PLEASE NOTE THE FOLLOWING:
Your approved photo, video, and other submissions, along with your first name and first initial of last name, may be posted not only on the Site, but also on our pages of other social media sites, such as Facebook, YouTube, and MySpace and may be used on other PETSAMI and/or Fishbowl Worldwide Media websites and television programs, such as CuteWinTail.
Given the visibility of your submissions, please take care in the type of information that you include in your submissions. Once your submissions are posted on the site for public viewing, they may be shared by third party users of the site. If you are a director, officer or employee of PETSAMI, Fishbowl Worldwide Media, LLC, or their respective parent, subsidiary or affiliate companies or an immediate family member residing in the same household of any of the preceding persons, you must disclose this relationship when you establish your account. By adding your content to the site, you confirm that you are the owner of the content or have the permission of the original owner to submit the content, that you have the authority to use the content and all its elements, including without limitation the authority and/or consent of everyone who appears in it, and that anyone featured who is under 18 years old is either a member of your immediate family under your authority and/or has granted consent.
available at or through this site, the possibility of our use or display and/or distribution of your content and the possibility of the publicity and promotion from our use or display and/or distribution of your content.
All content, excluding materials where authorship is clearly attributed to PETSAMI (e.g., PETSAMI’s blogs and news pages), is created by our members and PETSAMI takes no responsibility for the accuracy of reviews and other pet-related information. The community is self-policing. We encourage our members to do a lot of research on the site and to report inappropriate content and any advertising language (commercial solicitation). At no time should a member post advertising content on their or others’ profiles. Violating this rule could result in your profile being permanently deleted. Inappropriate content should be immediately reported to email@example.com.
There are a variety of places on the PETSAMI website where members can post reviews, ratings, comments, and other content. Content should be honest and not defamatory and should not infringe upon the intellectual property rights of third parties. Any form of spam or commercial solicitation is strictly prohibited. PETSAMI reserves the right to remove or edit content as deemed necessary. More details concerning what constitutes objectionable content subject to removal may be found below in Paragraph 2. The community is self-policing, and inappropriate content can be reported at any time to firstname.lastname@example.org.
All trademarks, slogans, service marks, trade names, and trade dress are proprietary to PETSAMI and/or our licensors or licensees. We may change the site or delete content or features at any time, in any way, for any reason. Except as we specifically agree in writing, no content from the site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other site as part of the site, not even as part of a derivative work, except that where the site is configured to enable the download of particular content, you may download one copy of such content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the site or the content, in whole or in part, and (c) do not use the content in an unlawful manner or in a manner that suggests an association with any of PETSAMI’S and/or Fishbowl Worldwide Media’s products, services or brands. Any business use, “re-mailing” or high-volume or automated use of the site is prohibited.
In the event that we offer downloads of software on the site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your limited, personal, noncommercial home use only. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law. More details on PETSAMI’s disclaimers and warranties regarding any Software may be found at Paragraph 6, below.
There are two types of content: Solicited Content and Unsolicited Content. “Solicited Content” means content (a) that we expressly request or enable you to provide to us via any feature or activity on the site for our review or display and/or distribution and possible specifically defined consideration or compensation explicitly offered by us (collectively, “Consideration”) (such as prizes or other value in games, sweepstakes, contests and promotions, or the chance to have your content featured on our television program(s)); or (b) that you add to the site for which you do not seek Consideration. “Unsolicited Content” is any and all content that does not fall within subparagraphs (a) or (b) of this paragraph.
Our long-standing company policy does not allow us to accept or consider Unsolicited Content so please do not add Unsolicited Content to the site. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not add any Unsolicited Content. In any event, you agree that any content you add is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).
2. Perpetual Royalty-Free, Worldwide License
By adding content to the site you are transferring ownership of the content to PETSAMI. Said transfer gives PETSAMI the exclusive, fully-paid, royalty-free, licensable and transferable (in whole or part) worldwide right, title and interest in and to this content and the fully-paid, royalty-free, licensable and transferable (in whole or part) worldwide license to all embedded third-party copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such content, in whole or in part, in all media formats and channels now known or hereafter devised (including on websites, cable and broadcast television networks and stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you or the foregoing third-party(ies), with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. This transfer and grant of rights is perpetual, irrevocable, and transferable by PETSAMI, and grants PETSAMI, PETSAMI’s affiliates, and PETSAMI’s sub-licensees the exclusive right to display, reproduce, edit, modify, adapt, publish, translate, and distribute this content nationally and internationally and in any media with or without the name associated with this content or any other form of attribution.
Further to the foregoing, PETSAMI grants to you a limited, nontransferable, noncommercial, personal use license for the purpose of personal use, including using the content in your personal social networking account(s) online. This personal use license permits your use of the content in connection with no more than one (1) account per social networking site. This license does not in any way permit you to license, sell, transfer, or otherwise commercialize the content with any third-party, including without limitation exhibiting and/or distributing the content except as described in this paragraph, and/or using the content or any portion thereof as a submission to any third-party contests.
To the extent that any content you add to the site contains original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or other applicable mechanical, performing rights and/or copyright owners’ society and that all musical compositions (including lyrics) and sound recordings contained in such content are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any rights society, you grant the foregoing license herein with respect to each and every musical composition (including lyrics) and sound recordings contained in such content.
To the extent that we solicit content through features or activities on or through the site (including games, sweepstakes, contests, promotions and the like) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your content); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your content is used by us.
By uploading content to PETSAMI, you are asserting you own or control the rights to the material posted on the site. Further, you are vouching for the content’s accuracy, ensuring it violates no copyright or intellectual property concerns. You indemnify PETSAMI, PETSAMI’s affiliates, and PETSAMI’s sub-licensees from any claims that may arise from posting the content.
PETSAMI cannot and does not assume any liability from content posted by members to the site.
The following content (including but not limited to words, photos, and video clips) will not be tolerated and may result in your profile being deleted at the sole discretion of PETSAMI:
• Defamatory, unlawful, pornographic, abusive material or material PETSAMI finds objectionable due to any potential perceived liability.
• Trademark, copyright, or other intellectual property or identity rights infringements.
• Commercial solicitation.
• Private information (credit card numbers, phone numbers, email addresses, etc.).
That said, PETSAMI is not responsible for any defamatory, unlawful, pornographic, or otherwise offensive material you may find while navigating the PETSAMI website. PETSAMI is not required to screen any content on the site but reserves the right to remove or edit any content without prior notification at any time. We encourage you to report infractions to email@example.com. PETSAMI is not responsible for any loss of data from failure of PETSAMI’s computer systems, storage systems or for any other reason. Members should create back-up copies of their pet information in case any PETSAMI data is lost or removed at any time.
PETSAMI may offer advertisements and promotions on the website. Interacting with these advertisers will be solely your responsibility.
All of the PETSAMI site design including all logs, look and feel, headers, images, content, language, and slogans, data, and software are the proprietary property of PETSAMI and are subsequently protected by U.S. and international copyright laws. This content cannot be used or copied without PETSAMI’s written consent. To request permission, contact firstname.lastname@example.org
Framing or iFraming the website is prohibited.
5. Trademarks & Copyright
PETSAMI is a trademark of Fishbowl Worldwide Media, Inc. The website and its aggregate content, including all logs, look and feel, headers, images, content, language, and proprietary data and software are ©2012 Fishbowl Worldwide Media, Inc. All rights reserved.
Use of the PETSAMI website and the services it provides are at your sole risk. PETSAMI cannot and will not guarantee up-time, accuracy of content, or future features although we will strive to meet our own exacting standards and will encourage the community to be self-policing. The site is in continuing revision and improvement, so bugs and errors should be expected occasionally and reported to email@example.com. Downloading any content from the site will be done at your own risk and PETSAMI is not responsible for any harm that may be done to your computer. Special needs users should consult their physician before using the site.
7. Disclaimers, Indemnification, and Limitation of Liability
PETSAMI cannot and does not assume any liability from user content posted to the site.
SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE, PETSAMI AND/OR FISHBOWL WORLDWIDE MEDIA SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THE SITE IS PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PETSAMI AND/OR FISHBOWL WORLDWIDE MEDIA SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.
Reliance on any information appearing on a PETSAMI Site is strictly at your own risk.
This site may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. The content of this site is intended for educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.
If you have created an account with us you are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all
activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our group undertakings (as defined under the United Kingdom’s
Companies Act 1985), and our and our group undertakings’ licensors, licensees, distributors, agents, representatives and other authorized users, and each of the
foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees,
agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including
settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in
best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense
and control of any matter otherwise subject to indemnification by you.
c. LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP
UNDERTAKINGS’ LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR
SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO THIS SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.
8. General Provisions
a. JURISDICTIONAL AND VENUE ISSUES; GOVERNING LAW
the site shall be filed, and that venue properly lies, only in state or federal courts located in Los Angeles, California, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that content on the site is appropriate or available for use in any particular location. Those who choose to access the site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
of use and shall not affect the validity and enforceability of any remaining provisions.
Supply of goods, services and software through the site is subject to United States export control and economic sanctions requirements. By acquiring any such items
through the site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the PETSAMI site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the United States of America Treasury Department’s Specially Designated Nationals List or the United States of America Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
Upon termination, you must cease use of the site and destroy all materials obtained
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are infringers of
copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.
9. Claims of Copyright Infringement
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Notifications of claimed copyright infringement must be sent to PETSAMI’s Designated Agent via email at firstname.lastname@example.org.
To be effective, the notification must be a written communication that includes the following:
* A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
* A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may at our election give you notice that we have removed or disabled access to certain material by means of a general notice on the site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter notification must be a written communication that includes the following:
* Your physical or electronic signature;
* Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
* A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
* Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which PETSAMI and/or Fishbowl Worldwide Media may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
10. Your Consent and Changes to These Terms