These Terms & Conditions (“Terms”), set forth the terms and conditions for your use of the Application and its related services. The Terms constitute a legally binding agreement between you and Community Pets. Please read these Terms carefully. By using the Application, you agree to be bound by and comply with the Terms, which may be updated from time to time. You also agree to our privacy policy and any other policies we post on Community Pets.
These Terms incorporate by reference Community Pets Privacy Policy. Please read the Privacy Policy carefully as you agree to its terms when you use the Application.
You may access and view the Content on your computer or other device. Any and all text, audio/visual content, photographs, images, graphics, user interfaces, materials, and all other copyrightable or otherwise legally protectable elements of the Application, including, without limitation, the design, look and feel, and selection and arrangement of the Application (together, “Content”) is protected and owned by Community Pets. Unless otherwise specified with respect to certain Content, you may only reproduce Content for personal, non-commercial purposes, provided that you do not remove any copyright, trademark, or other proprietary notices from the Content. Otherwise, you may not use any of the Content without prior written authorization from Community Pets. To request such permission, please contact support.
The Application and all of this original content are the sole property of Community Pets and are, as such, fully protected by copyright and other intellectual property rights law.
The Application may make certain services available related to finding a lost pet, posting information about a found pet (“Services”) and allow you to set up an account or become a registered user to access the Services.
To register for an account you must be at least 13 years old, you may register to become a registered user through the Application (“Registered User”). If you know a user is under the age, please report them to us. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. If you believe your account is compromised, you must contact us immediately.
We reserve the right, in our sole discretion, to suspend or terminate any Registered User at any time without any advance notice if we suspect that you have not complied with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including, but not limited to, if we suspect you are using or attempting to use the Application in any way that violates these Terms or any applicable laws or regulations.
The Application may offer features that allow you to upload photographs of your pet, a pet you have found, share information about you and such pet (collectively, “User Content”). If you submit User Content to the Application, you grant Community Pets an irrevocable, non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sublicense the rights) to reproduce, distribute, create derivative works of, and publicly display and perform User Content in whole or in part in any media now known or later developed.
When you submit any User Content, you represent and warrant that:
You irrevocably release (on behalf of yourself and your successors, assigns, heirs, family members, and executors with respect to User Content) Community Pets and its subsidiaries (and their respective directors, members, managers, officers, employees, representatives, agents, affiliates, and partners) (collectively, the “Community Pets”) from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, “moral rights,” false light, libel, defamation, false advertising, or intentional or negligent infliction of emotional distress) arising out of your use of the Application or our use of any User Content or your name, likeness, or other identifiable traits in connection with User Content. You are solely responsible for any User Content you submit to the Application. We do not endorse or adopt any User Content. We have no obligation to pre-screen, monitor, edit, supplement, or delete User Content, but we reserve the right to do so at any time without notice to anyone. We have no obligation to display or otherwise use any User Content in any way. We may restrict you from submitting new User Content or from otherwise participating in Application’s interactive features for any reason at any time. We are not responsible for any failure or delay in removing User Content that does not comply with these Terms.
Some User Content on the Application may be in the form of messages, comments, questions, or answers related to Content in direct messages with us, our animal welfare and shelter partners, or other Registered Users. We expect Registered Users of the Application to exhibit the respect and civility for others and to practice discretion on the Application.
Community Pets maintains a set of posting guidelines to foster a positive, safe, and helpful community environment. In the event of a violation of any of the following guidelines, we reserve the right to remove content or ban users from Community Pets and Community Pets social properties (e.g. Facebook or Instagram pages).
COMMUNITY PETS, our logo, and other trademarks used on the Application are trademarks owned by us or our licensors (“Our Trademarks”). You may not use Our Trademarks without prior written authorization from us or our licensors, as applicable. Additionally, you may not use Our Trademarks:
We respect the copyright and other proprietary rights of third parties. However, in cases where the Application accepts User Content, we cannot monitor all User Content submitted to the Application. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that any material posted on the Application infringes your copyright, then you may request the removal of those materials from the Application in accordance with the Copyright Act, and the procedures described below.
A notice of infringing material that complies with the Copyright Act, (“Notice”) must be sent to the agent we have designated with the Copyright Office:
Jeanine CoetzerYour Notice must be in writing and include the following:
If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Community Pets a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.
Unless you obtain our prior written consent, you may not:
Certain parts of the Application may be accessed and used without charge. For use of certain Services, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Fees vary by Service. You are responsible for payment of all applicable fees incurred by your Application account. All fees due from you to us hereunder, including to the extent applicable, quarterly subscription fees, annual subscription fees, one-time product purchase fees, recurring fees, quarterly and annual renewal fees, third-party fees, applicable taxes, and charge-back fees are referred to herein as “Service Fees”. A full breakdown of applicable Service Fees is available upon request, including advertising/service fees spent through social media (e.g. Facebook or Instagram).
You agree that we may charge all Service Fees to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided in your Registration Information. You are responsible for the timely payment of all Service Fees at the time the Services are ordered by you. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue providing Services to you. Purchases will appear on your credit or debit card statements as “COMMUNITY PETS*.” You agree not to cause your credit or debit card company to reverse or “chargeback” any Service Fees charged in accordance with these Terms and Conditions; and in the event you do so, we may terminate your use of the Site and Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.
Automatic renewal of premium subscriptions can be cancelled at any time with no notice. Once cancelled, the subscription will not renew with the next billing cycle.
THE APPLICATION AND ALL SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT, INCLUDING, BUT NOT LIMITED TO, ANY PET IMAGES AND ASSOCIATED PET INFORMATION, ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE APPLICATION OR ANY OF THE SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT OR SERVICES AVAILABLE THROUGH THE APPLICATION. ALL PET IMAGES AND ASSOCIATED INFORMATION IS PROVIDED BY THIRD PARTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITE OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES, INCLUDING, BUT NOT LIMITED TO, ANY PET IMAGES OR ASSOCIATED PET INFORMATION OF ANY KIND. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE APPLICATION, ITS CONTENT AND OUR SERVICES. IF YOU RELY ON THE APPLICATION AND ANY CONTENT OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE APPLICATION AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE APPLICATION, OR SERVICES OR CONTENT THAT MAY BE AVAILABLE THROUGH THE APPLICATION, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
COMMUNITY PETS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE APPLICATION OR ANY SERVICES OR CONTENT AVAILABLE THROUGH IT INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL COMMUNITY PETS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION OR SERVICES AVAILABLE THROUGH THE APPLICATION OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
You agree to indemnify, hold harmless, and defend (only if requested) Community Pets against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that the indemnified parties may incur based on claims arising out of your use of the Application or violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.
Community Pets reserves the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the Application. Your decision to continue to visit and make use of the Application after such changes have been made constitutes your formal acceptance of the new Terms of Service. Therefore, we ask that you check and review these Terms for such changes on an occasional basis. Should you not agree to any provision of these Terms or any changes we make to these Terms, we ask and advise that you do not use or continue to access Community Pets immediately.
If you have any questions about these Terms, please feel free to contact us at admin@communitypets.org.za.
We reserve the right to terminate the Application, these Terms, and any services offered through the Application at any time without notice, for any reason. The “User Content,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.
These Terms (which includes the Privacy Policy) are the complete agreement between you and Community Pets regarding your use of the Application and is governed by applicable federal laws and the laws of South Africa applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of the Application and these Terms exclusively in the state and federal courts located in South Africa, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. Section titles and headings are for convenience only and have no legal or contractual effect. The failure of Community Pets to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted, and the remaining provisions will be enforceable to the fullest extent permitted by law.