PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY.
YOUR USE OF THE PETADOPTABLES’ WEBSITE, INCLUDING ANY OR ALL RELATED SUB-SITE(S), SERVICE OR FEATURE, INDICATES YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS, CONDITIONS, COVENANTS, POLICIES AND NOTICES.
IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION [AGE 18 IN MOST U.S. STATES] YOU MUST MAKE SURE THAT YOUR PARENT OR GUARDIAN ACCEPTS THIS AGREEMENT ON YOUR BEHALF BEFORE YOU CONTINUE USING THIS SITE.
If you do not agree completely and without hesitation or limitation with these Terms of Service for PetAdoptable.com, then you must terminate your use of this web site immediately .
Effective date : October 24, 2013.
NOTE: Unauthorized attempts to upload or change information on the PetAdoptables.com Website ("PetAdoptables") are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act.
PetAdoptables.com (“PetAdoptables” or “the Site”) provides certain content, an online game, and/or services through the Site, which are either publicly accessible or which require registration of or log in to a membership account with PetAdoptables (an “Account”). PetAdoptables provides a virtual environment where you can virtually collect, adopt, and/or grow virtual pets (where pets grow on time and clicks). The Site includes several components: (a) the software component along with any accompanying materials or documentation, including a “human avatar,” by or through which you navigate the Site (collectively, the “PetAdoptables Client”); (b) the option (or license) to acquire (through mining) or to purchase (for “real world” money) in-game currency (“Site Currency” and/or “Virtual Currency”); (c) the option (or license) for other in-game digital items, including a mine, mining tools, pets, eggs, and/or avatar accessories, among others (“Virtual Goods,” though collectively with Site/Virtual Currency, “Virtual Items”); (d) the possibility of other game-specific content (Premium Content” as may be defined more specifically in the applicable PetAdoptables’ End User License Agreement (the “EULA”), if any); and (e) PetAdoptables’ proprietary online platform service (the “Service”).
Any use, reproduction, modification or distribution of the Site, including any Virtual Items, Game Client, or the Service not expressly authorized by the terms of the Agreements is expressly prohibited .
PetAdoptables – Terms of Service. 1
1. GRANT OF A LIMITED LICENSE.. 3
2. ADDITIONAL LICENSE LIMITATIONS.. 3
3. Account Eligibility and Registration.. 5
4. Account Security.. 6
5. Ownership.. 6
6. No Ownership Rights in Account.. 7
7. Virtual Property.. 8
8. Account Suspension/Deletion.. 8
9. Privacy.. 8
10. Content Screening and Disclosure.. 9
11. Code of Conduct.. 9
A. Communication: Posting Content Using Site Features and/or Functions.. 10
B. Communication with PetAdoptables.. 10
C. Rules Applicable to Other Services Offered on PetAdoptables.. 10
D. Rules Related to Usernames and Names of Virtual Items.. 11
E. Rules Related to “Chat” And Interaction With Other Users.. 11
F. Rules Related to Game Play.. 13
12. Sales Policies.. 13
A. Pre-Purchase.. 13
B. Purchases.. 14
C. Recurring Fees.. 14
D. Virtual Currency and/or Virtual Goods. 15
E. Refund Policy.. 16
13. Links.. 16
14. Monetization of YouTube PetAdoptables Game Play Footage.. 16
15. Add-On and/or Customization Policy.. 17
A. Development and Distribution of Addons.. 17
B. Disclaimer Related to Addons.. 18
16. Fan Fiction, Fan Artwork and Fan Sites.. 18
17. Notification of Infringement.. 19
18. Changes tp Terms of Service or the PetAdoptables Service.. 20
19. Termination. 21
20. WARRANTY DISCLAIMER.. 21
21. LIMITATION OF LIABILITY.. 21
22. INDEMNIFICATION.. 22
23. Force Majeure.. 23
24. Acknowledgments.. 23
25. Equitable Remedies.. 24
26. Dispute Resolution and Governing Law.. 24
27. Miscellaneous.. 25
Subject to your agreement to and continuing compliance with the Agreements, you may use the Site, including Virtual Items, if any, and/or the Service solely for your own non-commercial entertainment purposes by access through a web browser. You may not use the Site, Account, Virtual Items, if any, Game Client(s) or Service for any other purpose, or using any other method.
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, programs, routines, objects, files data, characters/avatars (including all attributes comprising or associated with any Member account such as virtual currency, crystals, metals, mines, virtual pets, game statistics, and any other virtual item(s), avatar and pet names, the Game(s) and/or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material") are the property of PetAdoptables and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to United States and foreign copyright and trademark laws.
PetAdoptables hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use and solely for purposes permitted by, and in a manner consistent with the terms of this Agreement and the PetAdoptables game rules, one copy of any material and/or software that you may download from the PetAdoptables Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of PetAdoptables. Use of PetAdoptables’ and/or PetAdoptables’ licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. You hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act. Any such attempt shall exceed the "authorized access" you have to PetAdoptables and/or the PetAdoptables Site and/or PetAdoptables Game(s) as that term is defined under 18 U.S.C. § 1030. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Any and all rights not specifically and expressly granted by PetAdoptables herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. Any use of the PetAdoptables Site and/or Game(s) not expressly authorized by PetAdoptables is strictly forbidden and will be regarded as an infringement of PetAdoptables’ copyrights in and to the PetAdoptables Site and/or Game(s).
The license granted to you in Paragraph 1, above, is subject to the limitations set forth in Paragraphs 1 and 2 (collectively, the “License Limitations”). Any use of the Service, Virtual Items (which may be offered, purchased, or otherwise available in connection with the Game to the extent applicable), Game Client(s) and/or Service in violation of the License Limitations or the Agreements will be regarded as an infringement of PetAdoptables’ rights. You agree that you will not, under any circumstances:
a. use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the PetAdoptables' Game experience;
b. exploit the PetAdoptables' Game(s) or any of its parts (such as any Virtual Items which may be offered), the Game Client(s) or Service, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of PetAdoptables; (b) communicating or facilitating any commercial advertisement or solicitation; (c) for gathering Virtual Items and/or resources for sale outside the Game; or (d) performing in-game services in exchange for payment outside the Game;
c. use the Game(s) (including Virtual Items which may be available) or any of its parts, or the Service, for any “e-sports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without PetAdoptables’ prior written consent;
d. use the Site, Account, Virtual Items, Game Client(s) and/or Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not
i. institute, assist or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person’s use of the Service; or
ii. attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service;
e. reproduce, sell, use as an investment vehicle, trade, transfer outside of the Game(s) or otherwise misuse Virtual Items or other in-Game resources that may be offered in connection with any PetAdoptables Game(s);
f. use the Site to make “real” money, because you do not own the accounts, activities, items, virtual currency, characters, locations, and/or avatars on the PetAdoptables you can't sell anything for real money, except as specifically permitted by the functionality of the PetAdoptables Game; therefore if PetAdoptables finds someone selling virtual items or currency, PetAdoptables will freeze every account controlled by that Member and every account of the Member who purchased the offending-Member’s items;
g. use any unauthorized third-party software that intercepts, probes, gathers, or otherwise collects information from or through the Site, Account(s), Game(s), Virtual Items, Game Client(s) and/or the Service, including without limitation any software that reads areas of RAM used by the Game(s) or the Service to store information about a character or the game environment; provided, however, that PetAdoptables may, in its sole and absolute discretion, allow the use of certain third party user interfaces;
h. modify or cause to be modified any files that are a part of the Game(s) (including Virtual Items, if any), Game Client(s) and/or the Service in any way not expressly authorized by PetAdoptables;
i. host, provide or develop matchmaking services for the Game, Game Client(s) and/or the Service, or intercept, emulate or redirect the communication protocols used by PetAdoptables in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
j. facilitate, create or maintain any unauthorized connection to the Game, Game Client(s) and/or the Service, including without limitation
i. any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and
ii. any connection using programs or tools not expressly approved by PetAdoptables;
k. violate any applicable law or regulation in connection with your use of the Site, Account, Game(s), Virtual Items, Game Client(s) and/or the Service; or
l. disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other player’s Game experience.
ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PETADOPTABLES GAME OR ANY COMPONENTS THEREOF MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
In order to create an Account, you must provide PetAdoptables with certain personal information such as your (i) date of birth and country of residence; (ii) a name; (iii) e-mail address; (iv) password; (v) in certain circumstances, secret question and answer; and (vi) in some cases, payment and/or billing information (including your address). You also have the option to select a publicly viewable “avatar name” or “display name” to be used when participating in the PetAdoptables Game and/or for posting content in designated forums. When choosing your display name, PetAdoptables advises you to not use excessive personal information (for example, your full name, birth date, Social Security number or e-mail address) which could be used to identify who you are and/or compromise or expose you to possible identity theft.
You can access, edit and update your Account information at any time through the PetAdoptables’ Account Management and/or Account Preferences feature. You agree that you will supply truthful, accurate and complete information to PetAdoptables, and that you will update such information promptly in the event that it changes. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, PetAdoptables reserves the right to terminate this Agreement, your Account(s), and/or your use of the Game(s), Game Client(s), Virtual Items, and/or Service.
You may not transfer, share or make available (except, as set forth above, to your minor child) your Account information to others. Any distribution by you of Account information may result in suspension, termination or cancellation of your access to the Site, a Game Client, Virtual Items, and/or the Service without refund (including any charges whether or not authorized by you).
You are responsible for maintaining the confidentiality of your Account and for all activities which occur through the use of your Account, including purchases, whether or not authorized by you. You agree to:
(a) immediately notify PetAdoptables of any unauthorized use of your Account or any other breach of security; and
(b) ensure that you secure your Account and computer from third party access.
PetAdoptables will not be liable for any loss or damage arising from your failure to comply with this Paragraph. You may be issued a new password or be required to change your password from time to time.
PetAdoptables implements physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personal information. Although PetAdoptables uses reasonable efforts to safeguard the security of your personal information, transmissions on or through the Internet and personal information stored on PetAdoptables’ Servers or the servers of third parties that PetAdoptables may use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.
PetAdoptables owns, has licensed, or otherwise has rights to all of the content that appears on the Site, in the Game, including Virtual Items and Game Client(s), and through the Service. You agree that you have no right or title in or to any such content, including without limitation any other attributes associated with any Account or stored on the Service.
Any and all content, including any communications, images, sounds and all material or information, that you submit (e.g. by uploading or transmitting) to PetAdoptables (collectively, “User Content”) shall be deemed, and shall remain, the property of PetAdoptables and/or its third party providers from the moment of creation. Accordingly, you hereby grant PetAdoptables a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license (including the right to sublicense to third parties), and right to reproduce, fix, adapt, modify, translate, re-format, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, such User Content, as well as all modified and derivative works thereof, in whole or in part, in any languages and in any media now known or not currently known, without any further notice or attribution to you, and without any requirement of permission from or payment to you (or any other person or entity). To the extent permitted by applicable United States law, you hereby consent to the application of U.S. intellectual property laws and waive any moral rights you have in any User Content, irrespective of the laws of your country.
By uploading or otherwise submitting any materials to PetAdoptables and/or the PetAdoptables Site, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to PetAdoptables a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
If you upload or transmit any User Content to the Site or through the Service, including through a Chat feature (defined below), you promise that:
(a) the material is a file of yours that will not violate any right of or require any compensation to any person or entity,
(b) you are the copyright owner of the material or have all rights necessary to authorize its unfettered use and distribution, and
(c) you are eighteen (18) years of age or older.
You understand that once you post or transmit any such content, anyone can download and/or distribute that material. You expressly waive any and all claims you may have against PetAdoptables and release PetAdoptables from any and all liability arising from or related to the submission and PetAdoptables’ or any third party’s use or transmission of such content.
All content, games and other information offered on or through the Site are subject to copyright and trademark protections, as detailed in the applicable PetAdoptables’ Legal Notice. The Site, Game(s), Virtual Items, Game Client(s) and the Service, and all content therein, are protected by the United States and other international intellectual property laws. PetAdoptables and its licensors reserve all rights in connection with the Site, the Game(s), Virtual Items, Game Client(s), and the Service, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Site, the Game(s), Virtual Items, Game Client(s) and the Service except as expressly permitted by PetAdoptables. Additionally, except as set forth in Paragraphs 1 and 2 above, PetAdoptables does not authorize you to make any use of any PetAdoptables trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, “PetAdoptables Marks”) under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Site, the Game(s), Virtual Items, Game Client(s) and/or the Service not in accordance with the applicable EULA or this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE PETADOPTABLES PLATFORM OR SERVERS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PETADOPTABLES. PetAdoptables does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void.
You agree that PetAdoptables retains the unfettered right to modify its Game(s) and all aspects of avatars, crystals, pets, eggs, items, points and coin, including Virtual Currency, therein. You acknowledge that PetAdoptables has been, is, and will be constantly making changes to its Game(s). You further acknowledge that PetAdoptables can and will, in its discretion, modify features, functions or abilities of any element of any of its Game(s) or Virtual Items (which may, among other things, make the Virtual Items substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Items represent a limited license right as governed by the terms of this Agreement, and are not redeemable for any sum of money or monetary value from PetAdoptables at any time.
PetAdoptables offers the option to purchase Virtual Currency with “real world” money. Once acquired, Virtual Currency can only be used to license a variety of Virtual Goods offered by PetAdoptables, whether created by PetAdoptables or other Members; it has no cash value. Virtual Items may also be granted by PetAdoptables on a free, promotional or sale basis or, in certain circumstances, earned through gameplay and/or clicks. Free and/or promotional Virtual Items offered by PetAdoptables may be expired at PetAdoptables’ sole and absolute discretion at any time. PetAdoptables does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Game. Accordingly, you may not sell Virtual Items for “real” money, or exchange such Virtual Items for value outside of the Game. Regardless of how acquired, Virtual Items do not accrue interest, and are not insured by the Federal Deposit Insurance Corporation (FDIC). Except for a limited, revocable, non-transferable license to use the Virtual Items in a Game, you have no ownership or property right in or title to such Virtual Items.
PETADOPTABLES MAY SUSPEND, MODIFY, TERMINATE OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by PetAdoptables for any type of abuse, including without limitation a violation of these Terms of Service or the EULA, will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Service or the EULA.
The Site is intended for a general audience and is not directed or targeted at children under the age of thirteen (13) years old, regardless of location. PetAdoptables does not intentionally collect personal information from children of such age.
PetAdoptables does not, and cannot, pre-screen or monitor all Visitor and/or Member Content. However, PetAdoptables representatives may monitor and/or record your communications (including without limitation private message text) when you are on the Site, playing the Game or using the Service, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any Member Content, including without limitation chat/message text or voice communications. PetAdoptables cannot and does not assume responsibility or liability for Visitor or Member Content that is generated by visitors, members, or other users of the Site. PetAdoptables has the right, but not the obligation, in its sole discretion, to edit, refuse to post or remove any Visitor or Member Content.
PETADOPTABLES ALSO RESERVES THE RIGHT, AT ALL TIMES AND IN ITS SOLE DISCRETION, TO DISCLOSE ANY VISITOR AND/OR MEMBER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT/MESSAGE TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation
a. to satisfy any applicable law, regulation, legal process or governmental request;
b. to enforce the terms of the Agreements;
c. to protect PetAdoptables’ legal rights and remedies;
d. if PetAdoptables, in its reasonable discretion, believes that someone’s health or safety may be threatened; or
e. to report a crime or other offensive behavior.
In addition to any other Agreements, your use of PetAdoptables is also governed by certain rules. These rules (the “Code of Conduct”), maintained and enforced exclusively by PetAdoptables, must be adhered to by all Member. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and PetAdoptables reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. PetAdoptables reserves the right to modify this Code of Conduct at any time.
The PetAdoptables Site contains various functions and/or features that may permit Members, consistent with applicable laws, to post ideas, content, information and opinions ("Postings"). In no event do we assume or have any responsibility or liability for anything posted by you or another Member. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability. Further, you agree not to abuse our communication features by "spamming" (posting numerous identical messages).
The communication features on the PetAdoptables Site(s) and/or Game(s) may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising or solicitations of any kind or nature. You specifically acknowledge that soliciting other Members of PetAdoptables to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
As detailed elsewhere in this Agreement, the following basic guidelines apply to all of the communications by Members: (1) be respectful of other Members and always remember that teens as young as 13 may be playing on the PetAdoptables Site(s) and/or Game(s); (2) if you try to post something that PetAdoptables deems inappropriate, in its sole discretion, your account may be terminated; (3) PetAdoptables requests all Member communication be done on or through the PetAdoptables Site and therefore does not allow Members to try to get other players to communicate off the PetAdoptables Site and, for that reason, your account may be terminated is you ask for information such as other Members' IM, email address, physical address or suggest that you and the other Member(s) should go to a third party site so you can communicate more freely; (4) do not supply any personally identifying information about yourself to other Members.
Remember all communications are subject to being monitored and/or filtered and may be viewed by PetAdoptables to make sure your communications with others are appropriate.
Some sections and/or portions of the PetAdoptables Site may offer additional services and offers like the ability to purchase virtual items, subscription-based services (not currently, but may in the future), contest and sweepstakes. For such additional services and activities, there may be specific rules of participation which appear in connection with information about a particular activity and you will have to agree to those rules in order to participate, subscribe, purchase or license. This Agreement is incorporated by reference to the applicable rules of participation. Any such terms of participation are in addition to this Agreement, and in the event of a conflict, prevail over this Agreement as applied to those services and activities.
Each Member will either select an Account and/or Avatar name. Additionally, Members may create and possibly choose names for Virtual Items such as “mines,” “pets,” “breeding pets,” “eggs” and/or other items. When you choose a name or otherwise create a label that can be seen by other Members using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If PetAdoptables finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label, and/or suspend or terminate your use of the Game and/or Service. In particular, you may not use any name that:
i. belongs to another Member with the intent to impersonate that Member, including without limitation a Site Administrator or any other employee or agent of PetAdoptables;
ii. incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
iii. is subject to the rights of any other person or entity without written authorization from that person or entity;
iv. belongs to a popular culture figure, celebrity, or media personality;
v. is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
vi. belongs to any religious figure or deity;
vii. was taken from PetAdoptables’ use anywhere within or on the Site;
viii. relates to drugs, sex, alcohol, or criminal activity;
ix. is comprised of partial or complete sentence (e.g., “Getpwned”, “Luvtodance”, etc);
x. is comprised of gibberish (e.g., “Qwerty”, “Asdfasdf”, “Xyzpdq”); or
xi. refers to pop culture icons or personas (e.g. “McLovin,” “Batman”), especially if or when trademarked and/or when the name is or would reasonably be known to be the intellectual property of another.
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a “first” and “last” name that, when combined, violate the above name restrictions. Utilizing any name option to harass or disrupt another Member and/or PetAdoptables will result in disciplinary action taken with respect to the offending account(s) and may result in character deletion. Accounts which have characters deleted due to a violation of this policy are not eligible for reimbursement privileges.
Communicating on the Site, in a Forum, using Personal Messenger, or through the Service with other users and PetAdoptables’ representatives, whether by text, voice or any other method, (collectively, “Chat”) is an integral part of PetAdoptables, the Game and the Service.
You understand that, by using the Chat features, you may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that you might find objectionable. You understand that any content sent or appearing through a Chat feature is the sole responsibility of the individual(s) transmitting such content. This means that you, and not PetAdoptables, are entirely responsible for all content that you transmit. Under no circumstances will PetAdoptables or its third party providers be liable for any errors or omissions in any content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any content, including Member Content.
When engaging in Chat, you may not:
i. Transmit or post any content or language which, in the sole and absolute discretion of PetAdoptables, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
ii. Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
iii. Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users, including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the PetAdoptables Site;
iv. Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services;
v. Communicate or post any Member’s personal information in or on any part of the PetAdoptables Site, or on websites or forums related to the PetAdoptables Game, except that a Member may communicate his or her own personal information in a private message directed to an individual Member;
vi. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any Member of the PetAdoptables Game or the Site;
vii. Participate in any action that, in the sole and absolute opinion of PetAdoptables, results or may result in an authorized Member of the PetAdoptables Game or the Site being “scammed” or defrauded out of “real money,” Virtual Currency, Virtual Items, crystals, animals, pets, eggs, gold/platinum/silver, mining equipment &/or tools, dart guns/darts, or any other items that user has earned through authorized game play in the PetAdoptables Game; the term “scammed” does not refer to “claim jumping” or selling/exchanging an egg of a breeding you conducted or through general trading and/or ‘driving a hard bargain’ for items with or between other Members; or
viii. Impersonate any real person, including without limitation any PetAdoptables Site administrator or any other PetAdoptables agent or employee, nor may you communicate in the PetAdoptables Game or on the Site or Service in any way designed to make others believe that your message constitutes a Server message or was otherwise posted by any PetAdoptables agent or employee.
While PetAdoptables may permit various styles of game play (including, for example, mining, adopting, breeding, customizing), certain acts cannot be construed as “fair” and are considered serious violations of these Terms of Service. Those acts include, but are not necessarily limited to, the following:
i. Using or exploiting errors in design, features which have not been documented, and/or “program bugs” to gain access that is otherwise not available, or to obtain a competitive advantage over other Members;
ii. Participate in any action that, in the sole and absolute opinion of PetAdoptables, results or may result in an authorized Member of the Game being “scammed” or defrauded out of Virtual Currency, Virtual Items, “real money,” or any other items that the Member has earned or purchased through authorized game play in the PetAdoptables Game;
iii. Conduct prohibited by the EULA or elsewhere in these Terms of Service; and
iv. Anything that PetAdoptables considers contrary to or inconsistent with the “spirit” of the PetAdoptables Game.
Members of the Site who have an Account may purchase PetAdoptables virtual products and services on the Site or via other online purchase mechanisms as PetAdoptables may offer (the “Store” or “Stores”). Items offered through the Stores are for personal use only. PetAdoptables reserves the right to cancel orders that appear to be for commercial or retail use. In the event your order is canceled, PetAdoptables will attempt to notify you using the e-mail address you provided with your order and/or associated with your Account. You hereby agree to receive all notices and records from PetAdoptables in electronic form, and you acknowledge that you will only be entitled to receive notices or records from PetAdoptables in paper form by contacting us directly and making such request.
PetAdoptables’ “real money” commerce systems use secure socket layer encryption technology when you transmit payment information (e.g. your credit card number) to PayPal through the PetAdoptables Site. Please be advised that download speeds may vary greatly depending on factors such as your Internet connection and the traffic to PetAdoptables Servers at any particular time.
From time to time, PetAdoptables may sell Virtual Items, products or services through the Store prior to their actual commercial and/or anticipated release date. The purchase of such Virtual Items, products and services are subject to the terms of each such offer as detailed in the applicable product description on or in the Store(s). If you purchase a Virtual Item through the Store(s), you will
i. receive an e-mail verification of receipt of your purchase;
ii. be granted any related entitlements on your Account (such as bonus items, and/or beta or early access;
iii. be entitled to access, use, or resell such Virtual Item, product or service upon its release to all and/or other Members; and
iv. not receive any physical product from PetAdoptables.
Please keep in mind that all release dates [such as ‘egg hatching’ dates and/or ‘due dates for eggs resulting from an arranged breeding’] are estimates only and are subject to change
If you have elected to purchase any product, service and/or Virtual Items through PetAdoptables’ commerce systems, upon your acceptance of these terms and submission of your order, you hereby agree that PetAdoptables has the right to coordinate and/or work with PayPal to charge your credit card, debit card, or other payment mechanism you arranged with or through PayPal your account for the applicable fees or charges, plus any applicable taxes PetAdoptables is required to collect, and you authorize PetAdoptables to do so. You agree to pay all fees incurred by you or anyone using a PetAdoptables Account registered to you. After the submission of your order, you will receive an e-mail receipt from either PetAdoptables, PayPal, or both, providing details of your purchase. Please print a copy of such e-mail for your records.
If you elect to redeem any promotional code in exchange for any products and/or services, you acknowledge that the applicable promotional code will then be permanently consumed and converted into the purchased product(s) and/or service(s). Unless otherwise specified, the cash value posted on the Store for any product or service being offered for redemption is inclusive of applicable sales taxes.
PetAdoptables may revise the pricing for the goods and services offered, including without limitation subscription plans and/or Virtual Items for PetAdoptables and/or any part of the Game, at any time. All charges made to your PayPal account can be viewed by you under the Transaction History section of the PetAdoptables’ Member Account Preferences portion of the Site.
Some portions and/or aspects of PetAdoptables’ Game, content, products and/or services offered on or through the Site or the Service may be offered to you on a fee basis. If and/or when PetAdoptables offers a subscription-based product or service, then each time your subscription comes up for renewal, PetAdoptables will notify you of the then-current renewal rate plus any applicable taxes PetAdoptables may be required to collect. PetAdoptables will not automatically collect payment from or through your PayPal account. If you elect to purchase or subscribe to such products and/or services, it is your responsibility to act in a timely manner upon receipt of any renewal notice. If you fail to renew the subscription-based product or service before the subscription expiration period, your subscription will lapse and you will be required to obtain the most recent/current product and/or service offering at the then-published rates.
FOR REAL MONEY PURCHASES, you warrant that (i) you are the age of majority in your jurisdiction, or, if you are a minor, you have your parent’s permission, (ii) your use of the PayPal account is authorized, and (iii) all information that you submit is true and accurate (including, without limitation, your PayPal information, other applicable or necessary information, and/or expiration date, if any). If PetAdoptables is unable to process your PayPal payment, any subscription you may have may be terminated immediately and your access to the applicable product or service shall be limited to the use of “free of charge” functions, if any. In the event you cancel any subscription-based service, PetAdoptables will not refund any fees already paid or owed by you.
Purchases of Virtual Currency and/or Virtual Goods are non-refundable, unless otherwise required by law.
As PetAdoptables deems necessary, in its sole and absolute discretion, PetAdoptables may limit the total amount of Virtual Currency and/or Virtual Goods that may be purchased at any one time, and/or limit the aggregate amount of Virtual Currency and/or Virtual Goods that may be held in your Account.
You are solely responsible for verifying that the proper amount of Virtual Currency and/or Virtual Goods has been added to or deducted from your Account during any given transaction. You are responsible for notifying PetAdoptables immediately if you believe that a mistake has been made with respect to your Virtual Currency and/or Virtual Goods. PetAdoptables, in its sole discretion, may require additional information and/or documentation to verify your claim, and once PetAdoptables has the information that PetAdoptables deems necessary to verify your claim, PetAdoptables may take action to freeze your Virtual Currency and/or Virtual Goods and, if frozen, may unfreeze such Virtual Currency and/or Virtual Goods once PetAdoptables has returned control of your Virtual Currency and/or Virtual Goods to you. Regardless of any actions PetAdoptables may take on your behalf, you acknowledge and agree that PetAdoptables has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.
PetAdoptables reserves the right to reduce, liquidate, deactivate, suspend or terminate your Virtual Currency and/or Virtual Goods if PetAdoptables determines in its sole discretion, after investigation, that you have misused such Virtual Currency and/or Virtual Goods to conduct any fraudulent or illegal activity.
If you leave a balance of Virtual Currency unused for a period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if your account is closed, whether voluntarily or involuntarily, PetAdoptables may process your Virtual Currency balance in accordance with its legal obligations, including by submitting funds associated with your Virtual Currency balance to the appropriate governing body where required by law.
YOU ACKNOWLEDGE THAT THE VIRTUAL CURRENCY AND/OR VIRTUAL GOODS YOU ACQUIRE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR MONEY, GOODS, OR OTHER ITEMS OF MONETARY VALUE.
ALL PAYMENTS AND/OR FEES ASSOCIATED WITH VIRTUAL ITEMS, IF ANY, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU AGREE THAT PETADOPTABLES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PRE-PAID AND/OR VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY. Additionally, as products or services (such as new Game features/functions or Virtual Items) that are downloadable are deemed used promptly upon completion of your purchase, no refunds will be made for such purchases. Unless otherwise required by law or permitted by this Agreement, downloaded products and Virtual Items are not refundable or redeemable for any sum of money or monetary value from PetAdoptables at any time.
The PetAdoptables Site and the Service, including any Chat features, may provide, and Members may include in messages, links to other web sites or resources. PetAdoptables and its third party providers, if any, are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. PetAdoptables and its third party providers, if any, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such external sites or resources.
In the event that you wish to participate in YouTube’s revenue sharing program by placing advertisements alongside videos and/or other captures of your authorized PetAdoptables Game play, PetAdoptables grants permission to participate provided that you:
A. Prevent advertisements related to the following categories from appearing on the YouTube Channel, including, without limitation, by implementing the following Google® AdSense filters:
i. advertisements related to PetAdoptables’ competitors (if any);
iii. advertisements that would conflict with PetAdoptables’ Entertainment Software Rating Board (ESRB) or similar rating, if any.
B. Agree to ensure that all authorized PetAdoptables’ Game play videos appearing on the YouTube channel do not conflict with PetAdoptables’ ESRB or similar rating (if any).
PetAdoptables has the right to monitor all YouTube Channel content, and to require you to remove any advertisements that, in PetAdoptables’ sole discretion, violate this Agreement. PetAdoptables reserves the right to revoke the permissions granted herein at any time, in its absolute and sole discretion.
PetAdoptables is proud to recognize the tremendous efforts in and passion for developing and/or customizing Virtual Items, as well as potentially adding new member/user interface add-ons and/or customizations (“Add-ons”). However, PetAdoptables reserves the right, in its absolute and sole discretion, to monitor, suspend, modify, or terminate the development and use of such Add-ons. The development and use of such Add-ons are governed by this Agreement.
This provision exists to formalize the development and distribution of Add-ons. The purpose of this provision is to ensure the integrity of the PetAdoptables Site, Game(s) and Service and to continue the promotion of an enjoyable gaming environment for all Members. Members are welcome to contact any of PetAdopables’ official artists/developers using the Forum’s Private Messenger feature/function and discuss their idea and/or concept for an add-on with the artist(s). Failure to abide by these provisions may result in measures up to and including formal legal action.
i. All Add-ons must abide by the terms of this Agreement and any other and/or applicable PetAdoptables’ EULA, including though not limited to Licensing paragraphs 1 and 2, and the entirety of Paragraphs 5 and 6 whereby you expressly consent to and acknowledge PetAdoptables’ ownership of all intellectual property rights in or to any Add-on and/or customization.
ii. All Add-ons, including all versions thereof and all features therein, must be distributed free of “real money” charge(s).
iii. Upon successful negotiation between Member and a PetAdoptables’ artist/developer, member must purchase (with Virtual Currency) a custom brush and submit it to the PetAdoptables Site; Member will directly (via PayPal) compensate the artist/developer as previously negotiated/agreed for the work/effort; artist/developer shall complete the work, which Member may then upload and/or submit the add-on to the PetAdoptables’ Site.
iv. Add-ons may not include advertisements of any kind, including in-game requests for donations, unless expressly permitted by PetAdoptables.
v. Add-ons must not contain offensive or objectionable material, and must comply with the ESRB rating (and similar ratings from other ratings boards around the world) for the applicable Game.
vi. All Add-on code must be completely visible, not hidden or obfuscated in any way, and freely accessible to and viewable by the general public.
vii. Add-ons may not negatively impact the Service, Game, its administrators or other Members, including, without limitation, excessive use of the chat system, unnecessarily loading from the hard disk, or causing slow frame rates.
viii. PetAdoptables reserves the right to disable any Add-on or Add-on functionality at its sole discretion.
ix. PetAdoptables is neither involved nor will enforce any negotiation, agreement, or problem resolution between Member and Member’s chosen artist/developer; for this reason, PetAdoptables strongly suggests that Member and artist/developer have a written statement of requirements and/or identified criteria for a successful deliverable/add-on.
x. While Member’s Account remains active, Member is solely responsible for negotiating any future (Virtual Currency) transactions with other members regarding Member’s creation/add-on, to include but not be limited to, breeding and/or selling eggs for Virtual Currency.
You may utilize user interface Add-ons created by members of the PetAdoptables community. Your use of the PetAdoptables Site, Account, Game, Game Clients and Service is subject to this Agreement and the applicable Addon Policy. You hereby acknowledge that these Add-ons may not have been developed, and may not have been tested, by PetAdoptables. As a result, PetAdoptables cannot make, and expressly disclaims, any express or implied warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. These Add-ons may contain bugs, errors, problems or other limitations, so use of any Addon is at your sole risk and PetAdoptables has no liability for such use.
PetAdoptables is pleased to hear from its Members and welcomes your comments regarding its Site, Game(s) (including any Game-related Virtual Items which may be offered in connection with such Game(s)), Game Client(s) and/or Service. Unfortunately, however, it is PetAdoptables’ corporate policy not consider or accept creative ideas, suggestions or materials other than those which it has specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by PetAdoptables’ professional staff might seem to others to be similar to their own creative work. Accordingly, PetAdoptables must regretfully ask that you not send us any original creative materials, including game ideas or original artwork unless as otherwise expressly permitted within the confines of the Game.
PetAdoptables hereby grants to each Member (in good standing) of the PetAdoptables’ Site and/or Game (such grant to be revoked automatically as of the moment that the Member’s Account is no longer in good standing) a limited, personal, non-exclusive, non-transferable, non-assignable and fully-revocable license to use (a) the relevant Game title, and (b) trademarks and copyrighted material from the applicable Game, including names and images of non-player characters (NPCs), pets at various stages of development, geographical locations, items characters, Virtual Items and background art or screenshots containing any of the foregoing, solely to be used for material (for example, so-called “fan fiction” or “fan artwork”) that such player posts to the Site and/or transmits through Chat features in accordance with this Agreement and for no other use.
Solely in connection with your website or web pages dedicated to the Game(s) that PetAdoptables develops, publishes and/or distributes (each a “Fansite”) and subject to compliance with these Terms, PetAdoptables grants you, on a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable basis, permission to reproduce and redistribute certain Game-related assets or content that PetAdoptables may expressly designate “for fansite use” (“Fansite Content”) on your Fansite. You shall not rent, lease, reproduce, modify or create derivative works of or in any way exploit the Fansite Content, except as expressly permitted herein. If you intend to charge a subscription or access fee for your Fansite, PetAdoptables requires you to execute a simple license agreement with PetAdoptables; the limited permission granted here does not cover such circumstances. Fansites which quote from the PetAdoptables Site or Game are requested to limit the quote to a paragraph or less and provide a link back to the PetAdoptables Site for the full article or message, rather than reproducing the content in its entirety; permission to link from the Fansite to the PetAdoptables Site is granted in such circumstances. You agree to include PetAdoptables’ trademark, copyright or other proprietary rights notices as provided on the fansite page for the PetAdoptables Game or portion thereof referenced, when displaying Fansite Content. You shall not alter or remove any identifying information or copyright management information conveyed in connection with copies of Fansite Content nor challenge PetAdoptables’ (or its licensors’) ownership of the Fansite Content nor use or adopt any trademarks that might be confusingly similar to the PetAdoptables trademarks, or otherwise infringe PetAdoptables’ (or its licensors’) intellectual property rights in the Fansite Content in any way. Your ownership in the Fansite excludes the Fansite Content and excludes any derivative works based on the Fansite Content. The Fansite is not a “Joint Work” as that term is defined in the United States Copyright Act, Title 17 United States Code. PetAdoptables reserves all rights, title and interest in and to the Fansite Content which are not expressly granted herein, including the right in its sole discretion to expressly refuse this permission to any particular Fansite or to revoke this permission at any time. Under no circumstances will PetAdoptables be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission.
PetAdoptables respects the intellectual property rights of others and requests that visitors to the Site and Members of PetAdoptables’ Game(s) do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act (the “Statute”), PetAdoptables has adopted and implemented a policy respecting the copyright law which provides for the termination in appropriate circumstances of Members of the Site, Game or the Service who are found to be engaging in any infringing activity. PetAdoptables may terminate access for content providers or Chat participants who are found repeatedly to provide or post protected content without necessary rights and permissions.
If you believe that your work has been copied and is accessible on the Site or in the Game in a manner which constitutes copyright infringement, you may notify PetAdoptables by providing the PetAdoptables Copyright Agent (specified below) with the following information, in writing, in the form required by the Statute:
Address of PetAdoptables’ Copyright Agent to which Notifications of Claimed Infringement should be sent:
Attention: Legal Department
PO Box 1712,
Fernley, NV 89408
E-Mail: Legal at Petadoptables dot com
This e-mail address is intended solely for receipt of legal “Notifications of Claimed Infringement” under the Digital Millennium Copyright Act of 1998, as codified in the Statute. It is not intended for general inquiries and permission requests concerning the use of PetAdoptables content.
PetAdoptables reserves the right, at its sole and absolute discretion, to change, modify, add to, disable, supplement, suspend, remove or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Site, Game(s), Virtual Items, Game Client(s) and/or Service, hours of availability, content, data, feature, gameplay, item (including in a manner which makes virtual goods substantially more, or less, valuable, effective, functional, common or available), service, server software or equipment needed to access the Site, Game(s), Virtual Items, Game Client(s) and/or the Service, effective with or without prior notice; provided, however, that material changes to this Terms of Service Agreement will not be applied retroactively. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Site, Game(s), Virtual Items, Game Client(s) and/or the Service. Your continued use of the Site, Game(s), Virtual Items, Game Client(s) and/or the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. PetAdoptables may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
You understand that online games, and system specifications necessary to play such games, may continuously evolve over time. Accordingly, PetAdoptables reserves the right to modify and/or increase the system specifications necessary to play any Game at any time and without notice. In such case, you and not PetAdoptables shall be responsible for purchasing any necessary additional software and/or hardware in order to access and play such Game(s).
PetAdoptables may require that you download and install updates to the Service and to the browser(s) you have installed on your computer. You acknowledge and agree that PetAdoptables may update the Game(s), Game Client(s), and Service which may result in your having to install third-party and/or browser(s) and/or browser update(s) on your computer, with or without notifying you.
This Agreement is effective until terminated. You may terminate this Agreement by discontinuing your use of the PetAdoptables Site, deleting or otherwise removing any Game Client, all Virtual Items, and affirmatively cancelling all accounts, features or services to which you are subscribed. You will continue to incur and be responsible for any recurring subscription fees associated with any Game, feature (such as Virtual Items to the extent applicable) or service until you have affirmatively terminated each such PetAdoptables account, feature or service in accordance with all applicable terms and end user license agreement(s). PetAdoptables may terminate this Agreement, and/or temporarily or permanently suspend your access to your Account, a Game, the Site and/or Service, effective immediately, with or without notice, in the event of any conduct by you which PetAdoptables, in its sole discretion, considers to be unacceptable or a violation of its Terms. The provisions of Sections 5, 6, 7 and 20-26, inclusive, shall survive any termination of this Agreement.
THE PETADOPTABLES.COM SITE, THE PETADOPTABLES GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY) AND THE SERVICE ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PETADOPTABLES DOES NOT WARRANT THAT THE SITE, YOUR ACCOUNT, THE GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY) OR THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), A GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PETADOPTABLES IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SITE, ACCOUNT, GAME(S) (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), GAME CLIENT(S) OR THE SERVICE OR YOUR INABILITY TO USE THE SITE, ACCOUNT, GAME(S) (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), GAME CLIENT(S) OR SERVICE. IN NO EVENT SHALL PETADOPTABLES, ITS SUBSIDIARIES, LICENSORS, AFFILIATES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE, IN THE GAME OR THROUGH THE SERVICE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (THE “PETADOPTABLES PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SITE, YOUR ACCOUNT, THE GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), A GAME CLIENT OR THE SERVICE.
PETADOPTABLES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, OR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE SITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CHAT FEATURES, BY ANYONE OTHER THAN AUTHORIZED PETADOPTABLES EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE PETADOPTABLES PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION OR ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
NEITHER PETADOPTABLES NOR ANY PETADOPTABLES THIRD PARTY PROVIDER ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE, YOUR ACCOUNT, THE GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), A GAME CLIENT OR THE SERVICE AND NEITHER PETADOPTABLES NOR ANY THIRD PARTY PROVIDERS WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OR PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PETADOPTABLES IS TO STOP USING THE SITE, YOUR ACCOUNT, THE GAME(S) (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), GAME CLIENT(S) AND SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
In no event shall PetAdoptables’ aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to PetAdoptables during the six (6) months immediately prior to the time such claim arose. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of PetAdoptables and its affiliates shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PETADOPTABLES, ITS LICENSORS, AND ITS AND THEIR SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS, FINES OR PENALTIES IMPOSED BY A COURT OF COMPETENT JURISDICTION OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) ASSERTED BY ANY THIRD-PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR ANY ACT OF FRAUD OR DISHONESTY BY YOU IN CONNECTION WITH, THE SITE, YOUR ACCOUNT, THE GAME, A GAME CLIENT, VIRTUAL ITEM(S) AND/OR THE SERVICE OR ANY BREACH BY YOU OF THE AGREEMENTS OR ANY APPLICABLE LAWS, OR YOUR USE OR DISPLAY ON THE SITE OF ANY CONTENT GENERATED BY YOU.
PetAdoptables shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of PetAdoptables, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond PetAdoptables’ reasonable control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You hereby acknowledge and agree that:
A. WHEN RUNNING, PETADOPTABLES AND/OR THE GAME MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES (INCLUDING MAC ADDRESS, SYSTEM OR CONFIGURATION FILES, CRASH DATA, ETC…) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 11. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, PETADOPTABLES MAY (I) COMMUNICATE INFORMATION BACK TO PETADOPTABLES, INCLUDING WITHOUT LIMITATION THE ACCOUNT INFORMATION, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (II) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY PETADOPTABLES AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
B. WHEN THE GAME IS RUNNING, PETADOPTABLES MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY PETADOPTABLES AGREEMENT.
D. PETADOPTABLES MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that PetAdoptables is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk and with no expectation of privacy.
E. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the PetAdoptables Site and/or Servers.
F. In the event that PetAdoptables sponsors (and you are an eligible participant and winner of) any contest or sweepstakes, you may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by PetAdoptables. PetAdoptables and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.
In the event that you breach this Agreement, you hereby agree that PetAdoptables would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that PetAdoptables shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as PetAdoptables may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 26, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and PetAdoptables agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one person to the other. PetAdoptables will send its notice to your billing address and email you a copy to the email address you have provided as part of your Membership, Account Registration, and/or as updated within your Account Preferences. You will send your notice to:
PetAdoptables, PO Box 1712, Fernley, NV 89408, Attention: Legal Department.
B. Exceptions to Informal Negotiations. You and PetAdoptables agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or PetAdoptables’ intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
C. Restrictions. You and PetAdoptables agree that any court or other legal proceeding shall be limited to the Dispute between PetAdoptables and you individually. To the full extent permitted by law, (1) no lawsuit shall be joined with any other; (2) there is no right or authority for any Dispute to be litigated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
D. Location. The Site is controlled and operated by PetAdoptables from its offices within the State of Nevada, United States of America. PetAdoptables makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within the County of Lyon, State of Nevada, United States of America, and you and PetAdoptables agree to submit to the personal jurisdiction of that court.
E. Governing Law. Except as expressly stated otherwise, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Nevada, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our members who access the Service from Canada, Latin America, Mexico, South America, the Caribbean, Australia or New Zealand, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Game and/or the Service as supplied by PetAdoptables to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Latin America, Mexico, South America, the Caribbean, Australia or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, the Agreements shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.
F. Severability. You and PetAdoptables agree that if any portion of this Paragraph 26 is found illegal or unenforceable (except any portion of 26(b)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 26(b) is found to be illegal or unenforceable then neither you nor PetAdoptables will elect to informally negotiate any Dispute falling within that portion of Section 26(b) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Lyon, State of Nevada, United States of America, and you and PetAdoptables agree to submit to the personal jurisdiction of that court.
Under California Civil Code § 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.
Software from the Site, the Game (including Game-related Virtual Items, if any), Game Client and/or Service is further subject to United States export controls. No software from the Site, the Game (including Game-related Virtual Items, if any), Game Client and/or Service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Site, the Game (including Game-related Virtual Items, if any), Game Client and/or Service, you represent and warrant that you are not located in, under the control or, or a national or resident of any such country or on any such list.
Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you are anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. PetAdoptables advises that parents should monitor the use of this Game and/or all video and/or Internet-based virtual games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, immediately discontinue use of the game and consult your doctor. Please also note that when using a video game, you should take certain standard health and safety precautions, including avoiding playing the game when tired, taking ten (10) to fifteen (15) minute breaks every hour, sitting a reasonable distance from the screen and playing the game in a well-lit environment.
Effective Date: October 24, 2013.