Last Updated: August 20, 2016
INTRODUCTION; ACCEPTANCE OF TERMS
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on this page (http://catguide.wpengine.com/terms-use-agreement/). Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
In compliance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Users under the age of thirteen (13) are not eligible to use the Site. We will never knowingly request or collect personal information from any person under the age of thirteen (13). You represent and warrant that you have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction, and in any event are at least eighteen (18) years of age to agree to and enter into this Agreement on your own behalf and to use the Site. The Site is not intended for use by individuals under eighteen (18) years of age.
MATERIAL POSTED ON THE SITE AND APPROPIATE CONDUCT
The term “Content” refers to all materials (including, but not limited to text, files, images or photos) that you upload, post, transmit, or otherwise make available on or through the Site. You represent and warrant that you own all intellectual property rights to this Content or are authorized to use and distribute this Content. You understand and agree that we, in our sole discretion and without liability or notice, may remove, move or edit, any Content, in whole or in part, that in our judgment, does not comply with this Agreement. We reserve the right, but is under no obligation to, screen and monitor Content to enforce this policy.
CatGuide does not claim ownership of your Content posted. However, you hereby grant CatGuide an irrevocable, royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed. No compensation will be paid with respect to the use of this Content.
CatGuide reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including but not limited to removing the offending Content from the Site and terminating the User account of such violators. You agree not to transmit through this Site any Content, or otherwise engage in any conduct that (in our sole discretion and without limitation):
- violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- victimizes, harasses, degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
- is intended to promote and/or generate revenue for any third party business activity, including but not limited to affiliate programs, multi-level marketing schemes, link referral codes or any unsolicited commercial advertisement;
- includes personal information such as messages which identify phone numbers, social security numbers, account numbers or addresses;
- impersonates another person, corporation, or entity
- involves pornographic or sexually explicit material of any kind, including but not limited to sexually suggestive imagery or language;
- promotes, furthers, or provides instructional information about illegal activities;
- involves profanity, including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language;
- attempts to bypass the built-in sensor mechanism (including but not limited to, misspelling, inserting spaces or symbols, transposing letters or using look-alike symbols) that automatically replaces profanity and other banned words & phrases with a series of asterisks;
- involves unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated process on the Site;
- interferes or attempts to interfere with the proper operation of the Site;
- bypasses any measures used to prevent or restrict access to any portion of the Site;
LINKS TO THIRD PARTY SITES.
The Site may provide, or third parties may provide links to other websites. Because we has no control over such websites, you acknowledge and agree that we are not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content on or available from such websites. You further acknowledge and agree that we 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 or reliance on any such content available on or through any such website. You acknowledge and agree that clicking on links to and/or using such websites is done entirely at your own risk and subject to the terms and conditions of use for such websites.
CatGuide is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com
TERMINATION OF ACCESS
You agree to indemnify, defend and hold CatGuide, its parents, subsidiaries, affiliates, officers, agents, licensors, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees and costs, relating to or arising out of your use of the Site and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein, including but not limited to your posting of Content or other material that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property rights of any person or entity, or that defames any person, or violates their rights of privacy or publicity, or disparages any entity.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CatGuide DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CatGuide IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. CatGuide AND ITS SUPPLIERS, DO NOT ASSUME OR ACCEPT ANY RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY CONTENT ON THE SITE. YOU ACKNOWLEDGE THAT CONTENT POSTED ON THE SITE SHOULD BE CONSIDERED AS OPINION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS A SUBSTITUTE FOR CONSULTATIONS WITH PROPERLY QUALIFIED PROFESSIONALS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CatGuide OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE SITE, EVEN IF CatGuide HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CatGuide IS NOT LIABILE TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, INCLUDING BUT NOT LIMITED TO: (I) YOUR INABILITY TO USE THE SITE OR ACCESS CONTENT THEREON; (II) REMOVAL OF, ALTERATION OF, DELETION OF, UNAUTHORIZED ACCESS TO, OR THEFT OF YOUR CONTENT, OR OTHER INFORMATION; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY POSTED OR OTHERWISE EXPRESSED ON THE SITE AND/OR THROUGH THE SITE; (IV) ACCESS DELAYS TO, INTERRUPTIONS TO, SUSPENSION OF, OR TERMINATION OF THE SITE; (V) NON-DELIVERY, MISDELIVERY, OR CORRUPTION OF CONTENT; (VI) PERSONAL INJURY; OR (VII) PROPERTY DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CatGuide’S LIABILTY TO YOU, IF ANY, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CatGuide FOR ACCESSING THE SITE.
The Site is controlled and operated within the United States. CatGuide makes no representation that any Content available on or through the Site are appropriate or available for use outside of the United States. If you access the Site from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
GOVERNING LAW; VENUE AND JURISDICTION
If there is any dispute about or in any way involving the Site, you unconditionally agree that such dispute shall be governed exclusively by the laws of the State of Texas, USA, without regard to the conflict of law provisions thereof. You also agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Houston. In the event any dispute is brought outside of the State of Texas, USA, you agree to pay all costs and attorneys fees associated with the enforcement of this clause, irrespective of the ultimate resolution of the dispute.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
We respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please send a written communication to the following address:
Attn: DMCA Complaints
P.O. Box 132287
The Woodlands, Texas 77393
Your written Notification of Claimed Infringement must contain the following items to comply with Title 17, United States Code, Section 512(c)(3)(A):
- An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed.
- A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists.
- A clear description of where the infringing material is located on our Site, including as applicable its URL, so that We can locate the material.
- Your contact information, including mailing address, telephone number, and e-mail address.
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note: If you materially misrepresent that material infringes your copyright interests, you may be liable for damages (including court costs and attorneys fees) and could be subject to criminal prosecution for perjury.
All brand and product names appearing on the Site are trademarks, registered trademarks or service marks of their respective holders.