PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) BEFORE USING THE ANIMAL HEARTS SITE OR ANY SERVICES, SOFTWARE, OR CONTENT AVAILABLE ON OR THROUGH THE SITE. WHEN YOU ACCESS OR USE THE SITE IN ANY WAY YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
THE SITE, AND ALL SERVICES, SOFTWARE, AND CONTENT AVAILABLE ON OR THROUGH IT, ARE FOR YOUR PRIVATE AND NON-COMMERCIAL USE ONLY. YOU MAY NOT SELL, AUCTION, ALTER, DUPLICATE, TRANSFER, DISTRIBUTE OR OTHERWISE USE IN A COMMERCIAL MANNER THE SERVICES, SOFTWARE, OR CONTENT (INCLUDING BUT NOT LIMITED TO COUPONS AND OFFERS).
YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you (“you” or “your”) and ANIMAL HEARTS, (“ANIMAL HEARTS,” “we,” or “our”) that governs your use of the ANIMAL HEARTS web site (“Site” or “web site”).”
USE OF OUR MATERIALS
The ANIMAL HEARTS site employs a) software and applications owned by ANIMAL HEARTS and made available on or through the Site (“Software”); and b) data, text, images, photographs, graphics, audio, video, offers, coupons, and documents including, without limitation, marketing materials, press releases, white papers, product data sheets, and other information and content available on or through or submitted on or through the Site (“Content”); collectively known as the “Materials.”
You may view, use, copy, and distribute these Materials for internal, noncommercial, informational purposes only. You may not use the Materials for data mining, scraping, crawling, or using any process or processes that send automated queries to the website. You may not use the website to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail. You may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software or disclose any such method or means to any third party.
Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by ANIMAL HEARTS, its subsidiaries, parent companies, and/or any third party owner of such rights.
The ANIMAL HEARTS company name and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from ANIMAL HEARTS. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials or this site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any ANIMAL HEARTS name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of ANIMAL HEARTS. Requests for authorization should be made to our Facebook Page.
THIRD PARTY WEB SITES
ANIMAL HEARTS contains links to external third-party web sites (“Third Party Sites”) as a convenience to users. The listing of an external site does not imply endorsement of the site by ANIMAL HEARTS. Further, ANIMAL HEARTS makes no representation or warranty regarding, and shall have no responsibility or liability for, the accuracy, performance, quality, content, nature or reliability of such Third Party Sites, any information or material on or available through such Third Party Sites or the privacy policies or practices of such Third Party Sites. By clicking on an advertiser banner, sponsor link or other external link from the Site, you acknowledge that your browser automatically may direct you to a new browser window that is not hosted or controlled by ANIMAL HEARTS. ANIMAL HEARTS is not responsible for the content, functionality, or technological safety of these external sites.
We reserve the right to disable links to or from third-party sites to the Site at our discretion, including links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. ANIMAL HEARTS is not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked website. We do not fully screen or investigate external websites before or after including them in directory listings that become part of the Materials on our Site, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
THIRD PARTY CONTENT
ANIMAL HEARTS publishes and shares information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. ANIMAL HEARTS has no control over the accuracy of such information on our pages, and material on the Site may include technical inaccuracies or typographical errors.
We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
All informational content (including tips and advice, recommendations, opinions, information about offers, coupons, grocery products, recipes, drugs, and health information) is provided on or through the Site for informational purposes only. This should not be construed to indicate that any such content is endorsed by ANIMAL HEARTS, nor is there any representation or warranty that the content is reliable, accurate, timely, complete, effective, or safe for your use. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
ANIMAL HEARTS reserves the right, at our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site. Where appropriate, we will endeavor to update information listed on the Site on a timely basis, but shall not be liable for any inaccuracies.
All comments and/or materials submitted by you to the Site (including feedback, photos, videos, data, testimonials, images, reviews, questions, answers, comments, ideas, or suggestions) will be treated as non-confidential and non-proprietary. ANIMAL HEARTS does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of user content. You may see user content on the Site that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against ANIMAL HEARTS arising from or relating to this content.
Do not submit confidential or proprietary information to the Site. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, copy, display, perform, distribute, adapt, and promote this information (including ideas, concepts, know-how or techniques) in any medium now known or later developed, without compensation to you. This includes, but is not limited to, developing, marketing and selling products and services, or otherwise incorporating such information.
You acknowledge that you are solely responsible for your user content and the consequences of posting your content to the Site. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions, and releases to publish the content you post and to grant ANIMAL HEARTS the licenses and rights set forth in these Terms.
You retain all rights to the user content you post on animalhearts.org. However, you also hereby grant ANIMAL HEARTS a perpetual, nonexclusive, royalty-free, transferable, sub-licenseable, irrevocable, worldwide right and license to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, adapt, broadcast, communicate and otherwise use your user content (including any copyright, trademark, publicity, or other proprietary rights therein and thereto) in whole or in part, for any purpose, including without limitation in connection with the Site and its business, marketing or promotional purposes, and/or for syndicating user content, promoting or redistributing part or all of the Site (and derivative works thereof) in any website, online application, mobile application, social media channel, or other medium now known or later developed. You also hereby grant ANIMAL HEARTS a perpetual, non-exclusive, royalty-free, transferable, sub-licenseable, irrevocable worldwide right and license to use your name and statements in connection with your user content. To the extent permitted by law, you hereby waive any moral rights you may have in or to your user content.
You agree that submitting this information will not violate these Terms or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. In addition, you agree that your feedback will not contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam.” ANIMAL HEARTS may remove any information you submit to the Site at its sole discretion if it violates these Terms or any applicable law, or is otherwise objectionable.
We reserve the right but not the obligation to remove any user content for any reason, including without limitation our belief that user content violates these Terms.
Except for user content, all right, title and interest in and to the Site, including but not limited to the design, selection, arrangement, and “look and feel” of content, are and shall remain the intellectual property and copyrighted works of ANIMAL HEARTS and/or its parent company. You may not use or frame any ANIMAL HEARTS name, trademark, logo or other proprietary materials, including images posted on the Site, the Content of any text or the design of any page, or form contained on a page, without express prior written consent from ANIMAL HEARTS. Except as expressly stated in these Terms, neither the Site, nor any part thereof, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or distributed in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of ANIMAL HEARTS. Notwithstanding the foregoing, ANIMAL HEARTS may permit users to share specific content by making a button, widget or other such tool available for the express purpose of sharing such content on a social media channel such as Pinterest, Google+, or Facebook.
THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANIMAL HEARTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ANIMAL HEARTS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS; THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR THAT THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITE. ANIMAL HEARTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD PARTY SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ANIMAL HEARTS BE LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF ANIMAL HEARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF ANIMAL HEARTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
You agree to defend, indemnify and hold ANIMAL HEARTS and (as applicable) its parent, officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Site.
INTELLECTUAL PROPERTY COMPLAINTS
ANIMAL HEARTS is not responsible for monitoring the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against users, members or other third parties who infringe the copyright rights of others.
If you reasonably believe that any Materials on this Site contains unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, and you want us to take any action, then you must provide the following information to us (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512)):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ANIMAL HEARTS has the right, but not the obligation, to monitor any activity on the Site. We may, without notice to you: (a) disclose information from the Site to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation; (b) investigate any reported violation of its policies and complaints, and take any action it deems appropriate at any time, including without limitation, suspension or termination of your account and/or access to and/or use of the Site; and (c) in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.
ANIMAL HEARTS reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, in our opinion, defamatory, infringing or in violation of applicable law. ANIMAL HEARTS reserves the right to exclude material from the Site. Materials submitted to ANIMAL HEARTS for publication on the Site may be edited for length, clarity and/or consistency with ANIMAL HEARTS’ editorial standards.
COMPLIANCE WITH LAWS
You agree not to use the Site in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United States.
These Terms & Conditions and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms. No waiver by ANIMAL HEARTS of any breach or default of these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms represent the complete agreement between ANIMAL HEARTS and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between ANIMAL HEARTS and you.
Copyright © 2017 ANIMAL HEARTS. All Rights Reserved. The ANIMAL HEARTS logo is a registered trademark of ANIMAL HEARTS. All other trademarks, logos and service marks that may be provided as part of the Services or that are featured on the Site are the property of ANIMAL HEARTS or its respective owners.
If you have any questions regarding these Terms, please contact us on our Facebook page, @trulyanimalhearts.
Effective October 25, 2017