LUCKY PUP ADVENTURES, LLC
D/B/A MEMORY FLAME CANDLE COMPANY
INTELLECTUAL PROPERTY POLICY AS OF FEBRUARY 10TH, 2021
Lucky Pup Adventures, LLC d/b/a Memory Flame Candle Company (referred to as “us”, “we”, or “Memory Flame Candle Company”) provides the website memoryflame.co, any Facebook page or group and various related services (together referred to as “Sites”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Intellectual Property Policy” or “Policy”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on our Sites, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in this Intellectual Property Policy. All such guidelines or rules are hereby incorporated by reference into these Intellectual Property Policy.
BY USING ANY SITES, YOU INDICATE THAT YOU ACCEPT THE POLICY AND THAT YOU AGREE TO ABIDE BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE.
1. ACCESSING OUR SITES
You are responsible for making all arrangements necessary for you to have access to the Sites. We reserve the right to withdraw or amend any of our Sites, and any service or material that we provide on the Sites, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of one of our Sites is unavailable at any time or for any period.
2. INTELLECTUAL PROPERTY RIGHTS
(a) Our Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Memory Flame Candle Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use our Sites for your non-commercial use only. No right, title or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted, are reserved by Memory Flame Candle Company.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Sites, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.
(c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites; or (iii) access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.
(d) The Memory Flame Candle Company name, logo, and all related names, logos, product and service names, designs and slogans, are trademarks of Memory Flame Candle Company or its affiliates or licensors. You may not use such marks without the our prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.
3. YOUR OBLIGATIONS AND REPRESENTATIONS
(a) You may use the Sites only for lawful purposes and in accordance with this Policy.
(b) You promise that: (i) you are of legal age to form a binding contract with Memory Flame Candle Company; (ii) you will not use the Sites in any way that violates any applicable local or international law or regulation; (iii) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with the ‘Content Standards’ (defined below); (iv) you will not impersonate or attempt to impersonate Memory Flame Candle Company, a Memory Flame Candle Company employee, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair any of our Sites or interfere with any person’s use of the Sites; (vi) you will not use any robot, spider or other automatic device, process or means to access the Sites for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and (viii) you will not co-brand or frame the Sites or hyper-link to it without the express prior written permission of an authorized representative of Memory Flame Candle Company.
4. USER CONTRIBUTIONS
(a) We may from time-to-time provide interactive services such as ‘share’ features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through our Sites. All User Contributions must comply with the Content Standards set out in this Policy.
(b) Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Contribution, you grant Memory Flame Candle Company and its successors the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against the Memory Flame Candle Company for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
(c) If you provide a User Contribution to be transmitted to other users of the Sites or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of our Sites or any third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
(d) User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Memory Flame Candle Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of our Sites.
5. CONTENT STANDARDS
These content standards apply to all User Contributions and use of Interactive Services, if offered. User Contributions must in their entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
– Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
– Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
– Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party
– Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws
– Promote any illegal activity, or advocate, promote or assist any unlawful act
– Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person
– Impersonate any person, or misrepresent your identity or affiliation with any person or organization
– Involve commercial activities or sales
– Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity
6. MONITORING AND ENFORCEMENT; TERMINATION
We have the right, but not the obligation, to review, screen or edit any User Contribution. You accept that such contributions do not reflect the views of Memory Flame Candle Company and are not endorsed by Memory Flame Candle Company.
We have the right to: (a) take any action with respect to User Contributions that we deem necessary or appropriate; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Sites; (c) terminate or suspend your access to all or part of our Sites.
Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Sites. We do not undertake to review material before it is posted on our Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from any of our Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
– Your physical or electronic signature.
– Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our Sites, a representative list of such works.
– Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
– Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
– A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
– A statement that the information in the written notice is accurate.
– A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is: Lucky Pup Adventures, LLC, ATTN: Copyright Agent, Nichols & Rabuck, P.C., 427 N. Minnesota Ave., Ste 101, Sioux Falls, SD 57104. Email: email@example.com with a copy to firstname.lastname@example.org. Fax: 605-332-3692
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on our Sites is infringing your copyright, you may be held liable for damages (including costs and legal fees).
COUNTER-NOTIFICATION PROCEDURES. If you believe that material you posted on the our Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified above). The Counter-Notice must include substantially the following:
– Your physical or electronic signature
– An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled
– Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address)
– A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
– A statement that you will consent to local Federal District Court jurisdiction, or if overseas, to an appropriate judicial body
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
8. RELIANCE ON INFORMATION POSTED
The information presented on or through our Sites is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Our sites include content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.
10. SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS
11. LINKS FROM OUR SITES
If our Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
12. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. Our Sites may provide certain social media features that enable you to:
– Link from your own or certain third-party websites to certain content on our Sites
– Send e-mails or other communications with certain content or links to specific content on our Sites
– Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
– Establish a link from any website that is not owned by you
– Cause our Sites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site
– Otherwise take any action with respect to the materials on our Sites that is inconsistent with any other provision of this Policy
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Policy. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
13. NO PROMISES
YOUR USE OF OUR SITES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. OUR SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE MEMORY FLAME CANDLE COMPANY NOR ANY PERSON ASSOCIATED WITH MEMORY FLAME CANDLE COMPANY MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MEMORY FLAME CANDLE COMPANY NOR ANYONE ASSOCIATED WITH MEMORY FLAME CANDLE COMPANY PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MEMORY FLAME CANDLE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEMORY FLAME CANDLE COMPANY, ITS LICENSORS, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE OUR SITES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR SITES. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF OUR SITES BY YOU.
We reserve the right, in our sole discretion, to change the terms of this Policy at any time. Any changes are effective immediately upon posting to our Sites. Your continued use of our Sites constitutes your agreement to all such terms and conditions.
16. EQUITABLE RELIEF
You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause Memory Flame Candle Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Memory Flame Candle Company may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Memory Flame Candle Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Memory Flame Candle Company may be entitled at law or in equity.
17. GOVERNING LAW AND VENUE
This Policy shall be construed and governed by the laws of the State of South Dakota, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts for the State of South Dakota, County of Minnehaha, and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens. If you are an “Explorer” website member in a member country of the European Economic Area (EEA) or European Union (EU)), this Policy and the relationship between you and us shall be governed by the laws of the EU/EEA member state in which you are domiciled.
If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.
19. WAIVER AND AMENDMENT
If Memory Flame Candle Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if Memory Flame Candle Company fails to exercise any of the rights or remedies to which it is entitled under this Policy, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by Memory Flame Candle Company of any default will constitute a waiver of any subsequent default, and no waiver by Memory Flame Candle Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
20. NOTICE OF OUR RIGHT TO USE YOUR SHARED CONTENT
It is our intention to provide the following notice of our rights to share content you share on our Sites, including but not limited to posts on our Facebook page or other social media pages:
– If we like what you post, we may like, share, promote, or save your post!
Our failure to conspicuously display our notice on any of our Sites is not in any way to be construed as a waiver of our right to use information you share with us in the manner described above or in this Intellectual Property Policy.