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USER AGREEMENT

Please read this page in its entirety before using this site, as it explains your rights and responsibilities regarding your use of the Pawky Film Community Website, www.pawky.com (defined below). By continuing to browse or participate on this site, you agree to accept the following User Agreement ("Agreement") between you and Pawky, LLC. ("Pawky"). Your use of Pawky confirms your acceptance of the terms of this Agreement. In the event that you seek to use portions of Pawky that require registration, such as our Forums or Communities, our Video Upload Program, and in general any interactive feature of Pawky, then you must manifest your acceptance of this Agreement by clicking "I ACCEPT." For purposes of this Agreement, the term "Pawky" means any and all of Pawky’s web sites, including, without limitation, www.pawky.com, as well as any other web sites that may now or hereafter contain an authorized Pawky- branded area, content, player, or window, provided by Pawky (collectively, "Pawky ")(provided that your use of such Pawky features on Third Party Web Sites (defined below) may also subject you to the terms of use and privacy policy of such Third Party Web Site).

I. Subsequent Revisions to Agreement

Pawky may periodically revise the terms of this Agreement by updating this page. You agree to be bound by subsequent revisions to this Agreement. Accordingly, you should periodically visit this page to review the current terms of this Agreement. It is your responsibility to advise us of any change of e-mail address.

II. All Rights Reserved

Pawky reserves all right, title, and interest not expressly granted under this Agreement.

Copyright All content, which includes, without limitation, articles, films, media files, reviews, software, and source code (collectively, "Content"), on Pawky is subject to copyright protection. The content may be displayed or reproduced for public viewing via a “link” or posting on a third party web site, however such use shall not be a so called commercial use or any manner of use for pay or profit. Content may not be distributed beyond posting of a link on a third party site and may not be modified or used in any other manner except as allowed herein without the written permission of Pawky and its Content providers. The only exception to this may be if a specific item of Content, such as a video that has been submitted to our video upload service, which contains express indications that you may make certain use of it based on any additional rights as granted by the copyright holder.

Trademark The names or services on Pawky, including, without limitation, " Pawky, " are trademarks whose applications are pending or are registered trademarks of Pawky. Other names or services on Pawky may be the trademarks of their respective owners. You agree not to use any Pawky trademarks or any confusingly similar marks for any purpose without the express prior written consent of Pawky in each instance.

Violations may result in severe civil and criminal penalties.

III. Use of Material

Pawky puts valuable copyrighted Content on its site, and Pawky’s intent is to protect the copyright of the content on its site from commercial and other unauthorized use. Pawky authorizes you to access and view the Content solely for your personal, non-commercial use, unless a specific item of Content has indications that expressly give you greater rights. You may not sell or modify the Content, and you may not reproduce, republish, upload, download, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose, unless otherwise indicated for a specific Pawky service or item of Content. You may not use any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract and/or download any Content from Pawky, unless you are expressly authorized to do so by a specific Pawky service. As an express condition of your use of Pawky, you warrant to Pawky that you will not use Pawky for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Pawky resides on servers in the United States, and is intended for users located in the United States. Pawky makes no representation that the Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access Pawky.

IV. Content

A. You understand and acknowledge that Pawky does not control or edit the content uploaded to the Pawky video and profile areas and will only remove content when notified by users of objectionable content or potential copyright infringement, or when Pawky is able to determine that the uploaded Content may infringe on a the copyright or trademark of a third party or may violate applicable laws.

B. You warrant and represent that the Content you choose to upload is free of any copyright claim by a third party as stated in the Indemnification Paragraph and copyright infringement warning below, and that the Content you upload is lawful and does not libel another party or does not thereby infringe upon the rights of others or insight others in a manner that may be considered illegal or unethical. By Posting Content on Pawky you warrant and represent that you own or otherwise control all of the rights to your uploaded Content as described herein including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content.

C. In addition to the warranty and representation set forth above, by Posting Content that may contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by this user agreement, (b) you have the rights necessary to grant the licenses and sublicenses for display on Pawky, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images on Pawky, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images to the public. By Posting Images, you are granting (a) to all users of the Pawky community, and/or (b) to the general public, permission to use your Images in connection with the use, as permitted by these Terms of Use, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images unless otherwise provided.

D. Uploaded Content may contain inaccuracies or typographical errors. Pawky makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using Pawky or the Content. Your use of Pawky, including, without limitation, the services and information, and all of the forums and areas contained therein, is on an "as is" basis and is used at your own risk. Pawky may make changes and revisions to the Content at any time. Pawky cannot always anticipate technical access or other difficulties, which may result in loss of Content, data, settings or other service interruptions and you therefore agree that Pawky shall not responsible for any loss of information or inaccurate information that may appear or not appear on Pawky.

Disclaimer of Liability.
PAWKY, ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILLIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS (COLLECTIVELY "PAWKY") SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH (1) YOUR USE OF PAWKY AND (2) ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.

No Representations or Warranties are Made Herein.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, PAWKY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, PAWKY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, COMPLETELNESS OR CONTENT OF INFORMATION, OR SERVICES, AND (2) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR OTHERWISE,

Third Party Links
Pawky may contain links to web sites operated by parties other than Pawky ("Third Party Web Sites"), and Pawky may license Content from Pawky for use by Third Party Web Sites. Pawky makes no representation or endorsement of the Third Party Web Sites and any access to Third Party Sites through Pawky is had at your own risk.

Modification and Discontinuation
Pawky reserves the right to modify or discontinue, temporarily or permanently, at any time, any Content or Information (defined below) on Pawky, or any portion thereof. You agree that any such modification or discontinuation shall be entirely without liability to Pawky, or to any third party under license or affiliation with Pawky.

Use Of Web Communities and Forums
Pawky contains forum services, web communities, and other message and communication facilities (collectively, "Communities"), the use of which is at your own risk. Pawky neither endorses nor controls the files, information, or messages (collectively, "Information") delivered to or displayed in the Communities, unless otherwise noted therein, and Pawky assumes no duty to, and does not, monitor or endorse Information within the Communities, nor does Pawky represent or guarantee the truthfulness, accuracy or reliability thereof or that the Information complies with the terms of this Agreement. Pawky reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Information, in whole or part, that Pawky deems inappropriate for inclusion in the Communities, with the goal of ensuring compliance with this Agreement and applicable law. Pawky reserves the right to expel you from or suspend your access to some or all of the Communities for violating the law or this Agreement. The Communities are public and not private communications and may be read by others without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, Pawky shall have no liability if unauthorized persons nevertheless obtain access to the Community. This is a public forum and you understand and acknowledge that Pawky cannot control who views and participates in the Pawky film community web site. Your use of the Communities, the forum and the entire Pawky site is at your own risk and therefore any disclosure of personal information in the public areas is discouraged and is undertaken at Your own risk.

Always maintain the confidential nature of your login and password information. You will select a login and password as part of the process of registration to use interactive portions of Pawky. Do not share your password or personal information, or other access information with any other person entity, or website. Notify Pawky immediately if you need to change your password for any reason.

Activity Restricted by Pawky for users of the Communities
As a user or participant of the Pawky Communities, you shall not:

A. Restrict or inhibit any other user from using and enjoying the Communities;

B. Post or transmit any abusive, hateful, defamatory, indecent, libelous, obscene, pornographic, profane, threatening, harassing, embarrassing, unlawful, vulgar, or other Information or statement of any kind that violates applicable law or regulation or which harms minors in any way, including, without limitation, Information that constitutes the following:

1. Copyright Infringement. You are prohibited from providing or knowingly using information that violates or infringes upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal or property right of any person or entity or which discloses any trade secret or confidential information.

2. Harmful Software. You are prohibited from uploading software or materials that contain a virus, corrupted files, or similar programs that may damage the operation of another user’s computer or www.pawky.com, or its content.

3. Advertisements or solicitations. You are prohibited from posting advertisements or solicitations of business, except in areas expressly designated for such purposes and in accordance with the express rules and regulations established by Pawky.

4. Chain Letters. You are prohibited from posting, publishing or otherwise transmitting Chain letters or Pyramid schemes or impersonating another person or user of Pawky.

5. Content Origin Manipulation. You are prohibited from manipulating headers or identifiers of content so as to disguise the origin of or content of any Information or posting.

6. You are further prohibited from any acts that interfere with the proper operation of or slow the operation of Pawky, and www.pawky.com.

Conditional Right to Participate in and use Pawky
Pawky may condition your right to participate in the Communities on your furnishing to Pawky and keeping updated at all times such personal identifying information as Pawky may reasonably require, including, without limitation, your true name and a current, active e-mail address. Pawky reserves the right to suspend or terminate your access to some or all of the Communities if Pawky has a good faith basis for believing that any of the information you have supplied is inaccurate or that your account is being used by anyone other than you to access the Communities.

Automatic grant of Pawky’s right to use
By posting Information to the Communities and uploading Content of any nature, you automatically grant to Pawky a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such Information and Content and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise.

V. Age Restriction - Privacy

Pawky is not intended for use by, or directed at, children under the age of 13. Use of Pawky by children under 13 is allowed only with parental consent and permission. To verify age, those portions of Pawky that require registration, such as the use of Communities, ask that the user's age or birthday be provided. Registration will automatically exclude those under 13. Certain areas and communities of Pawky will be restricted to persons 18 and over. To verify age, those portions of Pawky that require the user to be 18 will require that the user's age or birthday be provided. Due to the public nature of the forum Pawky.com may occasionally contain images that are violent or contain nudity. Pawky will use every effort to post content warnings and provide age requirements for such Content areas.

Pawky shall not collect the personal information of any user beyond what is necessary to provide usernames and passwords and to ascertain that the user’s use of the site is legal and that the user is who he or she claims to be and the age he or she claims to be.
This information will not be made available to any third party for any purposes except where there is a third party participant in Pawky that must verify the information. The user information shall never be sold, licensed or offered for use to third parties for solicitation purposes, unless previously approved by the user.

VI. Miscellaneous

Privacy Pawky 's use of personal information provided by any user or which Pawky obtains in any manner shall be in accordance with Pawky 's above stated privacy policy, as it may be changed from time to time.

Choice of Law and Forum This Agreement, its interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of Illinois applicable to contracts entered into and wholly to be performed within Illinois. You hereby consent to the personal jurisdiction of the State of Illinois, acknowledge that venue is proper in any state or Federal court in the State of Illinois, agree that any action related to this Agreement must be brought in a state or Federal court in the State of Illinois, and waive any objection you may have in the future with respect to any of the foregoing. Notwithstanding the foregoing, Pawky reserves the right to commence an action in your home jurisdiction in regards to this Agreement.

Indemnity You agree to defend, indemnify and hold harmless Pawky, its licensors, licensees, successors and assignees, its Content providers, advertisers and sponsors, the parent, affiliated and subsidiary companies of each of them and the officers, directors, employees, and agents of each of them from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of this Agreement, any material which you may post to the Communities or any use of the Content by you or under your control.

Severability If any provision of this Agreement, or application thereof, shall be held invalid by a court of competent jurisdiction, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

Use of "You" or "Your" The words shall include the User, and the Reader of this Agreement and "you" or "your" shall also include your heirs, executors, administrators, successors, legal representatives and permitted assigns.

Waiver Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of Pawky.

Copyright Infringement Notification In accordance with the Digital Millennium Copyright Act ("DMCA"), Pawky has designated an agent to receive notification of alleged copyright infringement occurring in the www.pawky.com domain. If you believe that your copyrighted work is being infringed, or if you believe others are posting copyrighting materials, notify our designated agent specified below.
Name: Marla Zinger
Email: copyright@pawky.com
If you wish to process a copyright infringement claim against a user that has posted on the Pawky Film Community Site, The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
• A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
• A description of the copyrighted work claimed to have been infringed;
• A description of the infringing material and information reasonably sufficient to permit Pawky to locate the material;
• Your contact information, including your address, telephone number, and email;
• A statement by you 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
• A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Printed Agreement A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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