Terms & Conditions

1. Introduction

Welcome to BearCity Limits, LLC! Please read these Terms and Conditions ("Terms") carefully as they contain the legal terms and conditions that you ("you") agree to when you access and use this website (the "Website"), and/or donate funds to BearCity Limits, LLC. By submitting your dontaion you acknowledge these Terms constitute a binding agreement between you and BearCity Limits, LLC.

2. Uploading

Before uploading a photo to our site, carefully read the following terms and conditions of use. Uploading any photo through this website constitutes your acceptance of the terms and conditions of use outlined herein.

3. Content Restrictions

You agree not to use the website or service:

A. To upload or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable;
B. To upload or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
C. To upload or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
D. To upload or otherwise transmit any material which is likely to cause harm to any BearCity Limits, LLC service or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to any BearCity Limits, LLC service or which may cause any defect, error, malfunction or corruption to the service; and

You agree that if BearCity Limits, LLC, in its sole discretion, determines that any material you upload may not meet these content requirements, BearCity Limits, LLC may reject your donation without explanation.

In addition, in the event you violate these Content Restrictions and you intentionally publicize such violation, you acknowledge that BearCity Limits, LLC will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.

4. Company Discretion

You agree that BearCity Limits, LLC may at any time:

A. Refuse to accept your dontation; or
B. Refuse to complete the donation process, or any part of any dontation process and delete any content stored on our servers if, in BearCity Limits, LLC's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires BearCity Limits, LLC to do so.

5. Copyright

You are responsible for all of the images you upload to our site. You must have the legal right to copy and display each image that you upload, share or print. You should assume that all text, graphics and images that you find on the World Wide Web are subject to a copyright. In general, it is a violation of federal law to copy text, graphics or images that are subject to a copyright and use the copyrighted material on custom products created using this service without the consent of the owner of the copyright. Before copying any text, graphics or images, you must confirm that it is in the public domain and not subject to a copyright or obtain the consent of the owner of the copyright to use the material. You authorize BearCity Limits, LLC to cooperate with copyright owners who claim that you have infringed or may infringe their intellectual property rights. This cooperation includes, but is not limited to taking the following action without notice: disclosing your material and any other information you have disclosed to us to the copyright owner or its agent and destroying all alleged infringing material. BearCity Limits, LLC may also suspend or terminate the account of a customer who appears to be infringing Intellectual Property, and may take further appropriate action.

6. Ownership

For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby irrevocably grant to BearCity Limits, LLC and Company perpetually, exclusively, and for all media throughout the world (including print, theatrical, home video, CD-ROM, Internet and any other medium presently in existence or invented in the future), the right to use and incorporate (alone or together with other materials), in whole or in part, photographs, motion picture, or video footage and/or sound recordings taken of you as a result of your participation in the motion picture, BearCity (“Materials”).   You hereby agree that you will not bring or consent to others bringing claim or action against BearCity Limits, LLC, Inc. or the Company on the grounds that anything contained in the Materials, or in the advertising, publicity, or other uses in connection therewith, is defamatory, reflects adversely on you, violates any other right whatsoever, including, without limitation, rights of privacy.   You hereby release BearCity Limits, LLC, the Company, and their directors, officers, successors and assigns, and all other parties to whom the Materials may be provided or sold, from and against any and all claims, demands, actions, causes of action, suits, costs, expenses, liabilities, and damages whatsoever that you may hereafter have against BearCity Limits, LLC or Company   or such other parties in connection with the Materials or the use thereof.   This agreement shall not obligate BearCity Limits, LLC or Company to use the Materials or to use any of the rights granted hereunder, or to prepare, produce, exhibit, distribute or exploit the Materials.   BearCity Limits, LLC and Company, and any other party pursuant to which rights hereunder are assigned, shall have the right to assign their rights hereunder, without your consent, in whole or in part, to any person or entity.  

7. Compliance with Law

You agree that you will use the Website at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.

8. Indemnity

You agree to indemnify and hold BearCity Limits, LLC and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of your use of the Website, your content and/or images, your default under any provision in these Terms, your violation of any laws and your violation of any rights of another person.

9. Third Party Links

This Website may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns.

10. Disclaimer of Warranties

THE PRODUCTS, SERVICES, WEBSITE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH BEARCITY LIMITS, LLC ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEARCITY LIMITS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BEARCITY LIMITS, LLC MAKES NO WARRANTY THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEARCITY LIMITS, LLC MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THIS WEBSITE OR ADVERTISED THROUGH THIS WEBSITE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BEARCITY LIMITS, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BEARCITY LIMITS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES, FROM ANY CHANGES TO THIS WEBSITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Amendment of the Terms

We reserve the right to amend these Terms from time to time at BearCity Limits, LLC's sole and absolute discretion. If you continue to use the Website and the services offered therein after any such changes, you will be deemed to have accepted those changes.

13. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the jurisdiction and venue of the state and federal courts located in New York, New York.

14. General Information.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. We may assign our rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

Thanks again from the,

BearCity Team