2. Your Acceptance.
a. You acknowledge that you have read and understood the terms and conditions of use and that you accept and agree to be bound by the terms hereof as well as any additional rules or policies that are or may be published by the Company from time to time. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Company Web Site.
b. Company may monitor your use of this Company Web Site and may freely use and disclose any information and materials received from you or collected through your use of the Company Web Site for any lawful reason or purpose.
c. Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Company Web Site. Unless otherwise stated, all amendments will be effective immediately upon posting on the Company Web Site. This Agreement may not be otherwise amended except in a writing signed by both parties.
3. Availability of Services.
Our Services are only available to individuals who can form legally binding contracts under applicable law. Our Services are not available to minors under the age of 18 under any circumstances. If you do not wish to use our Services, please do not use the Company Web Site. The Company may refuse Services to anyone at any time at our sole discretion. To upload Pet Tips, you as the user must provide to the Company your first and last legal name, address, city, state, country, postal code, and e-mail address (“Your Information”). When providing Your Information, you must provide accurate and complete information. Should you knowingly falsify any of Your Information, your access to the Company Web Site shall be terminated immediately with no prior notice. You may never use another's account without permission. You are solely responsible for your interaction with the Company Web Site. You must notify the Company immediately of any breach of security or unauthorized use of Your Information. The Company will not be liable for any losses caused by unauthorized use of Your Information, and you may be liable for any of the Company’s losses caused by your unauthorized use.
You may also direct the Company to send via email certain articles existing on the Company Web Site to another individual if you provide the Company with the email addresses of these individuals. You may also provide a personal note to said individuals, but be advised that the Company shall have complete access to the note and reserves the right to delete or amend the text.
There are no fees for submitting a Pet Tip to the Company or for directing the Company to email one or more articles to another individual.
5. The Company’s Intellectual Property.
a. The Company Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
b. You acknowledge and agree that the Company owns all database information, collective and similar rights, title and interests worldwide, owns other proprietary information databases, all rights in the selection, coordination and arrangement in the Company Web Site, rights in trademarks, trade names and service marks of the Company, and rights in all content, software, graphics, photos, sounds, music, videos, interactive features on the Company Web Site. You acknowledge that neither you nor any other User shall receive any right, license permission to use, manipulate, and reproduce any of the Company’s trademarks, copyrights, content, or other intellectual property rights without the prior written permission of the Company. The contents of the Company Web Site are only for your personal, non-commercial use. All materials contained on the Company Web Site are protected by copyright and are owned or controlled by Company or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Company Web Site. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company or the copyright holder identified in the individual Content's copyright notice.
6. User Conduct.
a. You understand that all information, data, text, photographs, images, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not the Company, are entirely responsible for all content that you upload post, email, transmit or otherwise make available via the Services. Content that you upload for the purpose of the Pet Tips section of the Company Web Site shall be defined herein as “Your Content”. The Company does not control the content posted via the Service and as such does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any content, for 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 Service.
b. You represent, warrant and covenant that: (aa) you shall not upload, post or transmit to or distribute or otherwise publish through the Company Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the Company Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; (bb) you are at least eighteen (18) years old; (cc) you are solely responsible for the truth and accuracy of all information you provide publicly or privately to us or other Users during the registration or in any public message area, including but not limited to chat, discussion forums, and your email; (dd) you shall not impersonate any person or entity, including but not limited to a Company official or falsely state or otherwise misrepresent your affiliation with a person or entity; (ee) you shall not intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; (ff) you shall not stalk or otherwise harass another User; (gg) you shall not harvest, collect or store personal data about other Users; and (hh) you shall not use or launch any automated system, including without limitation robots, spiders, or offline readers, that access the Company Web Site in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
7. Company’s Use of Your Content.
The Company may choose Your Content for placement in the gallery section of the Company Web Site and for other use by the Company, including but not limited to use in print, CD-ROM, and DVD materials. The Company’s choice of content is in its sole discretion, and you recognize and acknowledge that uploading Your Content does not constitute an agreement by the Company that Your Content will be selected.
a. You irrevocably grant to the Company perpetually, exclusively, and for all media throughout the world (including print, film, slides, non-theatrical, home video, CD-ROM, DVD, internet and any other electronic medium presently in existence or invented in the future), the rights to own, use, display, prepare derivative materials, adapt, modify, publish, republish, distribute, perform, reproduce and incorporate (alone or together with other materials), in whole or in part, Your Content, including but not limited to photographs, video or digital footage, audio, and text of You and your pet which you upload to the Company Web Site. You further hereby irrevocably grant to the Company perpetually and exclusively the right to use your name, voice, likeness, and image and the name, voice, likeness and image of your pet in connection with the Company and the Company Web Site.
b. The Company shall have complete worldwide ownership of Your Content, including but not limited to photographs, video or digital footage, audio or text in which your name, voice, likeness, and image appears and in which your pet’s name, likeness, and image appears (collectively, “Property”), including copyright interests, and you acknowledge that you have no interest or ownership in the Property or its copyright.
c. You hereby agree that you will not bring or consent to others bringing any claims or actions against the Company on the grounds that anything contained in the Property, or in the advertising and publicity used in connection herewith, is defamatory, reflects adversely on you, violates any other right whatsoever, including, without limitation, rights of privacy and publicity. You hereby release the Company, its directors, officers, successors and assigns from and against any and all claims, demands, actions, causes of actions, suits, costs, expenses, liabilities, and damages whatsoever that you may hereafter have against the Company in connection with the Property.
d. Whether or not Your Content is selected, this Agreement shall not obligate the Company to use Your Content or the Property or any other rights granted hereunder, or to prepare, produce, exhibit, distribute or exploit Your Content or the Property.
You hereby agree to release, indemnify, defend and hold Company, and all its officers, directors, owners, subsidiaries, affiliates, agents, employees, information providers, advisors, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising out of your use of or conduct on the Company Web Site or in connection with the Services. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
10. Breach, Failure to Perform, and Misuse.
Without limiting any other remedies, the Company may suspend, delete, terminate any current and future accounts and/or access to the Company Web Site by a User who violates any of the terms and regulations of use of the Company Web Site or terminate or perpetually suspend your access to the Company Web Site if you misuse your account or any Services or the Company is unable to verify or authenticate any information you provide to it.
11. No Endorsement.
The Company Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Company Web Site. Links to and from Company Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents. The Company disclaims any and all responsibility for content contained in any third party materials provided through links from the Company Internet site. The Company assumes no responsibility for and has no control over the content, privacy policies or practices of said third party sites. By using the Company Web Site, you hereby release the Company from any and all liability arising from your use of any third party website, and we encourage you to review the third party’s site terms and conditions after you leave the Company Web Site and enter a third party site. The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Company Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Company Web Site.
Company does not and cannot review all materials posted to the Company Web Site by users, and Company is not responsible for any such materials posted by users. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of this Agreement.
13. Company’s Representations, Warranties, Indemnification and Limitation of Liability.
You represent that all information provided by you in connection you’re your use of the Services is accurate and current. THE COMPANY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE COMPANY WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE COMPANY WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE COMPANY WEB SITE OR ANY LINKED SITE. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO TECHNICAL SUPPORT. FURTHER, THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMPANY WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN OR THE SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE COMPANY WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
14. Your License to the Company.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Company Web Site, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. With respect to the subset of Communications that is defined as Your Content, the Assignment provision of section 8 applies. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge that transmission to and from this Company Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to this Agreement.
15. Governing Law.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY. 16. Digital Millennium Copyright Act. a. If you are a copyright owner or an agent thereof and believe that any Communications or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Company’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
- 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.
The Company’s designated Copyright Agent to receive notifications of claimed infringement is Legal Department, The Hartz Mountain Corporation, 400 Plaza Drive, Secaucus, NJ 07094, firstname.lastname@example.org, facsimile: 201-866-0720. Only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 16(a), your DMCA notice may not be valid.
b. Counter-Notice. If you believe that your Communications which were removed (or to which access was disabled) are 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 Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- 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;
- 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
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New Jersey, 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 Company 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, in the Company's sole discretion.
17. Entire Agreement.
This Agreement, in addition to any other rules and policies, constitutes the entire agreement between the Company and you with respect to your use of the Company Web Site and Services. Your use of the Company Web Site and Services shall constitute your acceptance of any amendments to this Agreement as well as additional rules or policies that are or may be published by the Company, each with the new modifications. If you do not agree to any of such changes, you may request that your membership be cancelled. You acknowledge and agree that such cancellation will be your sole and exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by the Company. Any cause of action you may have with respect to your use of the Company Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
18. No Use of Music.
No music may be used in connection with the Pet Tips. The Company will reject any submissions of Pet Tips in which music is a component.