USER GENERATED CONTENT TERMS AND CONDITIONS

Animal 360 Pty Ltd (“Animal 360”) owns and/or operates various websites that permit users (hereinafter “Members” or “Users”) to submit or publish content (“User-Generated Websites”). Such websites may include, but are not limited to, message boards, blogs, social networks, and comment boards. By registering or using any User-Generated Websites, you accept and agree to the following Terms and conditions for User-Generated Content.

Eligibility and registration

As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You are solely responsible for any and all uses of your username, password, and account.

Appropriate conduct and content; personal use only User-Generated Websites are made available for your personal, non-commercial use only. User-Generated Websites may not be used for any commercial or promotional purpose.

By acceptance of these User-Generated Websites Terms and Conditions, you agree that any information you provide about yourself and your pets is accurate and complete information at the time provided. In particular, you represent that you are 18 years of age or older. In addition, you agree to update any information provided to User-Generated Websites to keep it accurate and complete. If you become a member of a User-Generated Website, your failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for suspension or termination of your membership.

You may not use User-Generated Websites for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the Australia or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content (“Materials”) that you submit, post, and display on User-Generated Websites.

We may without notice to you, but shall have no obligation to, refuse, edit, and/or remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringing or violating any party’s intellectual property or other proprietary rights or these User-Generated Websites Terms and Conditions. We also reserve the right in our sole discretion to refuse, edit, and/or remove any content that may be deemed by any User-Generated Website community to be inappropriate without providing you notice.

Children’s privacy

We are committed to protecting the privacy of children. The User-Generated Websites are intended or designed to be operated or involved children under the age of 18 without the express permission of a parent or legal gaurdian. We do not collect personally identifiable information from any person we have actual knowledge is under the age of 18 without the permission of a parent or legal gaurdian.

Examples of illegal or unauthorized uses include, but are not limited to:

Modifying, adapting, translating, or reverse engineering any portion of the User-Generated Websites; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of User-Generated Websites; collecting any information about other Members (including usernames and/or e-mail addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of User-Generated Websites; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s enjoyment of the service; submitting Materials of any third party without such third party’s prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by User-Generated Websites; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; displaying an advertisement as part of your or your pet’s profile; any automated use of the system, including the use of scripts to send messages or post comments; or submitting false or misleading information.

While Animal 360 prohibits such conduct and content on its User-Generated Websites, you understand and agree that you nonetheless may be exposed to such Materials and that you use User-Generated Websites at your own risk.

Changes to Terms and Conditions for User-Generated Content

We reserve the right to modify or terminate any User-Generated Website or service therein for any reason, and without notice, without liability to you, any other Member, or any third party. We also reserve the right to modify these Terms and Conditions for User-Generated Content from time to time without notice. You are responsible for regularly reviewing these Terms and Conditions for User-Generated Content so that you will be apprised of any changes.

License to Use Materials

By submitting, posting, or displaying any Materials on or through User-Generated Websites, you automatically grant Animal 360 worldwide, non-exclusive, royalty-free, irrevocable license to publicly display or re-display such Materials on the User-Generated Websites website and in all other forms of media (including, without limitation, e-mail blasts and mobile or text messages or applications) that are used by Animal 360 or its agents in connection with the promotion, marketing, use, or expansion of any User-Generated Websites.

You represent to Animal 360 that you own all Materials you provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all Materials you provide. You further represent to Animal 360 that such materials do not infringe any third party copyrights or other third party intellectual property rights. You agree to indemnify Animal 360 for any and all loses resulting form the invalidity or inaccuracy of such representation.

Except as expressly authorized by User-Generated Websites, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Animal 360’s proprietary information, which includes the sum of all postings and photos to the site.

Please do not send to any User-Generated Website or post on any User-Generated Website forum anything that constitutes a trade secret, confidential or proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to any User-Generated Website will not be considered confidential or proprietary.

User-Generated Websites includes information and content generated from a wide variety of sources, including board certified veterinarians, trainers, and other professional service providers, as well as, other Users. Users should understand that User-Generated Websites is a place to review and share information — but the information has not been verified for accuracy and does not represent the opinions or positions of Animal 360. Animal 360 cannot guarantee the timeliness, accuracy, efficacy, or veracity of any information provided at User-Generated Websites, nor the efficiency or applicability of any advice, opinions or content as they may be interpreted and applied to your pet. Animal 360’s personnel are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated on User-Generated Websites, or for any results obtained from the use of such information or advice. Animal 360 and its personnel will not be liable for any loss or damage suffered by a User through the User’s reliance on information, content and advice appearing on our website.

USER-GENERATED WEBSITES ARE BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.

Standard Terms and Conditions for Animal 360 Sites

In addition to these User-Generated Websites Terms and Conditions, you agree to be bound by Animal 360’s standard Terms and Conditions for its websites, as the same may be modified and updated from time to time, with respect to your use of User-Generated Websites.

CONSUMER RATINGS & REVIEWS – TERMS OF USE

These Terms of Use govern your conduct, rights and the rights of Animal 360 Pty Ltd (“Animal 360”) as relates to the Consumer Ratings and Review Service offered by Animal 360 (the ” CRR Service”). By submitting any Content to the Service, you agree to the following terms of use.  As used herein, “Content” means any text, photo, or other material or information you provide to the CRR Service.

Submission of Content to the CRR Service

You agree that:

  1. All Content you submit is accurate, reflects your true opinion, and is based upon your actual experience with the product being reviewed;
  2. The Content you submit is original and was created by you;
  3. You are 18 years of age or older and a resident of the United States or Australia;
  4. You have not received any compensation or offer of compensation from any entity in exchange for your submission of the Content and you have no expectation of receiving any compensation in return for your submission of the Content;
  5. If you are a Animal 360 employee, you have disclosed that relationship;
  6. You do not work for any company or agency hired by Animal 360 to promote and/or sell Animal 360 products;
  7. Animal 360 may use the Content for promotional and other purposes as set forth in these Terms of Use and you will not be entitled to any compensation for such use; and
  8. All information that you provide about yourself to the CRR Service is accurate and up to date.

You further agree that you shall not submit any Content:

  1. That is known by you to be false, inaccurate or misleading;
  2. That infringes any third party’s copyright, patent, trademark, trade secret, rights of publicity rights of privacy, moral rights or any other applicable personal or proprietary rights;
  3. That violates any law, statute, ordinance or regulation;
  4. That is offensive, obscene, vulgar, or is inappropriate for a public, family–friendly, and pet-friendly forum;
  5. That is, or may be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, threatening or harassing to any individual or entity;
  6. For which you received compensation or were given any consideration by any third party;
  7. That encourages or advocates any unlawful or unauthorized behavior or activity;
  8. In which you impersonate another person or entity or use a false identity;
  9. Intended to disrupt or mislead anyone using the Service, such as the creation of multiple postings with the intent to monopolize or unduly influence the forum or submitting Content unrelated to the product being reviewed;
  10. That includes any information that references third party websites, addresses, email addresses, contact information or phone numbers; or
  11. That contains any computer viruses, worms, Trojan horses or other potentially damaging computer programs or files.

License to Use Content

By uploading or submitting any Content to the CRR Service, you automatically grant Animal 360 a world-wide, non-exclusive, royalty-free, irrevocable, transferrable  license to publicly display or re-display, use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whatsoever (including but not limited to Animal 360’s websites, third party websites, online and off line advertising, marketing and promotional materials) throughout the world that is used by Animal 360 or its agents in connection with the CRR Service or the promotion or marketing of Animal 360 and its products and services.

You represent and warrant to Animal 360 that you own all Content and/or have the unencumbered legal right to grant the above-referenced license to Animal 360 with respect to all Content that you submit. You also represent to Animal 360 that such materials do not infringe on any third party copyrights or other third party intellectual property rights. You agree to indemnify Animal 360 for any and all losses arising from the invalidity or inaccuracy of these representations.

All Content that you submit may be used at Animal 360’s sole discretion. Animal 360 reserves the right, but not the obligation, to:

  1. Monitor or review the Content you have submitted;
  2. To condense or remove or refuse to post any Content submitted to the CRR Service that Animal 360 deems in its sole discretion to be inappropriate or violate any of these Terms of Use or Review Guidelines without giving you notice; and
  3. To suspend or terminate your access to the CRR Services as Animal 360 may deem appropriate.

Animal 360 does not guarantee that you will have any recourse through Animal 360 to edit or delete any Content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Animal 360 has the right to remove or refuse to post any submission for any reason. You acknowledge that you, not Animal 360, are responsible for the Contents of your submission. None of the Content that you submit shall be subject to any obligation of confidence on the part of Animal 360, its agents, subsidiaries, affiliates, or third party service providers and their respective directors, officers and employees.

Release and Indemnification

You agree to release, indemnify and hold Animal 360, its parent and affiliated companies (and their respective officers, directors, agents, employees, and agents) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of or in connection with any breach of your representations and warranties set forth above, or your violation of any law or rights of a third party.

By submitting your email address in connection with your rating and review, you agree that Animal 360 and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Changes to Terms of Use

Animal 360 reserves the right to modify or terminate the CRR Service and these Terms of Use for any reason, without notice, and without liability to you, or any third party. You are responsible for regularly reviewing these Terms of Use so that you are apprised of any changes.

LINKING POLICY

Animal 360 grants a nonexclusive, limited permission (“Permission”) to display the Trademarks contained in Animal 360 domain names, brand names and logos to the owner(s) of any web sites (“Owner”) that would like to develop a link between their site and the corresponding web site owned by Animal 360 (“Animal 360 Sites”). Links to Animal 360 Sites other than those using Animal 360 domain names, brand names or logos are not permitted. The materials on Owner’s site shall not imply any association with or relation to Animal 360 or imply in any way that any materials from Animal 360 Sites are maintained within Owner’s web site.

No changes or modifications to the Animal 360 domain names, brand names or logos may be made. Use of the Animal 360 domain names, brand names or logos for purposes other than linking to Animal 360 Sites is expressly forbidden. The domain names, brand names and logos must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation and goodwill of Animal 360 and its products. Animal 360 retains and reserves all rights in and to Animal 360’s trade names, trademarks, copyrights and all other intellectual property with respect to its domain names, brand names and logos. Animal 360 reserves the right to cancel the Permission at any time and for any reason. Upon receipt of such notification, use of the domain names, brand names or logos must cease and the link between the web sites must terminate. Use of Animal 360 trademarks, trade names, logos, copyrighted material or any other intellectual property of Animal 360 for any purpose not stated herein is expressly forbidden.

All materials are provided “”AS IS,”” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the foregoing exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Animal 360 shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of links, domain names, brand names or logos, including but not limited to any computer virus; technical, hardware or software failures of any kind; lost or unavailable network connections; or failed, incomplete, garbled or delayed computer transmissions. The granting of this Permission does not indicate nor should it be construed in any way to represent an endorsement by Animal 360 of any materials on a web site containing a Animal 360 domain name, brand name or logo or any other Animal 360 intellectual property.

Animal 360 controls and operates its web sites from the company’s Australian headquarters in Caloundra Queensland, in Australia. Animal 360 in no way implies that the domain names, brand names or logos are appropriate or available for use outside of the Australia. If you use our materials from locations outside of the Australia, you are responsible for compliance with any applicable laws.

Animal 360 may at any time revise this Linking Policy. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Linking Policy to which you are bound.

The display of Animal 360 domain names, brand names and logos on the web site indicates the agreement by the web site Owner to the foregoing terms and conditions.

Last updated: 20 July 2013