Updated and Effective as of December 15, 2020
Thank you for visiting Petlity and using our services! By using our services, you are agreeing to our terms so please make sure you read through them carefully. This is a legal agreement between you and Petlity, its affiliates, and divisions, and these terms apply to Petlity websites, mobile applications, and other digital and interactive services that link to these Terms (collectively, the “Services”).
The Petlity Site shall include any information or services made available by Petlity, regardless of the medium, and shall include, without limitation any affiliated websites, mobile applications, videos, products, and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Site, or any part of the Site, with or without notice.
The Site is not intended for users under 13 years of age. If you are under 13, do not use the Site and do not provide us with any personal information.
We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain people or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and regulations.
Trademarks and Logos
The terms Petlity, Petlity.com, and the Petlity logo and all related names, logos, product and service names, designs, and slogans are trademarks of Petlity and/or its affiliates. You may not use such marks without the prior written permission of Petlity. All other names, brands, and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.
The Services we provide are owned and operated by Petlity and contain material which is developed in whole or in part from material supplied by Petlity and its partners, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws. The Services are also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Petlity and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Petlity and such others. You agree to protect the proprietary rights of Petlity and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by Petlity or its suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify Petlity immediately upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and Petlity, at all times be and remain the sole and exclusive property of Petlity.
The Services may enable you to submit, post, upload, or otherwise make available (collectively, “post”) content such as video clips, photographs, reviews, public messages, ideas, comments, and other content (collectively, “User Content”) that may or may not be viewable by other users. You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the User Content originated. You further agree that you have all required rights to post such User Content without violation of any third-party rights. You agree that you will indemnify, defend, and hold harmless Petlity for all claims resulting from User Content you post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
When you post User Content on or through the Services, you grant Petlity a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sublicensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform and display, translate, sell, lease, create derivative works from and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services in any media format. Finally, you agree that your user name or other identifying information may be associated with any User Content that you post.
Comments and Submissions
You acknowledge and agree that any information provided to us by e-mail or in any other format, including without limitation, answers, questions, suggestions, ideas, etc. will be deemed to be non-confidential. We have no obligation to protect such information from disclosure. We are free to reproduce, use, disclose, and distribute such information to others without restriction.
You may use the Site only for lawful purposes and in accordance with these User Terms. We are under no obligation to enforce the User Terms on your behalf against another User. While we encourage you to let us know if you believe another User has violated the User Terms, we reserve the right to investigate and take appropriate action at our sole discretion. You agree not to, and will not assist, encourage, or enable others to use the Site:
- To violate our Content Standards.
- To violate any applicable national, regional, federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or reuse any material which does not comply with the Content Standards set out in these User Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or other similar solicitation.
- To impersonate or attempt to impersonate Petlity or a Petlity employee, another User, person, or entity (including, without limitation, the use of email addresses or screen names associated with any of the foregoing), or to register to use the site on behalf of any group or entity.
- To harvest or collect email addresses or other contact information of Users from the Site by electronic or other means for any purpose.
- To threaten, stalk, harm, or harass others, or to promote bigotry or discrimination.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Petlity or Users of the Site or expose them to liability.
- For any commercial purpose.
Additionally, you agree not to, and will not assist, encourage, or enable others to:
- Violate these User Terms.
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Petlity.
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site.
- Record, process, or mine information about other Users.
- Access, retrieve, or index any portion of the Site for purposes of constructing or populating a searchable database.
- Reformat or frame any portion of the Site.
- Use the Site in any manner that could, in our sole discretion, disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including to monitor or copy any of the Site Content.
- Use any manual process to monitor or copy any of the material on the Site, or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”).
- Use the Site to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content.
- Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
- Reverse engineer any portion of the Site.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
You acknowledge, consent, and agree that Petlity may access, preserve, and disclose your account information and/or any User Content you submit or make available for inclusion on the Services if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary or appropriate for any of the following reasons:
- to comply with legal process;
- to enforce these Terms;
- to respond to claims that any content violates the rights of third parties;
- to protect the rights, property, or personal safety of Petlity, its agents and affiliates, its users, and the public;
- to address your requests.
No Guarantee of Service
Although we hope to make the Site available at all times in the future, there may be times when we need to disable the Site either temporarily or permanently. The Site may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind Petlity will not be liable if all or any part of the Site is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Site, or the entire Site, to Users, including registered Users.
Petlity does not assume any liability for the materials, information, and opinions provided on, or available through, the Petlity Web Site (the “Site Content”). Reliance on the Site Content is solely at your own risk. Petlity disclaims any liability for injury or damages resulting from the use of any Site Content.
Petlity provides the Website and the Content “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied, or statutory, regarding the Website and the Services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
We attempt to make the Content a quality, useful, first-class product. Nevertheless, Petlity does not warrant that the Content will meet your requirements; that the Content and Website will be uninterrupted, timely, secure, or error-free; that the information provided through the Content is accurate, reliable, or correct; that any defects or errors will be corrected; that the Website and Content will be available at any particular time or location; or that the Website and Content are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content, or other material obtained from the Website.
You understand and agree that Petlity will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, punitive, or exemplary damages, however arising, that result from
- your use or inability to use the Website or Content;
- Any errors or inaccuracies in the information contained on the Website or in Content;
- any modification, price change, suspension, or discontinuance of the Content or the Website;
- the Website generally or the software or systems that make the Content available;
- statements or conduct of any third party on the Website;
- any other matter relating to the Website or Content.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control. These provisions apply to any theory of liability that you might assert, whether in contract or in tort or otherwise.
Notwithstanding the foregoing, any liability that Petlity might have to you (in contract, in tort, or otherwise, and for any kind of damages, whether direct, incidental, indirect, special, consequential, punitive, or exemplary) is limited to the fees or other compensation that you paid to Petlity during the six (6) month period preceding the act or omission that you claim gives rise to that liability. The existence of multiple claims will not enlarge this amount. If any damages you suffer are due to your own fault or your misuse of the Website or Content, Petlity shall have no liability.
If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
Your Indemnification of Us
If you have a dispute with one or more Users, you agree to release and forever discharge Petlity from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including reasonable attorneys’ fees, arising out of your use of the Website and the Content, including but not limited to your violation of this Agreement, provided that Petlity (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases petlity.com of all liability); and (3) provides to you all reasonable assistance, at your expense.
Any correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Petlity will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on or through the Services.
Termination of Services
You agree that, in our sole discretion, Petlity may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice. You agree that Petlity will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that Petlity suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.
These Terms will be interpreted in accordance with the applicable federal laws of the United States of America and the laws of the State of New Hampshire, without regard to conflict of law provisions. If any part of these Terms is considered invalid, it shall be enforced as effectively as possible while all other provisions remain in full effect.
If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org.