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This Terms of Service Agreement (the "Agreement") controls your access and use of any of the various services (the "Services") made available to you (the "Member") by petsflip. ("Company") through our sites and applications, including, petsflip http://www.petsflip.com, petsflip http://www.petsflip.com, and any corresponding mobile applications or otherwise ("Site(s)"). ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER MAY REGISTER FOR THE SITES. By accessing the services and/or completing the registration process for one of our Sites, you represent that you are 18 years of age or older, and can and will be legally bound by this Agreement. By registering for one of our Sites, you represent and warrant that you are not required to register as a sex offender with any government entity. No Member may participate where doing so would be prohibited by any applicable law or regulation. We have created side summaries to help you easily locate specific terms within this Agreement. These summaries are for reference only and in the event that there is a discrepancy between this Agreement and the language of the side summaries, the Agreement will prevail.
A) Changes to the Terms
The Company reserves the right to change or amend this Agreement at any time, for any reason, or for no reason at all, at the Company's sole discretion. The most recent version of this Agreement will be posted on the Site. Although the Company will provide notice of material changes to this Agreement on the Sites, as a Member it is your sole responsibility to keep yourself informed of any such changes or amendments. Should a Member object to any terms and conditions of the Agreement or any subsequent changes to the Agreement or become dissatisfied with the Company in any way, Member's only solution is to immediately: (1) discontinue use of the Site; (2) terminate their Site registration; and (3) notify the Company of termination.
B) Description of Services
As a Member, you will be provided with a variety of Services, as described on the Sites. Members may also use certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. The Company reserves the right to enhance, change, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at the Company's sole discretion, with or without notice to Members, and with no obligation to Members.
C) Member Conduct
Use of the Services by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. The Company reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does the Company guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, the Company, at its sole discretion, may terminate your access to and use of the Services, require you to correct such violation, and/or take any other actions that the Company deems appropriate to enforce its rights and pursue all available remedies. Without limitation, the Company reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
Members shall not engage in any harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking.
Members shall not list the email addresses of people unknown to them.
Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
Members shall not list as referrals any email addresses which are owned by or belong to that member.
Members shall not attempt to interfere with any other person's use of the Services.
Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a Company employee, forum leader, guide or host.
Members shall not falsely represent that they are sponsored by, endorsed by, or affiliated with a Company website.
Members shall not use any portion of the Company Site or the Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation.
Members shall not use any portion of the Company Site or Services to post, upload, email, transmit or otherwise make available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
Members shall not engage in any activity that is clearly offensive or promote or otherwise encourage racism, bigotry, hatred or physical harm of any kind against any group or individual.
Members shall not use any portion of Sites or Services to post, share, promote, depict, encourage, solicit or exchange Content Harmful to Minors.
Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
Members shall not post content that displays pornographic or sexually explicit material of any kind.
Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
Members shall not attempt to gain unauthorized access to the Company's database or other computer systems.
Members shall not attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Company in connection with the Sites or Services.
Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Sites or Services.
Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraphs #1 through #18 above.
Members shall not use any portion of the Sites or Services for any unlawful purpose.
Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
Members shall not post any contact information on Profile pages, Groups or Newsfeed. Contact information includes email addresses, instant messenger IDs, phone numbers and physical addresses.
Members shall not publicly post information that poses or creates a privacy or security risk to another person.
Members shall not attempt to buy Gold outside of the petsflip.com website
Members shall not attempt to sell petsflip Gold
Members shall not attempt to sell a user account associated with one of the Company Sites.
All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of the Company and its designees. The Company has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the Sites and Services. The Company and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of the Company. The Company is not obligated to provide a Member with a warning prior to removal.
E) Document Retention Schedule
All personal information collected by the Company in connection with your use of our Sites, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, IP addresses and other data, may be stored by the Company indefinitely and will be stored in a safe and secure manner.
F) Notice Regarding Commercial Email
MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM THE COMPANY, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY THE COMPANY FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
G) Member Account and Password
Once Member registers for a Site, Member will have a password and an account with the Site. Member is responsible for keeping the Member's password and account confidential. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify the Company of any unauthorized use of Member's account or any other breach of security known to Member.
You may purchase virtual currency for use solely on the petsflip site ("Gold"). Purchases or other acquisitions of Gold provide only a limited, non-transferable, non-sublicensable, fully-revocable license to use such Gold to access Services that we expressly make available for use with such Gold for your personal non-commercial use. Gold is redeemable only on the petsflip site for petsflip digital merchandise and content. Gold does not expire. Gold is non-refundable. Gold has no monetary value and does not constitute currency or property of any type. Gold is not transferable or assignable. You will not be entitled to a refund, money or any other compensation for unused Gold and virtual items when an account is closed, whether such closure was voluntary or involuntary.
You may use Gold to purchase Gifts for other users. The price for each Gift will be displayed at the point of purchase. Gifts constitute a limited license to access a certain feature on the petsflip platform when, as, and if allowed by petsflip. All sales of Gifts are final and petsflip does not offer refunds for any purchased Gifts. petsflip is not responsible for repairing or replacing Gifts, or providing you with any credit or refund in the event that petsflip modifies, suspends, or terminates the Gift program, or for loss or damage due to any service error, or any other reason.
Gifts purchased or received by any user do not constitute property and are not transferable.
I) Stars and Cash Out
Each user who receives a Gift from another user during a video broadcast will get a number of Stars as determined by Company. By the end of 2017, Company intends to offer a cash-out option with respect to Stars. When Company enables said feature, users will be able to redeem Stars for cash, provided that a user must cash out at least two hundred dollars ($200) worth of Stars for each request, and may cash out only once per day. Company may change the cash-out minimum increments and frequency from time to time, and it reserves the right to do so. Company will also determine the rate of redemption in its sole discretion and it may change the rate from time to time. The rate will be displayed at the point of redemption. You agree that Company has the absolute right to manage, modify, and/or eliminate such redemption feature in its sole discretion. The cost of the Gifts that you give to another user may not correlate to the revenue such user is entitled to receive from Company.
Company intends to use a third-party vendor (Tipalti, Inc.) for cash redemption, and users wishing to redeem Stars for cash must 1) have a valid PayPal account, 2) must agree to said vendor's terms of service, as well as its policies and procedures, and 3) bear any charges that said vendor may impose. User understands that all information submitted during the cash out process will be stored by vendor on vendor's servers, and will not be under the control of Company. User understands that Company has no control over our third-party vendor's practices and user releases Company from any and all liability associated with information submitted to Company's third party vendor, including, without limitation, liability related to the unauthorized release or use of user's information. Company reserves the right to verify your identity and eligibility to receive cash redemptions prior to payment.
All Stars in your account are forfeited if you delete your account or your account is terminated for any reason.
All users who redeem Stars are solely responsible for the reporting and payment of any taxes due on the amounts redeemed.
J) VIP Membership
You may decide to upgrade your membership to VIP status for an additional monthly cost. If you choose to become a petsflip VIP, your membership will automatically renew on a monthly basis. If, at any point, you wish to discontinue your VIP membership, you may do so at your convenience. If your VIP membership account is billed through our website, you must visit http://www.petsflip.com/account_info.html, click the Subscriptions and Payments tab, select 'cancel your subscription' and click 'Cancel VIP'' at least 3 days prior to your next scheduled automatic payment so that we can process your cancellation properly. If your VIP membership account is billed through iTunes, you must cancel at least 24 hours prior to your next scheduled automatic payment, by following the process outlined here. If your VIP membership account is billed through GooglePlay, you must cancel within 7 days from the start of your billing cycle, by following the process outlined here.
The Company may offer Sites and Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Sites and Services that are accessible on or through the Mobile Applications. If you use the Sites and Services on a mobile device, you agree that information about your use of the Sites and Services through your mobile device and carrier may be communicated to us, including but not limited to the identities of your mobile carrier or your mobile device, or your physical location. Although we provide our Sites and Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.
L) Copyrights, Trademarks, Patents and Intellectual Property Rights
Member acknowledges that messages, files or other materials ("Content") contained on the Sites and within the Site email messages, and third party advertisements on the Sites and distributed via email, of a commercial nature and presented to Member by the Company and the Sites and Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use the Company Content or third party Content only as expressly authorized by the Company or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the Site Content or third party Content without expressly being authorized to do so by the Company or the third party advertiser. Member may make a copy of the Site Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although the Company does not claim ownership of content that its Members may provide to the Company, by providing content to the Company, Members automatically grant, and represent and warrant that they have the right to grant, to the Company a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicensable, license to use, copy, perform, display, and distribute said content.
The Company respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the Company's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at:
Please provide our Agent with the following Notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website;
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 declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
The Company's Agent will forward this information to the alleged infringer. It is Company's policy to terminate the accounts of repeat infringers.
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and the Company agree that, except as otherwise specifically provided in this Agreement, you and the Company shall seek to resolve any and all disputes between the Company and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, "Claims"), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures set forth in this Agreement. Such disputes shall include without limitation:
disputes arising out of and/or otherwise relating to any Services and/or any content on our Sites;
disputes arising out of and/or otherwise relating to any information, communications and/or other material that you and/or any other person and/or entity provide to and/or through the Site;
disputes arising out of and/or otherwise relating to any information and/or other material that is collected, stored and/or disseminated by, on behalf of and/or with the approval of the Company;
disputes arising out of and/or otherwise relating to any advertising and/or other communications by the Company in connection with our Sites;
disputes that are the subject of purported class action litigation in which you are not a member of a certified class;
disputes that arose before you entered into this Agreement and/or any prior version of this Agreement;
disputes that may arise after you terminate your registration with our Sites; and
disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
Despite the language agreed to above and as an alternative to arbitration, either you and/or the Company may bring an individual action against the other in small claims court. Additionally, you and/or the Company may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against the Company on your behalf, and/or against you on the Company's behalf.
You agree that you and the Company have voluntarily and intentionally waived any and all right to a trial by jury, and (except as otherwise specifically provided in this Agreement) any and all right to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute provision. This Dispute provision shall survive termination of this Agreement.
For you or the Company to initiate arbitration against the other party it must first send by certified mail to the other party a written Notice of Dispute ("Notice"). The Notice must identify and detail the nature of the party's Claim, the basis for that Claim, and the specific relief being sought for that Claim, including, without limitation, any Claim for injunctive relief. For the parties' convenience, a form for providing Notice is available at http://www.petsflip.com/disputeresolution_forms.html to download and complete. A Notice being sent to the Company must be addressed to: Dispute Resolution Department, petsflip., Attention: General Counsel, 100 Union Square Drive, New Hope, PA 18938 ("Company Notice Address"). A Notice being sent to you shall be sent to the e-mail address associated with your Site account and to any other e-mail address provided in your registration (collectively, "Member Notice Address"). You may also opt to receive a copy of any Notice via mail by sending a written request to the Company Notice Address including your name, postal address, Member Notice Address and Site User ID number (UID).
After receipt of the Notice you and the Company must attempt in good faith to resolve the dispute set forth in the Notice. If you and the Company are not able to resolve the dispute within 30 days after the Notice is received, then you or the Company may initiate an arbitration proceeding against the other by downloading and completing the "American Arbitration Association ("AAA") Consumer-Related-Disputes Form-California (For Use Only In California)" demand for arbitration form available at Demand for Arbitration ("Demand"), and sending a copy of the Demand to the AAA, together with a copy of the Site Terms of Service and a check or money order payable to the AAA in the amount of the appropriate filing fee, and sending a copy of the Demand to the other party. The copy of the Demand being sent to the AAA must be addressed as stated on the Demand. A copy of the Demand being sent to the Company must be addressed to the Company Notice Address. A copy of the Demand being sent to you shall be addressed to the Member Notice Address.
Please note AAA does not provide the Company customer support and is only able to provide information regarding initiating an arbitration proceeding against the Company. All concerns regarding your account should be addressed to the Company by submitting a Ticket. The Company will try to resolve your concern, and in the case that you are not satisfied with the resolution you may choose to follow the process outlined on the Dispute Resolution Page.
The arbitrator may award any form of individual relief in your favor, but solely to the extent warranted by your individual Claim. You and the Company agree that, except as otherwise specifically provided in this Agreement, you and the Company may bring a Claim against the other solely in your or the Company's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, except as otherwise set forth herein, no arbitrator may consolidate more than one person's Claim and/or otherwise preside over any form of a representative or class proceeding. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.
AT ANY TIME AND IN ITS SOLE DISCRETION THE COMPANY MAY DIRECT THE AAA TO CONSOLIDATE ANY AND ALL PENDING INDIVIDUAL ARBITRATION CLAIMS THAT (i) ARISE IN SUBSTANTIAL PART FROM THE SAME AND/OR RELATED TRANSACTIONS, EVENTS AND/OR OCCURRENCES, AND (ii) INVOLVE A COMMON QUESTION OF LAW AND/OR FACT WHICH, IF RESOLVED IN MULTIPLE INDIVIDUAL AND NON-CONSOLIDATED ARBITRATION PROCEEDINGS, MAY RESULT IN CONFLICTING AND/OR INCONSISTENT RESULTS. IN SAID EVENT, YOU HEREBY CONSENT TO CONSOLIDATED ARBITRATION, IN LIEU OF INDIVIDUAL ARBITRATION, OF ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE COMPANY AND THE AAA RULES SET FORTH HEREIN SHALL GOVERN ALL PARTIES. Additionally, in said event, if the arbitrator issues you an award that is greater than the value of Company's last written settlement offer to you then the Company shall:
pay you the amount of the award or three times the amount of the Company's last written settlement offer to you (the "Member Incentive"), whichever is greater; and
pay your attorney, if any, twice the amount of any fees, and reimburse said attorney any expenses (including expert witness fees and costs), that said attorney reasonably and actually accrues in investigating, preparing and pursuing your Claim against the Company in the arbitration (collectively, the "Attorney Incentive").
However, if the Company did not make any written settlement offer to you prior to the arbitrator in said consolidated arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against the Company, then you shall be entitled to receive the award and/or $500, whichever is greater, and your attorney (if any) shall be entitled to receive the Attorney Incentive. As also noted above, the arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the consolidated arbitration and/or upon request by you and/or the Company made within 14 days of the arbitrator's ruling on the merits of said arbitration. Similarly, the Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the consolidated arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If the Company prevails in a consolidated arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, the Company hereby agrees that it shall not seek and shall refuse to receive such an award. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.
Notwithstanding any provision in this Agreement to the contrary, you agree that if the Company changes this Disputes provision in the future (other than a change to the Company Notice Address and/or any Internet address, telephone number and/or document title set forth in this provision) you may reject that change by sending written notice within 30 days of the change to the Company at the Company Notice Address. By rejecting said change you reaffirm that you shall seek to resolve all disputes between you and the Company solely through arbitration in accordance with this Agreement.
If there is a dispute between participants on this site, or any third party, the Company is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases the Company and its directors, officers, employees, agents, independent contractors, representatives, parents, subsidiaries, affiliates, successors, assigns and licensees from all claims, actions, losses, liabilities, judgments, damages, costs and expenses of every kind or nature (regardless of whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed), arising out of or in any way related to such disputes and/or any the Services. If Member is a California resident, Member hereby waives California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
Either party may terminate use of the Company website or the Services with or without cause at any time and effective immediately upon written notice to the other party. The Company may terminate with or without cause at any time and effective immediately, at the Company's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. the Company shall not be liable to Member or any third party for termination of use of our Sites or Services. Member's right to use the Sites or the Services shall cease immediately. Member shall have no right and the Company will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.
O) DISCLAIMERS OF WARRANTIES
MEMBER AGREES THAT USE OF THE COMPANY SITES AND SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE COMPANY SITES AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE COMPANY SITES AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SITES OR SERVICES ACCESSED THROUGH ANY LINKS ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE THE COMPANY SITES OR SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
P) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE AS A RESULT OF MEMBER'S USE OR MISUSE OF THE COMPANY SITES OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE COMPANY SITES OR SERVICES, FROM INABILITY TO USE THE COMPANY SITES OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE COMPANY SITES OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THE COMPANY SITES OR SERVICES OR ANY LINKS ON THE COMPANY SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THE COMPANY SITES OR SERVICES OR ANY LINKS ON THE COMPANY SITES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Member agrees to indemnify and hold the Company, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement or use of the Services. Member agrees to hold the Company harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.
R) Governing Law
The Agreement and the relationship between Member and the Company shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and the Company nevertheless agree that the court should strive to give effect to your and the Company's intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to the Company Sites, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Company makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.
The Agreement makes up the entire agreement between Member and the Company and governs your use of Sites and the Services, superseding any prior agreements between Member and the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not result in a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. In the event there is a discrepancy between this English language version and any translated copies of the Site Terms and Conditions, the English version shall prevail. The side summaries within this Agreement are for reference only. In the event that there is a discrepancy between the full terms of this Agreement and the language contained within the side summaries the full version of the Agreement shall prevail.
Users with questions about these Terms of Service and any of the above statements may contact the Company by writing to: petsflip.
In order to access or register for our Sites you have to agree to the rules in this Agreement.
You have to be at least 18 years old to use the Services.
These side summaries are for your reference, so that you can easily find information within the Agreement.
Please read the entire Agreement to your left for all details governing the use of the Services.
We can change the terms of this Agreement at any time.
We will provide a notice on the site if there is a major change.
It is your responsibility to ensure that you are aware of any changes.
If you disagree with the current rules or any changes to the rules you should cancel your account.
You can view our Services and features on the website.
We can change or discontinue the Services and features offered on the site at any time.
If you engage in prohibited behavior we may suspend or cancel your account.
We have the right to monitor your account and any of your content, communication or behavior associated with that account to ensure that you are following the rules.
We may terminate your account if we find that you are in violation of any of our rules or if we find that you are engaged in prohibited behavior.
You shall not engage in harassment or stalking.
You shall not provide any information that is false or belongs to another person.
You shall not pretend to be someone that you are not.
You shall not use this site to sell or advertise anything without written permission from us.
You shall not send spam or junk mail.
You shall not use any abusive language.
You shall not post any illegal content or participate in any illegal activity.
You shall not post pornographic or other inappropriate material.
You shall not provide information instructing others on how to commit illegal acts.
You shall not attempt to access an account or information that does not belong to you.
You shall not attempt to impair the Services.
You shall not collect personal data about other Members.
You shall not try to gain access to another user's account.
You shall not attempt buy or sell Gold or user accounts.
We will solely decide whether you violate any guideline and may prevent you from uploading content, may delete your content and your entire account.
We can choose to store certain data for an infinite amount of time.
You agree to receive commercial messages from us.
Don't share your password or login information.
Gold is virtual currency that can only be used on the petsflip site for petsflip Services.
You are not allowed to buy Gold outside of the petsflip website.
You are not allowed to sell or give away Gold.
Purchases of Gold are not refundable, even if your account is cancelled.
We offer a VIP membership at a monthly cost.
If you access our Services through your mobile phone, your mobile phone company may charge you for use of data. You are responsible for these charges.
When you use your mobile phone we may collect additional information, including your location.
Our content is protected by certain rights, including copyrights, trademarks, service marks, patents, etc.
You may not use our content outside what is allowed by these terms.
We do not allow infringement of a copyright holder's rights. Any known infringement should be reported to us.
You may not post content unless they have the right to grant us rights to the content.
We do not allow infringement of a copyright holder's rights. Any known infringement should be reported to us.
Please notify us of any copyright infringement by contacting us directly.
Please provide the requested information so that we can take necessary action and remove the infringing content.
You agree to resolve all disputes with us through arbitration.
In addition to arbitration, you or the Company may file a claim in small claims court or bring a claim to the attention of the federal, state or local government.
You and the Company waive any rights to trial by jury and all rights to participate in a class action.
Before beginning the arbitration process either you or the Company has to provide a notice to the other party.
You must mail the notice to the Company. The Company may send the notice to your email address.
After receiving notice we will both try to resolve the dispute.
If we cannot reach an agreement within 30 days, then you or the Company can start the Arbitration process.
Arbitration will be conducted by the American Arbitration Association (AAA).
You may submit a request for payment assistance to the Company.
The Company will provide assistance with payment of arbitration fee if you are unable to pay and otherwise qualify for the assistance.
The arbitration will be conducted by the AAA, under their rules.
All arbitrations will take place in San Francisco, California.
If the amount in dispute is less than $10,000, you may choose to conduct the arbitration by phone or through document submission.
If your claim is for $10,000 or less you may be entitled to have us pay for all the arbitration fees.
Until the arbitrator issues a monetary award neither you nor the Company will disclose any settlement offers to the arbitrator.
If an arbitration results in an award to you that is greater than our last written offer, you may be entitled to receive additional fees from us.
If we did not make any written offer and an arbitrator issues an award you and your attorney may be entitled to receive additional awards.
You and and the Company agree that any claims brought will be solely on behalf of you or the Company and not as part of a class action.
We may request the AAA to combine related arbitration claims from members when such claims are related.
If the AAA grants you an award that is higher than the last written settlement offer from us, if any, you may be entitled to additional fees from us above the amount of the award granted by the AAA.
If we did not make any written settlement offer prior to arbitration you may also be entitled to receive additional fees.
If we change this Dispute provision you may reject the change by a written notice to us and reaffirm that you and the Company will only resolve disputes through arbitration.
We are not required to become involved with disputes between you and any other participant on the site.
We will not be responsible for any disputes between you and another participant on the site.
We have the right to cancel your account for any reason or without a reason.
We will not be required to provide you with copies of your account content once your account is cancelled. This may include photos, videos and messages.
We are providing services on an "as is" basis and makes no promises that the site or its services are intended to fulfill a particular purpose.
We are not responsible for any goods or services received through, advertised or otherwise displayed on the site.
We will not be responsible for any damages resulting from your use or misuse of the site.
We will not be responsible for any damages resulting from services or products advertised or displayed on the site.
If your breach of this Agreement results in a dispute involving the Company and related parties, you will be responsible for any attorney's fees, court costs, penalties, monetary payments due and any other required action that is required to correct the injury resulting from your breach.
If there are any disputes between you and the Company, they will be governed by California law and this Agreement will be interpreted under California Law.
Any claims filed by you related to this Agreement must be filed within 1 year of the incident.
This Agreement governs your use of the Site.
You may also be subject to additional rules from our affiliate services that may apply to third-party content or software.
These side summaries are for your reference only. Please read the entire agreement to your left for all details governing your use of our Sites.
How Our Service Works
Who is Eligible to Use the Services
To use the Services, you must be 18 years of age or older. If you are under age 18, you may only use the Services with the involvement of a parent or legal guardian. By registering on the Services, you represent and warrant that you are not required to register as a sex offender with any local, state or federal government entity. No User may participate where doing so would be prohibited by any applicable law or regulation.
Children and Safety
The Services are a general audience website for Users who are 18 years of age or older. The safety and privacy of children is extremely important to the Company and we use the safeguards described below to protect children.
Our registration process is designed to restrict children under age 18 from becoming Users of the Services without the involvement of a parent or legal guardian, through use of an age gate mechanism on the registration page. If we receive information suggesting that a User of one of our Sites is under age 18, we require the User to provide evidence, the nature of which is determined by the Company, confirming that the User is at least 18 years old, and we reserve the right to suspend the User's account while we review the evidence and verify the User's age. If the User fails to provide such evidence within 48 hours, we may terminate the User's account and delete all personal information displaying on the Services.
For more information about protecting your privacy, please visit the Federal Trade Commission's web site. In addition to the previously mentioned safeguards for the detection and removal of Members under the age of 18, we have a process for parents to contact the Company directly so that we can take the proper steps required to be in compliance with the Children's Online Privacy Protection Act (COPPA).
We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Services and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at Member Services, petsflip, submit your request here, or email firstname.lastname@example.org.
Parents: If your child is under the age of 13 and has joined the Services using a false age, please notify us at email@example.com, and we will terminate your child's account and delete all personal information displaying on the Services. If you would like to know more about our site, stored information about your child, or how to terminate your child's account, please send your request by mail to Member Services, petsflip, submit your request here, or email firstname.lastname@example.org.. We will happily respond to all communications from parents with privacy questions or concerns.
Information We Collect and How We Use That Information
When you register to become a User, you will be asked to provide us with some personal information, which may include, without limitation, your first and last name, gender, email address, a home or other physical address, (or country and city), profile picture, date of birth and other contact information ("Personal Information"). You may also be required to select a password for accessing your account. To complete the registration process, we send you a validation message. Once you receive the validation message, you must follow the instructions so that we can authenticate your identity and registration. If you register using our mobile application you will have the option to use our "nearby" feature, which will allow you to search for your GPS location and will fill in your country and city on the registration form.
The Company's Use of Your Information
The Company uses certain of your personal information to enable you to interact, or to enhance your experience, with the Services and their features. The Company allows Users to provide information to a personal profile that is accessible to other Users. We publicly display some of your personal information, such as your picture and name, in your User profile. To make searching and finding other users on the Services easier we may allow Users to search for other Users using a first and last name or an email address. If you opt into sharing your location through your mobile device, we may display your location within your profile. We may update your location to the city and state associated with the location of your mobile device upon each login. In addition we may display your distance from other users within our Browse feature.
All registered Users will be able to view any personal information that you disclose in your public profile, including, without limitation, your photos and videos, which may include personal information (including responses to survey questions). For your privacy and safety, please do not post direct contact information in your profile, such as your email addresses, URLs, instant messenger IDs, phone numbers, full names, or mailing addresses. Posting of such information to Profile pages shall be considered a violation of our Terms of Service. We also caution you not to share sensitive information (such as full names, social security numbers, credit card numbers, and driver's license numbers) with other Users whom you do not know well, or place such information in your profile. Be aware that when you publish content or information on the Services you are allowing everyone, including non-Users and people off the Services, to access that information and to associate it with you.
We use your profile information for the purposes of providing our services to you, such as to analyze demographics, to better personalize our various offerings for you and other Users, and to enable other Users to find your profile. We also use your email address to communicate with you about the Services and its features. From time to time, we may share your email address and/or other personal information with third parties for marketing purposes. You can opt out of having your email address shared with third parties for Company's marketing purposes by sending your request by mail to Member Services, petsflip or by emailing email@example.com.. In addition, we may share your email address with third parties to target advertising and to improve your user experience on the Services. We also may use the email addresses that are in your address books, or that you otherwise provide, to invite your friends to join the Services, as detailed in the Invitations section below.
Information That You Share When You Use Our Sites
When you use our Services, we store certain information that you may actively or passively share or disclose, including your User ID, name, location, email address, photos, videos, friend connections, incoming and outgoing messages, incoming and outgoing comments and login information. When you visit particular pages within a Site, you may be allowed to customize features on those pages and we may keep track of your customized preferences. We also use various technologies to remember you and create a more personalized experience for you on the Services, as detailed in the Clickstream Data, Cookies and Other Technology section below. We also track your use of the Services, including the pages that you visit once you sign in, how much time is spent on each page, features that you click on and other behavior. We use this information to improve our Services and may also share this information with third parties for the purposes of enhancing your user experience.
Device Information, Cookies and Other Technology
We receive different types of data from or about the computers, phones or other devices where you install or access our Services. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we may collect:
â€¢ Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers. â€¢ Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals. â€¢ Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.
A cookie is a small piece of data that is sent by our Services or its advertisers to your Internet browser and stored on your computer's hard drive, and that delivers information about you and your activity on the Services. Pixel tags are tiny graphic files that can function in various ways (such as allowing us to track how you view an email that we send you) and are commonly used in conjunction with cookies. Local storage is similar to a cookie but is instead located on your browser and can store more information.
Like many other services, we use the information we receive and technologies such as cookies, pixel tags and local storage to allow enhanced features, enable customizable content, and provide you with the best possible user experience. We may also share your information and information collected from cookies, pixel tags and local storage with our vendors and partners for the purposes of enhancing your user experience.
You can configure your Internet browser, to accept all cookies, reject all cookies or notify you before accepting a cookie. Many Internet browsers also allow you to disable local storage or delete information contained in local storage. Each Internet browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. For information on disabling or deleting information contained in local storage, please click here. If you choose not to accept cookies and/or to disable or delete local storage, be aware that you may not be able to access and enjoy all the features of the Services.
From time to time we may extend to you information and offers from our partner companies, including news and additional details on products and services. Your usage history may result in offer screens or products specifically tailored to you. We may also produce reports for advertisers that aggregate, in an anonymous manner, information about your and other Site users' activity on the Services. For example, we may report to advertisers the number of Users who clicked on an ad, or the number of Users that visited different portions of the Services. This information will not include your personal information, or specify your individual online usage patterns.
We collect your location when you register for our Site and each time that you log in on a mobile device, if you grant us permission to do so. In your profile and privacy settings, you can control whether other users see your log in location, identified as a city or state or as a distance from another user. We may still use your location (such as for advertising purposes) even if you choose not to display it to other users.
Information That We Receive From Others