Terms & Conditions

By accessing or using the BerryGood Media website (www.berrygoodmedia.org) and any affiliated websites, applications, software, and tools, you agree to be bound by these Terms & Conditions. This constitutes a legally binding agreement between you and Berry Good Media LLC.

If you do not agree with any part of these terms, you may not access the website or use our services. You can reach us at [email protected] for any questions regarding these terms.

Access to our website and services requires acceptance of these terms and compliance with our Privacy Policy.

Minors (Under 18): Users under the age of 18 must obtain parental or guardian permission before using our services.

Children (Under 13, US Only): Children under thirteen years of age require verifiable parental consent to use the website, in accordance with the Children's Online Privacy Protection Act (15 U.S. Code § 6502).

The company does not warrant that content is suitable for any particular visitor. Users assume full responsibility for legal compliance within their jurisdiction.

• Systematically retrieve data to create collections or databases without written permission
• Trick, defraud, or mislead other users or attempt to obtain sensitive account information
• Circumvent security features or interfere with content protection mechanisms
• Disparage, tarnish, or otherwise harm the company, website, or mobile app
• Use obtained information to harass, abuse, or harm individuals
• Misuse customer support services or submit false abuse reports
• Use the website unlawfully or contrary to its intended purpose
• Engage in spamming or refer to other websites for commercial purposes
• Upload viruses, trojans, or other disruptive materials
• Attempt unauthorized automated access using scripts, bots, or data-mining tools
• Remove copyrights, trademarks, or disclaimers from content
• Impersonate other users or individuals
• Upload spyware, passive collection mechanisms, or unauthorized data transmission devices
• Interfere with or disrupt website operations or connected networks
• Harass, threaten, or intimidate users, employees, or company affiliates
• Disable or circumvent access restrictions implemented by the website
• Decipher, decompile, disassemble, or reverse engineer any website software
• Use automated systems, spiders, robots, scrapers, or offline readers
• Collect usernames, emails, or personal data for unsolicited communications
• Compete with the company using website content, data, or trademarks
• Sell user profiles or accounts

Berry Good Media respects intellectual property rights and responds to valid infringement claims. False claims may result in liability for damages and attorney fees.

Copyright owners may submit DMCA notices that include:

• Electronic or physical signature of the copyright owner or authorized representative
• Description of the copyrighted work with URLs or copies
• Contact details including name, address, phone, and email
• Statement confirming unauthorized infringement and good faith removal request
• Statement under penalty of perjury affirming accuracy of the claim

The company will remove copyrighted content upon receipt of a proper notification.

All source code, databases, software, graphics, media, content, trademarks, logos, and copyrights are the proprietary property of Berry Good Media and are protected by applicable law.

Users may not copy, reproduce, republish, upload, display, encode, translate, transmit, distribute, sell, or license any intellectual property without our express prior written permission.

• Provide accurate and complete information when you contact us or submit inquiries
• Possess legal capacity to understand and comply with this agreement
• Confirm you are not a minor in your jurisdiction (or have parental consent)
• Access the website only through traditional methods, not bots or scripts
• Use the website lawfully and in an authorized manner

The company may refuse or terminate access if information you provide is found to be inaccurate, outdated, or incomplete.

Any submissions including questions, comments, suggestions, and feedback become the exclusive property of Berry Good Media along with all associated intellectual property rights. Users waive any rights to such submissions and acknowledge their transfer to the company.

When creating or posting content (text, writings, video, audio, photos, graphics, comments, suggestions, or other material), users warrant that:

• Content creation does not infringe proprietary rights or copyrights
• You own the content or possess necessary licenses and rights
• You have written consent from identifiable individuals featured in content
• Content is truthful and not misleading
• Content is not unsolicited advertising, spam, or solicitation
• Content is not obscene, violent, harassing, libelous, or slanderous
• Content does not ridicule, mock, or disparage users or the company
• Content complies with all applicable laws
• Content respects privacy and publicity rights of third parties

By posting content, you grant Berry Good Media the right and license to use, modify, publicly perform, display, reproduce, and distribute such content. You retain your rights but understand the company may share content with third parties and the public.

Berry Good Media assumes no responsibility for third-party websites, services, content, policies, or practices. Users accessing third-party sites through our platform agree to hold us harmless and free of liability for any action that may occur as a result.

• Monitor the website and services for agreement violations
• Take appropriate actions against violating users, including legal action
• Refuse, restrict, limit, disable, or remove files and content causing system burdens
• Otherwise manage the website to protect company rights and optimize performance

Berry Good Media may terminate or restrict your access to the website for any reason and at our sole discretion, with or without prior notice. Upon termination, access ceases immediately.

You may stop using the website at any time by discontinuing access.

The laws of the company's jurisdiction govern this agreement and all website use. Users' access may also be subject to applicable local, state, national, and international laws and regulations.

Users must first attempt formal dispute resolution by contacting Berry Good Media directly.

Mediation: If the dispute remains unresolved, it will proceed to a 30-day mediation period requiring at least 10 hours of commitment from each party under United States Arbitration & Mediation procedures. Costs are split equally between parties.

Arbitration: If mediation fails, the dispute will proceed to binding arbitration in the governing law jurisdiction. The company may bring proceedings in courts where either the user or company resides.

The website and services are provided on an "as-is," "where is," and "as available" basis, including faults and defects without warranty of any kind. Berry Good Media expressly disclaims all warranties including merchantability, fitness for a particular purpose, title, and non-infringement.

The company provides no warranty regarding website operation, availability, information accuracy, uninterrupted or bug-free service, information reliability or currency, or freedom from viruses, malware, trojans, or harmful code.

Some jurisdictions prohibit certain warranty exclusions. These exclusions apply to the maximum extent permitted under applicable law.

Users agree to defend, indemnify, and hold Berry Good Media harmless from all losses, claims, and damages arising from:

• Company content or use thereof
• Website or service use, or inability to use the services
• Breaches of this agreement or any warranty
• Violations of third-party rights including intellectual property
• Harmful acts toward other users of the website or services

The company may assume exclusive defense and control of any matter subject to indemnification at the user's expense. Users must cooperate fully with the defense. The company will use reasonable efforts to notify users of applicable claims.

All notices to Berry Good Media should be sent to [email protected]. Notices to users will be sent to the email address you have provided to us. Legal mail notices should use the mailing address referenced in Section 1 of these terms.

Users consent that electronic communications, emails, forms, signatures, and records satisfy all legal writing requirements. Electronic means are considered equivalent to their physical counterparts. Users waive any rights requiring original signatures or physical records to the extent permitted by law.

If you are a California resident with an unresolved complaint, you may contact the Division of Consumer Services of the California Department of Consumer Affairs:

Mail: 1625 North Market Blvd, Suite N 112, Sacramento, California 95834

Phone: (800) 952-5210 or (916) 445-1254

For United States federal government users, the website and services constitute "commercial items" as defined under 48 C.F.R. § 2.101, and all applicable federal acquisition regulations apply.

EU residents receive specific protections regarding personal information collection and processing. Berry Good Media's Privacy Policy is designed to comply with applicable EU data protection regulations.

This agreement constitutes the entire understanding between users and Berry Good Media. Failure to enforce any provision does not waive the company's right to enforce it in the future.

The agreement operates to the maximum extent permissible under applicable law. Berry Good Media may assign its obligations to other parties at its discretion. The company is not liable for losses arising from events beyond its reasonable control.

If any provision is found to be unlawful or unenforceable, that provision is severable and does not affect the remaining terms. This agreement does not create any partnership, employment, or agency relationship between users and the company.

In the event of any dispute regarding interpretation, the English language text shall prevail over any translations.