The Good Bear, Inc.
TERMS OF SERVICE (THE “AGREEMENT”):
Last Updated: June 30, 2014
The Good Bear, Inc. (“Good Bear”) owns and operates a mobile application entitled DoggyBnB that connects Dog Owners (as defined below) with their friends and dog lovers who wish to host dogs and/or other pets in their home as well as offer other Dog Owner Requested Services (as defined below) through DoggyBnB (such online platform together with any related software applications or functionality and affiliated websites collectively referred to as “the App”.) By using the App, you agree to comply with and be legally bound by the terms and conditions of this Agreement These Terms govern your access to and use of the App and all Content (as defined below) and such Terms constitute a binding legal agreement between you and Good Bear as owner of the App. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the App and shall not use the App. For the purpose of this agreement, the terms Good Bear and DoggyBnB may be used interchangeably. The App. is intended solely for persons who are age 18 or older and any access to or use of the App. by anyone under 18 is expressly prohibited. Therefore, by accessing and using the App. you represent and warrant that you are age 18 or older.
You hereby acknowledge and agree that DoggyBnB is not a party to any agreements entered into between Dog Owners and other Members (as defined below). Members contract for services to be provided directly with other Dog Owners members; additionally, DoggyBnB a broker, agent (except as expressly set forth below) or insurer. DoggyBnB has no control over the conduct of Members, Buddies, Boarders, Dogs, Dog Owners, or any other users of the App. DoggyBnB disclaims all liability in this regard. Different sections of this App and Terms affect Dog Owners and Members differently, so please be sure to read these Terms carefully.
PLEASE READ THE FOLLOWING CAREFULLY
“Sniffer” is a free feature developed by Good Bear/DoggyBnB solely for the use of Dog Owners to arrange play dates for their dogs.
Users of Sniffer by agreeing to the Terms of Service herein, additionally agree to the Sniffer Terms of Service following the conclusion of this agreement.
Definition of Key Terms:
“BUDDIES” means a person(s) who completes the DoggyBnB account registration process and wishes to provide dog and other pet care services. A “Buddy” can be a friend, family member, colleague, neighbor or acquaintance that is a member of DoggyBnB and makes a direct 1st level connection with a dog and its owner.
“BOARDER(S)” A boarder is a buddy that makes themselves available for pet care services to not only their direct 1st level connections but 2nd and 3rd level connections. This is done via buddy profile settings and allows the member to show up on a map and be contacted for care all the time
“CONNECTION LEVEL” means how a Member is connected to a Dog Owner through the DoggyBnB community.
- “1st Connection Level” means Members have a direct connection( “Buddy”) to a Dog Owner through Facebook, their address book, or by request.
- “2nd Connection Level” means Members have an indirect connection to a Dog Owner through common Buddies through Facebook or their address book.
- “3rd Connection Level” means a connection that is twice removed. A member that is connected with a buddy or dog owner through a buddy of a mutual friend.
“CONTENT” means text, graphics, images, music, software, audio, video, information, documents, compilations, data, or other materials.
“DOG OWNER” means person(s) who completes the DoggyBnB account registration process and owns a pet(s) for which Dog Owner Requested Services are requested.
“DOG OWNER REQUESTED SERVICES” means any dog or pet related services such as boarding, walking, feeding, house sitting, etc.
“FETCH” means accepting a Woof that is sent out by a dog owner. A woof sent by 1st level connection is pushed directly to you and can be fetched on the home view; 2nd & 3rd level connections will appear on the list and map via “Fetch” view.
“LISTINGS” means Members may create a more advanced “Boarder” profile to list your services to the public.
“MEMBER” means any person(s) who completes the DoggyBnB account registration process and is active in the DoggyBnB network as a Dog Owner, Buddy, or Boarder.
“PERSON” primarily means an individual but may include a corporation or other legal business entity. The authorized official of the business entity who completes the
DoggyBnB account registration must be 18 or older.
“SNIFFER” refers to a free service developed by Good Bear/DoggyBnB as a separate service solely for Dog Owners.
“WOOFS” are requests by Dog Owners sent to other Members for dog and other pet services.
Access and Compliance:
By accessing the App, you agree to be bound by these Terms, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms each time you use the App to be aware of any such modification. Continued access to or use of the App shall be deemed conclusive evidence of your acceptance of any such modified agreement.
How the App Works:
The App can be used to facilitate the listing and booking of Dog Owner Requested Services. Such requests or Woofs are sent at the discretion of the Dog Owner but can be included in Listings on the App available to 2nd Level and 3rd Level Connections or service providers who are willingly looking to provide such services in a specific geographic location. Additionally, when Dog Owner Requested Services are made public, Buddies and Boarders who are considered 2nd Level and 3rd Level Connections may inquire to provide services to the Dog Owner.
The App provides a mobile platform through which Dog Owners may create a push request for Dog Owner Requested Services or “Woofs” to be provided by Members of the DoggyBnB community otherwise known hereafter as “Buddies” or “Boarders”. Woofs will be originated by a Dog Owner and limited to the Connection Level determined by the Dog Owner. Members may learn about and accept or “Fetch” such Dog Owner Requested Services at their discretion.
As stated above, DoggyBnB makes available a platform for Dog Owners to create a community to connect with their trusted friends as well as a marketplace with related technology for Dog Owners and other Members to meet online and arrange for the booking of Dog Owner Requested Services. DoggyBnB does not provide any dog or other pet-related services. DoggyBnB ‘s responsibilities are solely limited to: (i) facilitating the availability of the App. and (ii) serving as a limited agent for the purpose of accepting payments for Dog Owners for booking services for their dogs and other pets.
PLEASE NOTE THAT DOGGYBNB CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE PROVISION, QUALITY, CONDITION, LEGALITY, OR SUITABILITY OF ANY DOG OWNER REQUESTED SERVICES. DOGGYBNB IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL
As a Member you may create a more advanced “Boarder” profile to list your services to the public. To this end, you will be asked a variety of questions about the Boarder services to be listed, including, but not limited to, your residence/location and pets, the type and availability of the Boarder services, pricing and related rules and financial terms. Listings will be made publicly available via the App. Other Members will be able to book your Boarder services via the App based upon the information provided in your Listing. You understand and agree that once a Dog Owner books your Boarder services and you confirm, the price for such Boarder services may not be altered. DoggyBnB reserves the right, at any time and without prior notice, to remove or disable access to any offered service for any reason, including Listings that DoggyBnB, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the App. Should you cancel, violate or not perform your duties as reasonably expected by the Dog Owner, you may be given a strike to your profile. A maximum of three (3) strikes by an individual or service provider and you will be removed from the App. Any disputes to the strike policy can be petitioned at email@example.com
Certain Member Obligations (Including to Comply with All Applicable Laws and Obtain All Necessary Licenses and Permits):
You acknowledge and agree that, as a Member (Dog Owner, Buddy, or Boarder), you are responsible for any and all requests and Listings you post. Accordingly, you represent and warrant that any Dog Owner request or Boarder services you post and the provision of any Buddy/Boarder Services in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, including, but not limited to, laws governing the treatment of animals and any federal, state or local permits or licensing requirements, and (b) not conflict with the rights of third parties.
EACH Member (Dog Owner, Buddy, or Boarder) IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY DOG BOARDING SERVICES OR OTHER HOST-PROVIDED SERVICES AND DoggyBnB ASSUMES NO RESPONSIBILITY FOR A MEMBER, BOARDER, OR HOSTS FAILURE TO OBTAIN SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.
DoggyBnB does not endorse any Members (Dog Owners, Buddies, or Boarders) in general. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others whom you contact via the App. We will not be responsible for any damage or harm resulting from your interactions with other Members or their dogs or any dogs with Members. By using the App, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm (or whose dog caused you harm) and you agree not to attempt to impose liability on, or seek any legal remedy from DoggyBnB with respect to any such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site regarding any Dog Owner Requested Services or Listings made by you.
You understand and agree that DoggyBnB does not act as an insurer or as a contracting agent for you as a Dog Owner, Buddy, or Boarder offering its services. As a Dog Owner requesting service(s) or as a Member offering service(s), any agreement you enter into is between you and the Member and DoggyBnB is not a party thereto. Notwithstanding the foregoing, DoggyBnB serves as the limited authorized agent of its Members solely for the purpose of accepting payments from Dog Owners on behalf of the Members and is responsible for transmitting such payments to them. You acknowledge and agree that, as a Member, you are responsible for your own acts and omissions.
DoggyBnB recommends that Boarders who are members of DoggyBnB for the purpose of offering boarding services obtain appropriate insurance for their own risk. Please review any insurance policy that you obtain carefully, and in particular please make sure that you are familiar with and understand any exclusions to and any deductibles that may apply for such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of dogs with respect to which you provide any services to a Dog Owner.
Information on the Website:
Although DoggyBnB attempts to maintain the integrity and accuracy of the information on the App, we make no guarantees as to its correctness, completeness, or accuracy. The App may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations may be made to the App by third parties without our knowledge or consent. If you believe that information found on the App is inaccurate or unauthorized, please inform us by contacting us via the “Contact Us” link.
Your Information and Photos:
As part of the App, DoggyBnB occasionally shares photo updates of profiles, pet care requests, guest dogs and resident dogs with app users and the public. You agree that DoggyBnB may, at its sole discretion, publish these photos on the Site and across social media including without limitation Facebook, Twitter, Pinterest, Instagram and similar sites.
You hereby represent and warrant to DoggyBnB that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for DoggyBnB or cause DoggyBnB to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
DoggyBnB, through its proprietary community of dog owners and members willing to provide pet services, arranges for the provision of the Dog Owner Requested Services to Members, including, but not limited to temporary dog boarding, dog daycare and related services in the comfort of the Buddies and Boarders private residences. As a Dog Owner requesting service you may create listings or “Woofs”, and will be asked detailed information about the time, place and pets (if relevant). You may set the pricing and terms for your services within the parameters permitted by the App. DoggyBnB charges a service Fee of the greater of $1 or 15% to the Dog Owner to cover the costs of payment processing and Site administration. As a host, you contractually agree that the first and all future bookings with a Dog Owner from DoggyBnB will be booked via the App. Failure to abide by this policy or to Post Woofs and repeatedly cancel them may result in suspension from the App.
DoggyBnB will charge a listing fee the greater of $1 or 15% for each Woof transmitted though the App’s mobile and/or web based applications to the payment mechanism provided by DoggyBnB. For services canceled or not rendered, DoggyBnB will charge the listing fee anyways to be credited to the listing fee on future transactions. TO BE CRYSTAL CLEAR, DOGGYBNB DOES NOT ISSUE REFUNDS FOR LISTING FEES.
DoggyBnB uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree’s payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that DoggyBnB is not a party to the MSA and that you, Braintree and Braintree’s sponsoring bank are the three (3) parties to the MSA and that DoggyBnB has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.
Termination and Account Cancellation:
DoggyBnB may, in its sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our App, and (b) deactivate or cancel your DoggyBnB Account or registration or similar uses of the App. DoggyBnB’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. DoggyBnB may provide notice of termination by regular mail or email. You may cancel your DoggyBnB Account at any time by sending an email firstname.lastname@example.org. However, you are personally liable for any orders, listings or pending transactions that you place or for charges that you incur prior to your termination/cancellation. Please note that if your DoggyBnB Account is cancelled, we do not have an obligation to delete or return to you and may continue to use any Content you have posted to the App.
Limitation of Liability and Release:
By agreeing to serve as a Buddy or Boarder and board dogs or provide other Services to a Member, you expressly assume the risk of any damages, including property damages or personal injury, which you or anyone else present in your residence/location may suffer. It is the sole responsibility of Members to make decisions that are in the their own best interests, their residences and their pets. It is strongly recommended that all members schedule a “Meet-n-Greet” with all dogs owners and their dogs before providing dog boarding or other Dog Owner Requested Services to mitigate as many risks as possible.
Should you agree to serve as a host a dog in your residence/location (including without limitation if you have any children under the age of 18 at your home), you agree and acknowledge as follows:
You agree that you are and your children/child/ward are voluntarily agreeing to board or otherwise handle a dog belonging to another at your residence/location. You are assuming, on behalf of yourself and/or your children/child/ward, all risk of personal injury, death or disability to you and/or your child/ward that might result or arise from the boarding or handling of this dog, or any damage, loss or harm to your reason or personal property which you or your children/child/ward may incur. You understand that the risks that come with boarding or handling a dog who is not accustomed to you, your children/child/ward, and your residence/location and that there are inherent risks; and
You agree on behalf of yourself and/or your children/child/ward and your/their personal representatives, successors, heirs, and assigns to hold DoggyBnB, its affiliates, officers, directors, agents, employees, and members (collectively, the “Releases”) harmless from any and all claims or causes of action arising out of any transaction related to the App including the boarding or handling of this dog or other pet. You expressly release and discharge Releases from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to you and/or your children/child/ward, while the dog is boarding in your residence/location or you otherwise provide any Dog Owner Requested Services. If you are a California resident, you, on behalf of yourself and/or your children/child/ward and your/their personal representatives, successors, heirs, and assigns, waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” This release is valid and effective whether the damage, loss or death is a result of any act or omission on the part of any of Releases or from any other cause. This waiver and release of all liability includes, without limitation, any injuries, illness, or accidents, which may occur as a result of the dog or other pet boarding in your residence/location or any other Dog Owner Requested Services. By proceeding with this transaction or otherwise using the App, you understand that you voluntarily give up your right to sue the above mentioned parties.
WHETHER YOU ARE A MEMBER OR A HOST, YOU AGREE NOT TO HOLD DOGGYBNB OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH (A) ANY INSTRUCTION, ADVICE, ACT OR SERVICE PROVIDED BY DOGGYBNB OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS, (B) ANY DESTRUCTION OF YOUR INFORMATION, (C) ANY DISPUTE WITH ANY OTHER USER OF THE APP, (D) MEMBERS’ FAILURE TO PROVIDE SERVICES OR PROVISION OF INCOMPLETE OR POOR SERVICES, (E) ANY INJURIES OR HARM SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION YOUR FAMILY MEMBERS, FRIENDS OR OTHER UNRELATED PARTIES), (F) ANY INJURIES OR HARM SUFFERED BY ANY DOGS OR OTHER PETS, (G) ANY DAMAGE OR HARM TO REAL OR PERSONAL PROPERTY, OR (H) ANY OTHER CONDUCT, ACT OR OMISSION OF ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, OR DESTRUCTION OF PROPERTY.
UNDER NO CIRCUMSTANCES SHALL DOGGYBNB OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS APP OR THE DOG OWNER REQUESTED SERVICES, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS APP THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DOGGYBNB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS APP, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS APP, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT DOGGYBNB OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00), EXCLUDING ANY OBLIGATIONS TO PAY AMOUNTS TO MEMBERS OR REFUNDS TO MEMBERS PURSUANT TO THESE TERMS.
You agree that the limitations specified in this section will survive your access to and use of the App and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. You also expressly acknowledge and agree that DoggyBnB has set its prices and entered into these Terms in reliance upon the limitations of liability specified herein, which allocate the risk between you and DoggyBnB and form a basis of the bargain between the parties.
Links to Third Party Websites:
The App may contain links or have references to websites controlled by parties other than DoggyBnB. DoggyBnB is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. DoggyBnB is providing these links to you only as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by DoggyBnB of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by DoggyBnB. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
DISCLAIMER OF WARRANTIES:
THE APP AND CONTENT PROVIDED ON THE APP ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. DOGGYBNB AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AS WELL AS ITS THIRD PARTY PROVIDERS, HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE APP, THE DOG OWNER, THE DOG OWNER REQUESTED SERVICES, BUDDIES, BOARDERS, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. DOGGYBNB AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE APP OR CONTENT ASSOCIATED WITH THE APP, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE APP AND/OR THE CONTENT ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOGGYBNB AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE APP WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY DOG OWNER REQUEST SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE, SECURE OR OTHERWISE OBTAIN THROUGH THE APP WILL MEET YOUR REQUIREMENTS; OR (C) ANY SOFTWARE OFFERED VIA THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER DOGGYBNB NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE APP AND/OR CONTENT ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. DOGGYBNB IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY DOGGYBNB. DOGGYBNB EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF MEMBER PROVIDED SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE APP. YOU USE AND ACCEPT DOG OWNER REQUESTER SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID MEMBER PROVIDED SERVICES. LICENSING, PERMITS, AND CERTIFICATION REQUIREMENTS (OR THE ABSENCE THEREOF) FOR SOME OR ALL OF THE DOG OWNER REQUESTED SERVICES AND MEMBER PROVIDED SERVICES OFFERED BY MEMBERS WIDELY VARY BY STATE, COUNTY, CITY, MUNICIPALITY OR TOWNSHIP. DOGGYBNB MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF THE MEMBERS ACCEPTING DOG OWNER REQUESTED SERVICES OR DOG OWNERS SEEKING MEMBER PROVIDED SERVICES THROUGH THE APP HAVE COMPLIED WITH ANY APPLICABLE STATE, COUNTY OR MUNICIPAL OR OTHER LAWS, STATUTES, ORDINANCES OR REGULATIONS OF ANY KIND. NOTWITHSTANDING DOGGYBNB’S APPOINTMENT AS THE LIMITED AGENT OF THE MEMBERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM MEMBERS ON BEHALF OF THE BUDDIES AND BOARDERS, DOGGYBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY DOG OWNER, MEMBER OR OTHER THIRD PARTY.
You shall defend, indemnify and hold harmless DoggyBnB and its affiliates, directors, officers, employees, agents, and Third Party Providers (collectively, the “Indemnified Parties”) against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ and accounting fees and costs) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the App or Dog Owner Requested Services orpet related services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of the relevant Indemnified Parties. DoggyBnB and its affiliates, directors, officers, employees, agents, and Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the App and/or the Content associated with the App other than in accordance with these Terms; (b) the combination of the App and/or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
Notice for Users in California:
This notice is for users of the App residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
Intellectual Property Rights:
The Good Bear, Inc. and DoggyBnB and all materials provided on the App and associated website, including but not limited to Content, information, documents, products, logos, graphics, sounds, images, compilations, and other materials are proprietary and protected by international copyright and trademark laws. The owner of copyrights and trademarks, names, logos and service marks are those of DoggyBnB, and certain intellectual property is owned by and proprietary to its affiliates or respective third party authors, developers or vendors (“Third Party Provider(s)”). Except as stated herein, none of the materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of DoggyBnB and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Content displayed on or otherwise accessible from the App on any other server without the prior express written permission of DoggyBnB.
Copyright Complaints and Copyright Agent:
Owners of copyrights or their agents that believe anything posted on this App or website infringes upon said copyrights will submit a notice including the following information pursuant to the Digital Millennium Copyright Act (“DMCA”) to DoggyBnB immediately upon discovery:
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the App or website where the material you claim is infringed is located. Include enough information to allow DoggyBnB to locate the material, and explain why you think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name and full description of the material in which it has been produced, published, or released;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Employment and Withholding:
DoggyBnB is not an employment service and does not serve as an employer of any user. As such, DoggyBnB will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of the Services. You understand and agree that if DoggyBnB is found to be liable for any tax or withholding tax in connection with your use of the Services, then you will immediately reimburse and pay to DoggyBnB an equivalent amount, including any interest or penalties thereon.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, DoggyBnB is not acting as an agent for any Dog Owner, Member or any other user or visitor of the Services or the App.
You are responsible for complying with all applicable tax laws and regulations related to your use of the App and Dog Owner Requested Services. Without limiting the foregoing, each Member is responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in his or her listings. DoggyBnB is not responsible for any taxes related to your use of the App or the Dog Owner Requested Services.
Controlling Law and Jurisdiction:
These Terms will be interpreted in accordance with the laws of the State of New York, without regard to its conflict-of-law provisions. You and DoggyBnB agree to submit to the personal jurisdiction of a state court located in New York County, New York or a United States District Court located in the Southern District of New York for any actions for which the parties retain the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below and shall be subject to the exclusive jurisdiction of the state and federal courts located in New York, NY. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute.
Dispute Resolution & Waiver of Jury Trial:
You and DoggyBnB agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the App (“Dispute”), will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Either you or DoggyBnB may elect to have such Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND DOGGYBNB ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow the law of the State of New York, and any award may be challenged if the arbitrator fails to do so. In addition to the exclusions above, you and DoggyBnB may initiate action in the state or federal courts in the Southern District of New York to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Notwithstanding the provisions of the “Access and Compliance” section above, if DoggyBnB changes this “Dispute Resolution & Waiver of Jury Trial” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com ) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of DoggyBnB’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and DoggyBnB in accordance with the provisions of this “Dispute Resolution & Waiver of Jury Trial” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).[T1] [DJ2]
You acknowledge and agree that you and DoggyBnB are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and DoggyBnB otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
You may not assign these Terms without the prior written approval of DoggyBnB. Any purported assignment in violation of this section shall be void. DoggyBnB reserves the right to use Third Party Providers in the provision of the App and/or the Content associated therewith. Any and all rights not expressly granted herein are reserved by DoggyBnB.
If you have any questions about these Terms or the App, please contact DoggyBnB at: firstname.lastname@example.org
PLEASE READ THE FOLLOWING “SNIFFER” TERMS OF SERVICE CAREFULLY
Last Updated: June 30, 2014
PLEASE READ THIS DOCUMENT CAREFULLY
The Good Bear, Inc. ( “we,” or “us”) owns and operates the DoggyBnB mobile app and the “Sniffer” function and related website “www.doggybnb.com”. “Sniffer” is a free service developed solely for the use of member dog or other pet owners of DoggyBnB (“Sniffer” or the “Service”). By using Sniffer in any way, you accept these additional Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use Sniffer.
- Who May Use Sniffer
- License to Use Sniffer
- Term and Termination; Account Deletion
- Disclaimers; Limitation of Liability
- Code of Conduct; Prohibited Activities
- Content Restrictions
- Licenses Granted by You
- Your Representations and Warranties
- Third Party Copyrights and Other Rights
- General Provisions
1. Who May Use Sniffer
You must be at least 18 years of age to use Sniffer. Use is void where prohibited. By using Sniffer, 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. If you use Sniffer, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
2. License to Use Sniffer
The Good Bear, Inc. grants you a limited, non-exclusive license to access and use Sniffer for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by The Good Bear, Inc in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Sniffer nor will you take any measures to interfere with or damage Sniffer. All rights not expressly granted by The Good Bear, Inc are hereby reserved.
- What information we may collect about you
- What we use that information for
- What third-party information, if any, you are agreeing to share by using Sniffer and
- With whom we share that information
To use Sniffer, you must set up an account and profile as a dog or other pet owner on DoggyBnB either through your Facebook or other social networking login or email and confirm your interest in using Sniffer by granting access to your DoggyBnB profile. By doing this, you are authorizing us to access certain information in your DoggyBnB account/profile, including information about Facebook or other social networking friends or contacts you are connected with on DoggyBnB and might share in common with other Sniffer, by way of DoggyBnB users. By allowing us to access your DoggyBnB profile, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, your dog or other pet or dogs’ name and profile, as well as the name and profile picture of your Facebook friends or contacts whom you share in common with other potential Sniffer users in the DoggyBnB network that you may become connected to by the random algorithm triggered by your preferences and location. Please take precautions to protect your password and contact us at email@example.com if you believe your Sniffer profile through DoggyBnB has been accessed by an unauthorized person.
5. Term and Termination; Account Deletion
This Agreement begins on the date you first use Sniffer and continues until terminated in accordance with the provisions hereof.
The Good Bear, Inc., as owners and operators of DoggyBnB may suspend, disable, or delete your account (or any part thereof) if The Good Bear, Inc. in its sole discretion determines that you have violated any provision of this Agreement or that your conduct or content has or would damage DoggyBnB’s reputation or goodwill. If The Good Bear, Inc. deletes your account for the foregoing or any other reasons, you may not re-register under a different name.
Upon termination, all licenses granted by The Good Bear, Inc will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. The Good Bear, Inc shall not be responsible for the loss or use of such content.
6. Disclaimers; Limitation of Liability
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER SNIFFER USERS. YOU UNDERSTAND THAT The Good Bear, Inc CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. THE GOOD BEAR, INC ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE GOOD BEAR, INC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER.
b. IN NO EVENT SHALL THE GOOD BEAR, INC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SNIFFER SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, PROPERTY LOSS OR DAMAGE, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SNIFFER SERVICE OR PERSONS YOU MEET THROUGH SNIFFER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
c. The Good Bear, Inc reserves the right to modify Sniffer at any time. You are responsible for providing your own access to Sniffer. The Good Bear, Inc has no obligation to screen or monitor any content and does not guarantee that any content available on Sniffer complies with this Agreement or is suitable for all users.
d. The Good Bear, Inc provides Sniffer on an “as is” and “as available” basis. You therefore use Sniffer AT YOUR OWN RISK. The Good Bear, Inc. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law or otherwise. Without limiting the foregoing, The Good Bear, Inc makes no representations or warranties:
i. That Sniffer will be permitted in your jurisdiction;
ii. That Sniffer will be uninterrupted or error-free;
iii. Concerning any content submitted by any user;
iv. Concerning any third party’s use of content that you submit;
v. That any content you submit will be made available on Sniffer or will be stored by The Good Bear, Inc
vi. That The Good Bear, Inc will continue to support any particular feature of Sniffer
vii. Concerning sites and resources outside of Sniffer, even if linked to or from Sniffer
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Sniffer, and no warranties shall apply after such period.
7. Code of Conduct; Prohibited Activities
In using Sniffer you must behave in a civil and respectful manner at all times. Further, you will not:
- Harass or stalk any other person;
- Harm or exploit minors;
- Act in a deceptive manner by, among other things, impersonating any person;
- Collect information about others;
- You will not express or imply that any statements you make are endorsed by The Good Bear, Inc. without our specific prior written consent;
- You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
- You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site;
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
The Good Bear, Inc has the right, but not the obligation, to monitor all conduct on and content submitted to Sniffer
8. Content Restrictions
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to The Good Bear, Inc or to any other user. If information provided to The Good Bear, Inc, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”). You may not submit content that is:
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- contains sexually explicit content;
- provides instructional information about any illegal activities including without limitation making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations. You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.
9. Licenses Granted by You
You grant The Good Bear, Inc. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content in whole or in part. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Sniffer permission to view your content for their personal, non-commercial purposes. If you make suggestions to The Good Bear, Inc on improving or adding new features to Sniffer, The Good Bear, Inc. shall have the right to use your suggestions without further permission and without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to The Good Bear, Inc and grant the licenses set forth herein; (ii) The Good Bear, Inc will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless The Good Bear, Inc. and its affiliates, directors, officers, employees, and agents, from and against all third party claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ and accounting fees and costs) that: (i) arise from your activities on Sniffer; (ii) assert a violation by you of any provision of this Agreement; or (iii) assert that any content you submitted to Sniffer violates any law or infringes any third party right, including any intellectual property rights or privacy rights.
12. Third Party Copyrights and Other Rights Copyright Policy
The Good Bear, Inc respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Sniffer by way of DoggyBnB do not infringe any third party copyright or any other intellectual property rights.
The Good Bear, Inc will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a rights holder’s copyright. In addition, The Good Bear, Inc. may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
13. DMCA Takedown Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on Sniffer , sufficient for The Good Bear, Inc. to locate the material.
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
You may submit this information via:
- Email: firstname.lastname@example.org
- Offline: The Good Bear, Inc’s Copyright Agent (see below)
If you believe that your material has been removed by mistake or misidentification, please provide The Good Bear, Inc with a written counter-notification containing the following information:
- Your name, address, and telephone number.
- A description of the material that was removed and the location where it previously appeared.
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which The Good Bear, Inc may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
- Your electronic or physical signature.
You may submit this information via:
- Email: email@example.com
- Offline: The Good Bear, Inc Copyright Agent (see below)
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
The Good Bear, Inc’s Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to The Good Bear, Inc Copyright Agent:
14. General Provisions
GOVERNING LAW: These Terms will be interpreted in accordance with the laws of the State of New York, without regard to its conflict-of-law provisions. You and Sniffer agree to submit to the personal jurisdiction of a state court located in New York County, New York or a United States District Court located in the Southern District of New York for any actions for which the parties retain the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below and shall be subject to the exclusive jurisdiction of the state and federal courts located in New York, NY. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by The Good Bear, Inc. in exercising any right hereunder will waive any further exercise of that right. The Good Bear, Inc.’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Sniffer’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from The Good Bear, Inc electronically. The Good Bear, Inc. may provide all such communications by email or by posting them on Sniffer. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at firstname.lastname@example.org or the following address:
The Good Bear, Inc
62 W. 9th Street, Apt 4F
New York, NY 10011
Nothing herein shall limit The Good Bear, Inc’s right to object to subpoenas, claims, or other demands.
MODIFICATION; ENTIRE AGREEMENT:
This Agreement may not be modified except by a revised Terms of Service posted by The Good Bear, Inc. on Sniffer or a written amendment signed by an authorized representative of The Good Bear, Inc A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between The Good Bear, Inc and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
If you have any questions about this Agreement or the Service, please contact Sniffer at: email@example.com
END OF DOCUMENT.
The Good Bear, Inc.
Last Updated: June 30, 2014
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States.
PLEASE READ THE FOLLOWING CAREFULLY
1. Information Collection and Use
Our primary goals in collecting information are to provide and improve our Site, App, our Services, features and content, and to enable users to enjoy and easily navigate the Site.
2. Personally Identifiable Information
When you access the Site or register with us through the App and become a DoggyBnB Member, when you choose to post or reserve a listing, or when you contact a DoggyBnB Member using the “Woof” feature of the Site, we will collect personally identifiable information. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes, but is not limited to, your name, phone number, email address, date of birth, and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the App, we may also ask for your credit card number and billing information (“Billing Information”) (Identity Information and Billing Information together, “Personal Information”). However, if the address of a listing you post matches that of your credit card billing address, that address may be considered Identity Information.
We also collect other information that you provide as part of your registration and the administration and personalization of your profile webpage including without limitation, zip code (on its own) and individual preferences or demographic information (“Non-Identifying Information”). Non-Identifying Information includes Personal Information that we aggregate or otherwise render anonymous.
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries. We may use your Personal Information (and disclose it to third parties) to verify your identity, derive other information about you, for fraud prevention, to enforce the terms of the Terms of Service and otherwise protect the integrity of our Site or Service, or to verify other information you provided to us or included in your profile, including for example any associations, certifications, or other attributes of your profile. We may also verify your profile information through other means.
We may also use your Personal Information to contact you with DoggyBnB newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information. (See “Changing or Deleting Information,” below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
We may use and disclose your Identity Information to third parties for advertising and promotional purposes, but never for directing marketing purposes without your consent. (See Section 11, below, for more information regarding such use and disclosures to third parties.)
3. Log Data
When you visit the Site or App, whether as a DoggyBnB Member or a non-registered user just browsing (any of these, a “DoggyBnB User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, App, and the Service and for the Site and App’s technical administration, to increase our Site and App functionality and user-friendliness, and to better tailor it to our visitors’ needs. We also use this information to verify that visitors to the Site and App meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
DISCLOSURE TO GOOGLE AND OTHER ANALYTICS SERVICES
5. Web Beacons
Our Web pages contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
6. Messages Sent Via a DoggyBnB Account
As part of the Service, DoggyBnB Users may communicate with DoggyBnB Members through use of the “Woof” or “Message” feature on the App. Where DoggyBnB Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from DoggyBnB to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee.
You can import contacts from your phone address book or Facebook or other social networking sites to invite them to send a message. We collect the username and password for the email account you wish to import your contacts from and will use it for that purpose only. By choosing to import your contacts, you consent to our access of your phone address book. Your use of the “Contact” feature (or any other messaging feature) of the Site is subject to the Terms of Service. We have the right, but not the obligation, to review, save, edit, decline to transmit, and otherwise use such messages, including their contents, in our sole discretion. YOUR USE OF THE “CONTACT” OR ANY OTHER MESSAGING FEATURE OF THE SITE CONSTITUTES BOTH YOUR ACKNOWLEDGEMENT THAT MESSAGES SENT USING THESE FEATURES ARE NOT PRIVATE, AND YOUR CONSENT FOR US TO REVIEW, SAVE, EDIT, DECLINE TO TRANSMIT, AND OTHERWISE USE THE MESSAGES OR THEIR CONTENTS OR DISCLOSE THEIR CONTENTS TO THIRD PARTIES, IN OUR SOLE DISCRETION.
Identity theft and the practice currently known as “phishing” are of great concern to DoggyBnB. Safeguarding information to help protect you from identity theft is a priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website at http://www.ftc.gov.
8. Information Sharing and Disclosure
DoggyBnB is designed to allow Members(“Buddies” and “Boarders”) who have a home to host dogs or other pets, Members who will travel to another Members home to watch dogs or other pets (“Buddies”), and Members who wish to find care for their dogs or other pets (“Pet Owners”) to share information with one another in order to facilitate arranging stays and sittings. Profiles posted by Buddies and Boarders, ratings and reviews of Buddies, Boarders and Pet Owners, and the Profile Information (as defined below) of Buddies and Pet Owners, are visible to any Member in the network. If a Buddy or a Boarder and a Pet Owner enter into a confirmed transaction with one another (the Buddy accepts the Pet Owner’s request, and the Pet Owner’s payment details are collected and processed), then the Pet Owner and the Buddy’s Identity Information are shared with each other in order to facilitate the reservation. In no event is a Pet Owner’s Billing Information shared with their Buddy or Boarder.
If you post any of your information to a public area of our Service, please be aware that it is no longer Personal Information for the purposes of this policy, and we or anyone else may use such information without restriction. If you provide access to Personal Information or other information, including your email address or name, to a limited set of other users outside of our privacy controls or other settings, please understand that DoggyBnB has no control over how others may collect, use, or disclose such information.
9. DoggyBnB Members and Users
When you register through the Site or App and submit your Personal Information to create a profile webpage, DoggyBnB Users will see your first name and last initial (“Required Member Identifiers”). You can choose what other Personal Information you provide as part of your profile (“Other Member Information”) (together, your “Profile Information”). We will display your Profile Information in your profile page, elsewhere on the Site and App, and on third party sites (e.g., through the use of a HTML “widget” or API). Any information you choose to provide as part of your profile should reflect how much you want other DoggyBnB Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your profile information at any time.
If you post a listing, we may publish that listing anywhere on the Site and may enable third parties to publish your listing on their site through the use of an HTML “widget”. We may also display the geographical location of your listing in the form of a map so that potential guests can see the general area and neighborhood of your listing, but your actual street address will not be disclosed until you enter into a confirmed transaction with another DoggyBnB Member. If you enter into a confirmed transaction with another DoggyBnB Member (that is, you request hosting or sitting from another Member, the other Member confirms your reservation, and your payment is processed) you will have access to that Member’s Identity Information, and that Member will have access to your Identity Information. Note that we will not provide other Members with access to your Billing Information.
10. Aggregate Information and Non-Identifying Information
We may share aggregated information that does not include Personal Information and we may otherwise share Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information, unless such Personal Information is Non-Identifying Information.
11. Third Party Service Providers
We may employ third party companies and individuals to facilitate, advertise and promote our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used. These third parties may gain access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications. We may use your Identity Information, alone or in conjunction with any content you submit to the Site, to advertise and promote the Service and the pet care services you provide (including without limitation, any photographs, words, pictures, or symbols), and may provide your Identity Information and/or your submitted content to third party service providers in connection with such advertising and promotion. For example, we may ask advertisers to display ads on third party websites which promote the pet care services you provide through DoggyBnB. With your consent, ads which we request such third parties to display may contain your name and contact information.
12. Compliance with Laws and Law Enforcement
DoggyBnB cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as ordered or as we, in our sole discretion, believe necessary or appropriate to respond to claims, investigations, and legal process (including but not limited to subpoenas), to protect the property and rights of DoggyBnB or other Members or users, or a third party, to protect the safety of the public or any person, in the event of a dispute, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
13. Business Transfers
DoggyBnB may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
14. Changing or Deleting Your Information
All Members may review, update, or correct the Personal Information in their registration profile by editing the relevant part of their profile. If you contact us, we will attempt to accommodate your request, including any request to deactivate your record in our system. See below for privacy contact information.
We have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at firstname.lastname@example.org.
We will attempt to make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site, insofar as known and consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
16. Links to Other Sites
Our Site or App may contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
17. Our Policy Toward Children
We do not knowingly collect personally identifiable information from children under 18 years of age; nor do we knowingly allow children to use our Site, App or Services. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at email@example.com. If we become aware that a child under 18 years of age has provided us with Personal Information, we will delete such information from our files.
18. International Visitors
The Service is hosted in and provided from the United States. If you use our Service from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States. The United States does not have the same data protection laws as the EU and some other regions. By providing your personal information, you consent to the transfer of your personal data to the United States and the use of your personal information in accordance with this policy.
19. Contacting Us
The Good Bear, Inc.
Last Updated: June 30, 2014
The Good Bear, Inc
62 W. 9th Street, Apt 4F
New York, NY 10011
1. Information we collect
Information collected automatically: When you use ”Sniffer”, we automatically collect and store information about your computer or mobile device and your activities. This information includes:
1. Your mobile device’s unique ID number
2. Your mobile device’s geographic location while the app is actively running
3. Your computer’s IP address
4. Technical information about your computer or mobile device (such as type of device, web browser or operating system)
5. Your preferences and settings (time zone, language, privacy preferences, product preferences, etc.)
6. The URL of the last web page you visited before coming to one of our sites
7. The buttons, controls and ads you clicked on (if any)
8. How long you used Sniffer and which services and features you used
9. The online or offline status of Sniffer
Information you choose to provide:
In order to use Sniffer, you must have a registered account and profile as a dog owner or other pet owner on DoggyBnB either through your Facebook or other social networking login or email and confirm your interest in using Sniffer by granting access to your DoggyBnB profile. By doing this, you are authorizing us to access certain information in your DoggyBnB account/profile, including information about Facebook or other social networking friends or contacts you are connected with on DoggyBnB and might share in common with other Sniffer users by way of DoggyBnB. By allowing us to access your DoggyBnB profile, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, your dog or dogs’ name and profile, as well as the name and profile picture of your Facebook or other social networking friends or contacts who you share in common with other potential Sniffer users in the DoggyBnB network that you may become connected to by the random algorithm triggered by your preferences and location.
Whenever you voluntarily disclose personal information on publicly-viewable screens or pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.
You may also (but are not required to) provide information about yourself (such as your gender, location, URL, or a biography). Any additional image or information you provide may be publicly displayed. If you wish, we will delete your account information; to do so, please close your account by sending an email to firstname.lastname@example.org. However, we are not responsible for any communications or contact you may receive prior to or following deletion of your account.
Information about others:
We may collect and store personal information about other people that is available to us through your DoggyBnB login, namely the name and picture of certain of your common buddy connections on DoggyBnB as follows: we will only share this information with other Sniffer users who are eligible to use the Sniffer function and are already connected with your mutual friend and who already have access to such information.
1. How we use your information
We use your information to provide and improve our services, award loyalty points to you, make special offers, customize services for you, better understand our users, diagnose and fix problems, and sell and display offers and ads that may be relevant to you.
While the Sniffer application is in use, we keep track of your device’s geographic location so that we can connect you to other Sniffer users based on your particular geographic location.
1. Use of your information by others
We may share user information with other companies for various reasons as described below. What information we make available to other companies depends on the nature of our relationships with them. We generally require these other companies to keep our users’ information confidential.
Service Providers: We may share all of the types of information we collect with vendors who provide services to us.
Advertisers: To the extent we display advertising on Sniffer, we may allow advertisers and advertising networks to collect information about your mobile device (including mobile device IDs), activities, and geographic location to enable them to display targeted ads to you.
Analytics Companies: We allow analytics companies to use tracking technologies to collect information about our users’ computers or mobile devices and their online activities. These companies analyze this information to help us understand how our sites and apps are being used. Analytics companies may use mobile device IDs, as described in the paragraph below (“Mobile device IDs”). Unlike cookies, device IDs cannot be deleted.
Mobile device IDs: In order to recognize you, store your preferences, and track your use of our application, we may store your mobile device IDs (the unique identifier assigned to a device by the manufacturer) when you use the Sniffer function within the DoggyBnB application. Unlike cookies, device IDs cannot be deleted.
What we don’t share: We do not provide third parties with your name, address, email address, or phone number.
Aggregated Information: We may publicly disclose aggregated information about our users, such as the total number of our users and their overall demographics.
Legal matters: We may disclose any information: in response to a legal request, such as a subpoena, court order, or government demand; to investigate or report illegal activity; or to enforce our rights or defend claims. We may also transfer your information to another company in connection with a corporate restructuring, such as a sale or merger.
1. Children’s privacy
We do not allow persons under 18 years of age to register for any service, and we do not knowingly collect any personally identifiable information from persons under the age of 18.
1. Information from users outside the United States
If you have any questions about this Policy, please contact Sniffer at: email@example.com
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