Terms of Service for MyCritters
Last modified: March 1st, 2023.
Welcome to MyCritters, a web-based software platform that allows users to manage their pet care and pet-related activities. These terms of use ("Terms") govern your access and use of the MyCritters platform, as well as any content, functionality, and services provided through the platform. Please read these Terms carefully before using the MyCritters platform.
By accessing or using the MyCritters platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the MyCritters platform.
1. Access and Use of MyCritters
1.1. Eligibility: To access and use the MyCritters platform, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. If you are under the age of 18, you may only access and use the MyCritters platform with the consent of your parent or legal guardian.
1.2. Account Creation: To use certain features of the MyCritters platform, you may need to create an account by providing certain information about yourself, including your name, email address, and a password. You agree to provide accurate, complete, and up-to-date information when creating your account, and to keep your account information up-to-date.
1.3. Use Restrictions: You agree to use the MyCritters platform only for lawful purposes and in accordance with these Terms. You may not use the MyCritters platform:
• In any way that violates any applicable federal, state, local, or international law or regulation;
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate MyCritters, a MyCritters employee, another user, or any other person or entity;
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the MyCritters platform, or which, as determined by MyCritters, may harm MyCritters or users of the MyCritters platform or expose them to liability.
1.4. Suspension or Termination: MyCritters reserves the right to suspend or terminate your access to the MyCritters platform at any time for any reason, including but not limited to your violation of these Terms.
2. User Content
2.1. User Content: The MyCritters platform allows you to upload, submit, store, send, or receive content, including but not limited to text, images, and videos ("User Content"). You retain ownership of any intellectual property rights in your User Content.
2.2. License to User Content: By uploading, submitting, storing, sending, or receiving User Content through the MyCritters platform, you grant MyCritters a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the MyCritters platform and MyCritters LLC's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
2.3. User Content Representations and Warranties: You represent and warrant that:
You own or have the necessary licenses, rights, consents, and permissions to grant the license set forth in Section 2.2 above;
• Your User Content does not infringe or misappropriate any intellectual property rights or other proprietary rights of any third party;
• Your User Content does not violate any applicable law or regulation; and
• Your User Content is not defamatory, obscene, offensive, or otherwise inappropriate.
2.4. Removal of User Content: MyCritters reserves the right to remove any User Content from the MyCritters platform at any time for any reason, including but not limited to your violation of these Terms. MyCritters also reserves the right to retain copies of User Content for backup, archival, or audit purposes.
3. Intellectual Property
3.1. MyCritters Ownership: The MyCritters platform, including its design, layout, and content, as well as any trademarks, logos, and other proprietary materials displayed on the MyCritters platform, are owned by MyCritters or its licensors and are protected by copyright, trademark, and other intellectual property laws.
3.2. User Content Ownership: As between you and MyCritters, you retain ownership of any intellectual property rights in your User Content. However, you acknowledge that MyCritters may use your User Content as set forth in Section 2.2 above.
3.3. Unauthorized Use: You may not use any trademarks, logos, or other proprietary materials displayed on the MyCritters platform without the express written consent of MyCritters or the applicable owner.
4. Disclaimer of Warranties
MYCRITTERS PROVIDES THE MYCRITTERS PLATFORM "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MYCRITTERS DOES NOT WARRANT THAT THE MYCRITTERS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MYCRITTERS PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. Limitation of Liability
IN NO EVENT SHALL MYCRITTERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MYCRITTERS PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF MYCRITTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification
You agree to indemnify, defend, and hold harmless MyCritters and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the MyCritters platform, your User Content, your violation of these Terms, or your violation of any applicable law or regulation.
7. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or in connection with these Terms or the MyCritters platform shall be instituted exclusively in the federal or state courts located in San Francisco, California.
8. Changes to Terms
MyCritters may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the MyCritters platform. Your continued use of the MyCritters platform after the posting of the modified Terms constitutes your agreement to abide and be bound by the modified Terms. You should review these Terms regularly to keep yourself informed of any changes.
9. Termination
MyCritters may terminate your access to and use of the MyCritters platform at any time and for any reason, without notice or liability to you. Upon any termination, you must immediately cease accessing or using the MyCritters platform.
10. Miscellaneous
10.1. Entire Agreement: These Terms constitute the entire agreement between you and MyCritters regarding the use of the MyCritters platform and supersede all prior and contemporaneous negotiations and understandings, whether written or oral, between you and MyCritters regarding the use of the MyCritters platform.
10.2. No Waiver: The failure of MyCritters to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
10.3. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.4. Assignment: You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the prior written consent of MyCritters. MyCritters may freely assign or transfer these Terms, or any of its rights or obligations hereunder, without restriction.
10.5. Notices: Any notices or other communications required or permitted under these Terms shall be in writing and shall be deemed to have been given (a) when delivered personally, (b) when sent by confirmed email, or (c) when sent by certified or registered mail, return receipt requested, postage prepaid, to the address of the party to be notified as set forth on the MyCritters platform or to such other address as such party may designate in writing from time to time.
10.6. Contact Information: If you have any questions about these Terms or the MyCritters platform, please contact us at legal@mycritters.com.
10.7. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Wisconsin USA, without giving effect to any choice of law or conflict of law provisions. Any legal suit, action or proceeding arising out of or related to these Terms or the MyCritters platform shall be instituted exclusively in the federal courts of Wisconsin USA or the courts of Pewaukee Wisconsin USA, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
10.8. No Third-Party Beneficiaries: These Terms are for the benefit of you and MyCritters and are not intended to benefit any third party or be enforceable by any third party. The rights of MyCritters under these Terms shall not be subject to the consent of any third party.
10.9. Headings: The section headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.
10.10. Language: The parties hereto confirm that it is their wish that these Terms, as well as any other documents relating to these Terms, including notices, be drawn up in the English language only.
By using the MyCritters platform, you agree to these Terms of Use. If you do not agree with these Terms, you should not use the MyCritters platform. MyCritters may revise these Terms at any time by updating this page. Your continued use of the MyCritters platform after the posting of the modified Terms constitutes your agreement to abide and be bound by the modified Terms. You should review these Terms regularly to keep yourself informed of any changes.