or state courts. 13.2 Our Privacy Policy’s assurances are not negated by anything in these Terms of Service. 13.3 The email address for correspondence is help@berryuimes.com. 13.4 You commit to notify berryu of any and all violations of the Terms of Service as soon as you become aware of them. Please send an email to copyrights@berryuimes.com if you believe that any content included in a service violates your copyright. 13.5 If we do not act in response to a breach by you or any other party, it shall not be construed as a waiver of our right to act with respect to similar breaches or to enforce any other terms or conditions of these Terms of Service in the future. Please send all general inquiries to help@berryuimes.com. 13.6 Should a clause in these terms of service be declared unlawful or unenforceable for any reason, it will be considered severable and will be interpreted to the greatest extent feasible in accordance with the law, reflecting the parties’ intentions. Any remaining clauses will continue in full force and effect and will not be altered in any way regarding their legality or enforceability. 13.7 Please send the following information in writing to berryu’s Copyright Agent if you think that your work has been copied in a way that violates copyright (for further information, see 17 U.S.C. Section 512(c)(3)). Please note that in order for the Notice to be legally binding, it must contain the following: the physical or electronic signature of the person authorized to act on behalf of the owner of the allegedly infringed exclusive copyright; a description of the copyrighted work that you claim has been infringed; the location of the material that you claim is infringing on the Site; your address, phone number, and email address, along with any other reasonably sufficient information to allow us to contact you; a statement from you stating that you have a good faith belief that the disputed use is not permitted by the copyright owner, its agent, or the law; a declaration from you, under penalty of perjury, stating that the information in your Notice is true and that you are the copyright owner. Please provide berryu’s Copyright Agent the following Counter-Notification if you believe that any content or materials you uploaded, posted, or submitted to the berryu Service were later removed from the berryu Service, or that access to the berryu Service was improperly removed or disabled. For more information, see 17 U.S.C. § 512(g). a description of the materials that have been taken down or to which access has been restricted, together with the place where the material was previously visible before those actions were taken. a declaration made under penalty of perjury stating that you sincerely believe the material was removed or disabled due to an error or misidentification of the content that was to be removed or disabled. Name, address, phone number, and declaration that you will accept process from the individual who notified you of the alleged infringement; additionally, you agree to the jurisdiction of the Federal District Court for the judicial district in which the address is located. In order to address a claim of copyright infringement, notices should be sent by mail to The berryu Company at 620 Eighth Avenue, New York, NY 10018, Attention: Copyright Agent, 212-556-1234, or by email to copyrights@berryuimes.com. 12.8 If you live in California, you can contact us by phone at 1(800) 698-4637 or through chat if you have any complaints about the Services. Additionally, you can write to the Complaint Assistance Unit at 1625 N. in the Division of Consumer Services of the California Department of Consumer Affairs. Market Blvd., Suite S-202, 95834 Sacramento, CA 95834, or (800) 952-5210) over the phone. 14. SPECIAL TERMS 14.1 Pilot Project Evaluation. Before its public or commercial release, berryu may provide an invitation to you to test and assess software, apps, downloads, or other features (henceforth referred to as “Beta Test Services”). By choosing to take part in the beta test services, you accept to be governed by these special terms as well as to give berryu specific comments and recommendations on your observations and analyses of the beta test services (“Feedback”). For any particular Beta Test Service, berryu may ask you to sign a confidentiality agreement. If so, these terms and conditions, which apply to all Beta Test Services, as well as the confidentiality agreement will govern your involvement as a tester (the “Tester”). You also acknowledge that the berryu beta test services and any of its contents (collectively, “Pre-Release Materials”) constitute proprietary or secret information. Participating in Beta Test Services is contingent upon your agreement to the following terms and conditions: (1) not copy or reproduce the Pre-Release Materials; (2) protect the Pre-Release Materials and prevent unauthorized access to, reproduction of, disclosure of, and/or use of the Pre-Release Materials; and (3), if applicable, fully comply with the terms and conditions of the confidentiality agreement. You acknowledge that berryu may suffer irreversible injury if the aforementioned commitments are broken, and berryu is entitled to equitable relief, including an injunction, in addition to all other remedies, to stop the breach or impending breach of your obligations. Until berryu officially distributes the Pre-Release Materials you are testing or discloses them in any other way, without your fault, you will be obligated to keep the Pre-Release Materials confidential. You consent to promptly erasing any copies of the Pre-Release Material that berryu sent you upon request. You are permitted to utilize the beta test services just in order to assess them and help berryu find any mistakes. Regarding the Beta Test Services or other content, nothing in these Special Terms or these Terms shall be interpreted as giving you any rights or advantages. The Beta Test Services are offered “as is” and “as available,” and berryu disclaims all express and implied warranties against you. By using the Beta Test Services, you agree that: (1) participating in Beta Test Services is at your own risk and you know that the Beta Test Services may include known or unknown bugs; (2) any status indicators or preferences saved within Beta Test Services may be erased at any time; (3) berryu has no obligation to make these Beta Test Services available with or without charge for any period of time, nor to make them available at all; (4) these Terms also apply to your use of the Beta Test Services; (5) if requested, you will keep all information about the Beta Test Services confidential as stated above; (6) any Feedback you provide will become the property of berryu without any right to compensation or other obligation from berryu; (7) berryu may (or may not) use or otherwise exploit all or part of your Feedback or any derivative of it in any manner or media now known without any further remuneration, compensation or credit to you; (8) your participation to the Beta Test Services is on a purely voluntary basis and in consideration of the opportunity to assist berryu with the Beta Test Services; and (9) nothing in these Special Terms or your participation in the Beta Test Services creates any employment relationship between you and berryu. These Special Terms shall take precedence over the remaining Terms in the event of a dispute. 14.2 Terms for Users of Apple Products. In the event that the application you download, open, and/or utilize comes from the Apple App Store: 1. You and berryu both agree that the Terms are made exclusively between you and berryu and not with Apple, and that Apple is not liable for the Content or the applicable mobile applications (hence, “App”); 2. Subject to all of the terms and conditions of these Terms as they relate to the Services, you are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to use the App only in conjunction with the Services for your own private, personal, and non-commercial use; 3. The App may only be utilized in conjunction with an Apple device that you either possess or manage; 4. You understand and accept that Apple is under no circumstances required to provide any maintenance or support services in relation to the App; 5. You may notify Apple of any failure on the part of the App to comply with any relevant guarantee, including those implied by law; upon notification, Apple’s only warranty duty to you will be to reimburse you for the App’s purchase price, if any; 6. You understand and consent that berryu, not Apple, will handle any disputes that you or any other party may have over the App; 7. You understand and agree that berryu, not Apple, will be in charge of the investigation, defense, settlement, and dismissal of any third-party claim that the App or your possession and use of the App violates that third party’s intellectual property rights; 8. You guarantee and indicate that you are not in a nation covered by a U.S. government embargo, or that which the United States has designated. the government as a nation that “terrorist supports,” and that you are not included on any U.S. List of parties that the government has banned or restricted; 9. berryu and you both understand and consent to abide by any applicable third-party terms of agreement that may impact or be impacted by your use of the App; and 10. Apple and its subsidiaries are third-party beneficiaries of these Terms, and both you and berryu acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you in your capacity as the third-party beneficiary of the Terms.