Terms and Conditions

Acceptance of Terms

You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Pearly Arts may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
Pearly Arts may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of PearlyArts.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

Intellectual Property; Limited License to Users

Subject to your compliance with these Terms of Use, any applicable license agreement with Pearly Arts, and the law, you may access and use the Site. Pearly Arts remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Pearly Arts may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Pearly Arts’ sole discretion. Pearly Arts provides the Site on an “as is” and “as available” basis.
All content on this Site, including but not limited to Clip art, Images, Footage, and related metadata (collectively the “Pearly Arts Content”), as well as the selection and arrangement of the Pearly Arts Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Pearly Arts Content violates such laws and this Terms of Use. Except as expressly provided herein on the License Page or in a separate license agreement between you and Pearly Arts, Pearly Arts does not grant any express or implied permission to use the Site or any Pearly Arts Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Pearly Arts Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Pearly Arts Content.
Unless you enter into a license agreement with Pearly Arts you may not download, distribute, display and/or copy any Pearly Arts Content.
You may not remove any watermarks or copyright notices contained in the Pearly Arts Content.

Pearly Arts’ Trademarks

For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Pearly Arts.
Nothing contained herein grants or shall be construed to grant you any rights to use any Pearly Arts Trademark, unless expressly conferred by these Terms of Use.
You agree that you will not use Pearly Arts’ Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Pearly Arts.
You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Pearly Arts Trademarks or the Trademark rights claimed by Pearly Arts.
You agree that you will not use any Pearly Arts Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
You may not at any time, adopt or use, without Pearly Arts’ prior written consent any word or mark which is similar to or likely to be confused with Pearly Arts’ Trademarks.
The look and feel of the Pearly Arts website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Pearly Arts and may not be copied, imitated or used, in whole or in part, without the prior written consent of Pearly Arts.
All other trademarks, product names, and company names or logos used or appearing on the Pearly Arts website 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 Pearly Arts, unless expressly so stated.
You may not use a Pearly Arts trademark, logo, Image or other proprietary graphic of Pearly Arts to link to the Pearly Arts website without the prior written consent of Pearly Arts.
You may not frame or hotlink to the Pearly Arts website or any Image without the prior written consent of Pearly Arts.

Limitations

You agree that you shall not:

Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Pearly Arts or any third party.
Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
Violate the rights of Pearly Arts or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

Restriction and Termination of Use

Pearly Arts may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Pearly Arts Content at any time in Pearly Arts’ discretion, without prior notice or liability to you.
Any conduct by you that, in Pearly Arts’ sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

Links to Third Party Sites

In the event that the Site is available through any third-party platform, or if Pearly Arts provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Pearly Arts makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Pearly Arts, and Pearly Arts provides and/or permits these links only as a convenience to you. The inclusion or exclusion of any link does not imply affiliation, endorsement, or adoption by Pearly Arts.

Warranties and Disclaimers

Your use of the Site is at your own risk.
The Site is provided by Pearly Arts under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. Pearly Arts expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
Without limiting the foregoing, Pearly Arts makes no warranty that:
- the Site will meet your requirements;
- access to the Site will be uninterrupted;
- the Clip art, Images and Intellectual Property available for download is free or error;
- the quality of the Site will meet your expectations; and
- any errors or defects in the site, services or materials will be corrected.
Pearly Arts makes no representations or warranties that the Site will be permitted in your jurisdiction, that the Site will meet your needs, or that Pearly Arts will continue to support any particular feature of the Site.
To the extent that Pearly Arts allows third party feedback on the Site, Pearly Arts makes representations or warranties the accuracy and validity of such feedback and we do not endorse the feedback and/or users of such feedback. Pearly Arts is not responsible for the statements of third parties.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

Indemnification

You agree to defend, indemnify and hold harmless Pearly Arts, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Pearly Arts Content, or your violation of any rights of another.

COPYRIGHT

Please visit our License Page for more information.

PRIVACY POLICY

Please visit our Privacy Policies page.

GOVERNING LAW

These terms and conditions are governed by the laws of the United States of America and the laws of the State of New Jersey.

These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.