END USER LICENSE AGREEMENT
WELCOME TO WAGZ!
Wagz, Inc. (“Wagz”, “we,” ”us,” “our”) is company focused on your dogs health, safety, and connection to YOU! Our policies are designed to create a safe and fair environment for all Wagz members (“Member(s),” “you,” “your(s)”). You can use the Site to educate yourself on your dog and further information about the Wagz product. Learning what is allowed can help you avoid unintentionally breaking the rules and helps everyone in encouraging reliable and trustworthy Members.
By using the Site, you agree to be bound by these Terms and all other Wagz Policies governing the use of the Site. By using the Site you represent that you have read and understand these Terms of Service and other applicable polices and agree to be bound by the terms therein.
The paragraph headings and Translations contained in these Terms are for convenience of reference only and will not affect the meaning or interpretation hereof.
Translation: The translations and headings have no effect on the meaning of the Wagz Policies.
You hereby grant to Wagz a non-exclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any text, images, Crowdscore entires, Favs and/or any other information that you post on or in connection with the Site (each, individually or together, the “Content”). You may cancel this license at any time by removing such Content from the Site. However, such cancellation will not apply to any such deleted Content that is already in use by Wagz in any promotional or marketing materials at the time of deletion.
Subject to your compliance with these Terms, you are granted a limited, non-sublicensable, non-transferrable/assignable, revocable, license to access and use the Site. This license does not include; (i) any resale or commercial use of the Site and all content and other materials on our Site (excluding Content that you post), including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (each individually or together the “Site Materials”) therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of our Site and/or the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion the Site or any information contained therein, except as expressly permitted by these Terms; or (vi) any use of the Site other than for its intended purpose.
You and Wagz may enter into certain written agreement(s) concerning elements of the Site, the Wagz services, and/or your use thereof (the “Additional Terms”). Provided that any such agreement(s) is in writing, expressly refers to being additional terms to these Terms and is signed by both you and an authorized representative of Wagz, the terms and conditions of such an agreement will be incorporated into these Terms. If there is any contradiction between any Additional Terms and these Terms: (i) the Additional Terms shall control only in relation to the elements of the Site, the Wagz services and/or your use thereof that are expressly specified in any such Additional Terms; and (ii) these Terms shall control in relation to all other elements of the Site, the Wagz services and/or your use thereof.
You are free to post and delete your Content at any time. Upon such deletion, Wagz typically will remove your deleted Content from its servers within a commercially reasonable time. You may not post any Content that violates any applicable laws, rules, policies or regulations. You hereby agree not to post anything on our Prohibited Item list as may be updated from time to time, on the Site and/or any content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying our Site.
You agree to use our Site at your own risk and that you are solely responsible for your use of the Site and for the Content that you post. It is your responsibility to ensure that any Content that you post on the Site does not hurt or offend anyone or violate any applicable laws, rules, policies or regulations. In no case will Wagz be liable for without limitation any statements, representations, Wagz Member or third party content on the Site, or in any public forum. Although we have no obligation to screen, edit or monitor any Wagz Member or third party content posted on the Site, we reserve the right, and have absolute discretion, to remove, screen or edit any such content posted or altered on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any Content you post on our Site.
BUYING AND SELLING
Wagz’s Buying and Selling Policy explains how Members can buy and return items on Get Wagz. By using the Site, you agree to buy and return items in accordance with our Buying and Selling Policy.
YOUR Representations and Warranties
You represent and warrant that your use of the Site will be in strict accordance with these Terms, and with all applicable laws, rules and regulations, including without limitation all tax, federal, state, local, provincial and international laws, rules and regulations applicable to your use of the Site and your Content, including all copyright, patent and trademark laws.
By using the Site, you hereby represent and warrant that:
- You are at least 18 years old.
- You will use messaging to facilitate business.
- You will not to spam or harass others.
- You will respect other Member’s privacy and as such you will not share private or personally identifiable information in public areas of the Site.
- You will not use any of the Wagz tools or features to purposefully harm or disrupt another Member’s business or reputation; targeted bullying will not be tolerated.
- You will be respectful, posted Content must not promote, support or glorify hatred.
We do our best to ensure that the Site is accessible through as many mobile device platforms as possible. However, Wagz cannot and does not guarantee that our Site will be accessible through your mobile device.
Intellectual Property means all patent rights, copyright rights, moral rights, trademark rights, trade secret rights, and all other intellectual property and proprietary rights related to the Site as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, province, country, territory or other jurisdiction. All such rights, title, and interest in and to the Site, excluding Content provided and owned by Wagz Members and except as otherwise expressly provided for herein, are and will remain the property of Wagz.
Subject to these Term of Service, you retain any applicable Intellectual Property rights to your Content, so in all cases it remains your property. By posting Content on our Site, you represent and warrant that you own all rights in and to such Content or, alternatively, you have acquired all necessary rights in such Content to enable you to grant the above licenses. Except as prohibited by law, you hereby waive any moral rights you may have in your Content under the laws of any jurisdiction. You further authorize us to publish your Content in a searchable format that may be accessed by Wagz Members and other Internet users.
Claims of Copyright Infringement
If you believe that anything made available via our Site infringes upon any copyright, which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Address of Designated Agent to Which Notification should be sent:
Ascentage Law, PLLC
155 Fleet St.
Portsmouth, NH 03801
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our Members by means of a general notice on our Site, electronic mail to a Member’s email address in our records, or by written communication sent by first-class mail to a Member’s address in our records. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Wagz has adopted a policy of terminating, in appropriate circumstances, and at the sole discretion of Wagz, the right to access and use the Get Wagz Site for those Members who are deemed to be repeat infringers. Wagz may also, at its sole discretion, limit access to the Site and/or terminate the right of any Members to access and use the Get Wagz Site for the infringement of any intellectual property rights of others, whether or not there is any repeat infringement.
Changes & Modifications
Wagz reserves the right, at its sole and absolute discretion, to temporarily or in perpetuity, change, modify, update, alter and/or cancel the Site or any portion thereof, these Terms and/or all other Wagz Policies, without notice to you. Wagz will not be liable for any kind of damage or loss to you or to any third party, stemming from any such changes, modifications, updates, alterations and/or cancelation of any of the Site or portion thereof, these Terms and/or all other Wagz Policies. Any Changes to these Terms and/or other Wagz Policies will be reflected on the Site and continued use of the Site thereafter will constitute acceptance of any such changes, modifications, updates, alterations and/or cancellation.
Translation: We can make changes without notice and they will control your use of the Site; check our Terms and Policies for updates.
Notwithstanding anything to the contrary in these Terms and/or any of our Policies, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, without limitation your right to use our Site and to block or prevent your access to and use of our Site) for any or no reason.
MEMBER DISPUTES / RELEASE
If you have a dispute with one or more Members, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
If you have a problem with a transaction conducted on the Wagz Site and are unable to reach a resolution with the applicable Member, you can contact customer service and they will handle all disputes on an individual basis. YOU AGREE TO BE BOUND BY ANY DECISION(S) THAT THE WAGZ SUPPORT TEAM COMES TO WITH REGARD TO SUCH DISPUTES.
In order to have the best experience on Wagz, be sure to read other Member’s transaction policies and listings carefully. Keep in mind that we will not assist in resolving any problems arising from transactions that are completed outside of the Wagz community.
You agree, at your own expense, to indemnify, defend and hold us harmless from and against any actual and/or threatened claim, demand and/or any resulting losses, whether direct or indirect, incurred arising out of or relating to the use of the Wagz Site.
Limitations on Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE WAGZ SITE, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER MEMBERS, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES AS A RESULT OF CONTACT WITH OTHER MEMBERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY MEMBER ON ANY INFORMATION OBTAINED FROM Wagz, VIA OUR SITE (OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SITE), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of OUR Representations and Warranties
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, OUR SITE, MOBILE APPLICATIONS, SITE MATERIALS, CONTENT, THIRD PARTY CONTENT, ANY HYPERLINKS AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE (EACH INDIVIDUALLY OR TOGETHER THE “WAGZ SERVICES”) ARE PROVIDED TO YOU“AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY WAGZ CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY WAGZ SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL WAGZ SITES AND SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT KNOWN, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
Disputes / Arbitration
You and Wagz (each individually a “Party” and collectively the “Parties”) agree that any dispute relating to these terms or the use of the Site will be resolved solely by the means set forth in this section. In the event that any such dispute arises, you agree to first contact Wagz directly and the Parties agree to make a good faith effort to resolve the dispute. If the matter remains unresolved for sixty (60) days after your initial contact with Wagz regarding the dispute, the matter will be submitted to binding arbitration under the rules of the Any such arbitration will be conducted in Boston, Massachusetts – USA. The arbitrator(s) involved in settling any such dispute will have authority to grant specific performance and to allocate the costs of arbitration between the Parties as the arbitrator(s) deems equitable. Any such judgments rendered by the arbitrator(s) may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
Wagz’s failure to strictly enforce any provision of our Terms and/or Policies will not constitute a waiver of any such provision.
Governing Law / Forum
Any dispute arising under or in connection with this Agreement or related to any matter that is the subject of this Agreement shall be governed by, and construed in accordance with, the substantive laws of the State of New Hampshire – USA, without regard to its conflict of laws principles. You agree that any claim or dispute you may have against Wagz must be resolved by a court located in Rockingham County, New Hampshire, except as otherwise agreed by the Parties or as described in the Arbitration Option paragraph above. You agree to submit to the personal jurisdiction of the courts located within Rockingham County, New Hampshire for the purpose of litigating all such claims or disputes. In addition to any other relief awarded, the prevailing Party in any action arising out of this Agreement shall be entitled to its reasonable attorneys’ fees and costs.
These Terms, and any updates thereto, will constitute the entire agreement between you and Wagz concerning the Site and supersedes all prior understandings, agreements and documentation relating to such subject matter.
If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.
If you have any questions about these Terms of Service or anything else, please contact Wagz, Inc. at:
Attention: Wagz, Inc.
100 Market Street, Suite 401
Portsmouth, NH, 03801, USA