Limitations on Use. The Site is geared towards users of Petco products and services. This Site is controlled and operated by Petco . PETCO makes no representation that materials available on the Site are appropriate in every country, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site are responsible for compliance with local laws.
Rules of Conduct. You understand and agree that:
- You will not impersonate any other person or submit content on behalf of any other person or entity.
- You will not collect information about other Site users without their consent.
- You will treat other Site users with respect.
- You are at least 13 years old.
- You will not submit any content that:
- Infringes on the intellectual property rights or other rights of any person or entity;
- Intentionally interferes with the Site’s operation;
- Violates any person’s privacy or publicity rights or breaches any duty of confidentiality that you owe to anyone or provides any non-public information about Petco or any other company or person without authorization (including the names and contact information for Petco employees and Site users);
- Is harassing, defamatory, abusive, pornographic, obscene or otherwise objectionable (in our sole judgment); or
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or Contains false or deceptive language, unsubstantiated or comparative claims regarding our or others’ products, third party advertising, spam, chain letters, or any other solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation or part of an “affiliate” program as determined by Petco in its sole discretion.
Links. The Site may include links to third-party sites, which are not under Petco s control. You access them at your own risk.
Contact. By submitting your email address in connection with your use of the site, you agree that Petco and its third party service providers may use your email address to contact you about your comment and other administrative purposes.
We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. We also reserve the right to discontinue any part of the Site at any time.
License and Release. In consideration of your use of the Site, you grant to Petco and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license (the “License”) to use any ideas, expression of ideas or other information, content or materials you submit to the Site (collectively, “Materials”) without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The License shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and license the Materials and all rights therein, in the name of Petco or its designees in perpetuity in any and all media now or hereafter known.
The License shall also permit Petco and its designees to use portions of the Materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Petco and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed Materials owned by Petco and shall not be subject to your approval or payment by Petco of any compensation to you. Further, by using the Site you hereby consent and grant PETCO the right, but not the obligation, to use your name, photograph, likeness, voice, performance, biography and other information about you in connection with the Materials you submit.
You also agree that we are free to use any of the Materials or any comments, information or ideas contained in any content or communication you submit to us or the Site, without your consent or notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to advertising and marketing, modifying the Site and developing products and services.
You acknowledge and agree that Petco and its designees may create on their own or obtain many submissions that may be similar or identical to the Materials you submitted. You hereby waive any and all claims you may have had, may have, and/or may have in the future, based on the allegation that the Materials accepted, reviewed and/or used by Petco and its designees may be similar to your Materials.
Option to Purchase. Petco shall have the exclusive option to purchase from you and acquire all right, title and interest, including, without limitation, any copyrights and other intellectual property rights in and to the Materials you submit, which rights shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and apply for copyright registration for any or all of the Materials, and all rights therein, in the name of PETCO, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. The option shall be exercisable by us from the date you submit the Materials until 1 year from that date. If we exercise the option, you agree to accept payment to be determined, or value in kind at Petco ’s discretion, and you agree to execute, acknowledge and deliver such other instruments consistent with an assignment of the intellectual property as may be reasonably necessary to carry out or effectuate the purposes or intent of the assignment of the Materials.
Proprietary Rights and License to Use. All materials on the Site, including, without limitation, names, logos, trademarks, graphics, photographs, illustrations, and software and other elements making up the Site (collectively, “Content”) are protected by copyrights, trademarks or other intellectual property rights owned and controlled by us or by other parties that have otherwise provided their material to us. You may not delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or utilize the Sites or any part of the Content for any purpose other than its intended one is strictly prohibited.
You may display, perform, redistribute and otherwise exploit the videos or other Content on the Site under a worldwide, royalty-free, revocable and non-exclusive license from Petco (“User License”), provided you comply with the following restrictions:
- You may not alter or edit the Petco content in any way, or combine the Petco content with other materials, without the prior written permission of Petco . To request permission, please contact: email@example.com.
- You must include any copyright notices, disclaimer of warranties, tags and other disclosures and identifiers required by Petco .
- You may not use the Petco content on any website or in any other medium, or in connection with any activity, that is sexually explicit, violent, derogatory, profane, defamatory; promotes alcohol, illegal drugs, tobacco, weapons, unsafe activities or a political message; promotes any non-Petco brand or product; infringes on the rights of any third party; or violates any law.
- Petco also reserves the rights to terminate any User License at any time, and to no longer make the Petco content available for license. In the event of termination of a User License by Petco, you agree to immediately cease use of the PETCO content, and if requested by Petco to notify Petco of any uses you made of the Petco content.
General Release. You hereby release and hold harmless Petco , its affiliated entities, employees, directors, officers, licensees and assigns and each of their respective designees (”Petco Entities”) with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys’ fees, due to or arising out of content you submit, post, transmit or make available through the Site.
Disclaimer of Warranties. The Site and all content, products and services included on, or available through, the site are provided “as is” for your use. You agree that your use of the site is at your sole risk. The Petco Entities and any sponsors and advertisers expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchant ability or fitness for a particular purpose or non-infringement. We make no warranty that use of the Site or services on or from the Site (including any software) will be uninterrupted, timely, accurate, secure or error free.
Limitation of Liability. Under no circumstances shall the Petco Entities, sponsors and advertisers by liable for any direct, indirect, incidental, consequential, special or exemplary damages arising out of the use, the materials on this Site, including, without limitation, any lost profits, revenue, or business interruption, or loss of computer programs or date arising from (I) your use of or inability to use the Site, or (II) content, products, and/or services included on or available through the Site. Some jurisdictions do not permit the exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation or liability may not apply to you in its entirety.
Governing Law. This agreement shall be governed in accordance with the laws of the State of California and its validity, construction and effect shall be governed by and enforced pursuant to the substantive laws of the State of California.