1. Welcome.
Welcome to www.hartz.com (the “Website”). This Website Agreement (the “Agreement”) is between you and The Hartz Mountain Corporation (“Company”) with a principal place of business at 200 Plaza Drive, Secaucus, New Jersey 07094. This Agreement describes the terms and conditions applicable to your access to and use of www.hartz.com, including any content, functionality and services offered on or through the Website, without regard to how the Website is accessed or whether you are a guest or registered user (“Services”). Use of the Website”) or clicking “Accept” if this option is made available to you signifies your agreement to the terms and conditions of use set forth below in the Agreement and in the Privacy Policy found at www.hartz.com.
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 WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Website.
b. Company may monitor your use of this Website and may freely use and disclose any information and materials received from you or collected through your use of the Website 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 Website. Unless otherwise stated, all amendments will be effective immediately upon posting on the Website. 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 Website. The Company may refuse Services to anyone at any time at our sole discretion. While this Website is typically available 24 hours a day, 7 days a week, the Company reserves the right to make this Website unavailable at any time for any reason.
4. The Company’s Intellectual Property.
a. The Website 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 (i) all database information, collective and similar rights, title and interests worldwide, (ii) other proprietary information databases, (iii) all rights in the selection, coordination and arrangement in the Website and all rights in trademarks, trade names and service marks of the Company, and (iv) rights in all content, software, graphics, photos, sounds, music, videos, and interactive features on the Website (collectively, the “Content”). 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, or other intellectual property rights without the prior written permission of the Company. The Contents are only for your personal, non-commercial use. All Content is protected by copyright and is owned or controlled by the Company or the party credited as the provider of such Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website. 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.
5. User Conduct.
a. You understand that all information, data, text, audio, photographs, video, images, messages, or other materials, whether publicly posted or privately transmitted (“User Content”), are the sole responsibility of the person from whom such User Content originated. This means that you, and not the Company, are entirely responsible for all User Content that you upload post, email, transmit or otherwise make available via the Services. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. The Company does not control the User Content posted by you or third parties via the Service, and as such does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any User Content, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service.
b. You represent, warrant and covenant that you will abide by the following User Content standards. Without limiting the foregoing statements in subsection (a):
(i) you shall not upload, post or transmit to or distribute or otherwise publish through the Website any User Content which (1) restricts or inhibits any other user from using and enjoying the Website, (2) is unlawful, threatening, abusive, libelous, defamatory, violent, hateful, inflammatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (3) contains sexually explicit or pornographic material, violence, or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (4) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (5) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (6) contains a virus or other harmful component, (7) contains any information, software or other material of a commercial nature, (8) contains advertising of any kind, (9) constitutes or contains false or misleading indications of origin or statements of fact; (10) violates the legal rights of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy, (11) is likely to deceive any person, (12) promotes any illegal activity, or advocate, promote or assist any unlawful acts, (13) causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person, (14) involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, or (15) gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
(ii) you are at least eighteen (18) years old;
(iii) 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;
(iv) 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;
(v) you shall not intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
(vi) you shall not stalk or otherwise harass another User;
(vii) you shall not harvest, collect or store personal data about other Users; and
(viii) you shall not use or launch any automated system, including without limitation robots, spiders, or offline readers, that access the Website 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.
6. Company’s Use of User Content.
The Company may choose your User Content for placement in the gallery section of the Website and for other use by the Company, including but not limited to use in print, or digital reproduction including social media. The Company’s choice of User Content shall be in its sole discretion, and you recognize and acknowledge that uploading your User Content does not constitute an agreement by the Company that your User Content will be selected.
7. Your License to the Company.
By posting User Content, inputting data or engaging in any other form of communication, or posting your name, likeness, image, voice, signature, or the name, likeness, image or voice of your pet(s) (individually or collectively “Communications”) to the Website, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, reproduce, modify (for editorial and content standards purposes only), perform, display, distribute, and otherwise disclose to third parties such Communications, in all media now known or hereafter developed. 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 Website 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.
8. Waiver and Release.
a. You hereby waive, and 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 Communications, or in the advertising and publicity used in connection herewith, is defamatory, reflects adversely on you, violates any other right whatsoever, including, without limitation, intellectual property rights, rights of privacy and publicity, and rights of attribution. 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 Communications. You acknowledge that transmission to and from this Website 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.
b. Whether or not your User Content is selected, this Agreement shall not obligate the Company to use your User Content or the Property or any other rights granted hereunder, or to prepare, produce, exhibit, distribute or exploit your User Content or the Communications.
9. Indemnification.
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 Website or in connection with the Services, or out of any User Content posted by you, to the fullest extent permitted by law. You shall cooperate as fully as reasonably required in the defense of any claim, to the fullest extent permitted by law. 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 to the fullest extent permitted by law.
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 Website by a User who violates any of the terms and regulations of use of the Website or terminate or perpetually suspend your access to the Website 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 Website contains links and pointers to the other related Internet sites, resources, and sponsors of the Website. Links to and from Website 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 Website. 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 Website, 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 Website 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 Website. 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 Website.
12. Disclosure.
Company does not and cannot review all User Content posted to the Website 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. 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 WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, 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 WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, 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 WEBSITE 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 WEBSITE 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 WEBSITE 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 WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
14. 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.
15. 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 Amy B. Goldsmith, Esq., Tarter Krinsky & Drogin LLP, 1350 Broadway, New York, New York 10018; Email: agoldsmith@tarterkrinsky.com, Phone: 212-216-1135, Fax: 212-216-8001. 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 Content, 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.
c. We suggest that you consult with an attorney prior to filing a notice or counter-notice. There may be penalties assessed for false DMCA claims.
16. 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 Website and Services. Your use of the Website 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.
