For humans who like reading this legal stuff.
Effective Date: February 15, 2020
- “User” or “you” shall mean any user or person who registers an account with the App on behalf of themselves and their pet/s, or an organization.
- “ Content” means all information and content available on the Site and the App uploaded or owned by , including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, and the compilation and organization thereof, as well as information from independent sources gathered by regarding third party products, services and places.
- “User Profile Information” means all personal information and content submitted by you in connection with registering for and maintaining an account for you and your pet/s. “User Profile Information” specifically excludes User Posts.
- “User Posts” means all comments, inquiries, opinions, suggestions, reviews, stories, experiences, ratings, events, notices, alerts or other information you submit to the Public Spaces of the App. This includes all information other than User Profile Information.
- General Use of the Site and App.
- User Contents. The content on the App is 100% user-generated. Through the use of third party APIs, Users may search for and access information about products, services and places. is not responsible or liable for any inaccuracies in any information provided on the App through these third party APIs.
- GPS Tracking. In the future, we may offer Users the ability to enhance your experience by making use of your location, for example in the form of GPS signals and other information sent by your mobile device on which the App is installed and activated. You have the ability to deny this request. If you decide to enable GPS tracking, we will use it to further personalize your feed and show you relevant location-based content. If you decide to turn GPS tracking off, this feature will be disabled for all accounts associated with you.
- Registration Required: In order to fully use the App, you are required to register your information with and become a User.
- Registered User Account.
- Data Accuracy. We ask that any User Profile Information you provide to is true, current and complete. In the event your name or email address changes, please send a change request to [email protected]. All User Profile Information related to a pet can be changed on that pet’s profile page.
- Passwords. In order to use the features on the App, you will need to create an account and password. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or cancel your account at any time for any or no reason. You will use your account for your personal, non-commercial use only. Should you misplace or forget your password, please click on the “Forgot Password” link. If you continue to have problems, please contact our support staff at [email protected] or send us a message via our Contact Us page on the Site.
- Public Areas of the Site. The App provides newsfeed pages, User profile pages, a search page, pages for individual pet-related products, services, and places, and other interactive or social media features ("Public Spaces") which allow Users to obtain and exchange information with each other, and to socialize, to share, to discover, and to network about pets (the "Purpose"). If you use the Public Spaces, you agree that opinions expressed in the Public Spaces or elsewhere on the App and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect our views.
- Restrictions. You agree not to use the Public Spaces for any reason other than the Purpose. Except as permitted through a “Share” function which we may provide on the Public Spaces (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Public Spaces.
- User Posts; No Monitoring. We do not monitor or review User Posts, including those you may find offensive. All User Posts express the views of the author, and we will not be held responsible for any User Post or associated content. When using the Public Spaces and viewing User Posts you need to be aware of the following:
- The Public Spaces include User Posts, over which we have no control.
- You have the option to hide any User post that you no longer wish to see by selecting “hide this post” on the User post.
- You have the option to block any User that you no longer wish to see. Blocking occurs at the pet profile level between two pets and is a mutual block. To create a block, select the “block pet” option on the User’s pet profile page. If you or the User have more than one pet, you will need to repeat this action for each of your and the User’s pets to create a complete and mutual block between you and the User.
- Reporting. If you believe that a User Post violates any of the provisions of Section 7 of this Agreement, you may report the User Post to by selecting “report as inappropriate” on the User Post itself. shall take such responsive action as it deems appropriate in its sole discretion. shall not be liable for any User Post report, or ’s subsequent action or inaction.
- User Restrictions.
- The Site/The App/ Content. Neither the Site, the App nor the Content may be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of . All User Posts and User Profile Information must be used with permission of the respective User. All third party content, such as the information and intellectual property associated with pet products and services that are featured on the Site and the App must be used in accordance with the policies of such third parties. User agrees to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If User downloads or prints Content for personal use, User must retain all copyright and other proprietary notices contained therein.
- Other Restrictions: You agree that you will not, and will not assist or enable others to use the Site or the App:
- to threaten, stalk, defraud, incite, harass, or harass another person or pet, or otherwise interfere with another User’s use of the Site or the App;
- to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- for promotional or commercial purposes;
- in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
- for keyword spamming or to otherwise attempt to manipulate natural search results;
- to promote bigotry or discrimination against protected classes;
- to promote violence or harm to animals;
- to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- to submit or transmit pornography or illegal content;
- to solicit personal information from minors or to harm or threaten to cause harm to minors (or persons of any age);
- to record, process, or mine information about other Users;
- to release any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site, the App or any Content;
- to access, retrieve or index the Site or the App for purposes of constructing or populating a searchable database of pet product or service reviews;
- to attempt to gain unauthorized access to the Site or the App, User accounts, computer systems or networks connected to the Site or the App through hacking, password mining or any other means;
- to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
- to introduce any device, software or routine that interferes with the proper working of the Site or the App, or otherwise attempt to interfere with the proper working of the Site or the App;
- to make excessive traffic demands;
- to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site or the App, features that prevent or restrict the use or copying of Site, the App or Content, or features that enforce limitations on the use of the Site or the App; or
- in any manner or for any reason in contravention to the Purpose.
- Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any User Post or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing ’s DMCA agent with the following information in writing:
’s designated DMCA agent to receive notifications of claimed infringement is: Randy M. Friedberg, Esq., Stradley Ronon, 100 Park Avenue, 2000, New York, New York, 10017; email: [email protected]. Only DMCA notices should go to the DMCA agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
- 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 DMCA agent to locate the material;
- Information reasonably sufficient to permit the DMCA agent to contact you, such as an address, telephone number, and, if available, an email address;
- 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.
- Intellectual Property
- Ownership. All Content, the Site, the App and their “look and feel,” including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, and the compilation and organization thereof is the property of , its affiliates, partners or licensors, or is used with consent of the owner, and is protected by United States and international laws, including laws governing copyrights and trademarks.
DOES NOT PROVIDE ANY OFFICIAL RATINGS, RANKINGS, GUARANTEES, WARRANTIES, SPECIFICATIONS OR OTHER INFORMATION REGARDING THE PRODUCTS, SERVICES AND PLACES PRESENTED ON THE SITE OR THE APP. THE CONTENT AND OTHER INFORMATION ON THE SITE OR THE APP IS NOT A SUBSTITUTE FOR YOUR RESPONSIBILITIES AS THE OWNER OF YOUR PET. NEITHER THE SERVICES NOR ANY INFORMATION AVAILABLE ON THE SITE OR THE APP CONSTITUTES VETERINARY OR MEDICAL ADVICE. YOU ARE ULTIMATELY RESPONSIBLE FOR ENSURING THE HEALTH AND SAFETY OF YOUR PET. PLEASE SEEK MEDICAL AND/OR VETERINARY ADVICE AND SERVICES AS NECESSARY. WE DO NOT GUARANTEE ANY PRODUCT OR SERVICE OR PLACES WILL MATCH THE SPECIFICATIONS AVAILABLE ON THE SITE OR THE APP, AND WE DO NOT PROVIDE ANY SERVICE FOR THE ORDERING, RETURN OR REMEDIATION OF CUSTOMER ISSUES FOR THESE PRODUCTS, SERVICES AND PLACES. IS NOT IN ANY WAY OBLIGATED TO OR LIABLE FOR REPORTING PRODUCT RECALLS. WE ARE NOT RESPONSIBLE IN THE EVENT ANY PRODUCT OR GOOD ON THE APP FAILS TO MEET YOUR EXPECTATIONS OR FAILS TO CONFORM TO THE INFORMATION PROVIDED ON THE APP.
THE SITE, THE APP, THE CONTENT AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NONE OF , ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ PARTIES”) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SITE, THE APP OR THE CONTENT, AND THE PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE SITE OR THE APP, THAT THE FUNCTIONS CONTAINED IN THE SITE, THE APP OR THE SERVICES PROVIDED BY WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE, THE APP OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE, THE APP OR THE SERVICES WILL BE CORRECTED. YOU AGREE THAT YOU USE THE SITE OR THE APP AND RELY ON INFORMATION THEREIN SOLELY AT YOUR OWN RISK.
- Limitation of Liability. IN NO EVENT SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA) RESULTING FROM A PERSON’S USE OR INABILITY TO USE THE SITE OR THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Release. As a condition to your use of the Site or the App, you hereby waive and release any and all claims, causes of action or other rights that you might have against any of the Parties arising out of or relating to your use or inability to use the Site and the App or your reliance on any Content.
- Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that: (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to use, modify, publish, distribute, create derivative works of and sublicense the Feedback in our sole discretion.