THE GAMPETS RULES

Our goal is to provide a service that allows you to promote the love and respect that our pets deserve sharing your content with others in a fun and interactive way. We respect the ownership of the content that users share and each user is responsible for the content she or he provides. Because of these principles, we do not actively monitor user content and will not censor user content, except in limited circumstances described below.

CONTENT BOUNDARIES AND USE OF GAMPETS

In order to provide the Gampets service and the ability to communicate and stay connected with others, there are some limitations on the type of content that may be published with Gampets. These limitations comply with legal requirements and make Gampets a better experience for all. Gampets may update or modify the Content Boundaries of Use from time to time by posting the changes on this site.

  • Explicit Graphic Content & Animal Abuse: You may not publish or post explicit violent or otherwise graphic content, such as explicit depictions of animal abuse, or bodily harm.
  • Pornography and Sexually Explicit Content: You may not post content that is pornographic or sexually explicit
  • Impersonation:Accounts portraying others in a manner that does or is intended to mislead, confuse, or deceive others may be permanently suspended.
  • Trademark: Use of a company or business name, logo, or other trademark-protected material in a manner that misleads or confuses others with regard to its brand or business affiliation may be considered a violation.
  • Sensitive Media: Sensitive media, such as nudity or mild violence, or any video that shows mistreatment of animals or that puts at risk the health and wellness of an animal will be subject to limitations.
  • Explicit Graphic Content: You may not publish or post explicit violent or otherwise graphic content, such as explicit depictions of animal abuse, or bodily harm.
  • Pornography and Sexually Explicit Content: You may not post content that is pornographic or sexually explicit
  • Threats: You may not publish or post content that is intended to incite others to commit violence, mocks victims of violence, or includes a direct and specific threat of violence to animals or others.
  • Copyright: We will respond to valid and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.
  • Unlawful Use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content

SPAM AND ABUSE

In order to provide the Gampets service and the ability to communicate and stay connected with others, there are some limitations on the type of content that may be Gampets strives to protect its users from spam and abuse. Technical abuse and user abuse are not tolerated on Gampets and may result in permanent suspension.

  • Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts.
  • Selling accounts: You may not purchase or sell Gampets accounts.
  • Spam: You may not use the Gampets service for the purpose of spamming anyone. Some of the factors that we take into account when determining what conduct is considered to be spamming are:

GAMPETS POSTS

  • If you post Gampets videos with the sole purpose of directing users to an external site or service, particularly if the service advertised is in the business of buying/selling account interactions;
  • If you post Gampets videos with deliberately misleading content;
  • If you post multiple unrelated Gampets videos to a hashtag, particularly hashtags surfaced in the Explore tab.

GAMPETS PRIVACY POLICY

Gampets, operated by Gampets LLC, located at 79 Madison Ave, Floor 3. New York, NY 10016 (“Gampets,” “we,” or “our”), recognizes the importance of your personal privacy. Therefore, we have created this Privacy Policy so that you know how we use and disclose your information when you make it available to us. The Privacy Policy below discloses our practices regarding information collection and usage for the Gampets website, mobile website, and mobile applications (collectively, the “Websites”), and the service provided thereon (the “Service”).

By using or accessing the Websites and the Service, you signify your agreement to be bound by this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE OUR SERVICE OR PARTICIPA¬¬TE IN OUR SERVICES.

Key aspects of our privacy practices described in this Privacy Policy include the following explanations:

  • The information we collect and why we collect it;
  • How we use that information;
  • How we share information; and
  • The choices we offer.

Personally Identifiable Information That We Collect:

If you elect to register on the Service, you may be required to submit certain personally identifiable information. The personally identifiable information which you may provide to us could include your email, name, and other personal information.

Non-Personal Or Aggregate Information That We Collect:

When you access our Service, we may automatically collect non-personally identifiable information from you, such as IP host address, web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on the Service and similar data. We may also aggregate demographic information collected from our users (such as the number of users in a particular geographical location) in a manner which does not identify any one individual. We may also aggregate information collected offline in connection with the Service, obtain non-personally identifiable information from third party sources and develop aggregate information by anonymizing previously collected personally identifiable information.

It is possible at times when collecting non-personally identifiable information through automatic means that we may unintentionally collect or receive personally identifiable information that is mixed in with the non-personally identifiable information. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If you believe that we have inadvertently collected your personal information, please notify us at support@gampets.com .

Information Usage:

We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:

  • We may share your personally identifiable information collected in connection with providing the Service.
  • We may use your personally identifiable information to respond to your inquires or requests.
  • We may use your personally identifiable information to send you emails from time to time about our services, but we will not provide your personally identifiable information to third parties for them to contact you directly unless otherwise permitted by this Privacy Policy or you provide your consent.
  • We may share your personally identifiable information with third parties to further the purpose for which you provided such information to us. For example, we may share your information with our email platform in order to send you emails. We urge you to read the privacy practices of any such third party before submitting any personally identifiable information through the Service.
  • We may disclose personally identifiable information as required by law or legal process.
  • We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.
  • We may transfer your personally identifiable information in connection with the sale or merger or change of control of Gampets or the division responsible for the services with which your personally identifiable information is associated.
  • We may share your personally identifiable information with an affiliate of Gampets who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.

Non-personally identifiable or aggregate information may be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such information shall not specifically identify you.

Cookies and Similar Technologies:

“Cookies” are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes. We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) on our Service to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Service. We may also use and place cookies (and similar items) on your computer from our third party service providers in connection with the Service, such as an analytics provider that helps us manage and analyze Service usage, as described more fully below. In addition, our advertisers and business partners may set cookies and similar items on your computer when you use our Service. You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your computer without your knowledge

If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out cookie) may no longer work and you will have to reinput (or opt-out) again.

Automatically Collected Information:

When you access the Service or open one of our HTML emails, we may automatically record certain information from your system by using cookies and other types of tracking technologies. This “automatically collected” information may include Internet Protocol address (“IP Address”), a unique user ID, device type, device identifiers, browser types and language, referring and exit pages, platform type, version of software installed, system type, the content and pages that you access on the Service, the number of clicks, the amount of time spent on pages, the dates and times that you visit the Service, and other similar information. Depending on the law of your country of residence, your IP address may legally be considered personally identifiable information.

Analytics and Conversion Tracking:

We use analytics services that use cookies, javascript and similar technologies to help us analyze how users use the Service. The information generated by these services about your use of the Service (including your IP address or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users’, use of the Service, compiling reports for us on website activity and providing other services relating to website activity and Internet usage.

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

We use cookies on our site for Google Analytics. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it.

Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.

Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.

Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site –for more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.

We also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the Service.

Please see https://support.google.com/adwords/answer/1722022?hl=en for more information about conversion tracking provided by Google.

Security:

The security of your personally identifiable information is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access. However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access by third parties such as hackers and your use of our Service demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personally identifiable information. For more information on protecting your privacy, please visit www.ftc.gov/privacy.

Your Disclosures In Blogs And Other Social Media:

You should be aware that personally identifiable information which you voluntarily include and transmit online on the Service or in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We are unable to control such uses of your personally identifiable information, and by using the Service or any other online services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties for any number of purposes.

If you connect to a third party service such as Facebook or Instagram through an icon or link on the Service, log in through such a third party service, or otherwise link your Gampets account with a third party service, we may share the contents of your post and associated information (such as your user name, the fact that your connection originated from the Service, and other relevant usage and diagnostic information) with such third party. With your one-time consent, we may also send information about the content you watch and your activities on the Service to such third parties. Once such information is shared, the use of your information will be subject to that service’s privacy policy and this Privacy Policy will not apply.

Protection for Children:

We generally do not collect personally identifiable information from children under the age of 18. If at any time in the future we plan to collect personally identifiable information from children under 18, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that personally identifiable information from a child under 18 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

Other Services:

As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites. When you link away from our Service, you do so at your own risk.

Changes to this Privacy Policy:

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use personally identifiable information in a way that materially differs from this Privacy Policy, including sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Service and our services following the posting of any changes to this Privacy Policy means you accept such changes.

Opt-Out Process:

All unsubscribe or opt-out requests may be made by clicking the “unsubscribe” link at the bottom of the email or emailing us at unsubscribe@gampets.com. We will process your request within a reasonable time after receipt. However, we are not responsible for, and in some cases we are incapable of, removing your personally identifiable information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent. You should contact such third parties directly. If you would like to update or correct any personally identifiable information that you have provided to us, please email us at Gampets and once we confirm your information, we will update such information within a reasonable amount of time.

Communications with Gampets:

By providing your contact information through channels including but not limited to your email address and phone number (collectively the “Channels”) to us, you expressly consent to receive communications from us. We may use the Channels to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our business partners, provided that, we will not give your contact information to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

By providing your phone number to us, you expressly consent to receive phone calls and/or text messages from us. We will not give your phone number to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

By downloading the Gampets mobile application, you consent to receive push notifications from us. You may disable push notifications through the settings on your phone, tablet or other mobile device.

Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from Gampets.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by this Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us, as well as any data developed using the content of such communication, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

No Rights of Third Parties:

This Privacy Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal information relating to users of the Service.

Site Terms of Use:

Use of this Service is governed by, and subject to, the Terms of Use (the “Terms”). This Privacy Policy is incorporated into the Terms. Your use, or access, of the Service constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THE TERMS AND THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE .

Servers:

Our servers are maintained in the United States. By using the Service, you freely and specifically give us your consent to export your personally identifiable information to the United States and to store and use it in the United States as specified in this Privacy Policy. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States.

Governing Law:

This Privacy Policy and our legal obligations hereunder are subject to the laws of Delaware, USA, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the courts located in Sussex County, Delaware, USA, in all disputes arising out of or relating to the Services.

Contact:

For questions or concerns relating to privacy, we can be contacted at l@gampets.com.

Effective Date:

This Privacy Policy was last updated on November 15, 2015.

GAMPETS TERMS OF USE AGREEMENT

Welcome to Gampets, operated by Gampets LLC, located at 79 Madison Ave, Floor 3. New York, NY 10016 (“Gampets,” “we,” or “our”).

By using or accessing the Gampets website located at www.gampets.com, the mobile website, and the mobile application named “Gampets” (collectively, the “Websites”), you agree to be bound by these Terms of Use (this “Terms of Use” or “Agreement”), whether or not you register as a member of Gampets (“Member”). If you wish to become a Member and/or make use of the service (the “Service”), please read this Agreement. I Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

  1. Electronic Agreement. This Terms of Use is an electronic contract that sets out the legally binding terms of your use of the Service. This Terms of Use is subject to change by Gampets at any time, effective upon posting on the Gampets website. By accessing and/or using the Service or becoming a Member, you accept this Terms of Use and agree to the terms, conditions and notices contained or referenced herein. Your continued use of the Service following Gampets’ posting of revised terms of any section of the Terms of Use will constitute your express and binding acceptance of and consent to the revised Terms of Use.
  2. Eligibility. You must be at least thirteen (13) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

    The Service is also not available to any users who have been previously removed or suspended from the Service.

  3. Commercial Use of Service. If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

    1. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Use;
    2. You have read and understand this Terms of Use; and
    3. You agree to this Terms of Use on behalf of the Subscribing Entity.

    Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations.

  4. Illegal/Unauthorized Uses of the Service. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Gampets, which may be revoked at any time, for any reason, in Gampets’ sole discretion.
  5. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Gampets of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Gampets will not be liable for any loss or damage arising from your failure to comply with this provision. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Gampets account.
  6. Restrictions on Use of the Service and Content

    • You must not copy or capture, or attempt to copy or capture, any content from the Websites or Service, unless given express permission by Gampets.
    • You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Websites and/or Service.
    • You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
    • You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
    • You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service
    • You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites.
    • You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Websites.
    • You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

      • any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Gampets’ sole and reasonable discretion;
      • any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
      • any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Gampets’ sole and reasonable opinion;
      • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user’s use and enjoyment of the Service; or
      • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
  7. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
  8. You must not rent, sell or lease access to the Service, or any content on the Websites.
  9. . You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  10. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Gampets employee. If Gampets determines that any user has threatened, stalked, harassed, or verbally abused any Gampets employee or another Gampets Member, Gampets reserves the right to immediately terminate that user’s membership and suspend access to the Service.
  11. You must not sell or transfer, or offer to sell or transfer, any Gampets account to any third party.
  12. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
  13. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Gampets; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Gampets’ servers, system or network or attempt to breach Gampets’ data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking Gampets’ servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Gampets under these Terms of Use, Gampets reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

    You agree to comply with the above restrictions, and acknowledge and agree that Gampets has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

  14. You Bear Risk of Upload. Gampets uses reasonable security measures in order to attempt to protect any content or information that you upload (“Your Content”). However, Gampets cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Gampets be liable for any copying or usage of Your Content not authorized by Gampets. You hereby release and forever waive any claims you may have against Gampets for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY GAMPETS HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
  15. Modifications to Service. Gampets reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Gampets shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
  16. Term. This Terms of Use will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership at any time by visiting your Dashboard on Gampets. If you resign or cancel your membership and/or subscription to Gampets, to help Gampets analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation.

    Gampets may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Gampets. All decisions regarding the termination of accounts shall be made in the sole discretion of Gampets. Gampets is not required to provide you notice prior to terminating your membership and/or subscription. Gampets is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Terms of Use will remain in effect. All terms that by their nature may survive termination of this Terms of Use shall be deemed to survive such termination.

  17. Third Party Content. Gampets may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Gampets does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Gampets does not create Third-Party Content, nor does Gampets update or monitor it. Gampets is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.

    The Service may include links or references to other web sites or services solely as a convenience to Gampets users (collectively, the “Reference Sites”). Gampets does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

  18. Intellectual Property. Gampets, the Gampets logos and any other product or service name or slogan contained in the Service are trademarks of Gampets or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gampets or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Gampets may provide you from time to time.

    Gampets retains all proprietary rights in the Websites and the Service, except where otherwise noted. The Websites contain the copyrighted material, trademarks, and other proprietary information of Gampets, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Gampets is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Gampets and for Gampets Members’ use only. Distribution of Content to others is strictly prohibited. You agree that Gampets would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Gampets shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

    We may provide links to third party websites, and some of the content appearing on Gampets may be supplied by third parties. Gampets has no responsibility for these third party websites nor for their content, which is subject to and governed by the terms of use and/or privacy policies, if any, of the applicable third party content providers.

    You may not use any metatags or any other hidden text utilizing ” Gampets ” or any other name, trademark or product or service name of Gampets without our prior written permission. In addition, the look and feel of the Gampets Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Gampets and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

    The Service is owned and operated by Gampets LLC. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Gampets’ logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).

  19. Ownership of Your Content; Licenses.

    Gampets does not claim ownership of Your Content. However, in order to make the Services available to you and other users, Gampets needs a license from you. By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

    You agree that this license includes the right for Gampets to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Gampets for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Gampets, or other companies, organizations or individuals who partner with Gampets, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

    We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

    You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Gampets will not be responsible or liable for any use of your Content by Gampets in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

  20. Copyright Policy. Gampets prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

    Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

    79 Madison Ave, Floor 3 New York, NY 10016 Email: l@gampets.com

    When contacting us, please make sure that you include the following information:

    1. a statement that you have identified Content on Gampets that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act
    2. a description of the copyright work(s) that you claim have been infringed;
    3. a description of the Content that you claim is infringing and the Gampets URL(s) where such Content can be located;
    4. your full name, address and telephone number, a valid email address on which you can be contacted, and your Gampets user name if you have one;
    5. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
    6. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

      In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:

    7. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
    8. your electronic or physical signature (which may be a scanned copy).

      Gampets will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

      The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by mail or email at 79 Madison Ave, Floor 3. New York, NY 10016 or support@gampets.com. In all other cases, if you discover Content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use or applicable law, please report this to us at 79 Madison Ave, Floor 3. New York, NY 10016 or support@gampets.com.

  21. Repeat Infringer Policy. In accordance with the DMCA and other applicable laws around the world, Gampets has adopted a policy that it will promptly terminate without notice any user’s access to the Service if that user is determined by Gampets to be a “repeat infringer.” A repeat infringer includes, without limitation a user who has been notified by Gampets of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Gampets may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement

    In addition, Gampets accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.

  22. Limitation of Liability. In no event shall Gampets be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from Gampets or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

    The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Gampets makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL GAMPETS, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF GAMPETS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

    TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL GAMPETS HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INFRINGEMENT OF COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF GAMPETS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

    In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Gampets and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Gampets during the six months prior to notice to Gampets of the dispute for which the remedy is sought.

  23. Indemnity by You. You agree to indemnify and hold Gampets, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

    1. your use of the Service and/or Websites in violation of this Terms of Use and/or arising from a breach of this Terms of Use including without limitation your representations and warranties set forth above;
    2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;
    3. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Gampets.
  24. Privacy. Use of the Websites and/or the Service is also governed by our Privacy Policy.
  25. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Delaware with the same force and effect as if such service had been made within the State of Delaware. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
  26. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Delaware, County of Sussex, or the United States District Court for the Sussex District of Delaware. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, County of Sussex, or the United States District Court for the Sussex District of Delaware.
  27. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Terms of Use.
  28. Availability Outside the U.S. If you access Gampets from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites or Service from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.
  29. Entire Agreement.

    This Terms of Use, along with the Privacy Policy, contains the entire agreement between you and Gampets regarding the use of the Websites and/or the Service.

  30. Severability; Waiver. If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, Gampets’ failure to enforce any term of this Terms of Use shall not be deemed as a waiver of such term or otherwise affect Gampets’ ability to enforce such term at any point in the future.
  31. Headings. The section headings contained in this Terms of Use are for reference purposes only and shall not in any way affect the meaning or interpretation of this Terms of Use. Please contact us with any questions regarding this agreement. Gampets is a trademark of Gampets LLC.

    Gampets reserves all rights not expressly granted in these Terms of Use.