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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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