K9SKY, INC. TERMS & CONDITIONS
K9SKy, Inc. (“K9SKy”) provides use of www.k9sky.com and other related online services and mobile applications (collectively, “Service(s)”) to you subject to the following Terms of Service (“TOS”). You can get a copy of the updated version of the TOS at any time at https://www.k9sky.com/terms-conditions.
When using the Services, regular posted rules, guidelines, or terms applicable to such Services will govern your service use—all policies, regulations, or words integrated by reference into the TOS. K9SKy can also provide supplementary services that are administered by these or altered terms of Service.
This agreement is a legal contract between you and k9Sky and directs your use of the services.
By using the services, you have read, and you agree to these terms of services and K9Sky’s privacy policy (“Privacy policy”) and, if applicable, K9Sky’s end user license agreements (“Eula”), and any other related terms and conditions located on K9Sky’s website, all of which are integrated into this reference. If you do not agree to these terms of services, do not use the services.
By using the services, you have read, and you agree to these terms of services and K9Sky’s privacy policy (“Privacy policy”) and, if applicable, K9Sky’s end user license agreements (“Eula”), and any other related terms and conditions located on K9Sky’s website, all of which are integrated into this reference. If you do not agree to these terms of services, do not use the services.
In the event, any of the terms of these Terms Of Services conflict with the Privacy Policy or applicable EULA, the terms of the applicable EULA or Privacy Policy shall govern the conflicting terms. If you have any questions regarding these terms and conditions, please contact customer service at sales@K9SKy.com.
SERVICE DESCRIPTION
Unless openly stated otherwise, any new feature that enhances or improves the current Service, including new releases, shall be subject to these or other applicable Terms Of Services. You also understand and acknowledge that K9SKy may modify, terminate, suspend, or otherwise adjust any functions, features, options, utilities, tools, or other aspects of the Service at any time without prior notice to you. You understand and agree that K9SKy provides the Service “AS-IS” and that K9SKy assumes no responsibility for, among other things, deletion, timeliness, availability, failure to store any user data or communications, or customization settings, or modifications to the Service. K9SKy may make from time to time. You are accountable for accessing the Service, and that access may involve third-party fees (such as airtime charges or Internet service provider). Also, you must provide and are responsible for all equipment necessary to access the Service. You recognize and agree that the Service, any K9SKy proprietary software (“K9Sky pet care management software”), and any other necessary software provided in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Furthermore, you acknowledge and agree that Content included or information presented to you through the Service may be protected by patents, copyrights, service marks, trademarks, or other proprietary rights and laws.
Except as expressly permitted by applicable law or authorized by K9SKy, you agree not to modify, sell, rent, loan, lease, distribute or create derivative works based on the Service or other Software or materials, in whole or in part.
Except as solely enabled by any link provided by K9SKy, you agree not to display or use in any manner. By submitting ideas, documents, suggestions, and proposals (“Contributions”) to K9SKy through its suggestion or feedback web pages or otherwise, you acknowledge and agree that:
- K9SKy is not under any obligation of privacy, express or implied, concerning the Contributions;
- K9SKy may have something similar to the Contributions already under consideration or in development
- K9SKy shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide
- you are not entitled to any compensation or reimbursement of any kind from K9SKy under any circumstances.
- your Contributions automatically become the property of K9SKy without any obligation of K9SKy to you
- your Contributions do not contain private or proprietary information;
USE OF SERVICE
K9SKy does not assert ownership of Content you make accessible or submit for inclusion on the Service. However, concerning the Content you make available or submit for inclusion on publicly accessible areas of the Service, you grant K9SKy and all users of the Service a globally, non-exclusive, royalty-free and lifetime, irrevocable and fully sublicensable license to use, reproduce, distribute, modify, adapt, publish, publicly perform, translate, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Additionally, concerning Content, you make accessible or submit for inclusion on publicly accessible areas of the Services, you represent and warrant that:
- neither the distribution to nor use by K9SKy or its proprietors, including users of the Service, of such Content shall violate nor trespass the rights of any third party.
- None of the Content you submit comprises any data or information that is confidential, owned by, non-public, or otherwise proprietary to a third party, not in the public domain, or otherwise classified or protected from use by any individual, entity, or other parties for any use by a third party; and
- you have the right to grant such license and make such Content presented to K9SKy and its licensees, as well as users of the Service;
You recognize that all information, data, software, text, sound, music, video, photographs, messages, graphics, tags, or other Content, whether privately transmitted or publicly posted, are the sole responsibility of the person from whom such Content originated. This means that you, and not K9SKy, are entirely accountable for all Content that you upload, post, download, email, transmit or otherwise make accessible or use via the Service. You understand that by using the Service, you may be exposed to Content that is indecent, offensive, or unpleasant.
You agree to not use the Service to:
- “stalk” or otherwise harass another; and/or
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through g above.
You recognize that K9SKy may or may not regulate Content, but that K9SKy shall have the right (but not the obligation) to take away Content from the Service that K9SKy determines, in its discretion, may create liability or damages to K9SKy. You agree that you must evaluate and bear all risks associated with the use of any Content, including any confidence in the accuracy, usefulness, or completeness of such Content. You recognize that the Content is made accessible to you without any warranties by K9SKy of any kind and that you may not depend on any Content made accessible through the Service.
You recognize, approve, and agree that K9SKy may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is judiciously needed to:
· impersonate any person or entity, including, but not limited to, a K9SKy official, guide or host, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
ointerfere with or disrupt the Service or networks or servers connected to the Service;
oprovide material support or resources (or to conceal or disguise the nature, source, location, or ownership of material resources or support) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
oupload, post, email, transmit or otherwise make accessible any Content that: violates applicable law, including securities laws; infringes any patent, trademark, trade secret, contains any payment card information; copyright or other proprietary rights (“Rights”) of any party or use, combine, or modify the Content in any manner, with any other material, in any fashion that infringes the rights of any person; you do not exclusively have the right to make accessible under applicable law or under contractual or fiduciary relationships (such as inside information, confidential, and proprietary information learned or disclosed as part of employment relationships or under nondisclosure agreements); or otherwise may create liability or damages to K9SKy;
oupload, post, email, transmit or otherwise make accessible 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;
oupload, post, email, transmit or otherwise make accessible any unsolicited or unauthorized advertising, marketing materials, “junk mail,” “spam,” “pyramid schemes,” “chain letters,” or any other form of solicitation, except in those areas of the Service that are specially and specifically designated for solicitation;
- comply with legal process
- enforce the TOS
- safeguard the rights, personal, property or safety of K9SKy, its users, and the public
- reply to claims that any Content infringes the rights of third parties
- respond to your requests for customer service
You recognize that the technical transmission and processing of the Service, including your Content, may involve:
- transmissions over various networks
- changes to follow and adapt to technical requirements of connecting networks or devices.
You recognize that the Service may include security components that protect digital resources and that use of these resources is subject to usage guidelines set by K9SKy and/or content providers who provide such materials to the Service. You may not try to circumvent or override any digital rights management technology or usage rules embedded into the Service. Any unlawful reproduction, further distribution, publication, or public exhibition of the resources provided on the Service, in part or in whole, is strictly forbidden.
The Service or third parties may link to other web sites or resources. Because K9SKy has no control over such sites and resources, you recognize and agree that K9SKy is not accountable for the availability of such external sites or resources and does not endorse and is not accountable or liable for any content, products, advertising, or other materials on or accessible from such sites, or resources.
Furthermore, you recognize and agree that K9SKy shall not be accountable or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any such Content, services, or goods accessible on or through any such site or resource.
You recognize that K9SKy may institute general practices and limits regarding the use of the Service, including without limitation the maximum number of days that the Service will retain Content, the maximum size of any or all Content files, the maximum disk space that will be allotted on K9SKy’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, and/or any other condition of the Service. You agree that K9SKy has no accountability or liability for the deletion or failure to store any Content, messages, and other communications or other materials or Content upheld or communicated by the Service.