Terms of Use

The following terms of use (the “Terms of Use”) govern your access to and use of our website located at can-us.org and any other websites, mobile, sites, mobile applications and other online services (collectively, “Sites” or “Web Sites”).  The Sites are made available by Pelush LLC (“Company” or “we” or “us”).  We may change these Terms of Use from time to time, by posting such changes on the Sites.  BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR ACCESS TO AND USE OF THE SITES.  If you do not agree to these Terms of Use, you should not visit or use the Sites.

You affirm that you are fully able and capable to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use.  You also affirm that you have full authority to bind your company or organization to the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use.

1. Proprietary Rights. As between you and Company, and except for your Submitted Materials (as defined in Section 6 below), Company owns, solely and exclusively, all rights, title and interest in and to the Sites, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Sites, and the compilation of the content, code, data and materials on the Sites, including but not limited to any copyrights, trademark rights, patent rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.  Your use of the Sites does not grant to you ownership of any content, code, data or materials you may access on the Sites.

2. Limited License. You may access and view the content on the Sites on your computer or other internet compatible device, and make single copies or prints of the content on the Sites for your personal and non-commercial use only.

3. Prohibited Use. Any commercial distribution, publishing or exploitation of the Sites, or of any content, code, data or materials on the Sites, is strictly prohibited unless you have received the express prior permission of Company or the applicable rights holder.  You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Sites.  If you make other use of the Sites, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries as well as applicable state laws and may be subject to liability for such unauthorized use.  Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

4. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Sites or on content available through the Web Sites are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner.  Nothing contained on the Web Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Sites without our written permission or that of the applicable rights holder.

5. User Information. In the course of your use of the Sites, you may be asked to provide certain personalized information to us.  Our information collection and use policies with respect to the privacy of such information are set forth in the Sites’ Privacy Policy [Note: This should be a link to the applicable Privacy Policy.], which is incorporated herein by reference for all purposes.  You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

6. Submitted Materials. Any and all information, reviews, comments, creative works, demos, ideas, photographs, suggestions, concepts, depictions, methods, stems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our Sites or the message boards, forums, chat rooms, or that which you send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Sites’ Privacy Policy [Note: This should be a link to the applicable Privacy Policy.].

By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you and that no other party has any rights thereto, or that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Sites, and that any “moral rights” in the Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it into other works in any form, media, or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

7. Prohibited User Conduct. You warrant and agree that, while accessing or using the Web Sites, you shall not:

• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Sites or Company;
• insert your own or a third party’s advertising, branding or other promotional content into any of the Sites’ content, materials or services;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Sites through any means, including through means not intentionally made publicly available or provided for through the Sites;
• engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users’ other information from or through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
• use the Sites or their features and services in any manner that could interrupt, damage, disable, overburden or impair the Sites or interfere with any other party’s use and enjoyment of the Sites, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
• engage in unsolicited promotions, political campaigning, advertising or solicitations;
• use the Sites or their services in violation of Company’s or any third party’s intellectual property or other proprietary or legal rights;
• use the Sites or their services in violation of any applicable law; or
• attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sites or its services.

You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Sites.

8. Public Forums. The Sites may include messaging services, chat services, bulletin boards, message boards, blogs, comments sections and other similar forums and services.  In addition to any other rules or regulations that we may post in connection with a particular feature or service, you agree not to:

• upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any private information of any third party, including without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any content which violates the terms of any Company guidelines, policies, or rules posted on the Sites or otherwise provided to you;
• upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose the Company or its users to any harm or liability of any type;
• violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; or
• upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind.

It is important to remember that content submitted to a public forum or similar feature on the Sites may be recorded and stored in multiple places, both on our Sites and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. You should therefore be careful and selective about the information that you disclose about yourself and others in your comments to our public forums or other submissions to our Sites, and in particular, you should not disclose any sensitive, proprietary or confidential information.

9. Right to Monitor and Editorial Control. Company reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Web Sites or through the Web Sites’ services or features by users (including by individuals and entities), and Company is not responsible for any such materials.  However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company’s sole discretion are objectionable or in violation of these Terms of Use, Company’s policies or applicable law.

10. Linking to the Web Sites. You agree that if you include a link from any other web site to the Web Sites, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Sites.  You are not permitted to link directly to any image hosted on the Web Sites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.  You agree not to download or use images hosted on the Web Sites on another web site, for any purpose, including, without limitation, posting such images on another site.  You agree not to link from any other web site to the Web Sites in any manner such that the Web Sites, or any page of the Web Sites, is “framed,” surrounded or obfuscated by any third party content, materials or branding.  We reserve all of our rights under the law to insist that any link to the Web Sites be discontinued, and to revoke your right to link to the Web Sites form any other web site at any time upon written notice to you.

11. Indemnification. You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from (i) your access to or use of the Sites, (ii) your placement, submission or transmission of any message, content, information, software or other materials on, to or through the Sites, or (iii) your breach or violation of the law or of these Terms of Use. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with any such defense.

12. Orders for Products and Services. Product orders are governed by our Sales and Returns Policy [Note: This should be a link to your Sales and Returns Policy.] You may only order products if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older.  You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with you online order or by other payment means acceptable to Company.  You agree to pay all applicable taxes.  If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.  Certain products that you purchase and/or download on or through the Web Sites may be subject to additional terms and conditions presented to you at the time of such purchase or download.

13. Third Party Web Sites. You may be able to link from the Web Sites to third party web sites and third party web sites may link to the Web Sites (“Linked Sites”).  You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided on Linked Sites.  Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented thereon.  Any reliance on a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

14. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Sites do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Company’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent:

Anna Tagliabue

128 East 70^th Street, #5A

New York, NY  10021

(917) 972-8350

copyright@pelush.com

15. Registration and Account Security. We may offer you the opportunity to create a user account on our Web Sites. In that event, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites; (b) maintain password and identification security; (c) maintain and promptly update such data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to such and any other information you provide to the Company.

16. DISCLAIMER OF WARRANTIES. THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.  WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING.  COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT OR INFORMATION CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES.

17. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

18. Applicable Laws. We control and operate the Sites from our offices in the United States of America. We do not represent that materials on the Sites are appropriate or available for use in other locations.  Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  All parties to these Terms of Use waive their respective rights to a trial by jury.

19. Termination. Company has the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Sites or the Sites’ services, or your access to or use thereof, at any time, if we believe you are in breach of these Terms of Use, Company’s policies or applicable law, or for any other reason without notice or liability. Company maintains a policy that provides for the termination in appropriate circumstances of the Web Sites use privileges of users who are repeat infringers of intellectual property rights.

20. Changes to Terms of Use. Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time.  Changes in this Terms of Use will be effective when posted.  Your continued use of the Sites and/or the services offered on or through the Sites after any changes to this Terms of Use are posted will be considered acceptance of those changes.

21. Miscellaneous.  The Terms of Use and the relationship between you and us shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions.  You agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York.  You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Last Updated: 4/4/2016