VETERINARY CREATIVE, LLC
Effective as of and last revised on November 30, 2009
By accessing any of the website(s) of Veterinary Creative, LLC (“we,” “us,” “our” and/or “the Company”), including but not limited to the website located atwww.veterinarycreative.com (collectively, “the Site”), each user (“you,” “your,” “user” and/or “users”) hereby agrees to be legally bound by all of the terms and conditions set forth below (collectively, “the TOU/PP”), which apply to all content, functions, and other aspects of the Site in its entirety.
If you do not agree to be legally bound by all of the following terms and conditions of the TOU/PP, then please do not access and/or use the Site and exit the Site immediately.
- 1. Agreement to Be Bound. Please read all of the following terms and conditions of the TOU/PP before accessing and/or using any of the content and/or functions that are available on or through the Site. By accessing and/or using the Site, you confirm that you have read and understood, and agree to be bound by, all of the terms and conditions of the TOU/PP, including the warnings, restrictions and disclaimers set forth below.
The TOU/PP include, and incorporate by reference, various terms and conditions that are or will be posted at the Site from time to time.
If you do not agree to be bound by all of the terms and conditions of the TOU/PP and the warnings, restrictions and disclaimers, please exit the Site immediately.
We reserve the right to revise and update the TOU/PP at any time, and your continued access to or use of the Site thereafter shall constitute acceptance of such revised and updated terms and conditions.
You should revisit and review the TOU/PP, which were last revised on 11-30-09, to familiarize yourself with any additions, deletions or modifications.
- Registered Users. You may upload content to the Site only if you have registered and logged on to the Site by following the registration and log-on procedures set forth at the Site. A “Registered User,” as the term is used in the TOU/PP, refers to the individual who completes an on-line registration form on the registration/log-in page(s) of the Site and whose registration is current at the time of each log-in. Each Registered User must be identified by his or her legal name and current address. Technical specifications regarding the uploading of content by a Registered User are posted at the Site and may be changed from time to time in the sole and absolute discretion of the Company. As to any item of content that you may wish to upload to the Site, including but not limited to text, artwork, photographs, sound recordings, audio-visual recordings, animations, postings to bulletin boards and on-line forums, etc. (collectively, “User Content”), all of the terms set forth in the TOU/PP shall apply.
- Age Requirements for Registered Users and User Content.
3.1 A Registered User must be an adult according to the laws of his or her state of residence. Minors may not become Registered Users under any circumstances.
3.2 No User Content created by and/or relating to a minor under the age of 18 may be uploaded under any circumstances.
3.4 You agree to provide documentation in a form acceptable to us to verify and confirm the foregoing.
- Access to and Use of the Site Not Permitted Where Restricted or Prohibited by Law. Access and use of the Site is not permitted in any place or by any person if such access and/or use is restricted or prohibited by law.
- User Content. As to each item of User Content that you may upload to the Site, you hereby expressly make the following representations and warranties:
5.1 The User Content is your sole and original creation, and you own and control all rights in and to the User Content, or, if you have used intellectual property belonging to a third party, you have acquired in a signed written agreement from such third parties any and all rights that may be necessary for you to own and use the User Content as contemplated in the TOU/PP and for you to grant us the right to do so.
5.2 The User Content has not been copied or derived in whole or in part from, and does not embody, any other works except pursuant to your acquisition of all rights from the owner(s) of any such works as noted above.
5.3 The User Content has not previously been published and/or distributed through any other channel.
5.4 The User Content may be used by us as contemplated in the TOU/PP without the knowledge, consent or approval of any third party, including but not limited to any individuals who may be depicted in the User Content.
5.5 The User Content does not violate or infringe any copyright, trademark, privacy or publicity right, or other personal, proprietary or intellectual property right of any person or entity.
5.6 The User Content is not defamatory, obscene, or otherwise illegal or violative of the right; and is your sole and exclusive property.
5.7 If the User Content is created and/or contributed by a minor child, and/or if it depicts, describes, identifies or otherwise relates to a minor child, you are the parent or legal guardian of such minor child(ren) and enjoy the right to consent to the use of the User Content by us as contemplated in the TOU/PP.
5.8 The use of the User Content by us will not expose us to any legal claims or liabilities of any kind whatsoever.
5.9 You hereby waive and release any and all rights and claims that you may be entitled to assert against us, or our licensees, successors and assigns, by reason of any use of the User Content authorized under the TOU/PP.
- License of Rights to User Content. You reserve ownership and control of all intellectual property rights in and to the User Content subject only to the following license, which is hereby granted by you to us as to any and all User Content:
6.1 As to any and all User Content that you may upload or otherwise submit to us, you represent, warrant and agree that you are hereby granting us the following non-exclusive, irrevocable, royalty-free, and fully transferable rights under copyright, trademark and other intellectual property rights, all of which rights may be exercise by us or our licensees, successors and assigns in any and all media now known or hereafter devised, in any and all languages, throughout the world, and in perpetuity:
(a) The right to adapt, edit and generally use and re-use the User Content, in whole and/or in part, alone and/or in conjunction with other content of any and all kind whatsoever;
(b) The right to create derivative works based on the User Content;
(c) The right to translate, modify, archive, store, post, display, exhibit, transmit, reproduce, broadcast, publish, and generally exploit and and/or all of the User Content and/or any derivative works based on the User Content or in which the User Content may be embodied for any purpose whatsoever, including but not limited to, and by way of example only, editorial, advertising, merchandising, and other uses of any and all kinds and in any and all media, and to authorize others to do so;
(d) To post the User Content in a manner that permits viewing and comment by other users of the Site, all in a place, style, manner and duration subject to our sole and absolute discretion; and
(e) The right to exploit and/or refrain from exploiting any and all of the foregoing rights at any time in our sole and absolute discretion.
- Rejection and Removal of User Content.You acknowledge and agree that we shall have the right but not the obligation, in our sole and absolute discretion, to review User Content and to reject and/or remove any User Content that we may deem to be unacceptable, whether because the User Content does not comply with the TOU/PP, or because we deem the User Content to be offensive or otherwise inappropriate, or because a claim has been made that the User Content is violative of law or the rights of a third party, or for any other reason.
- Access to User Content. We reserve the right, in our sole and absolute discretion, to determine the terms and conditions on which access to the Site and the viewing of User Content and/or other content posted at the Site (collectively, “Site Content”) are permitted to various users of the Site and to change such terms and conditions from time to time by amending the TOU/PP.By way of example only, and without limiting the foregoing, we have the right (but not the obligation) to remove, edit, move or close any topic at any time we see fit and/or to deny access and/or use of the Site by any person. We also have the right to suspend, revise and reconfigure, and/or discontinue the Site and/or any of the content or functionality of the Site, in whole or in part, at any time in our sole and absolute discretion.
- Physical Materials. If you submit User Content to us, you are hereby assigning outright ownership of the physical materials in which the User Content is embodied, e.g., digital storage media of all kinds as well as manuscripts, drawings, photographic negatives, photographic prints, three-dimensional art objects, and so on. You agree to make and keep copies of any and all User Content that you may submit, and we are not responsible or liable for any loss, damage and/or destruction of any such materials, and we are not required to return any such materials to you.
- Contests. From time to time, we may offer contests at the Site. Various specific terms and conditions of each contest will be posted at the Site, including instructions on how to enter the contest; the qualifications and conditions for entry, and the number of entries that may be submitted; the number, kind and value of prizes; the co-sponsors of the contest, if any; the particulars of judging, including the manner of selection of judges and the criteria to be used by the judges; the opening and closing dates for submission of entries; the date and manner when winners will be selected and announced; any special qualifications and conditions relating to entries; and so on. However, all of the following terms and conditions apply generally to our contests.
10.1 All of our contests are sponsored by the Company. Some contests may be co-sponsored and, if so, the co-sponsors will be announced at the Site.
10.2 All contests are open to adults who are 18 years of age or older and residing in the United States or Canada, or their territories and possessions, as of the day of entry. Some contests may permit the submission of entries created by minors, but all such entries must be submitted by a parent or guardian who is legally entitled to do so and who provides us with verifiable evidence of his or her right to do so in a form satisfactory to us.
10.3 Employees, vendors, and agents of the Company and its advertisers, sponsors and related companies and their immediate families are not eligible to enter contests sponsored or co-sponsored by us.
10.4 All contest entries are deemed to be “User Content,” and all terms and conditions of the TOU/PP relating to User Content apply with full force and effect to all such entries.
10.5 No purchase is necessary to enter any contest offered by us.
10.6 Unless otherwise indicated, all contests are based on the quality of the entries as evaluated by our judges. No winners will be selected at random from entries except to select a winner from finalists selected by the judges and/or to break a tie among the judges. All decisions of the judges shall be made in their sole and absolute discretion and will be final.
10.7 Unless otherwise indicated at the Site, all judges will be employees of the Company.
10.8 Winners will be announced at the time specified in the specific contest rules as posted at the Site, and winners will be notified via e-mail at the address provided at the time of entry.
10.9 All announced prizes will be awarded. If an entrant selected by the judges is not qualified under the rules of the contest, then the judges will select substitute winner.
10.10 Winners are solely responsible for any taxes or other expenses relating to their prizes.
10.11 We have the right, in our sole and absolute discretion, to announce, advertise, publicize and generally promote the contest, its prizes and its winners in any and all media throughout the world.
10.12 We disclaim any responsibility or liability due to the non-receipt of entries owing to circumstances beyond our control, including but not limited to late delivery or non-delivery due to defects in the operation of the Internet and/or the hardware and software used by the entrant or by us.
10.13 All personal information collected by us from entrants will be kept in confidence and used for purposes of judging only except that the name, likeness and city of residence of winners may be announced, advertised, promoted and publicized by us in any and all media, in any and all languages, and throughout the world. By entering a contest, each entrant is granting to us the perpetual, transferable and royalty-free right to use her or his name, image, likeness and biographical data for all of the foregoing purposes.
10.14 By entering the contest, entrant is assuring us that entrant meets all eligibility requirements and possesses the right to make the promises and give the assurances as described in these contest rules without the consent or approval of any third party, and we are entitled to rely on entrant’s right to do so.
10.15 Entrants must satisfy all eligibility requirements before being selected as a winner and receiving a prize. As a condition of eligibility, the winning entrants may be required to sign and return an agreement in a form satisfactory to us by which each entrant formally attests to her or his eligibility, consents to the use of her or his name, image, likeness, and biographical data as described above, makes the representations, warranties and indemnities set forth in the TOU/PP and grants to us the rights in the entries set forth in the TOU/PP. If requested to do so, the failure to sign and return the form will disqualify the entrant.
10.16 By entering the contest, the entrant releases us and our affiliates, and their respective members, subsidiaries, shareholders, directors, officers, employees and agents, and all others associated with the development and execution of the contest, from any and all liability from injury, loss or damage of any kind relating in whole or in part, directly or indirectly, from any aspect of entrant’s participation in the contest.
10.17 In the event of any dispute relating to the identity of an entrant, entries will be deemed to have been made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the e-mail address from which entry originated. An entrant may be requested by us to provide with evidence that the entrant is the authorized account holder of the e-mail address associated with the winning entry.
10.18 Any and all contests are void where prohibited or restricted by law.
- Terms of Sale. The terms of sale of goods and services at the Site, including the policies and procedures relating to refunds, are posted at the Site and may be changed from time to time in our sole and absolute discretion. You agree to be bound by all posted terms and conditions of sale.
- Advertisements. The Site may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, we do not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.
- Unacceptable Uses of the Site. Without limiting or diminishing our rights under the TOU/PP, we strictly prohibit all of the following uses of the Site:
(a) Using the Site to transmit or post any material that contains or contains links to pornography, adult content, sex, or extreme violence or to disseminate or transmit any material that, to a reasonable person, may be abusive, obscene, pornographic, grossly offensive or malicious.
(b) Using the Site to transmit or post any material that, intentionally or unintentionally, violates any applicable local, state, national or international laws, rules or regulations.
(c) Using the Site to harm, or attempt to harm, minors in any way.
(d) Using the Site to transmit or post any material that is defamatory or harassing or which threatens or encourages bodily harm or destruction of property.
(e) Using the Site to make fraudulent misrepresentations or offers or engage in any other wrongful business activity of any kind.
(f) Using the Site to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures or another entity’s software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
(g) Using the Site to transmit or post any material that infringes any copyright, trademark, patent, trade secret or other intellectual proprietary or proprietary rights of any third party, including but not limited to, the unauthorized copying and/or distribution of copyrighted material, the digitization and distribution of photographs from magazines, books, music, video or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
(h) Using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
(i) Using the Site to disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes or email on a daily basis or to create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication.
(j) Using the Site to export, ex-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions.
(k) Using the Site or its server as an “open relay” or for similar purposes.
(l) Using the Site for any activity that adversely affects the ability of other people or systems to use the Site or the Internet, including but not limited to using the Website for the dissemination or transmission of any virus, Trojan horse or other malicious, harmful or disability data, work, code or program or for “denial of service” attacks against another website, network or any other person or entity, and/or for interference with or disruption of other websites, services or equipment.
- Reservation of Rights. We reserve all rights under copyright, trademark and other intellectual property rights in and to the Site in its entirety and all content and functionality of the Site as created by us, including but not limited to titles, trademarks, trade dress, artwork, text, design, audio and visual content, format, configuration, “look and feel,” selection, arrangement and coordination, and all other aspects of the Site excluding only the User Content, all rights to which are reserved by the respective Registered Users subject to the rights licensed to us as set forth above.
- Indemnity. You hereby indemnify, defend and hold harmless the Company and its licensees, successors and assigns, and their respective shareholders, members, directors, officers, partners, joint venturers, principals, subsidiaries and affiliates, and their respective shareholders, officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims, debts, demands, suits, actions, proceedings and/or prosecutions (“Claims”) based on allegations which, if true, would constitute a breach by you and/or your agents, representatives, employees, contractors, or affiliates, of any terms or conditions of the TOU/PP, including but not limited to the representations and warranties set forth above, and any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) and damages in consequence thereof. You shall give prompt notice in writing to the Company of any Claims. No compromise or settlement of any Claims shall be made or entered into without the prior written approval of the Company.
- Cautions and Disclaimers.
17.1 No Endorsement, Sponsorship, Affiliation or Guarantee by the Company. We do not endorse, sponsor, or guarantee any of the information, advice, goods, services, or other resources that may be mentioned or made accessible throughout the Site, including but not limited to User Content or comments that may be posted to the Site by users, and we disclaim any responsibility or liability for or to such users. You acknowledge and agree that we shall have no such responsibility or liability.
17.2 Opinions of Users. The opinions and views that may be posted to the Site by users do not necessarily represent those of the Company, which does not investigate, verify, endorse, or support the content of such opinions or views. Users are solely and fully responsible for any User Content, including comments and other matter that they post to and/or transmit via the Site. However, we reserve the right to determine what is permissible for inclusion in postings and/or communications transmitted via, or stored on, the Site. We also reserve the right to edit, modify, or remove any content, (including but not limited to text, images, and sound files) submitted to, posted on or transmitted via, the Site and to suspend or eliminate postings and communications by or among users of the Site at any time, for any reason without prior notice.
17.3 No Guarantee Regarding Availability or Quality of Service. The Site may cease to be available, and/or may not operate at peak speed and efficiency, during periods of maintenance and third-party service interruptions and/or by reason of the computer equipment and/or Internet connection of the users and/or for other reasons beyond our control. Accordingly, we make no guarantee regarding the availability or quality of Internet service relating to the Site.
17.5 General Disclaimer of Liability. The Site and the Site Contents are made available to users on an “as-is” basis without warranties or guaranties of any kind, and we disclaim any liability for any injury or damage resulting from the use of the Site, the Site Content, and/or any information, advice, goods, services, or other resources that may be mentioned or made accessible through the Site. You acknowledge and agree that, in connecting to the Site, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control of the Company and our vendors and suppliers. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of the Site and/or the Site Content, or any portion thereof, or any data or other information transmitted in connection with the use of the Site.
To the greatest extent permitted by law, we disclaim all warranties, either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for any particular purpose, regarding the Site Content and/or the other goods and services offered by the Company.
The Company, its licensors, and its vendors and suppliers make no representations, warranties or indemnities about the accuracy, reliability, completeness, correctness, or timeliness of the Site Content, or that the Site and/or the Site Content satisfy any applicable laws or government regulations.
- Limitations on Liability. The Site and Site Content are made available without warranties, representations or indemnities of any kind whatsoever. THE COMPANY, ON BEHALF OF ITSELF AND ITS PARTNERS, JOINT VENTURERS, PRINCIPALS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, ASSOCIATES, AFFILIATES, JOINT VENTURERS, AGENTS AND REPRESENTATIVES, SPECIFICALLY DISCLAIM ANY LIABILITY (WHETHER BASED IN COPYRIGHT, TRADEMARK, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). The maximum liability of the Company to users based on the claim of any person, firm or corporation arising out of or in connection with the Site and/or the Site Content, shall in no case exceed the actual amounts, if any, paid by the claimant to the Company.
- Take-Down Notices Under the DMCA. We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted to the following Designated Agent for the Website:
Name of Agent Designated to Receive Notification of Claimed Infringement on behalf of the Company: Jonathan Kirsch, Esq.
Full Address of Designated Agent to Which Notification to the Company Should be Sent: Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067
Telephone Number of Designated Agent: (310) 785-1200
Facsimile Number of Designated Agent: (310) 286-9573
Email Address of Designated Agent: firstname.lastname@example.org
- Termination. The rights granted to Registered Users and any othe users of the Site under the TOU/PP shall terminate automatically and without notice as to any such user in the event of any breach or default by the user, and upon such termination, the user shall make no further use of any kind whatsoever of the Site and/or the Site Content. We also reserve the right to suspend, revise and reconfigure, and/or discontinue the Site and/or the Site Content, and/or any of the content or functionality of the Site, in whole or in part, at any time in our sole and absolute discretion.
- Entire Agreement. The TOU/PP (including any posted items at the Site that are incorporated by reference), as they may be amended or modified from time to time by the us, represent the complete and entire agreement of the Company and the users of the Site.
- Applicable Law. The TOU/PP shall be interpreted, construed and governed in all respects by the laws of the United States of America and the State of Arizona.
- Modification and Waiver. The TOU/PP may not be modified or altered, and no term or condition may be waived, except by a written instrument signed by an authorized representative of the Company. No waiver of any term or condition of the TOU/PP, or of any breach of the TOU/PP or any portion thereof, shall be deemed a waiver of any other term, condition or breach of the TOU/PP or any portion thereof.
- Severability. If any term or provision of the TOU/PP is found to be unenforceable for any reason, the TOU/PP shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
- Notices.Any written notice or delivery under any of the provisions of the TOU shall be deemed to have been properly made by mailing via traceable mail (if a mailing address has been provided to the Company) or by email as follows:
If to a Registered User: At the address given by Registered Users at the time of registration.
If to other users: At the address given by or collected from the user, if any, or by posting to the TOU/PP.
If to the Company: Veterinary Creative, LLC
C/o Law Offices of Jonathan Kirsch
1880 Century Park East, Suite 515
Los Angeles, CA 90067
- Binding on Successors. The TOU/PP shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors or assigns of the parties, except that the permission granted to Registered Users to upload User Content and the permission granted to users to access and use the User are personal and non-transferable.
Veterinary Creative, LLC
Last revised November 30, 2009
Collection and Use of Personal Information. User information is collected upon registration and/or log-in and when User Content is uploaded. Such personal information may include, but is not limited to, the Registered User’s name, email address, contact phone number, username, password, and other particulars requested by the Company and/or provided by the User.
Any personal information that may be embodied in the User Content provided by a Registered User may be posted to the Site and/or otherwise used as described in the TOU/PP.
Some personal information is automatically collected from all users when they access the Site, including the IP address of the computer from which the Site is accessed.
For any transaction requiring payment, credit card and/or other e-commerce information may be collected.
Once a Registered User has registered with the Site, the Registered User will not be able to delete his or her profile or any records of his or her activity or usage of the Site from the Company’s database.
Users, whether or not registered, will not be able to delete any records of his or her activity or usage of the Site from the Company’s database.
All users will, however, be able to review, update or change personal information on file with the Company. To view personal information or make such changes, users should contact us at [Insert email address].
The Company may employ “Cookie” technology to keep track of a User’s current session and to keep track of a User’s information between visits. Cookies are small text files stored on the User’s computer that a website can use to recognize repeat users and to facilitate each user’s ongoing access to and use of a website. Generally, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. Users should be aware that the Company cannot control the use of “cookies” by advertisers or third parties hosting data for the Company.
The Company conducts research on the demographics, interests, and behavior of users based upon the information provided at registration and log-in, during the use of the Site, or from surveys and/or generated by or maintained in the server log files for the Sites or otherwise. Such personal information is compiled and analyzed on an aggregated basis, and, occasionally, the Company may share the aggregated data with advertisers or business partners.
The Company may compile the email addresses of users for its own use. However, the Company will not sell or trade the personal information of users to any list broker or direct mail advertisers unless a user specifically give his or her consent to the Company to do so.
In the event that the Company is acquired by, merges with, or becomes aligned with another company or business entity, such other company or entity shall be entitled to use the User’s personal information as set forth in the TOU/PP.
Children’s Online Privacy. The Company does not provide services directed to children or otherwise target children and does not collect personal information from children under the age of 13 except as set forth below.
Individuals under the age of 18 may not become Registered Users and may not post User Content under any circumstances.
No User Content and/or other information relating to an individual under the age of 18 will be knowingly solicited or received by the Company except from a Registered User as set forth below.
User Content created by, contributed to, and/or depicting, describing, identifying or otherwise relating to an individual under the age of 18 may be not be submitted by any user and will not be knowingly accepted and/or used by us.
Copyright © 2009 by Veterinary Creative, LLC. All Rights Reserved.
VETERINARY CREATIVE and logo are trademarks of Veterinary Creative, LLC.