Obipets.com Terms and Conditions
This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: March 10, 2011.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with Obipets. By using or accessing Obipets, you agree to this Statement.
Sharing Your Content and Information
You own all of the content you post in your profile. When you post content for an ObiPet, that content is owned by the main owner of the ObiPet. In addition:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Obipets ("IP License"). This IP License ends when you delete your IP content or your account unless your content was posted as ObiPet content.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information, it means that you are allowing everyone, including people off of Obipets, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Obipets, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Obipets safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on Obipets.
- You will not collect users' content or information, or otherwise access Obipets, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Obipets.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use Obipets to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Obipets, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
Obipets users can provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- If we disable your account, you will not create another one without our permission.
- You will not use Obipets if you are a convicted sex offender.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Obipets that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Obipets if we believe that it violates this Statement.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Obipets and the Obipets Logos), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on Obipets.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Obipets to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Statement shall terminate.
- If anyone brings a claim against us related to your actions, content or information on Obipets, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP OBIPETS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING OBIPETS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OBIPETS WILL BE SAFE OR SECURE. OBIPETS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OBIPETS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR OBIPETS WILL NOT EXCEED THE GREATER OF 20 EURO. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OBIPETS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- By "Obipets" we mean the features and services we make available, including through (a) our website at www.obipets.com and any other Obipets branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions).
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on Obipets that would not be included in the definition of "information."
- By "post" we mean post on Obipets or otherwise make available to us (such as by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into Obipets at least once in the previous 30 days.
- This Statement makes up the entire agreement between the parties regarding Obipets, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- You will comply with all applicable laws when using or accessing Obipets.