Terms of Use

User Acceptance

Thank you for visiting www.perkyjerky.com, operated by PEMS Inc. By using and viewing websites operated by PEMS Inc and its affiliates and subsidiaries ("Company"), including the content and functionality available at www.perkyjerky.com ("Website"), you accept: (i) these terms of use ("Terms of Use"), and (ii) the terms of the Privacy Policy, found at the Website and incorporated herein by reference. IF YOU CANNOT OR WILL NOT ABIDE BY THESE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT USE THE WEBSITE.
Company may, in its sole discretion, revise these Terms of Use and related policies at any time by posting such changes on the Website. Your continued use of the Website shall constitute an agreement to be bound by such revisions. It is your responsibility to review from time to time and be familiar with the most up-to-date versions of the Terms of Use and related policies.

Website & "Third-Party" Websites

These Terms of Use apply to all users and visitors of the Website, including users who contribute content, information, and other materials.
The Website may contain links to "third-party" websites that are not owned or operated by Company. Company does not control and, therefore, assumes no responsibility for, the content, policies, or practices of any "third-party" websites. You hereby release Company from any and all liability arising from your use of any third-party websites.
When you exit the Website, be sure to carefully review the terms and conditions and related policies of each "third-party" website that you visit.

Company Accounts & User Registration

In order to upload video/audio content, still photographs, or contribute comments to the Website, you must be at least 14 years of age and create a Company account. You may not use another user's account without prior permission from the registered user. When creating your Company account, you agree to (i) provide true, accurate, correct, and complete information, and (ii) maintain and update such information as your circumstances require. You affirm that you are at least 14 years of age as of the date of your registration with the Website. With the exception of Company exercising its rights provided and reserved herein (including discretionary administrative and editorial rights), you are solely responsible for the activity that occurs on your account. You must keep your account password secure. You agree to notify us immediately of any breach of security or unauthorized use of your Company account or password.
Company is not liable for any losses caused by any unauthorized use of your Company account. You may, however, be liable for the losses of Company and others as a result of such unauthorized use.

Use of the Website

You may access and use the Website only if you agree to the following:
Unless otherwise provided for in these Terms of Use, you will not distribute any part of the Website (regardless of medium or format) without Company's prior written consent.
You will not modify the Website, including but not limited to Company's web tools or any related technologies.
You will not access User Content or Site Content (defined below) through any technology or means other than the video playback pages of the Website itself or other means Company may make available.
You will not use the Website, Site Content, User Content, or any other content, for any commercial use without Company's prior written consent. Prohibited commercial uses include without limitation:

  • sale of access to the Website and related services;
  • use of the Website and related services for the purpose of obtaining advertising or subscription revenue (including the sale of advertising on the Website); and
  • any use of the Website and related services that Company determines, in its sole discretion, to compete with or displace the market for Company or the Website.

If you use the Company web tools, you agree that bug fixes, enhanced functions, new software modules, and completely new versions of the Company web tools may be required from time to time. You agree to receive, download, and install such updates (and permit Company to deliver these to you).
You may not use or launch automated scripts (including "robots," "spiders," "WebCrawler's" or "offline readers") that access the Website in a manner that delivers more messages than a human can produce using an on-line web browser. Subject to Company's right to revoke the following at any time and for any reason or no reason, operators of search engines may use spiders to copy materials from the Website for the purpose of and to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email, etc.) for any commercial purposes.
You agree to abide by all of the Terms of Use and all applicable local, national, and international laws and regulations. Company may, in its sole discretion, cancel or amend any aspect of the Website at any time.
The content available at the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features (including the Company web tools), trademarks, service marks, and logos contained therein, but excluding User Content (collectively "Site Content"), is owned by Company (or licensed by Company to operate the Website) and shall not be altered, modified, compromised, or reverse engineered in any way. Site Content is provided to you "as is" and use of Site Content is restricted solely to personal use and may not be used for any other purpose without Company's prior written consent. Subject to the permitted uses provided herein with respect to Site Content and User Content, Company reserves all right, title, and interest in and to the Site Content.
Your access to (including use and sharing of) User Content is limited to personal use. User Content may not be copied, shared, or downloaded unless a "download" or similar link displayed on the Website for that User Content is available.
User Comments (defined below) are for your personal use only and may not be used in any manner inconsistent with the permitted use of the Website or otherwise as prohibited under these Terms of Use.
You will not disable or otherwise interfere with security-related features of the Website, including features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Website or the Site Content therein.
You agree that Company is not responsible for User Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify defend and hold Company, its subsidiaries and affiliates, and each of their officers, directors, employees, contractors, partners, agents, and attorneys harmless to the fullest extent allowed by law regarding all matters related to your use of and visit(s) to the Website.

Your User Content and Conduct

As a Company account holder you may submit content to the Website, including pre-recorded video/audio, video/audio recorded directly onto the Website or still photographs (collectively "User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Content".
You affirm that you are the sole owner of and have all right, title, and interest in your User Content.
Company does not claim ownership of your User Content (including feedback, suggestions, posts, or uploads). However, by posting, uploading, or submitting User Content to the Website, you are granting Company, its partners, vendors, production companies, programming and content distributors, affiliates, assigns, subsidiaries, licenses, and successors a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Website and Company's business, including without limitation for promoting and redistributing part or all of the User Content (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Website and under these Terms of Use. The removal of User Content by you or Company shall not in any way deplete or diminish Company's license rights granted herein and the above licenses granted by you in your User Content shall survive termination of these Terms of Use and your use of the Website.
Company does not endorse any User Content and Company disclaims all liability in connection with your User Content. Company does not allow the infringement of intellectual property rights on the Website and Company will promptly remove all or disable access to User Content if properly notified that such User Content infringes or allegedly infringes on another's intellectual property rights. For the avoidance of any doubt, Company reserves the right to remove User Content without prior notice at anytime and for any reason or no reason.

Account Termination Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Company will terminate your access to the Website, including closing your Company account, if Company determines, in its sole discretion that you are an infringer of another party's intellectual property rights.
Company has the right (but not the obligation) to do one or all of the following, at its discretion, (i) monitor User Content, (ii) alter, remove, or refuse to post or allow to be posted or stored any User Content, (iii) monitor and/or filter any of your communications through the Website (including by means of blocking or replacing language that may be deemed harmful or offensive), and (iv) disclose any User Content or any communication through the Website, and the circumstances surrounding the transmission thereof, to any "third-party" in order to: (a) operate the Website, (b) protect Company and its employees, officers, directors, shareholders, agents, representatives, and attorneys, and the Website users and visitors, (c) comply with legal obligations or government requests, and (d) enforce these Terms of Use.

Digital Millennium Copyright Act

If you are a copyright owner and believe that any User Content or other content found on the Website infringes upon your copyright(s), you (or your agent) may send Company notice pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") requesting that Company remove the material or restrict access to it.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice to Company. If you wish to send a notice or counter-notice to Company, please visit http://copyright.gov/ for details.
All notices, counter-notices, and complaints should be sent to the Company at the following address:

PEMS Inc
Attn: DMCA Complaints
7400 E Crestline Circle
Greenwood Village, CO 80111
E-Mail: info@perkyjerky.com

Warranty Disclaimer

USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SITE CONTENT OR THE CONTENT LIMITED TO THE WEBSITE IS ACCURATE OR COMPLETE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A "THIRD-PARTY" THROUGH ANY HYPERLINKED WEBSITE AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY.

Limitation of Liability

IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AGENTS, AND ATTORNEYS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) USE OF THE WEBSITE, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY "THIRD-PARTY", AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY "THIRD-PARTY" AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Website is appropriate or available for use in other locations and you are responsible for compliance with local law.

Indemnity

You agree to indemnify, defend and hold PEMS LLC, its subsidiaries and affiliates, and each of their officers, directors, employees, contractors, partners, agents, and attorneys harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or in connection with (i) your use of and access to the Website, (ii) your violation of any term of these Terms of Use, (iii) your violation of any "third-party" right, or (iv) any claim that your User Content caused damage to a "third-party". Your defense and indemnification obligation will survive these Terms of Use and your use of the Website.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

General

You agree that (i) the Website shall be deemed solely based in Colorado and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Colorado. These Terms of Use shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Denver County, Colorado. These Terms of Use, together with Company's Privacy Policy and any other legal notices published by Company on the Website, shall constitute the entire agreement between you and Company concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.