ACCEPTANCE OF TERMS
Welcome to Pawscout
The following Terms of Service (“TOS”) are between you and Pawscout and constitute a legal agreement that governs your use of the Pawscout product, software, services and websites (collectively referred to as the “Service”). You must agree to these TOS before you can use the Service. You can agree to these TOS by: a) actually using the Service, or b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to all of the following terms, please do not use the Service. “Pawscout” or “we” as used in these TOS means Pawscout, Inc. and its affiliates.
To use and/or register for the Service you must be: a) of legal age to form a binding contract with Pawscout, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. If you are using the Service on behalf of an organization, you represent and warrant to us that you have the power and authority to enter into this Agreement for that organization. By accepting these TOS you represent that you understand and agree to the foregoing.
Pawscout may update or change these TOS from time to time and recommends that you review the TOS on a regular basis at www.pawscout.com. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Pawscout will use commercially reasonable efforts to notify you by email of any material changes to the TOS.
DESCRIPTION OF THE SERVICE
Use of the Service may require one or more compatible devices or personal computers, certain software, and broadband Internet access. Please refer to the documentation applicable to your product on our website for more detail on hardware and software requirements.
Changing the Service
Pawscout reserves the right to modify the Service (or any part thereof), either temporarily or permanently, at any time or from time to time. You agree that Pawscout shall not be liable to you or any third party for any modification of the Service. Pawscout will use commercially reasonable efforts to warn users via email of impending, material changes to the Service.
Limitations on Use
You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.
Availability of the Service
The Service, or any feature or part thereof, may not be available in all languages or in all countries, and Pawscout makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
YOUR USE OF THE SERVICE
When you accept these TOS and complete the Pawscout sign up process, you become the Pawscout “Member Account” holder. You are required to provide your email address upon sign-up that will be used for your account (your “User ID”).
Upon creating your User ID you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your User ID. If you suspect or become aware of any unauthorized use of your account please contact Pawscout Support at [email protected]
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. Nevertheless, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.
If you are using the Service on your own behalf, you represent and warrant to us that you are at least 13 years of age (and that if you are 13 or older but under 18, you are under the supervision of a parent or legal guardian who agrees to be bound hereby on your behalf).
Sign Up Obligations
You agree that all information you provide to Pawscout during the sign up process (“Sign-Up Data”) will be true, accurate, complete and current information, and that you shall maintain and update the Sign-Up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign-Up Data may result in the suspension and/or termination of your account.
No Right of Survivorship
You agree that your Pawscout account is non-transferable and that any rights to your Member Account terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated. Contact support at [email protected] for further assistance.
No Resale of Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
CONTENT AND CONDUCT
“Content” means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service, is the sole responsibility of the person from whom such Content originated. This means that you, and not Pawscout, are solely responsible for and retain ownership of any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Pawscout does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
You agree that you will NOT use the Service to:
upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
stalk, harass, threaten or harm another;
if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;
pretend to be anyone, or any entity, you are not;
engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”);
upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
plan or engage in any illegal activity; and/or
gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
Removal of Content
You acknowledge that Pawscout is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. Pawscout reserves the right at all times, however, to determine whether Content is appropriate and in compliance with these TOS, and may remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.
Access to Your Account and Content
You acknowledge and agree that Pawscout may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Pawscout, its users or the public as required or permitted by law.
Copyright Notice – DMCA
We respect the intellectual property rights of others, and ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pawscout’s Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Pawscout that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including without limitation the URL;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pawscout’s Copyright Agent for notice of claims of copyright infringement on the Service can be reached as follows:
Pawscout Legal Department
e-mail: [email protected]
Violations of TOS
If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these TOS, you may report it by sending an email to [email protected]
Pawscout, the Pawscout logo and other Pawscout trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Pawscout Inc. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
Pawscout Mobile Software
If you have downloaded any Pawscout software for a mobile device (Android™ or iPhone®) (“Mobile Software”), Pawscout grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to install such Mobile Software solely on a single device for which such Mobile Software is intended, and to use such Mobile Software solely as a part of the Service and in accordance with these TOS.
Pawscout Device Software
If you have purchased any Pawscout tag, Pawscout grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to use such software (“Device Software”) as provided to you by Pawscout solely as a part of the Service, in accordance with these TOS, and as embedded on the device which you purchased.
Pawscout Proprietary Rights
You acknowledge and agree that Pawscout and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service, including, without limitation, the Mobile Software and the Device Software (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You will not (and will not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries, including without limitation Cuba, Iran, North Korea, Sudan or Syria or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list.
As part of the Service, you may from time to time receive updates to the Software from Pawscout that may be automatically downloaded and installed to your applicable device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that Pawscout may automatically deliver such updates to you as part of the Service and you shall receive and install them as required. Pawscout will use commercially reasonable efforts to notify you by email of any material changes to the Software.
Termination by You
You may terminate your account and/or stop using the Service at any time. To terminate your account, contact Pawscout Support at [email protected] Any fees paid by you prior to your termination are nonrefundable. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
Termination by Pawscout
Pawscout may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. For example, we may terminate your account if you fail to comply with these TOS or use the Service in any way that could create legal liability for us or that could disrupt others’ use of the Service. Any such termination or suspension shall be made by Pawscout in its sole discretion, without any refund to you of any prepaid fees or amounts, and Pawscout will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
Effects of Termination
Upon termination of your account you lose all access to the Service and any portions thereof.
LINKS AND THIRD PARTY MATERIALS
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Pawscout may have no control over such third party sites and/or materials, you acknowledge and agree that Pawscout is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND SOFTWARE IS AT YOUR SOLE RISK AND THE SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAWSCOUT AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAWSCOUT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAWSCOUT AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF PAWSCOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE OR SOFTWARE.
Pawscout may provide you with notices regarding the Service, including changes to these TOS, by email to your Pawscout email address (and/or other alternate email address if provided), by regular mail, or by postings on our website and/or the Service.
Except to the extent expressly provided in the following paragraph, these TOS and the relationship between you and Pawscout shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Pawscout agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from these TOS.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Please feel free to contact us with any questions at [email protected]
Last revised: October 30, 2014
© Copyright 2014 Pawscout Inc. All rights reserved.