Effective as of April 3, 2014
MeowWoofChirp, Inc., a Delaware Corporation, (hereafter referred to as “MeowWoofChirp”, “MeowWoofChirp.com”, “we”, “us”, or “our”) provides an online social networking platform that enables humans to create social profiles and interactions for their pets through the website MeowWoofChirp.com (such online platform, together with any related software, applications or functionality, and such website, collectively, the “Site”). By using the Site you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Site. These Terms govern your access to and use of the Site and all Content (defined below), and constitute a binding legal agreement between you and MeowWoofChirp. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site and should not use the Site.
1. Key Terms
“CONTENT” means text, graphics, images, music, software, audio, video, information, documents, compilations, data or other materials.
“MEMBER” means a person who completes MeowWoofChirp’s household account registration process.
2. How the Site Works
The Site can be used to create a social profile for a household and for each household to create a social profile for the pets in the household. All members can share their status including uploading photos and videos and they can connect to other members on the site, create and participate in groups, and create and join events. Users must become a Member in order to post a status, create a social profile for a pet, or join a group.
PLEASE NOTE THAT MEOWWOOFCHIRP CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY POST MADE ON THE SITE INCLUDING PHOTOS, VIDEOS, TEXT, LINKS, AND MORE. MEOWWOOFCHIRP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL POSTS.
3. Your Obligations
3.1 Age Restrictions on Use of the Site or Services
3.2 Access and Compliance
By accessing the Site, you agree to be bound by the Terms and all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms each time you use the Site to be aware of modifications. Continued access or use of the Site shall be deemed conclusive evidence of your acceptance of the modified agreement.
3.3 Your Information and Photos
As part of the Site, MeowWoofChirp occasionally shares photo updates of pets with Site users and the public. You agree that MeowWoofChirp may, at its sole discretion, publish these photos on the Site and across social media including Facebook, Twitter, Pinterest, and similar sites.
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of MeowWoofChirp, to access and use that information, and to associate it with your household (i.e., your name and profile picture) or your pets.
You hereby represent and warrant to MeowWoofChirp that Your Information
- Will not be false, inaccurate, incomplete or misleading;
- Will not be fraudulent or involve the sale of counterfeit or stolen items;
- Will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
- Will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing;
- Will not be obscene, violent, or contain child pornography or be harmful to minors;
- Will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Will not create liability for MeowWoofChirp or cause MeowWoofChirp to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
3.4 Use of the Site
MeowWoofChirp offers a number of activities and opportunities for interaction, which include but are not specific to wall postings, chat areas, message boards and/or email functions. Prior to participation, we require users to register and provide a username, password and email address. Because of the public nature of the activities on this website, we recommend that you exercise discretion in the type of information you decide to post in our activities. We have no control over the privacy practices of any user. Likewise, we have no control over the content posted by the users of the activities on this website and cannot ensure that the content will not be objectionable or offensive. Objections to content can be made to email@example.com.
Although we have no obligation to monitor content, we reserve the right to delete or edit content from any of the activities on this website at any time for any reason. By participating in the activities on this website, you agree that you will not post any content that:
- Is vulgar, obscene, profane, sexually oriented, harassing, hateful, threatening, abusive, slanderous, defamatory or invades the privacy of any third party;
- Is offensive on the basis of race, ethnicity, gender, age, disability, sexual orientation or religion;
- Violates any rights of any third party, including patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary rights, or any laws;
- Does not relate to the subject matter of the activities on this website for which you have registered;
- Contains any viruses, worms or other components intended to provide unauthorized access to third party data or disrupt or damage the functioning of computer hardware, software or telecommunications equipment;
- Constitutes spam, unsolicited advertising, chain letters or any form of gambling or lottery;
- Is commercial in nature including, but not limited to any advertising content.
- Collecting information about the Site or users of the Site without MeowWoofChirp’s written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any Content of or information contained on the Site, without MeowWoofChirp’s written consent;
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion or Content thereof;
- Accessing or using the site for commercial or competitive purposes;
- Disguising the origin of information transmitted to, from, or through the Site;
- Impersonating another person or entity;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access, use or register with the Site;
- Using the Site for any purpose in violation of local, state, national, international laws, including but not limited to any unauthorized use of any Content or information contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes;
- Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
- Circumventing any measures implemented by us aimed at preventing violations of the Terms;
It is your obligation to comply with all applicable state, federal and international laws. It is also your obligation to comply with all applicable tax laws and regulations that apply to your activity on the Site. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
3.5 Termination and Account Cancellation
MeowWoofChirp expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Site due to any act that would constitute a violation of the Terms. In addition to violating the Terms, any of the foregoing actions on your part or on behalf of any entity you are employed or otherwise acting as an agent for constitutes intentional, unauthorized access of a protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S. Code § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.
MeowWoofChirp’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. MeowWoofChirp may provide notice of termination by email. You may cancel your MeowWoofChirp Account at any time by deleting your account in Settings. Please note that if your MeowWoofChirp Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site.
3.6 Connections and Interactions with other Members
We have the right to limit the connections and interactions on the Site. You are solely responsible for your interactions with other Members. MeowWoofChirp may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Site or otherwise limit your use of the Site. MeowWoofChirp reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if MeowWoofChirp determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
4. Links to Third Party Websites
The Site may contain links or have references to websites controlled by parties other than MeowWoofChirp. MeowWoofChirp is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. MeowWoofChirp is providing these links to you only as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by MeowWoofChirp of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by MeowWoofChirp. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
5. Export Laws
Your use of MeowWoofChirp, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
6. Contributions to MeowWoofChirp
If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback. By submitting ideas, suggestions, documents, or proposals (“Contributions”) to MeowWoofChirp through its suggestion or feedback webpages, emails, on forums, or in any posts, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) MeowWoofChirp is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MeowWoofChirp shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) MeowWoofChirp may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to MeowWoofChirp rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from MeowWoofChirp under any circumstances.
7. DISCLAIMER OF WARRANTIES
MEOWWOOFCHIRP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AS WELL AS ITS THIRD PARTY PROVIDERS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE MEOWWOOFCHIRP OR SERVICES AVAILABLE IN CONNECTION THEREWITH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU IN CONNECTION WITH USE OF MEOWWOOFCHIRP EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING MEOWWOOCHIRP.
You shall defend indemnify and hold harmless MeowWoofChirp and its affiliates, directors, officers, employees, agents, and Third Party Providers (collectively, the “Indemnified Parties”) against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the Site. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties. MeowWoofChirp and its affiliates, directors, officers, employees, agents, and Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Site and/or the Content associated with the Site other than in accordance with these Terms; (b) the combination of the Site and/or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
9. Notice for Users in California
This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
10. Intellectual Property Rights
All materials provided on the Site, including but not limited to Content, information, documents, products, logos, graphics, videos, sounds, images, compilations, and other materials are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are MeowWoofChirp, its affiliates or respective third party authors, developers or vendors (“Third Party Providers”). Except as stated herein, none of the materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of MeowWoofChirp and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Content displayed on or otherwise accessible from the Site on any other server without the prior express written permission of MeowWoofChirp.
11. Copyright Complaints and Copyright Agent
Owners of copyrights or their agents that believe anything posted on this Site infringes upon said copyrights will submit a notice including the following information pursuant to the Digital Millennium Copyright Act (“DMCA”) to MeowWoofChirp immediately upon discovery:
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Services where the material you claim is infringed is located. Include enough information to allow MeowWoofChirp to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Any notices given pursuant to the DMCA shall be given to the designated agent of the Site at firstname.lastname@example.org or via registered, United States mail sent return receipt to:
Attn: DMCA Compliance Agent
10021 Tabor St. Apt. 314
Los Angeles, CA 90034
12. Dispute Resolution & Waiver of Jury Trial
You and MeowWoofChirp agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site (“Dispute”), will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Either you or MeowWoofChirp may elect to have such Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND MEOWWOOFCHIRP ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow the law of the State of California, and any award may be challenged if the arbitrator fails to do so. In addition to the exclusions above, you and MeowWoofChirp may initiate action in the state or federal courts in Los Angeles County, California to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Notwithstanding the provisions of the “Access and Compliance” section above, if MeowWoofChirp changes this “Dispute Resolution & Waiver of Jury Trial” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of MeowWoofChirp’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MeowWoofChirp in accordance with the provisions of this “Dispute Resolution & Waiver of Jury Trial” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
You acknowledge and agree that you and MeowWoofChirp are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and MeowWoofChirp otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
You may not assign these Terms without the prior written approval of MeowWoofChirp. Any purported assignment in violation of this section shall be void. MeowWoofChirp reserves the right to use Third Party Providers in the provision of the Site and/or the Content associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by MeowWoofChirp.
Copyright © 2014 MeowWoofChirp, INC. All rights reserved.
If you have any questions about these Terms or the Site, please contact MeowWoofChirp at firstname.lastname@example.org.