WEBSITE TERMS AND CONDITIONS OF USE
These Website Terms and Conditions of Use (the “Agreement”) are an agreement between you (in your capacity as an entity, an individual, or both) and Great Pets, Inc. (“Great Pets” or “We”) regarding the use of the GREAT DOGS BY BRIAN™ website, related websites, and related social media platforms (collectively, the “Website”). The Website may also include user-generated, user-supplied, or other content, including, but not limited to, images, video, data, information, documents, and materials (collectively, the “Content”).
By visiting, accessing, and using the Website, you acknowledge that you have read, understand, and agree to the terms and conditions set forth in this Agreement, as well as any Privacy Policy or other notice set forth on the Website.
1. OWNERSHIP AND INTELLECTUAL PROPERTY
The Website and all Content on the Website is owned by Great Pets and/or its licensors and is protected by the intellectual property and copyright laws of the United States, and certain international treaty provisions. You acknowledge and agree that Great Pets, and/or its licensors, related entities, and/or affiliates, owns and retains all right, title, and interest, including, but not limited to, all patents, trademarks, copyrights, trade secrets, and other intellectual property rights, in and to the Website and the Content, including, but not limited to, names, source codes, images, photographs, animation, themes, titles, characters, video, audio, music, data, metadata, technology, and text embodied or contained therein. You acknowledge and agree that you shall have no right, title, claim, or interest in or to Great Pets’ Website, the Content, or any property or intellectual property, related thereto. You shall not copy, modify, or translate Great Pets’ Website, the Content, or any other property or intellectual property related thereto, or decompile, disassemble, or reverse engineer Great Pets’ Website, or grant any other person or entity the right to do so. Unless otherwise expressly stated in this Agreement, you are not authorized to distribute or to authorize others to use or distribute Great Pets’ property or intellectual property in any manner without the prior written consent of Great Pets, including, but not limited to, any part or portion of the Website or the Content.
2. LICENSE TO USE CONTENT
To the extent that you provide materials, information, images, documents, data, or other items to Great Pets (collectively, the “Licensed Materials”), including, but not limited, via the Website, e-mail, or other means, you hereby grant a royalty-free, irrevocable, non-exclusive, worldwide license to Great Pets and its licensors, licensees, related entities, and affiliates, and anyone authorized by us, to use, copy, publish, modify, translate, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the Licensed Materials in any manner, including, but not limited to, to allow Great Pets: (a) to operate and maintain the Website, the Content, or other services; (b) to maintain and reproduce such Licensed Materials in connection with the Website, the Content, or other services; and (c) to incorporate such Licensed Materials into derivative works as permitted by law. You acknowledge and agree that you will not receive compensation of any kind for the use of any the Licensed Materials. Provide only materials, information, images, documents, or data that is yours or that you have the right to provide, namely, where you have the express written consent of the copyright holder, and do not provide any such items that are confidential or proprietary to you or any third party.
3. TERMINATION
Great Pets reserves the right in its sole discretion and at any time to terminate your access to the Website for any reason, including, but not limited to, if you have failed to comply with this Agreement.
Any termination shall not affect your obligations under this Agreement. The provisions of this Agreement which by their nature should survive termination shall survive, including, but not limited to, the rights and licenses that you have granted hereunder. Upon termination, you will immediately discontinue use of the Website and the Content.
4. DISCLAIMER REGARDING CONTENT
THE WEBSITE AND CONTENT ARE PROVIDED FOR PERSONAL EDUCATIONAL, INFORMATIONAL, CONVENIENCE, AND ENTERTAINMENT PURPOSES ONLY. THE WEBSITE IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE. RELIANCE ON THE CONTENT OR ANY INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF WEBSITE, THE CONTENT, OR INFORMATION.
5. ADDITIONAL DISCLAIMERS; NO WARRANTIES
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES. YOU ASSUME ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH THE SELECTION AND USE OF THE WEBSITE AND CONTENT AS AN AID IN ACHIEVING YOUR PERSONAL GOALS AND OBJECTIVES, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE WEBSITE OR THE CONTENT. GREAT PETS MAKES NO WARRANTY THAT THE WEBSITE OR THE CONTENT WILL BE ERROR-FREE OR FREE FROM INTERRUPTION OR FAILURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GREAT PETS DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE WEBSITE AND CONTENT, INCLUDING, BUT NOT LIMITED TO, THE SHOP AND PRODUCTS OFFERED FOR SALE VIA THE WEBSITE.
YOU AGREE THAT GREAT PETS TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE WEBSITE AND THE CONTENT, COMMUNICATION LINES, INTERNET, OR YOUR INTERNET SERVICE PROVIDER ("ISP"), COMPUTER HARDWARE, OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE WEBSITE, CONTENT, OR SERVICES PROVIDED BY GREAT PETS, E.G., THE GREAT DOGS BY BRIAN SERVICES.
6. LIMITATION OF LIABILITY.
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, THE CONTENT, OR SERVICES PROVIDED BY GREAT PETS, INCLUDING, BUT NOT LIMITED TO, THE GREAT DOGS BY BRAIN SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GREAT PETS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, DAMAGE TO EQUIPMENT, HARDWARE, OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, CONTENT, OR RELATED SERVICES, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, BREACH OF CONTRACT, OR ANY OTHER THEORY. EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GREAT PETS MAKES NO WARRANTY OR REPRESENTATION THAT THE WEBSITE, THE CONTENT, OR RELATED SERVICES WILL MEET YOUR REQUIREMENTS. FURTHERMORE, GREAT PETS DOES NOT WARRANT THAT ALL ERRORS, DEFECTS, OR INEFFICIENCIES WILL BE CORRECTED, NOR DOES GREAT PETS ASSUME ANY LIABILITY FOR FAILURE TO PROVIDE SUPPORT SERVICES AND TO CORRECT ANY SUCH ERROR, DEFECT, OR INEFFICIENCY. YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES SHALL GREAT PETS BE LIABLE FOR ANY INDIRECT, SPECIAL, ACCESSORY, EXEMPLARY, OR PUNITIVE DAMAGES SUFFERED BY YOU, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH YOU, OR ANY OTHER THIRD PARTY INCLUDING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE PERFORMANCE OR BREACH THEREOF, THE WEBSITE, OR CONTENT. IN NO EVENT WILL GREAT PETS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, EXTRACONTRACTUAL OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED BY GREAT PETS (IF ANY).
7. THIRD-PARTY LINKS
The Website may contain links or references to other independent third-party websites (the “Linked Sites”). The Linked Sites are provided solely as a convenience to you and an information resource. The Linked Sites are not hosted by, endorsed by, sponsored by, under Great Pets’ control, maintained by Great Pets, or affiliated with any services provided by Great Pets. Great Pets is not responsible for the content, security, availability, accuracy, or practices of the Linked Sites and expressly disclaims any responsibility for the Linked Sites, including, but not limited to, malware, worms, time bombs, bots, or any other harmful or deleterious programs or materials in said links or Linked Sites. You assume all risk and responsibility associated with Linked Sites and the content thereon.
8. COMPLIANCE WITH APPLICABLE LAWS
It is your responsibility to comply with, and ensure that your use of the Website complies with, all applicable local, state, national, and foreign laws and regulations, including, but not limited to, all laws relating to data privacy, communications, and the export and transmission of technical data and other regulated materials. Great Pets makes no representation that the Website, Content, or services related thereto are appropriate or available for use in any particular location. The Website and Content are intended for users located in the United States. To the extent you choose to access or use the Website, Content, or related services, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable federal, state, and local laws. Great Pets and its affiliates reserve the right to change, suspend, remove, or disable access to the Website, Content, and any related services at any time without notice for any reason.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Great Pets and its directors, officers, employees, agents, successors, permitted assigns, licensors, licensees, and affiliates from and against any and all Claims and Proceedings directly or indirectly arising from, connected with or relating to: (a) your use of the Website, Content, and related services; or (b) any negligence, misconduct, or breach of this Agreement by you. In this Agreement, “Claims” means third party claims, counterclaims, complaints, demands, causes of action, liabilities, obligations, damages, legal fees, costs, expenses, and disbursements, including, but not limited to, reasonable attorneys’ fees and court costs, of any nature or kind, whatsoever and howsoever arising, whether known or unknown, whether in law or in equity or pursuant to contract, tort, extra-contractual or statute, and whether in any court of law or equity or before any arbitrator or other body, board or tribunal; and “Proceedings” means third party actions, suits, proceedings, and hearings of any nature and kind in any court of law or equity or before any arbitrator or other body, board, or tribunal.
10. SEVERABILITY; WAIVER; ENTIRE AGREEMENT
If any provision of this Agreement is found to be contrary to law or otherwise invalid or unenforceable by a court of competent jurisdiction, then such provision shall be limited to the minimum extent necessary to effect the order of the court and construed in a way to most closely reflect the intentions of the parties. All other provisions shall remain in full force and effect. Great Pets’ failure to insist on or enforce strict performance of this Agreement shall not constitute a waiver of any provision or any right, nor shall any course of conduct between Great Pets and you or any other party be deemed to modify any provision of this Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written, oral, or other agreements, communications, and understandings relating to the subject matter of this Agreement. Both parties further agree that any waivers and modifications of this Agreement must be in writing and signed by both parties, expect as otherwise provided in this Agreement. No agency, partnership, joint venture, employment, or other kind of relationship is created as a result of this Agreement unless expressly granted by the terms of this Agreement and you do not have any authority of any kind to bind Great Pets in any respect whatsoever. Great Pets may assign this Agreement and its rights and obligations hereunder without your consent or the consent of any persons you represent. This Agreement is governed by the laws of the State of Connecticut, without reference to conflict of laws principles. Each of the parties hereto irrevocably consents to the exclusive jurisdiction to the state and federal courts located in the State of Connecticut and further agrees to commence any litigation which may arise hereunder in the Courts located in the State of Connecticut
11. Contact Information
Should you have any questions with respect to this Agreement, the Website, Content, or the GREAT DOGS BY BRIAN™ services, please contact us.