The PetZooz’s User Agreement, Last Updated on Jaunuary 3, 2015
- Use of the Services and The PetZooz Properties.The Software, the Website, the Services, and the information and content available on the Website and the Services (as these terms are defined below) (collectively, the “The PetZooz Properties”) are protected by copyright laws throughout the world. Subject to the Terms, The PetZooz grants you a limited license to reproduce portions of The PetZooz Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by The PetZooz in a separate license, your right to use any The PetZooz Properties is subject to the Terms.
1.1 The PetZooz Software. Use of any software and associated documentation, other than the Application, that is made available via the Website or the Services (“Software”) is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accompanying the Software. These license terms may be posted with the Software downloads or at the Website page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will The PetZooz provide you with any tangible copy of our Software. The PetZooz shall deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation. For the purposes of this section tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. If no license agreement accompanies use of the Software, use of the Software will be governed by the Terms. Subject to your compliance with the Terms, The PetZooz grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Terms. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
1.2 Updates. You understand that The PetZooz Properties are evolving. As a result, The PetZooz may require you to accept updates to The PetZooz Properties that you have installed on your computer or mobile device. You acknowledge and agree that The PetZooz may update The PetZooz Properties with or without notifying you. You may need to update third-party software from time to time in order to use The PetZooz Properties.
1.3 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit The PetZooz Properties or any portion of The PetZooz Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other The PetZooz Properties (including images, text, page layout or form) of The PetZooz; (c) you shall not use any metatags or other “hidden text” using The PetZooz’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of The PetZooz Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access The PetZooz Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of The PetZooz Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in The PetZooz Properties. Any future release, update or other addition to The PetZooz Properties shall be subject to the Terms. The PetZooz, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of The PetZooz Properties terminates the licenses granted by The PetZooz pursuant to the Terms.
1.4 Third-Party Materials. As a part of The PetZooz Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for The PetZooz to monitor such materials and that you access these materials at your own risk.
2.1 Registering Your Account.In order to access certain features of The PetZooz Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account with The PetZooz (“Account”). We currently require you to have a valid account on a social networking service (“SNS”) to connect to the Services and become a Registered User (each such account, a “Third-Party Account”).
2.2 Access Through a SNS. When you access the Services through a SNS, you will link your Account with Third-Party Accounts, by allowing The PetZooz to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant The PetZooz access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating The PetZooz to pay any fees or making The PetZooz subject to any usage limitations imposed by such third-party service providers. By granting The PetZooz access to any Third-Party Accounts, you understand that The PetZooz may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through The PetZooz Properties (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through The PetZooz Properties via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined in Section 3.1) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on The PetZooz Properties. Please note that if a Third-Party Account or associated service becomes unavailable or The PetZooz’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through The PetZooz Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND THE PETZOOZ DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. The PetZooz makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and The PetZooz is not responsible for any SNS Content.
2.3 Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using The PetZooz Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of The PetZooz Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify The PetZooz immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or The PetZooz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The PetZooz has the right to suspend or terminate your Account and refuse any and all current or future use of The PetZooz Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. The PetZooz reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use The PetZooz Properties if you have been previously removed by The PetZooz, or if you have been previously banned from any of The PetZooz Properties.
2.4 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to The PetZooz Properties, including but not limited to, a mobile device that is suitable to connect with and use The PetZooz Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing The PetZooz Properties.
- Responsibility for Content.
3.1 Types of Content. You acknowledge that all Content, including The PetZooz Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not The PetZooz, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through The PetZooz Properties (“Your Content”), and other Users of The PetZooz Properties, and not The PetZooz, are similarly responsible for all Content they Make Available through The PetZooz Properties (“User Content”). Your Content includes Content from a third party that you Make Available on The PetZooz Properties. For example, when you use APIs on our site to include videos from third-party services such as YouTube, we will consider such videos to be Your Content, even though a third party may have been the source of that information on its original third party website. Basically, make sure you have the right to add Content before you put that Content on our Service.
3.2 Our Role. Opinions and other statements expressed by account holders and third parties are theirs alone, not opinions of The PetZooz. You acknowledge that by providing you with the ability to view and distribute User Content through our Service, The PetZooz is not undertaking any obligation or liability relating to the User Content. The PetZooz and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Service for inappropriate or unlawful User Content. To be clear, The PetZooz and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the User Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
3.3 No Obligation to Pre-Screen Content. You acknowledge that The PetZooz has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although The PetZooz reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that The PetZooz pre-screens, refuses or removes any Content, you acknowledge that The PetZooz will do so for The PetZooz’s benefit, not yours. Without limiting the foregoing, The PetZooz shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
3.4 Storage. Unless expressly agreed to by The PetZooz in writing elsewhere, The PetZooz has no obligation to store any of Your Content that you Make Available on The PetZooz Properties. The PetZooz has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of The PetZooz Properties. You agree that The PetZooz retains the right to create reasonable limits on The PetZooz’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by The PetZooz in its sole discretion.
4.1 The PetZooz Properties. Except with respect to Your Content and User Content, you agree that The PetZooz and its suppliers own all rights, title and interest in The PetZooz Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or The PetZooz Properties.
4.2 Trademarks. The PetZooz and other related graphics, logos, service marks and trade names used on or in connection with The PetZooz Properties or in connection with the Services are the trademarks of The PetZooz and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in The PetZooz Properties are the property of their respective owners.
4.3 Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in The PetZooz Properties.
4.4 Your Content. The PetZooz does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in The PetZooz Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
4.5 License to Your Content. You grant The PetZooz a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your ContentPlease remember that other Users may search for and see any of Your Content you upload to public areas of the Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not The PetZooz, are responsible for all of Your Content that you Make Available on or in The PetZooz Properties. Please remember that even if you terminate your use of the Services, The PetZooz and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through The PetZooz.
4.6 Promotion. You agree that the above license includes the right for The PetZooz to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with The PetZooz for the syndication, broadcast, distribution or publication of such Content on other media and services. Such additional uses by The PetZooz, or other companies, organizations or individuals who partner with The PetZooz, may be made with no compensation paid to you with respect to Your Content. We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
4.7 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on The PetZooz Properties, you hereby expressly permit The PetZooz to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
4.8 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of The PetZooz.
4.9 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
4.10 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to The PetZooz through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that The PetZooz has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to The PetZooz a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of The PetZooz Properties.
- User Conduct.
5.1 Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms):
(a) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of The PetZooz Properties (including your Account), or access to or use of The PetZooz Properties;
(b) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(c) Use The PetZooz Properties or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation;
(d) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or
(e) Market any goods or services for any business purposes.
5.2 Unauthorized Use or Access. You agree that you will not, under any circumstances:
(a) Interfere or attempt to interfere with the proper functioning of The PetZooz Properties or connect to or use The PetZooz Properties in any way not expressly permitted by the Terms;
(b) Systematically retrieve data or other content from our The PetZooz Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
(c) Use, display, mirror or frame The PetZooz Properties, or any individual element within The PetZooz Properties, The PetZooz’s name, any The PetZooz trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without The PetZooz’s express written consent;
(d) Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through The PetZooz Properties or that is in transit from or to The PetZooz Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by The PetZooz Properties;
(e) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or The PetZooz Properties, whether through the use of a network analyzer, packet sniffer or other device;
(f) Make any automated use of The PetZooz Properties, or take any action that imposes or may impose (in The PetZooz’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for The PetZooz Properties;
(g) Bypass any robot exclusion headers or other measures The PetZooz takes to restrict access to The PetZooz Properties, or use any software, technology or device to send content or messages, scrape, spider or crawl The PetZooz Properties, or harvest or manipulate data;
(h) Use, facilitate, create, or maintain any unauthorized connection to The PetZooz Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of The PetZooz Properties; or (ii) any connection using programs, tools or software not expressly approved by The PetZooz;
(i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide The PetZooz Properties, or to obtain any information from The PetZooz Properties;
(j) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through The PetZooz Properties;
(k) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(l) Solicit or attempt to solicit personal information from other Users of The PetZooz Properties;
(m) Use The PetZooz Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(n) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use The PetZooz Properties to send altered, deceptive or false source-identifying information; or
(o) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
5.3 General. In connection with your use of The PetZooz Properties, you shall not:
(a) Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
(b) Harm minors in any way;
(c) Impersonate any person or entity, including, but not limited to, The PetZooz personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(e) Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
(f) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
(g) Register for more than one Account or register for an Account on behalf of an individual other than yourself;
(h) Stalk or otherwise harass any other User of our The PetZooz Properties; or
(i) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
- Investigations.The PetZooz may, but is not obligated to, monitor or review The PetZooz Properties and Content at any time. Without limiting the foregoing, The PetZooz shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although The PetZooz does not generally monitor user activity occurring in connection with The PetZooz Properties or Content, if The PetZooz becomes aware of any possible violations by you of any provision of the Terms, The PetZooz reserves the right to investigate such violations, and The PetZooz may, at its sole discretion, immediately terminate your license to use The PetZooz Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
- Interactions with Other Users.
7.1 User Responsibility. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that The PetZooz reserves the right, but has no obligation, to intercede in such disputes. You agree that The PetZooz will not be responsible for any liability incurred as the result of such interactions. THE PETZOOZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE REGISTERED USERS. THE PETZOOZ ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS REGISTERED USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS REGISTERED USERS.
7.2 Content Provided by Other Users. The PetZooz Properties may contain User Content provided by other Users. The PetZooz is not responsible for and does not control User Content. The PetZooz has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk, including Users you authorize as collaborators for Your Content.
- Third-Party Services.The PetZooz Properties may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left The PetZooz Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of The PetZooz. The PetZooz is not responsible for any Third-Party Websites & Ads. The PetZooz provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- Fees.We do not currently charge fees for the use of our Website or Services or any features thereof, but we reserve the right to do so in the future.
- Indemnification.You agree to indemnify and hold The PetZooz, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “The PetZooz Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, The PetZooz Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. The PetZooz reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The PetZooz in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to The PetZooz Properties.
- Disclaimer of Warranties.
11.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PETZOOZ PROPERTIES IS AT YOUR SOLE RISK, AND THE PETZOOZ PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE PETZOOZ PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(a) THE PETZOOZ PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PETZOOZ PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE PETZOOZ PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PETZOOZ PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE PETZOOZ PROPERTIES WILL BE CORRECTED.
(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE PETZOOZ PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PETZOOZ PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. THE PETZOOZ MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PETZOOZ OR THROUGH THE PETZOOZ PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(e) FROM TIME TO TIME, THE PETZOOZ MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT THE PETZOOZ’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
11.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE PETZOOZ PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PETZOOZ PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
11.3 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PETZOOZ PROPERTIES. YOU UNDERSTAND THAT THE PETZOOZ DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PETZOOZ PROPERTIES. THE PETZOOZ DOES NOT OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH THE PETZOOZ PROPERTIES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION.
- Limitation of Liability.
12.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE PETZOOZ PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PETZOOZ PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE PETZOOZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PETZOOZ PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE PETZOOZ PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE PETZOOZ PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PETZOOZ PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE PETZOOZ PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
12.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE PETZOOZ PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50).
12.3 User Content. THE PETZOOZ PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
12.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PETZOOZ AND YOU.
12.5 EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Procedure for Making Claims of Copyright Infringement.It is The PetZooz’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to The PetZooz by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on The PetZooz Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on The PetZooz Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written 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; and (6) 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. Contact information for The PetZooz’s Copyright Agent for notice of claims of copyright infringement is as follows: [Include name or title, and physical address of Copyright Agent].
After removing material pursuant to a valid DMCA notice, The PetZooz will attempt to notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. The PetZooz reserves the right, in its sole discretion, to immediately terminate the account of any User who is the subject of repeated DMCA notifications. If you believe that Your 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 material in Your Content, you may send a counter-notice containing the following information to the Copyright Agent: (A) your physical or electronic signature; (B) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (C) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (D) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, The PetZooz may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The PetZooz’s sole discretion.
- Term and Termination.
14.1 Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use The PetZooz Properties, unless terminated earlier in accordance with the Terms.
14.2 Prior Use. Notwithstanding the foregoing, if you used The PetZooz Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used The PetZooz Properties (whichever is earlier) and will remain in full force and effect while you use The PetZooz Properties, unless earlier terminated in accordance with the Terms.
14.3 Termination of Services by The PetZooz. The PetZooz has the right to modify, suspend or terminate any Services provided to you at any time without or without reason. You agree that all terminations for cause shall be made in The PetZooz’s sole discretion.
14.4 Termination of Services by You. If you want to terminate the Services provided by The PetZooz, you may do so by notifying The PetZooz at any time. Your notice should be sent, in writing, to The PetZooz’s address set forth below.
14.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. The PetZooz will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
15.1 Violations. If The PetZooz becomes aware of any possible violations by you of the Terms, The PetZooz reserves the right to investigate such violations. If, as a result of the investigation, The PetZooz believes that criminal activity has occurred, The PetZooz reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The PetZooz is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in The PetZooz Properties, including Your Content, in The PetZooz’s possession in connection with your use of The PetZooz Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of The PetZooz, its Users or the public, and all enforcement or other government officials, as The PetZooz in its sole discretion believes to be necessary or appropriate.
15.2 Breach. In the event that The PetZooz determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for The PetZooz Properties, The PetZooz reserves the right to:
(a) Warn you via e-mail (to any e-mail address you have provided to The PetZooz) that you have violated the Terms;
(b) Delete any of Your Content provided by you or your agent(s) to The PetZooz Properties;
(c) Discontinue your registration(s) with the any of The PetZooz Properties, including any Services or any The PetZooz community;
(d) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(e) Pursue any other action which The PetZooz deems to be appropriate.
15.3 No Subsequent Registration. If your registration(s) with or ability to access The PetZooz Properties, or any other The PetZooz community is discontinued by The PetZooz due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access The PetZooz Properties or any The PetZooz community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those The PetZooz Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, The PetZooz reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
- Entire Agreement.The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.