Terms of Service
These Terms of Service are effective on October 5, 2015.
1. Who can have a Petzi Account
You may use our Services only if you can form a legally binding contract with Petzila Inc., that forming such a contract is not barred under the laws of the United States or other applicable jurisdiction, and when in compliance with these Terms and all applicable laws in your jurisdiction. The information provided to create your Petzila account must be accurate and complete. Registration, use, or access to your account by anyone under the age of 13 is prohibited.
2. General Terms
The consequences for any Content you place, submit, post, or upload (the “User Content”) to the Services are your responsibility. This Content will be able to be viewed by other users of the Services subject to your account settings controlling who may see your User Content. You should only provide Content that you are comfortable sharing with others under these Terms.
Our Services may change over time and you agree that we may automatically upgrade those Services, and these Terms will apply to such changes. Changes, suspension, termination or limitation on the use of Services may occur without prior notice.
A. Notification Procedures and changes to these Terms.
Petzila reserves the right to choose the means and form to provide notifications to you. You agree to receive legal notices electronically if that is our chosen means. The most current version will be posted on our website. If a revision is determined by us to be material, we will notify you. Continued access or use of the Services after revisions become effective will be considered agreement to be bound by the revised Terms. If you are not in agreement with the new terms, please stop using the Services.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Petzila may assign any rights and licenses granted without restriction. Any attempted transfer or assignment by you shall be null and void.
C. Entire Agreement/Severability.
These Terms, amendments, modifications, or additional agreements that you enter into with Petzila in connection with the Services, shall constitute the entire agreement between you and Petzila concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
D. No Waiver.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Petzila’s failure to assert any right or provision under these Terms shall not constitute a waiver of such term, right, or provision.
E. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws or principles. We each agree to submit to the personal jurisdiction of a state court located in San Jose County, California or the United States District Court for the Northern District of California, for any actions.
Our Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
The Services may include advertisements, which can be targeted to your User Content or information provided by you, or based on other information. The types and extent of advertising by Petzila on the Services are subject to change. In consideration for your access to and use of the Services, you agree that Petzila and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
4. Your Content
You retain all rights in, and are solely responsible for, upload and posted User Content to the Services. By using the Services, you grant Petzila and the other users of the Services a nonexclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content. The use of your User Content by Petzila shall be for the purposes of operating, developing, providing, and using the Services.
Petzi reserves the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. Examples of unacceptable uses if the Services includes but is not limited to animal violence, cruelty, Content deemed to be obscene, Content in our discretion deemed to promote animal violence or cruelty, Content that violates a person’s privacy, or unlawful, infringing or hateful Content.
Upon termination or deactivation of your account, or your removal of any User Content from the Services, your User Content will be retained for a reasonable period of time for the purpose of backup, archival, or audit purposes. Petzila and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through the Services.
You agree that you are responsible for any activity on your account. You also represent that all information you provide or provided to Petzila upon registration and at all other times will be correct, accurate, current and complete and you agree to update your information as necessary to maintain its accuracy. Further, You agree that You will not solicit, collect or use the login identifiers and passwords of other Petzi account holders.
You agree that you will keep your password secret and secure. You agree not to defame, bully, abuse, harass, threaten, impersonate or intimidate people. You agree not to post private or confidential information though the Services, including but not limited to other person’s credit card information, social security numbers, non-public contact information.
6. Copyright Policy
Petzila expects users to respect the intellectual property rights of others when using the Services. Allegations of copyright infringement that comply with applicable law and are provided to us in the requested manner will be responded to. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is to be removed or to which access is to be disabled, and information sufficient to permit us to locate the material;
(d) your contact information, including your address, telephone number, and an email
(e) a statement by you 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 including fair use defenses; and
(f) 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 copyright owner.
Petzi reserves the right to remove alleged infringing Content without prior notice, at our
sole discretion, and without any liability to you. Petzila also reserves the right to terminate accounts for repeated infringers. Send notice of alleged copyright infringement appearing on the Services to: [email protected]. Alternatively, you can mail the information regarding the alleged infringing Content to our designated copyright agent at:
Atten: Copyright Agent Petzila Inc.
60 S. Market Street, Suite 260.
San Jose, CA 95113
7. Disclaimers and Liability Limitations
Each of the subsections below applies up to the maximum extent permitted under applicable law. This section limits liability of Petzi and Petzilla Inc. officers, directors, employees, agents, representatives, partners, and licensors. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. AS-IS Services.
Any of the Services used or Content access by you is at your own risk. You understand and agree that the Services are provided on a “AS IS” and “AS AVAILABLE” basis for your use. Without any limitation to the foregoing and to the maximum extent permitted under the law, PETZILA INC. DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Petzila Inc. makes no warranty and disclaims all responsibility and liability for:
(i) the completeness, accuracy, availability, timeliness, security or reliability of the
Services or any User Content;
(ii) any harm to your computer system or equipment, loss of data, or other harm that results from your access to or use of the Services or any User Content;
(iii) the deletion of, or the failure to store or to transmit, any User Content and other
communications maintained by the Services; and
(iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Petzila Inc. or through the Services, will create any warranty not expressly made herein.
B. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PETZILLA INC. SHALL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER
INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PETZILLA INC. EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PETZILLA INC. HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.