“Content” includes the text, graphics, photos, sounds, music, videos, audiovisual combinations and other materials you may view on, access through, or contribute to Pastiche, LLC.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Pastiche, LLC, you hereby grant Pastiche, LLC a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, make changes to, prepare derivative works of, and display the Content.
You further agree that Content you submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Pastiche, LLC all of the license rights granted herein.
Pastiche, LLC does not endorse any Content submitted by any user or other licensor, and Pastiche, LLC expressly disclaims any and all liability in connection with Content. Pastiche, LLC does not permit copyright infringing activities and infringement of intellectual property rights, and Pastiche, LLC will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Pastiche, LLC reserves the right to remove Content without prior notice.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Pastiche, LLC with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringements should be directed as follows:
Traditional mail should be sent to:
Pastiche Custom Perfume
ATTN: Bill Knees
PO Box 1398
Rancho Santa Fe, CA 92067
LIMITATION OF LIABILITY
In no event shall Pastiche, LLC, its officers, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from 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 our Content (iii) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) 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, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
YOU SPECIFICALLY ACKNOWLEDGE THAT PASTICHE, LLC SHALL NOT BE LIABLE FOR CONTENT OR THE CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.