Terms and Conditions

PetCloud – Terms and Conditions

Updated: May 20, 2019 PetCloud (“PetCloud”, “we”, “our”, or “us”)By using the PetCloud Service (the website www.petcloud.pet, or iPhone or Android native apps) you are agreeing to be bound by the following terms and conditions (“Terms of Use”). In addition, when using our services, you will be subject to any posted guidelines or rules applicable to such services, which may be posted and modified at any time, at our discretion.Any participation in this site will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use our services. Questions or commentsWe are here to cherish our pets and give a better life to other pets. We are extremely passionate about that and it is something very personal to all of us here at PetCloud. So if there is something that you find that we could do better, let us know. Any questions, comments, and any other feedback about this policy should be directed to support@petcloud.petChanges to this policyFrom time to time we may update ourTerms and Conditions. When we do, the new version is immediately effective as of the last updated date listed above. See the Revisions section below for more information on version changes.When we revise this policy we will always give notice to you by updating this page. In some cases, it may be possible to let you know about changes and news in other ways. For instance, if you have cookies enabled we can just let you know what’s changed when you login next. We can just email you changes if you provide your email address.  

Basic Terms

You agree that:

  1. You must be 13 years or older to use this site.
  2. You are responsible for keeping your password secure.
  3. You are responsible for ANY activity that occurs under your screen name.
  4. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the PetCloud service.

You must not:

  1. Abuse, harass, threaten, impersonate or intimidate other PetCloud users.
  2. Post content containing blatant expressions of bigotry, racism, or ethnically offensive content, hate speech, abusiveness, vulgarity, or profanity.
  3. Post nude, partially nude, or sexually suggestive Content, or Content that is otherwise obscene or lude.
  4. Use the PetCloud service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  5. Post Content of any kind which you do not have the rights or license to.
  6. Modify, adapt or hack PetCloud or modify another website so as to falsely imply that it is associated with PetCloud.
  7. Access PetCloud’s private API by any other means other than through PetCloud itself.
  8. Crawl, scrape, or otherwise cache any content from PetCloud including but not limited to user profiles and photos.
  9. Create or submit unwanted email or comments to any PetCloud members (“Spam”).
  10. Use web URLs in your name without prior written consent from PetCloud.
  11. Transmit any worms or viruses or any code of a destructive nature.
  12. In the use of PetCloud, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your PetCloud account.While PetCloud prohibits such conduct and content on its site, you understand and agree that PetCloud cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the PetCloud service at your own risk.  

General Conditions

We expressly reserve the right to:

  1. Modify or terminate the PetCloud service for any reason, without notice, at any time.
  2. Alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. Refuse service to anyone for any reason at any time.
  4. Force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  5. Reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

We may (but have no obligation to):

  1. Remove User Content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  2. Use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Proprietary Rights in Content on PetCloudYou agree and acknowledge that:

  1. PetCloud does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post on or through the PetCloud Services. By displaying or publishing (“posting”) any Content on or through the PetCloud Services, you hereby grant to PetCloud a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly (“private”) will not be distributed outside the PetCloud Services.
  2. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of PetCloud, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  3. When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  4. Some of the PetCloud Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PetCloud may place such advertising and promotions on the PetCloud Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  5. You represent and warrant that:
    1. you own the Content posted by you on or through the PetCloud Services or otherwise have the right to grant the license set forth in this section
    2. the posting and use of your Content on or through the PetCloud Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person
    3. the posting of your Content on the Site does not result in a breach of contract between you and a third party

    You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the PetCloud Services.

  6. If you are a third party/copyright holder whose intellectual property rights have been infringed upon on by a PetCloud user, please visit our DMCA page.
  7. The PetCloud Services contain Content of PetCloud (“PetCloud Content”). PetCloud Content is protected by copyright, trademark, patent, trade secret and other laws, and PetCloud owns and retains all rights in the PetCloud Content and the PetCloud Services. PetCloud hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the PetCloud Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the PetCloud Services.
  8. The PetCloud Services contain Content of Users and other PetCloud licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PetCloud Services.
  9. PetCloud performs technical functions necessary to offer the PetCloud Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PetCloud Services.
  10. Although the Site and other PetCloud Services are normally available, there will be occasions when the Site or other PetCloud Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of PetCloud. Also, although PetCloud will normally only delete Content that violates this Agreement, PetCloud reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by PetCloud in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, PetCloud encourages you to maintain your own backup of your Content. PetCloud will not be liable to you for any modification, suspension, or discontinuation of the PetCloud Services, or the loss of any Content.

Safety

PetCloud will not be responsible for any medical issues any user may sustain while using any of the PetCloud services, including but not limited to seizures, heart attacks, etc. You agree that you will not:

  1. Post unauthorized commercial communications (such as spam) on PetCloud.
  2. Collect users’ content or information, or otherwise access PetCloud, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  3. Solicit login information or access an account belonging to someone else.
  4. Do anything that could disable, overburden, or impair the proper working or appearance of PetCloud, such as a denial of service attack or interference with page rendering or other PetCloud functionality.
  5. Facilitate or encourage any violations of this Statement or our policies.

Third PartyPetCloud is a distributor (and not a publisher or creator) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Platform, are those of the respective author(s) or distributor(s) and not of PetCloud. Neither PetCloud nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through PetCloud represents the opinions and judgments of the respective user or information provider not under contract with PetCloud. PetCloud neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PetCloud by any third party. Under no circumstances will PetCloud be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Platform. PetCloud is not responsible for any actions or inaction on your part based on the information that is presented on the Platform. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Platform. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. PetCloud may run advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than PetCloud, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. PetCloud is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on PetCloud. 

Indemnification

You agree to defend, indemnify and hold harmless PetCloud, their affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of PetCloud by you or your Account. PetCloud reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Platform. In such event, you shall provide PetCloud with such cooperation as is reasonably requested by PetCloud. 

Revisions

  • Version 1.2 – May 20, 2019
    Added new terms and items about counseling.
  • Version 1.1 – September 20, 2017

    Modified Basic Terms, Item 10:

    Changed “PetCloud, LLC” to read “PetCloud”.

  • Version 1.0 – July 7, 2017This is where we list out what we changed. However, this is the first version so there is nothing here.