These Terms & Conditions (“Terms”), sets forth the terms and conditions for your use of the Application and its related services. The Terms constitute a legally binding agreement between you and Community Pets.
Please read these Terms carefully. By using the Application, you agree to be bound by and comply with the Terms, which may be updated from time to time. You also agree to our privacy policy and any other policies we post on Community Pets.
These Terms incorporate by reference Community Pets
Privacy Policy.
Please read the Privacy Policy carefully as you agree to its terms when
you use the Application.
You may access and view the Content on your computer or other device. Any
and all text, audio/visual content, photographs, images, graphics, user
interfaces, materials and all other copyrightable or otherwise legally
protectable elements of the Application, including, without limitation,
the design, look and feel, and selection and arrangement of the
Application (together, “Content”) is protected and owned by Community
Pets.
Unless otherwise specified with respect to certain Content, you may only
reproduce Content for personal, non-commercial purposes, provided that you
do not remove any copyright, trademark or other proprietary notices from
the Content. Otherwise, you may not use any of the Content without prior
written authorization from Community Pets. To request such permission,
please contact support.
The Application and all of this original content are the sole property of Community Pets and are, as such, fully protected by copyright and other intellectual property rights law
The Application may make certain services available related to finding a lost pet, posting information about a found pet (“Services”) and allow you to set up an account or become a registered user to access the Services.
To register for an account you must be at least 13 years old, you may
register to become a registered user through the Application (“Registered
User”). If you know a user is under the age, please report them to us.
You are responsible for anything that occurs when anyone is signed in to
your account, as well as the security of the account. If you believe your
account is compromised, you must contact us immediately.
We reserve the right, in our sole discretion, to suspend or terminate any Registered User at any time without any advance notice if we suspect that you have not complied with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including, but not limited to, if we suspect you are using or attempting to use the Application in any way that violates these Terms or any applicable laws or regulations.
The Application may offer features that allow you to upload photographs of
your pet, a pet you have found, share information about you and such pet
(collectively, “User Content”).
If you submit User Content to the Application, you grant Community Pets an
irrevocable, non-exclusive, worldwide, royalty-free, unrestricted license
(with the right to sublicense the rights) to reproduce, distribute, create
derivative works of, and publicly display and perform User Content in
whole or in part in any media now known or later developed.
When you submit any User Content, you represent and warrant that:
(A) you have the right and authority to submit it (for instance, you took
the picture of your pet) and you have obtained all rights and consents
necessary to grant this license;
(B) all User Content is accurate;
(C) User Content does not and will not violate any third party’s
copyright, trademark, patent, trade secret, right to privacy or publicity,
or any other proprietary, personal, or other right of any kind;
(D) you are under no obligation that would in any way interfere with the
disclosure or use of User Content; and
(E) no User Content contains any material or information considered
confidential or provided with the understanding that it would not be
disclosed or published.
You irrevocably release (on behalf of yourself and your successors,
assigns, heirs, family members, and executors with respect to User
Content) Community Pets and its subsidiaries (and their respective
directors, members, managers, officers, employees, representatives,
agents, affiliates and partners) (collectively, the “Community Pets”) from
any claim of any nature that you have or may ever have (based on any cause
of action, including rights of publicity or privacy, trademark or service
mark, copyright, “moral rights,” false light, libel, defamation, false
advertising, or intentional or negligent infliction of emotional distress)
arising out of your use of the Application or our use of any User Content
or your name, likeness, or other identifiable traits in connection with
User Content. You are solely responsible for any User Content you submit
to the Application. We do not endorse or adopt any User Content. We have
no obligation to pre-screen, monitor, edit, supplement, or delete User
Content, but we reserve the right to do so at any time without notice to
anyone. We have no obligation to display or otherwise use any User Content
in any way. We may restrict you from submitting new User Content or from
otherwise participating in Application’s interactive features for any
reason at any time. We are not responsible for any failure or delay in
removing User Content that does not comply with these Terms.
Some User Content on the Application may be in the form of messages, comments, questions or answers related to Content in direct messages with us, our animal welfare and shelter partners, or other Registered Users. We expect Registered Users of the Application to exhibit the respect and civility for others and to practice discretion on the Application.
Community Pets maintains a set of posting guidelines to foster a positive, safe, and helpful community environment. In the event of a violation of any of the following guidelines, we reserve the right to remove content or ban users from Community Pets and Community Pets social properties (e.g. Facebook or Instagram pages). Posting Guidelines:
COMMUNITY PETS, our logo, and other trademarks used on the Application are
trademarks owned by us or our licensors (“Our Trademarks”). You may not
use Our Trademarks without prior written authorization from us or our
licensors, as applicable. Additionally, you may not use Our Trademarks:
(A) in connection with any product or service that does not belong to us;
(B) in any manner that is likely to cause confusion about whether we are
the source, sponsor, or endorser of a product, service, or activity; or
(C) in any manner that may damage our reputation.
We respect the copyright and other proprietary rights of third parties.
However, in cases where the Application accepts User Content, we cannot
monitor all User Content submitted to the Application. The Digital
Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet
infringes their rights under copyright law. If you believe in good faith
that any material posted on the Application infringes your copyright, then
you may request the removal of those materials from the Application in
accordance with the Copyright Act, and the procedures described below. A
notice of infringing material that complies with the Copyright Act,
(“Notice”) must be sent to the agent we have designated with the Copyright
Office:
Jeanine Coetzer
Senior Associate
t: +27 12 676 1061 | f. +27 12 676 1100 | j.coetzer@spoor.com |
www.spoor.com
Your Notice must be in writing and include the following:
(1) A physical or electronic signature of the person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works are covered by a single notification, a
representative list of such works;
(3) 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;
(4) Information reasonably sufficient to permit us to contact you, such as
an address, telephone number, and, if available, an electronic mail
address at which you may be contacted;
(5) A statement 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; and
(6) A statement that the information in the notification is accurate and
made under penalty of perjury, and that you are the owner, or authorized
to act on behalf of the owner, of an exclusive right that is allegedly
infringed. If you believe, in good faith, that someone has wrongly filed a
notice of copyright infringement against you, the DMCA permits you to send
Community Pets a counter-notice. Notices and counter-notices must meet the
then-current statutory requirements imposed by the DMCA. See
http://www.copyright.gov for details
Unless you obtain our prior written consent, you may not: (A) frame the any Content on any other Application; or (B) use metatags or any other “hidden text” that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name.
Certain parts of the Application may be accessed and used without charge.
For use of certain Services, you are required to pay applicable fees which
may change from time to time subject only to your right to terminate such
Services in accordance with the terms thereof. Fees vary by Service. You
are responsible for payment of all applicable fees incurred by your
Application account. All fees due from you to us hereunder, including to
the extent applicable, quarterly subscription fees, annual subscription
fees, one-time product purchase fees, recurring fees, quarterly and annual
renewal fees, third-party fees, applicable taxes, and charge-back fees are
referred to herein as “Service Fees”. A full breakdown of applicable
Service Fees is available upon request, including advertising/service fees
spent through social media (e.g. Facebook or Instagram).
You agree that we may charge all Service Fees to the payment method (e.g.,
credit card, PayPal account, debit card, etc.) you have provided in your
Registration Information. You are responsible for the timely payment of
all Service Fees at the time the Services are ordered by you. It is your
responsibility to notify us if your payment method has changed by making
the appropriate changes to your account settings. If you do not provide a
valid payment method, or if your designated payment method is determined
by us to be inactive for any reason, we may immediately discontinue
providing Services to you. Purchases will appear on your credit or debit
card statements as “COMMUNITY PETS*.” You agree not to cause your credit
or debit card company to reverse or “chargeback” any Service Fees charged
in accordance with these Terms and Conditions; and in the event you do so,
we may terminate your use of the Site and Services, and you agree to
reimburse us for any costs incurred in responding to such chargeback,
including, without limitation, our actual costs paid to the credit or
debit card company, including chargeback fees, and the value of the time
our employees spend on the matter as determined in our discretion in good
faith.
Automatic renewal of premium subscriptions can be cancelled at any time with no notice. Once cancelled, the subscription will not renew with the next billing cycle.
THE APPLICATION AND ALL SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT,
INCLUDING, BUT NOT LIMITED TO, ANY PET IMAGES AND ASSOCIATED PET
INFORMATION, ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT
THAT THE APPLICATION OR ANY OF THE SERVICES, CONTENT, AND LINKS AVAILABLE
THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS,
OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT OR SERVICES AVAILABLE
THROUGH THE APPLICATION. ALL PET IMAGES AND ASSOCIATED INFORMATION IS
PROVIDED BY THIRD PARTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT
OF ANY CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITE OR CONTENT OR
SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES, INCLUDING, BUT
NOT LIMITED TO, ANY PET IMAGES OR ASSOCIATED PET INFORMATION OF ANY KIND.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE
APPLICATION, ITS CONTENT AND OUR SERVICES. IF YOU RELY ON THE APPLICATION
AND ANY CONTENT OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT
YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR
IMPLIED WARRANTIES WITH RESPECT TO THE APPLICATION AND ANY CONTENT,
INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED)
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF
VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO OUR SITE, WE
DO NOT GUARANTEE OR WARRANT THAT THE APPLICATION, OR SERVICES OR CONTENT
THAT MAY BE AVAILABLE THROUGH THE APPLICATION, ARE FREE FROM SUCH
DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM
ATTRIBUTABLE TO SUCH FEATURES.
COMMUNITY PETS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED
ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR
INACCURACIES IN THE APPLICATION OR ANY SERVICES OR CONTENT AVAILABLE
THROUGH IT INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY
PROVISION OF THESE TERMS.
UNDER NO CIRCUMSTANCES WILL COMMUNITY PETS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY
DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF
DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION OR
SERVICES AVAILABLE THROUGH THE APPLICATION OR THESE TERMS, REGARDLESS OF
THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
ANY OTHER LEGAL OR EQUITABLE THEORY.
You agree to indemnify, hold harmless, and defend (only if requested) Community Pets against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that the indemnified parties may incur based on claims arising out of your use of the Application or violation of these Terms. We reserve the right to assume the exclusive defence and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.
Community Pets reserves the right to modify these Terms of Service at any
time. We do so by posting and drawing attention to the updated terms on
the Application. Your decision to continue to visit and make use of the
Application after such changes have been made constitutes your formal
acceptance of the new Terms of Service.
Therefore, we ask that you check and review these Terms for such changes
on an occasional basis. Should you not agree to any provision of these
Terms or any changes we make to these Terms, we ask and advise that you do
not use or continue to access Community Pets immediately.
If you have any questions about these Terms, please feel free to contact us at admin@communitypets.org.za.
We reserve the right to terminate the Application, these Terms, and any services offered through the Application at any time without notice, for any reason. The “User Content” “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.
These Terms (which includes the Privacy Policy) are the complete agreement between you and Community Pets regarding your use of the Application and is governed by applicable federal laws and the laws of South Africa applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of the Application and these Terms exclusively in the state and federal courts located in South Africa, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. Section titles and headings are for convenience only and have no legal or contractual effect. The failure of Community Pets to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted, and the remaining provisions will be enforceable to the fullest extent permitted by law.