Last Updated: June 19, 2013
PawshPal.com is the owner and operator of websites located at http://www.PawshPal.com.com and elsewhere on the internet where this Agreement appears, and linked pages or applications, and the mobile version thereof, if any (collectively, including all web sites owned by PawshPal.com, the “PawshPal.com Site”). PawshPal.com is also the provider of the services (the “PawshPal.com Service”) which are available to You though PawshPal.com, including Widgets, such as the “PawshPal.comTicker”, “Guestbook”, the “PawshPal.com Screensaver” and applications created by PawshPal.com and available through social networking sites (including premium applications for which we impose a charge, “SNS Apps”). The availability of any SNS Apps on a social networking site does not indicate any relationship or affiliation between PawshPal.com and such social networking site.
- Eligibility Criteria and Representations. You hereby represent that the following are all true:
- You are at least 13 years old, and if You are less than 18 years old, You have the permission of Your parents or legal guardian to use the PawshPal.comService. (Please be aware that PawshPal.com may create certain areas on the PawshPal.comSite that contain adult or mature content. You must be at least 18 years of age to access and view such areas.) If You are not at least 13 years old, please discontinue using the PawshPal.com Site and the PawshPal.com Services immediately.
- You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and
- You have the right to display each and every item of content (whether images, links, documents, videos, greeting cards, “Skins”, “Sketches”, or files – “content”) which You have released through the PawshPal.com Service, including the right to display all copyrights, trademarks, trade names and similar intellectual property interests reflected therein or thereon. Your sharing of content constitutes permission for reproduction/printing of such content by any recipient for his or her personal use and by PawshPal.com solely to provide the PawshPal.comService to You and others, to market the PawshPal.com Service and/or the PawshPal.com Site, and to illustrate the operation of the PawshPal.com Service and/or the PawshPal.com Site. You understand that the PawshPal.com Service may involve the transmission of content over various networks and changes to content to conform and adapt to technical requirements of connecting networks, devices or display media. See also, discussion of certain other User Created Content in Section 6 below.
- License Grant by PawshPal.com.
- LICENSE. Subject to the terms of this Agreement, PawshPal.com hereby grants You a limited, non-sublicensable, non-transferable, nonexclusive license to use the software that You have downloaded or are about to download, any software that You have embedded on a third party web site or are about to embed (“PawshPal.comWidgets”), any SNS Apps, and any software running on PawshPal.com's server (collectively with PawshPal.com Widgets, “PawshPal.com Software”). You may (and in fact are encouraged to) download, install and/or use the PawshPal.com Software on a single computer or on a website that is operated and maintained by You, or by someone else. Regardless of the policies of any other such website, you are responsible for ensuring compliance with these terms. As between You and PawshPal.com, title, ownership rights, and intellectual property rights in and to the PawshPal.com Software, and any copies or portions thereof, shall remain in PawshPal.com and its suppliers or licensors. You understand that PawshPal.com may modify or discontinue offering the PawshPal.com Software or any feature thereof at any time.
- SUPPORT AND UPGRADES. This Agreement does not entitle You to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the PawshPal.com Software (collectively, “Updates”). PawshPal.com, however, may occasionally provide automatic Updates to the PawshPal.com Software at its sole discretion (and without any advanced notification to You). Any such Updates for the PawshPal.com Software shall become part of the PawshPal.com Software and subject to this Agreement.
- GOVERNMENT USE. If You are a part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the PawshPal.com Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The PawshPal.com Software is a “commercial item,” “commercial computer software” and “commercial computer software documentation”. In accordance with such provisions, any use of the PawshPal.com Software by the Government shall be governed solely by the terms of this Agreement.
- Your Obligations. In exchange for Your being able to use the PawshPal.com Software, the PawshPal.com Services and/or the PawshPal.com Site, You agree to be bound by the following obligations:
- If You choose to register with PawshPal.com, You will provide us with an email address You own and use, a password and a username (“User ID”). You shall be solely responsible for maintaining the confidentiality of Your password. You will also update Your registration information on the PawshPal.comSite from time to time so that it remains true, correct and complete. Even if you choose to create an anonymous account, You are still agreeing to all of the terms and conditions of this Agreement.
- You may not:
- use a false name or an email address owned or controlled by another person with the intent to impersonate that person or for any other reason;
- use as a User ID a name subject to any rights of a person other than Yourself without appropriate authorization; or
- otherwise submit false or misleading information to PawshPal.com.
- Prohibited Content. You may not (and will not allow any third party to) post or link to any material or content which:
- is sexually explicit, profane, libelous, defamatory, obscene, or otherwise violative of any law (each a “Prohibited Posting”), or
- constitutes an infringement, misappropriation or violation of the intellectual property, publicity or other proprietary rights of any person or entity (each, an “Infringing Posting”).
- No Changes to the Software/Prohibited Uses. You may not and may not allow any third party to:
- modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the PawshPal.com Software or any portion of the PawshPal.com Site or the PawshPal.comService (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
- copy or distribute the PawshPal.com Software (except for a version that has this license attached where the user agrees to the terms of this Agreement), provided, however, that You may (and are encouraged to) include any number of PawshPal.com Widgets on your website or webpage and any number of SNS Apps on your social networking pages.
- rent, lease, use the PawshPal.com Software for timesharing or service bureau purposes, or otherwise obtain a commercial benefit from the PawshPal.com Software unless You inform legal@PawshPal.com of Your commercial purpose prior to such use;
- use the PawshPal.com Software in any manner that could damage, disable, overburden, or impair the PawshPal.com Service or another user's use of the PawshPal.com Service;
- remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices (“Notices“) contained in or on the PawshPal.com Site, PawshPal.com Service, PawshPal.com code embeddable or embedded on a third party web site and/or the PawshPal.com Software and You shall reproduce such Notices exactly on all permitted copies of the PawshPal.com Software;
- collect any information about other users or members (including usernames and/or email addresses) for any purpose;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as “spam,” to other users or members of the PawshPal.com Site and/or PawshPal.comService or otherwise interfere with other users' or members' enjoyment of the PawshPal.com Site and/or PawshPal.com Service;
- submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by PawshPal.com;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or
- use the PawshPal.com Site or PawshPal.com Services to violate the security of any computer network or transfer or store illegal material.
- Indemnity. You agree to indemnify and hold PawshPal.com (and any employee, officer, director or affiliate of PawshPal.com) harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of Your access to or use of the PawshPal.com Site or Service, the violation of this Agreement by You, the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity, or for any content posted through the PawshPal.com Service by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim You may have against PawshPal.comor any PawshPal.com Person. You remain solely responsible for all content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the PawshPal.com Software or the PawshPal.com Service.
- Rights of PawshPal.com/Exculpation of PawshPal.com. By using the PawshPal.com Software, the PawshPal.com Service and/or the PawshPal.com Site, You acknowledge and agree,
- PawshPal.com(i) has the right to use content (x) uploaded by You or (y) otherwise included by You in content available though the PawshPal.com Service, to provide the PawshPal.com Service to You and others, to market the PawshPal.com Service and/or the PawshPal.com Site, to illustrate the operation of the PawshPal.com Service and/or the PawshPal.com Site, and (ii) claims an exclusive license (including, among other things, the right to make derivative works in the case of certain content submitted by you (see discussion in Section 6, below). Other than as provided in the foregoing sentence, PawshPal.com does not claim any copyright or other ownership in any material or content uploaded by You through the PawshPal.com Site simply because You have uploaded it through the PawshPal.com Service. You are solely responsible for protecting your own content from loss.
- PawshPal.com also has the right to allow other users to make derivative works of Your content solely for display through the PawshPal.com Service. For example, a user may add “Stickers” to a photograph uploaded by you, draw on that content or change certain colors. If you do not wish to allow such derivative works to be made from your content, then you must keep that content private and not publish it on social networking sites for the general public to see (and even then, people whom you allow to see your content may make such derivative works).
- PawshPal.com has the right to refuse registration of, or cancel Your user account and/or User ID in its discretion for any reason or for no reason. Any content that has been uploaded through the PawshPal.com Service may be deleted at any time without notice to You.
- PawshPal.com and its licensors own and retain all proprietary rights in the PawshPal.comSite, the PawshPal.com Service, and all associated software, content and material. The PawshPal.com Site and the PawshPal.com Service are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, and/or materials available through the PawshPal.comSite or PawshPal.com Service in whole or in part without the express written agreement of PawshPal.com. Except as expressly provided herein, PawshPal.com and its suppliers do not grant You any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights. If You submit any ideas regarding products or services (other than certain content discussed below in Section 6), such ideas automatically become the property of PawshPal.com, and You automatically forfeit Your right to the intellectual property of these ideas. If You intend to own the intellectual property rights of Your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please send a message to ideasubmission@PawshPal.com and describe ONLY the general application – do not submit Your concepts to PawshPal.com or its employees through any other medium. Please note that a legal agreement may be required by PawshPal.com in order to evaluate Your concept(s).
- PawshPal.com has no responsibility for the statements in any message, content or other material posted on or through the PawshPal.com Site by any user. If PawshPal.comreceives notice that an item on the PawshPal.com Site is an Infringing Posting or a Prohibited Posting, it will use such efforts as it, in its sole discretion, believes are reasonable, to determine whether such item is an Infringing Posting or a Prohibited Posting (which determination may take into account whether such content is available to the public generally, or offered only through SNS Apps), and if it is, to remove all or a portion of such items. You acknowledge, however, that this is a manual process and that PawshPal.com cannot evaluate or remove such items immediately. PawshPal.com HAS NO OBLIGATION TO ACCEPT OR DISPLAY ANY CONTENT, AND CONTENT UPLOADED BY YOU MAY BE DELETED BY PawshPal.com FOR ANY REASON OR FOR NO REASON AT ALL.
- If You believe that any material on the PawshPal.com Site or offered through the PawshPal.com Service constitutes an Infringing Posting or a Prohibited Posting, please notify PawshPal.com as soon as possible by sending an email to abuse@PawshPal.com. Please also see our Copyright Policy.
- PawshPal.com is exempt from liability to any person for any claim based upon its good faith disabling of access to or removal of any content, including material it believes, in its sole discretion to be an Infringing Posting or a Prohibited Posting, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited. By using the PawshPal.comService, You agree that notice to You through an email to the email address You provided in Your profile constitutes reasonable efforts to notify You of any removal or disabling if such notice is required, and if you have created an anonymous account, you waive the right to notice, if any is required.
- PawshPal.com reserves the right to reveal Your identity (or whatever information we know about You) in the event of a complaint or legal action arising from any message or other content posted by You or where such information is otherwise relevant. PawshPal.com may log all internet protocol addresses accessing the PawshPal.com Site and other information about users' access, and maintain backup copies of content indefinitely.
- PawshPal.com uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded to the PawshPal.com Site or collected by PawshPal.com in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party “hackers” from illegally accessing our site and obtaining access to content or information thereon.
- The PawshPal.com Site, PawshPal.com Software or PawshPal.com Service may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
- The PawshPal.com Site, PawshPal.com Software or PawshPal.com Service may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the PawshPal.com Site, the inclusion of a PawshPal.com Widget on a third party's website, or the incorporation of a SNS App or other piece of PawshPal.com Software on a third party's website or within a third party's system does not imply approval or endorsement of that website by us. If you decide to access or post a PawshPal.com Widget, SNS App or other piece of PawshPal.com Software on these third-party websites, you do so at your own risk.
- Policies related to Skins, Stickers, Sketches and Greeting Cards. By submitting a Skin, Sticker, Sketch or Greeting Card (collectively, “User Created Content”) to PawshPal.com you understand and agree that:
- PawshPal.com does not claim any ownership right in the User Created Content you submit to us, except to the extent of the exclusive license described below. Such User Created Content remains your property, but you may not license them to third parties without our consent.
- You warrant that such User Created Content is your original work and that You have the right to license the same to PawshPal.com, and that the User Created Content does not violate any third party’s privacy rights, publicity rights, copyrights, trademarks or other intellectual property rights, and You agree to pay for all royalties, fees, and any other monies that may be owing to any person with respect to any User Created Content submitted by you to or through the PawshPal.com Service.
- You grant to PawshPal.com an exclusive, worldwide, perpetual, irrevocable and fully paid-up right to use, modify, reproduce and distribute the User Created Content and any derivative works thereof, together with the right to sublicense. You understand that PawshPal.com is not obligated to pay you anything for your User Created Content, or to feature or otherwise display your User Created Content on any page of the PawshPal.comwebsite.
- WARRANTY DISCLAIMER. THE PawshPal.com SERVICE, THE PawshPal.com SITE AND THE SOFTWARE (INCLUDING ANY MOBILE SERVICES) IS PROVIDED BY PawshPal.com ON AN “AS IS” BASIS. PawshPal.com AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE PawshPal.com SITE OR IN ASSOCIATION WITH THE PawshPal.com SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PawshPal.com AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PawshPal.com AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON THE PawshPal.com SITE OR THROUGH THE SNS APPS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
- POTENTIAL UNAVAILABILITY. THE PawshPal.com SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. PawshPal.com SHALL NOT BE LIABLE FOR ANY FAILURE OF THE PawshPal.com SOFTWARE, PawshPal.com SITE OR PawshPal.comSERVICE. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND PawshPal.com'S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT PawshPal.com SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE. PawshPal.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to Your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the PawshPal.com Services, including any Mobile PawshPal.com software. Under no circumstances will PawshPal.com be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of the PawshPal.com Site, the PawshPal.com Service, PawshPal.comMobile, any content or third party applications, software or content posted on or through the PawshPal.com Site or the PawshPal.com Services or transmitted to users, or any interactions between users of the PawshPal.com Service, whether online or offline.
- LIMITATION OF LIABILITY. PawshPal.com AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PawshPal.com'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PawshPal.com FOR THE PawshPal.com SERVICES, OR TEN DOLLARS, IF GREATER. YOU SPECIFICALLY ACKNOWLEDGE THAT PawshPal.com IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY USER OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using PawshPal.com Software or PawshPal.com Services. Consult your physician prior to using the PawshPal.com Software or PawshPal.com Services if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the PawshPal.com Software or PawshPal.com Services immediately if you experience any such symptoms
- TERM AND TERMINATION. Unless terminated by PawshPal.com, this Agreement will remain in full force and effect while You use the SNS Apps, PawshPal.com Site, PawshPal.com Software or PawshPal.com Services. Subject to the last sentence of this Section 9, You may terminate this Agreement at any time by deleting the PawshPal.com Software from Your computer and from any social networking site or other website on which you have installed any PawshPal.com Software and ceasing to use the PawshPal.com Software or PawshPal.com Service. PawshPal.com may terminate this Agreement at any time, particularly if You violate any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, You shall destroy and remove from all computers, and other storage media all copies of the PawshPal.com Software. PawshPal.com shall have the right to inspect and audit Your facilities to confirm the foregoing. Your representations in Sections 1 and the provisions of Sections 4 through 11 shall survive any termination or expiration of this Agreement.
- THIRD PARTY NOTICES AND LICENSES In order to use the PawshPal.com Service, You will have to download a Flash Player from Adobe Systems Incorporated. Use of the Flash Player is subject to Adobe's Terms of Service. See http://www.adobe.com/misc/copyright.html Mapping services may use software and other information from Google Maps (See Google Maps' Terms of Service), Yahoo Maps (see Yahoo Maps' Terms of Service) and/or www.geonames.org.
- Disputes. You agree that any dispute relating to your use of the PawshPal.com Site, PawshPal.com Software and/or PawshPal.com Service shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco, and that any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.
- International Use. PawshPal.com makes no representation that the PawshPal.comSoftware is appropriate or available for use in locations outside the United States, and accessing it from territories where the PawshPal.com Software or any feature of the PawshPal.com Services and/or PawshPal.com Site is illegal is prohibited. Those who choose to access this website (or any other website on which PawshPal.comSoftware is installed or from which PawshPal.com Software or PawshPal.com Service is available) from other locations do so on their own initiative and are responsible for compliance with local laws. The PawshPal.com Software may be further subject to United States export controls. No PawshPal.com Software may be downloaded from the PawshPal.com Site or through the PawshPal.com Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the PawshPal.com Software is at your sole risk.
- No Third Party Beneficiaries. This Agreement is between You and PawshPal.com. No user has any rights to force PawshPal.com to enforce any rights it may have against any You or any other User.
PawshPal.com is an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user of material of the user's choosing, without modification of the content of the material sent or received (“transitory digital network communications”), as well as system caching, storage of material residing on a system or network at the direction of a user, and referral or linkage of users to an online location using information location tools, each through the website located at PawshPal.com, and any linked pages or applications owned and operated by PawshPal.com.
Please contact us at legal@PawshPal.com with any questions regarding this Agreement.
Please contact legal@PawshPal.com if you would like to receive a copy of this document showing changes from previous versions.
PawshPal.com is a registered trademark of PawshPal.com, Inc.