RedPearl - website ratings & reviews: Terms of Use

Home > Terms Of Use

Please read these Terms of Use ("Terms") carefully before accessing the RedPearl website ("Site") or using the website services ("Services"). By visiting the RedPearl Site or using the RedPearl Services, you are stating that you acknowledge and agree to be bound by all of these Terms. The Services are offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. If you do not agree to these Terms, the RedPearl Privacy Policy, or the RedPearl Review Guidelines, do not access the Site or the Services.

RedPearl can amend or modify these Terms at any time by posting the updated Terms on http://www.redpearl.com. The updated Terms take effect immediately upon posting. Your continued use of the Site or Services will be deemed to be acceptance of any changes to these Terms or the Services.

INTENDED USERS
RedPearl is not intended for use by children under 13, although merchants and advertisers on our website may offer children's products for purchase by adults. If you are under 18, you may use RedPearl only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it.

MEMBERSHIP
You may become a "Member" of RedPearl by completing the Member Sign-Up form. Members have certain privileges including the ability to post reviews on RedPearl. As a condition of use and membership, you agree that we may contact you to inform you of changes to these Terms or describing new or enhanced features and services available on RedPearl. You agree to provide accurate and current registration information and to update your account promptly as changes occur. You agree to safeguard your account and your password and are solely responsible for any and all use that occurs under your Member account, whether or not you have authorized such use. You will notify RedPearl immediately of any unauthorized use of your account.

CONTENT
RedPearl assumes no liability and takes no responsibility for any opinion, posting, message, profile, link, data, information, image, file, code, work of authorship or other material posted, stored, or uploaded or downloaded by you or any third party ("Content"), or for any loss, damage, or unauthorized alteration of Content. As a provider of interactive services, RedPearl is not liable for any mistakes, falsehoods, omissions, defamation, slander, libel, obscenity, pornography or profanity you may encounter nor will RedPearl be liable for any statements, representations or Content provided by its users in any public forum, personal page or other interactive area. Although RedPearl has no obligation to screen or monitor any of the Content posted to or distributed through the Site or Services, RedPearl reserves the right, and has absolute discretion, to remove or edit any Content posted or stored on the Site or through the Services without notice at any time and for any reason.

By submitting or contributing any Content to RedPearl, you represent and warrant that (a) you own or otherwise control the intellectual property rights of such Content, or you otherwise have the lawful right to submit and distribute such Content to or through the Site or Services, (b) submission, dissemination, or other use of such Content will not cause injury to or violate any rights of any person or entity, (c) submission, dissemination, or other use of such Content does not violate these Terms, and (d) you will indemnify RedPearl or its affiliates for all claims resulting from Content you provide.

Furthermore, by submitting or contributing any Content to RedPearl, you (a) voluntarily waive all "moral rights" that you may have in such Content, (b) grant RedPearl and its affiliates a nonexlusive, irrevocable, perpetual, royalty-free, transferable, and fully sublicensable right to use, delete, edit, modify, adapt, translate, publicly display, reproduce, publish, distribute, and create derivative works of such Content throughout the world in any media, and (c) grant RedPearl, its affiliates and sublicensees the right and the option to use the name, city, and state that you submit in connection with such Content.

RedPearl shall have no obligation to offer or provide (a) a means for you to view, review, retrieve, edit, delete, or otherwise change Content that you submit, (b) any disclosure or communication to you of why Content that you submitted was used or not used or how it was used, or (c) any payment or other consideration for Content that you submit.

CONDUCT
When accessing the Site or using the Services of RedPearl, you agree not to submit, post, email, distribute, disseminate, or otherwise make available ("Transmit") Content that:

is false or misleading or you suspect may be false or misleading;
is indecent, obscene, profane, defamatory, libelous, hateful, abusive, threatening, harmful, or otherwise objectionable;
infringes on intellectual property rights, violates any fiduciary or contractual relationships, or is otherwise illegal;
includes any personally identifiable information about another person, beyond a first name or a username, without that person's explicit consent, or otherwise invades another's privacy;
contains viruses, worms, Trojan horses, corrupted files, or any other software or technology that may damage or adversely affect the operation of the Site, another person's computer, any software or hardware, or telecommunications equipment;
advertises or offers to sell any goods or services unless approved by RedPearl prior to being posted;
contains spam, chain letters, surveys, contests, unsolicited advertisements or promotions.

Furthermore, when accessing the Site or using the Services of RedPearl you agree not to:

degrade, abuse, harass, intimidate, threaten, or otherwise injure any third party;
violate the legal rights of others or engage in any illegal activities;
interfere with or disrupt the Site, our network, our servers, or any RedPearl operations;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
restrict or inhibit any other user from using and enjoying any public areas within the Site;
gather any email addresses made public by Members and use for your own purpose;
impersonate any person or entity or misrepresent your affiliation with a person or entity;
modify, adapt, translate, or reverse engineer any portion of the RedPearl Site and/or Services;
access, retrieve or index any portion of the RedPearl Site and/or Services for purposes of constructing or populating a searchable database of website reviews;
copy or store any Content offered on the RedPearl Site for other than your own use;
create user accounts by automated means or under false or fraudulent pretenses.

The above list is only representative of the conduct not permitted under these Terms and is not exhaustive. Any conduct deemed inappropriate by RedPearl may result in suspension or termination of your RedPearl account.

PROMOTIONS & GIVEAWAYS

General Conditions
By participating in any promotion or giveaway, the member agrees to be bound by these General Conditions and the Official Rules for that particular promotion or giveaway. These rules and conditions will be interpreted in RedPearl’s sole discretion, and all determinations made pursuant to these rules and conditions by RedPearl are final and binding.

Eligibility
Promotions and giveaway are open to legal residents of the United States who already have connection to the Internet and an e-mail account. U.S. legal residents must be 18 years or older to enter any promotion or giveaway. Employees, officers, and directors of RedPearl, along with its affiliated advertising, promotion and fulfillment agencies, legal advisors, their immediate family members and persons living in their same household, are not eligible to participate or receive prizes or payouts.

Payouts and Prizes
Payouts or prizes offered through RedPearl promotions or giveaway are earned through the submission of eligible website reviews. RedPearl reserves the right to change the payout or prizes, the value of the payout or prizes, the limits on payouts or prizes, and the date at which prizes or payouts will be delivered.

Automated Scripts
Users may only participate in the promotion or giveaway with one type, version or copy of browsing software application at any one time. The use of machines, computers, scripts or any automated system to submit reviews ("Automated Cheats") is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. RedPearl’s determination of whether a user is submitting reviews generated through Automated Cheats is in RedPearl’s sole discretion.

Disqualification or Termination
RedPearl may terminate and permanently disqualify any members during any promotion, giveaway, or other activity on RedPearl’s site who RedPearl, in its sole discretion, determines as being in violation of the General Conditions or the Official Rules. If RedPearl terminates a member’s RedPearl Account and/or disqualifies a player from participation in any promotion or giveaway, the member will immediately lose all rights to collect payout or prizes under any promotion or giveaway. All decisions by RedPearl are final.

Limitation of Liability
RedPearl their parent, subsidiaries, and affiliated companies, agents, and representatives are not responsible for error, omission, interruption, deletion, defect, or delay in operations or transmission; theft or destruction or unauthorized access or alterations of entry materials, computer transmissions, or for technical telephone equipment, electronic, hardware or software, network, Internet, or computer malfunctions of any kind; or inaccurate transmission of, or failure to receive member or review information by RedPearl on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. RedPearl and affiliated companies, agents, and representatives are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed software transmissions which may limit a participant's ability to participate, or damage user's system as a result of participation, or downloading any information necessary to participate in any promotion or giveaway. If technical difficulties compromise the integrity or ability to continue online registration or participate, RedPearl reserves the right to terminate a promotion or giveaway prior to the stated date by which all registrations and reviews must be received.

By participating in any promotion or giveaway, the user agrees to be bound by the General Conditions and the Official Rules. These rules and conditions will be interpreted in RedPearl's sole discretion, and all determinations made pursuant to these rules and conditions by RedPearl are final and binding. RedPearl and affiliated companies, agents, and representatives are not responsible for: (i) Any condition caused by events beyond their control that may cause the promotion or giveaway, the entry process, or the website to be disrupted or corrupted; (ii) Any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of any prize or payout, or acceptance, possession, or use or misuse of any prize or payout, or from participation in the promotion or giveaway; (iii) Any printing or typographical errors in any materials associated with the promotion or giveway or the entry process. RedPearl reserves the right, in its sole discretion, to suspend or cancel the promotion or giveaway in whole or in part, in the event of technical or other difficulties. By participating in the promotion or giveaway, each participant agrees to release and hold RedPearl and affiliated companies, and the employees, officers, directors, shareholders, agents, representatives of RedPearl, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the promotion or giveaway, the entry process, or resulting from acceptance, possession, or use or misuse of any prize or payout, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.

OTHER RULES
You agree to comply with RedPearl's Review Guidelines, which are incorporated into these Terms, and with all laws and regulations applicable to your access and use of the RedPearl Site and Services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

LICENSES
Subject to these Terms, RedPearl hereby grants to you a limited, revocable, non-exclusive, non-transferable license ("License") to access and use the Site and Services and information available from the Site and Services solely in accordance with these terms and conditions and the applicable policies of RedPearl made available on the RedPearl website.

Notwithstanding any provision of these Terms, RedPearl reserves the right, in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, the Services and Content, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, the Services or Content; (c) change, suspend or discontinue any aspect of the Site, the Services or Content; and (d) impose limits on the Site, the Services and Content. Either party may terminate the License at any time and for any reason. In addition, the License will terminate immediately, without notice, if you fail to comply with these Terms.

PROPRIETARY RIGHTS
Except for the limited license granted above, RedPearl expressly reserves all right, title and interest in and to the Site, the Services, RedPearl-related software, code, script or API and all processing, algorithms and other software and technology used by RedPearl in the provision of the Services (collectively, the "RedPearl Technology"), including, without limitation, any derivatives, improvements, enhancements or extensions of the RedPearl Technology conceived, reduced to practice or otherwise developed on or on behalf of RedPearl, all of which are valuable assets of RedPearl, and any copyright, patent, trademark, other intellectual property right or federal or state right, pertaining thereto. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

RedPearl and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of RedPearl and/or its suppliers or licensors, and except as provided herein, may not be copied, used or imitated, in whole or in part, without the prior written permission of RedPearl or the applicable trademark holder. In addition, the look and feel of the Site, trademarks and/or trade dress of RedPearl and, accept as provided herein, may not be copied, imitated or used, in whole or in part, without the prior written permission of RedPearl. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by RedPearl.

COPYRIGHT COMPLAINTS
If you believe that your intellectual property rights have been violated by RedPearl or by a third party who has included material on our sites, please send the following information to legal@redpearl.com:

A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
An address, a telephone number, and an email address where RedPearl can contact you and, if different, an email address where the alleged infringing party can contact you;
A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
Your electronic or physical signature.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. We may provide the alleged infringing party with your email address so that that person can respond to your allegations. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

INDEMNIFICATION
You agree to indemnify RedPearl, its officers, directors, employees, agents and affiliates from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of (a) your use of the Site or the Services, (b) Content you choose to Transmit through RedPearl, (c) your breach of any term or condition of these Terms, or (d) your violation, or violations by any third party using your account or username or password, of any rights of another.

RELEASE OF LIABILITY
You hereby release RedPearl, its officers, directors, employees, agents and affiliates from any and all claims, demands, losses, damages, rights, and actions of any kind including, without limitation, personal injuries, death and property damage, that are either directly or indirectly related to or arise from (a) any interactions with other RedPearl users, (b) any incorrect or inaccurate Content posted on or through the Site or Services, whether caused by users or by any of the equipment or programming associated with or utilized in the Site or Services, or (c) conduct of any user of the Site or Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

DISCLAIMERS OF WARRANTIES
THE SITE, THE SERVICES, AND ALL REDPEARL TECHNOLOGY ARE PROVIDED "AS IS" AND AS AVAILABLE. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY REDPEARL EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE SERVICES, AND ALL REDPEARL TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. REDPEARL DOES NOT WARRANT THAT (A) THE SITE, THE SERVICES, OR OTHER REDPEARL TECHNOLOGY WILL MEET YOUR NEEDS, (B) THE SITE, THE SERVICES, OR OTHER REDPEARL TECHNOLOGY WILL BE ERROR-FREE OR ACCESSIBLE AT ALL TIMES, (C) DEFECTS WILL BE CORRECTED, (D) THE SITE, THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (E) THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICES OR THE CONTENT MADE AVAILABLE AS PART OF THE SITE OR SERVICES WILL BE CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE.

RedPearl contains links to third-party websites and resources. Links to such websites or resources do not imply any endorsement of such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You acknowledge and agree that we are not responsible or liable for (a) the content, products, or services on or available from such websites or resources, or (b) the availability or accuracy of such websites or resources. Your interaction with merchants, advertisers, or content providers found on RedPearl, including consumption of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant, advertiser, or content provider. You agree not to hold RedPearl liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or content providers on the Site.

Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you may have additional rights.

LIMITATIONS OF LIABILITY
REDPEARL AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES ARISING FROM YOUR USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF REDPEARL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

APPLICABLE LAW AND VENUE
By visiting RedPearl, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and RedPearl or its affiliates.

MISCELLANEOUS
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide use with accurate information, we cannot be held liable if we fail to notify you.

These Terms do not create any employment, agency, partnership, joint venture, or franchise relationship. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and RedPearl and govern your use of our Sites and Services, and supersede any prior agreements that you may have with us. Any waiver of any provision of these Terms will be effective only if in writing and signed by RedPearl.

QUESTIONS AND COMMENTS
If you have any questions regarding these Terms or your use of the Site or Services, please submit them to us at legal@RedPearl.com