Terms of Use

TERMS OF USE

Effective October 16, 2018

The Bears Den Gallery, LLC dba The Bear Den (collectively “BEAR DEN”) wants to avoid issues relating to the conduct or use of our business services. This document provides our Terms of Use (“Terms”), which governs your use of all BEAR DEN operated websites, software, apps, and any other BEAR DEN internet connected products; it also applies to in-person, over-the-phone, and online services provided by BEAR DEN (collectively, the “Services”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY. THEY HAVE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS (INCLUDING BINDING ARBITRATION AND CLASS ACTION WAIVER), YOUR AGREEMENT, AND SOLUTIONS TO POTENTIAL PROBLEMS YOU MAY HAVE WITH THE SERVICES. LIMITATIONS AND EXCLUSIONS ARE ALSO LISTED BELOW. These Terms are a binding legal agreement between you and BEAR DEN.

If you have questions, reach out to us using the contact information at the end of this document.

SUMMARY OF THESE TERMS:

  • You can use the Services only if you are 18, and agree to play nice. If you don’t play nice, we can prohibit you from using the Services.
  • We try to make the Services available to you at all times, but things can happen that might cause the Service to become unavailable.
  • The Services and its contents are owned by BEAR DEN and protected by law, but you can view, download, and print what you see on the Services for your personal own use.
  • If you post your own content, you give BEAR DEN the right and license to use it (if you do not agree, just don’t post or share your stuff through the Services).
  • You will indemnify BEAR DEN if there are any claims relating to your use of the Service – for example, if you violate these Terms or engage in prohibited conduct.
  • There are no warranties provided for using the Services and, except as provided by applicable law, our liability is limited.
  • If you have any questions or concerns, please let us know. We’re here to help and would like to work with you directly to resolve any issues or disputes that you may have. If we cannot resolve your dispute, we each agree to resolve it by arbitration.

This summary is provided for your convenience. You should still read the Terms below, because they include all terms and conditions applicable to your use of the Services. 

  1. Who Can Use the Services?

The Services are meant for people 18 and older. By using the Services, you consent to the Privacy Policy and agree to these Terms, and you are confirming that you are at least 18-years-old, haven’t been previously suspended or removed from the Services, and your registration and use of the Services comply with the law.

If you’re acting on behalf of another person or entity, your use of the Services confirms your authority to bind that person or entity to these Terms, and you accept and agree to these Terms on their behalf.

 

  1. What’s Included in the Content & Licenses?

There are different types of content involved in providing and operating the Services. “Content” refers to all text, links, graphics, images, pictures, music, software, audio, video, information, copyrights, trademarks, trade dress, and other materials and intellectual property comprising of, or included in, the Services.

  • BEAR DEN Content: what we make available to you on the Services, including any content licensed to BEAR DEN from a third party (excluding User Content).
  • User Content: what’s posted, uploaded, published, submitted, transmitted, or made available through the Services by a User, including copyrights and other intellectual property rights.
  • Collective Content: all the Content available in the Services, including both BEAR DEN Content and User Content.
  1. Who Owns the Content?

All BEAR DEN Content is owned by BEAR DEN or its third-party licensor partners. Your use of the Services doesn’t give you any rights to use or control the content except the ones specifically given to you by this Agreement. Copying, republishing, redistributing, or creating derivative works based on the content, including by caching, framing, or similar means, without written consent from BEAR DEN is prohibited.

The Services and BEAR DEN Content are protected by copyright, trademark, and other U.S. and foreign laws. Besides what is specifically spelled out in this Agreement, BEAR DEN and its licensors exclusively own all rights, title, and interest in the Services and BEAR DEN Content, including all associated Intellectual Property rights. You can’t remove, alter, or obscure any copyright, trademark, service mark, or other proprietary right notices on the Services and BEAR DEN Content.

You should assume everything you read and see on the Services is copyrighted, protected, and owned by BEAR DEN or a third party. Unless noted, nothing you read or see on the Services, or any of the source code or HTML code that BEAR DEN uses for the Services may be copied in any way without written consent of BEAR DEN or the appropriate Content owner.

No Collective Content may be modified without BEAR DEN’s written consent, with the exception being your own User Content, legally posted on the Services. Besides your own content, you may not upload Collective Content on any inter-, intra- or extranet site or incorporate the information in any other database.

BEAR DEN isn’t the publisher or speaker of User Content, or any other information on the Services provided by third-party content providers. BEAR DEN isn’t liable for any claims related to such information. Any mention in the Services of products or services provided by third parties is for informational purposes only and doesn’t signify an endorsement or recommendation from BEAR DEN.

 

  1. BEAR DEN’S License to You

BEAR DEN is giving you a limited right to view, download, and print the Services and Collective Content. This license is not exclusive to you, and you can’t transfer it or sublicense it to anyone else. In exchange for these limited rights, you agree to not use, copy, change, distribute, license, sell, transfer, broadcast, or exploit in any way, the Services or Collective Content. Using content for any reason not listed in this Agreement as exempt is prohibited and will terminate the Agreement. The license is revocable by BEAR DEN at any time.

BEAR DEN doesn’t approve, control, or endorse any User Content, and has no obligation to do so. We reserve the right to remove or change any User Content on the Services at any time for any reason.

 

  1. Your License to BEAR DEN

The Services allow for our users to post their own content. If you take advantage of this feature and post your own User Content on the Services, under this Agreement you are granting to BEAR DEN an absolute right and license to use or transmit that content any way we wish, without limitation. For instance, we can sell this content or use it for advertising purposes, and you are permanently waiving any right you might otherwise have had to limit our use of any information, image or likeness contained in the User Content you post. We also have the right to remove from the Services or modify any User Content at any time, for any reason.

When you post User Content, we are relying on you to be fully responsible for all the content in your post. This means you are promising to us that each of the following statements are true:

  • You have all the necessary rights to share and to grant to us our unlimited right to use all the User Content you post;
  • Your posting of the User Content and our subsequent use of that User Content doesn’t infringe any third-party’s copyrights, trademarks, other intellectual property rights, publicity or privacy rights, or any other legal rights; and
  • Any person shown in your User Content has consented to your and our use of this content through the Services or otherwise, and if a minor is shown in the User Content, his or her parent or guardian has given this consent.

You also give BEAR DEN the right to identify you as the User Content creator or provider, unless you notify us in writing at the time you submit the content that you wish to stay anonymous.

These promises relate to any User Content you post or provide to any comment areas, expert areas, question and answer or discussion forums, sweepstakes, contests or any other area within the Services.

 

  1. Copyright Policy

BEAR DEN respects the intellectual property of others, and we respond quickly to real claims of copyright and similar infringement. We’ll promptly process and investigate allegations and will take appropriate steps under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. When we get a notice that complies with the DMCA, we may remove or disable access to materials in question and we may also terminate access for Users whom infringe upon any requirement.

 

  1. What if I See Copyright Infringement?

Please write us at the address below, direct your letter to BEAR DEN Legal Services Group, and place in the subject line “BEAR DEN DMCA Notification.” Include the following information in your letter:

  • Description of the alleged infringed work.
  • Detailed description of where we can find the material you claim is infringing.
  • Statement saying you believe the disputed User isn’t authorized by the copyright owner, its agent, or the law.
  • Your address, phone number, and email address.
  • Statement made under penalty of perjury that the information in your notice is accurate and you’re the copyright or intellectual property owner or authorized to act on the owner’s behalf.
  • Complete the letter with your electronic or physical signature.

A DMCA Notification is an important legal document. If you misrepresent that an activity is infringing a copyright, you may be liable for damages, including costs and attorneys’ fees.

 

  1. How do I Dispute Removed/Disabled Content?

If we remove content in response to a DMCA Notification, we may attempt to contact the content provider. If you provided the content, and you want to dispute the claim of infringement, you can send a written counter-notification to the BEAR DEN at info@thebeardengallery.com

You may be held liable for damages if you misrepresent that an activity is not infringing. We recommend getting an attorney’s advice if you’re unsure of whether an infringement has occurred.

 

  1. What’s Considered Intellectual Property?

Along with our licensors and partners, BEAR DEN owns all legal rights in the Services, and all related intellectual property rights. That includes all trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works and any suggestions, ideas, feedback or other information provided by you or any other party relating to the Services, excluding User Content, (collectively “BEAR DEN IP”). You are not allowed to use any BEAR DEN IP for any purpose except to view it with the Services. You have not been granted a license in any BEAR DEN IP by accessing the Services, and BEAR DEN IP may not be used in connection with any product or service in a way that might cause confusion, such as using it as part of third party trademarks, trade dress, or as part of a domain name, email address, account name or handle, or some other digital property.

 

  1. Can I Link and Frame BEAR DEN Services?

BEAR DEN gives you a limited and revocable right to create a hyperlink to the webpages of the Services, so long as the links don’t portray BEAR DEN or its products or Services in a false or offensive way. However, you can’t use any of the BEAR DEN logos, graphics, or trademarks as part of the link without permission. “Framing” or “mirroring” the Services is prohibited without written consent from BEAR DEN.

The Services may have links to other sites or resources. Since BEAR DEN can’t control those sites or resources, under this Agreement, you acknowledge BEAR DEN does not endorse and is not responsible for the availability of those external sites or resources, and isn’t liable in any way, for any damage or loss that may be caused using such content, goods, or services on other sites or resources.

  1. Can my Access to the Services be Changed or Terminated?

Yes. You are free to terminate your BEAR DEN account whenever you like by contacting BEAR DEN directly.

BEAR DEN likewise can terminate the Services or your specific account as it wishes. We may change, suspend, limit or discontinue the Services, and can stop, limit or change your own access to the Services, and we reserve the right to do this for any reason, at any time, with or without giving you notice. We reserve the right to do this without offering you any claimed refund if we believe it’s appropriate.

BEAR DEN also reserves the right to remove or disable access to any Collective Content and suspend or ban your or anyone else’s access to the Services for any reason. To report a violation of the Terms by another User, please contact us at the information at the end of this document. Please know you are responsible for your interactions with other Users and the Services. BEAR DEN has the right, but no obligation, to monitor disputes between you and other Users.

Under this Agreement, you acknowledge we have the right to block, nullify, or deny your access to the Services. You understand we may exercise this right in our sole discretion, and the right is in addition to, not in substitution of, any other rights and remedies available to BEAR DEN. If you continue to use the Services after termination, it’s considered a breach of the terms and a violation of copyright laws. You also acknowledge we may disable access to, refuse to post, modify or remove any part of any information or Content for any, or no, reason at all.

All parts of this Agreement which by their nature should survive termination, shall survive the termination of this Agreement, including, but not limited to, provisions about ownership, warranty disclaimers, indemnity, and limitations of liability.

 

  1. Safely Using BEAR DEN Services

Despite our safety and privacy controls, we can’t guarantee the Services are entirely free of illegal, offensive, pornographic, or other inappropriate material. We also can’t guarantee that you won’t come across inappropriate or illegal conduct from other Users on the Services. Please help us eliminate these elements by notifying BEAR DEN of any unwelcome content by contacting us directly as provided below.

 

 

  1. Export Control

As part of this document, you agree to comply with all U.S. and foreign export laws and regulations to ensure neither the Services, or any related technical data, is exported or re-exported in an illegal way. By using the Services, you represent and warrant that you aren’t in a country subject to a U.S. Government embargo, or which has been designated by the U.S. as a “terrorist supporting country.” You also warrant you are not listed on any U.S. Government list of prohibited or restricted parties.

 

  1. International Use

BEAR DEN controls the Services in the U.S. In no way do we represent that materials contained within the Services are appropriate, or available, for use in other locations, and access to the Services is prohibited from locations where such activity is illegal. Users who decided to access the Services do so on their own initiative and are solely responsible for compliance with the law.

  1. Indemnity

You agree to protect BEAR DEN and its subsidiaries and associates from any liability, damage or cost (including attorneys’ fees and costs) from any claim or demand made by a third party as a result of your access to or use of the Services, including any violation of this Agreement by you or any third party using your BEAR DEN Account, login information, or password.

 

  1. Warranty Disclaimer

You acknowledge that BEAR DEN has no control over, and no duty to take any action regarding: (1) which Users gain access to or use the Services; (2) what effects the content on the Services may have on you; (3) how you may interpret or use the content on the Services; or (4) what actions you may take as a result of having been exposed to the content on the Services.

You release BEAR DEN from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. BEAR DEN makes no representations concerning any content contained in or accessed through the Services, and BEAR DEN will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. BEAR DEN makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. BEAR DEN cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free. BEAR DEN makes no representation or warranty of any kind with respect to use of Services or the use or accuracy of the information on the Services.

USER ACCESSES THESE SERVICES AT HIS OR HER OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY BEAR DEN ARE HEREBY DISCLAIMED. NEITHER BEAR DEN NOR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF BEAR DEN, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL BEAR DEN OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE SERVICES.

 

  1. Limitation of Liability

EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER BEAR DEN NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of BEAR DEN as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

 

  1. Your Conduct and Prohibited Actions

These Terms apply to anyone using the Services, even if they don’t have a registered account. By using the Services, you agree that you will:

  • Comply with all applicable laws and use the Services only for a lawful purposes that are permitted by these Terms.
  • Not use the Services to cause nuisance, annoyance, or inconvenience to anyone; and will not abuse, harass, threaten, impersonate, or intimidate others.
  • Not post, upload, or distribute links to any content considered unlawful, defamatory, libelous, inaccurate, or that you don’t have all necessary rights to transmit, including content BEAR DEN would consider objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
  • Give BEAR DEN proof of ID whenever reasonably asked.
  • Apart from accessing RSS feeds, not use any robot, spider, scraper, or other automated means to access the Services for any reason without our written permission.
  • Not take any action that may impose a large load on our infrastructure.
  • Not interfere with the Services or a User’s enjoyment of them, including, but not limited to: (1) uploading viruses, adware, spyware, worms, or other malicious software or code; (2) making unsolicited advertisements or similar communications directing spam to other Users or third parties, or submitting links directing others to off-topic content or marketing schemes; or (3) trying to collect personal information from Users or third parties without consent.
  • Not interfere with any activities conducted on or through the Services.
  • Not use the Services for any unintended commercial purpose including using any content or component of the Services to advertise or sell any product or item.
  • Not violate, or encourage others to violate, the rights of third parties, by infringing or misappropriating third-party intellectual property or other legal rights.
  • Not interfere with security features of the Services – do not disable or circumvent any features that prevent, or limit use of, copying content or which violate otherwise legally protected software, and do not reverse engineer or extract source code for any part of the Services, except where expressly permitted by law.
  • Not perform any fraudulent activity using, or connected to, the Services – do not impersonate any person or entity, claim false affiliations, access the accounts or passwords of others without permission, or lie about your age or contact information.
  • Not attempt to do, or help someone else in carrying out, any other prohibited activities described in these Terms.

 

  1. Dispute Resolution

If you have any questions or concerns, please feel free to reach out to us. We’re here to help,and would like to work with you directly to resolve any issues or disputes that you may have. If we cannot resolve such dispute, you and BEAR DEN each agree that it will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.

Controlling Law & Jurisdiction: This Agreement, and any action related to it, is governed by the laws of the State of Michigan without regard, to or application, of its conflict of law provisions or your state or country of residence. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any part of the Uniform Computer Information Transactions Act apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

Binding Arbitration and Class Action Waiver: Any dispute related to your use of the Services shall be submitted to confidential arbitration in Michigan, United States, except that to the extent you violate or threatened to violate our intellectual property rights, we may seek appropriate relief in any state or federal court in the State of Michigan. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Michigan. Arbitration under this Agreement shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. These Terms do not allow your class arbitrations even if the procedures or rules of JAMS would. Rather, you and we are only entitled to pursue arbitration on an individual, bilateral basis. BEAR DEN operates the Service from its offices in the State of Michigan.

 

  1. General Terms

Entire Agreement: This Agreement constitutes the agreement between Users of the Services and BEAR DEN regarding Users’ use of, and access, to the Services. Use of the Services is intended for your enjoyment and benefit and the provision of the Services to you constitutes the consideration that you’re entitled to receive for any content or contributions you make.

Waiver & Severability: Our failure to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Any waiver or modification of these terms by BEAR DEN must be in a writing signed by an authorized officer of BEAR DEN and expressly referencing the applicable provisions of the Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.

Transfer & Assignment: This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of BEAR DEN. BEAR DEN may assign this Agreement upon 10 days prior written notice to you. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

 

  1. Changes to these Terms

Our Services are always evolving and may change from time to time without prior notice to you. The most current version of our Terms of Use will govern your use of the Services and will be kept at https://www.Bear Den.com/terms-of-use. Changes are effective when posted. BEAR DEN may also notify you of changes if we believe them to be material to this Agreement. If you continue to use the Services after changes become effective, you agree to be bound by the revised Terms.

 

  1. How to Contact BEAR DEN

If you have any questions, you can email us about this at info@thebeardengallery.com.

You can also reach us at:
The Bear Den Gallery
5046 S W Bay Shore Dr
Unit 1A
Suttons Bay, MI 49682