2. User Submissions1.
preciouspetservices.com encourages members of the public to submit videos and photos that they have produced for consideration in connection with its pet/animal based website, and with its partnerships with related television programs and wireless and online broadcasts.
You shall be solely responsible for your own User Submissions and the co
nsequences of posting or publishing them.
3. PreciousPetMoments.com does not encourage, does not seek, and will promptly remove once we are aware of videos or photos or other submissions that:
(i) result from any activity that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;(ii) result from any activity that may create a risk of any other loss or damage to any person or property;
(iii) contain material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant PreciousPetMoments.com all of the license rights granted herein;
(iv) have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms & Conditions.
(v) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(vi) are advertisements or solicitations for a business, unless submitted through the paid advertising portion of the Website;
(vii) exceed the stated video length;
(viii) impersonate another person; or
(ix) result from any activity that may constitute a crime or tort.
4. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that you will not inflict emotional distress on other people or animals, will not humiliate other people (publicly or otherwise), will not assault or threaten other people or animals, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. PreciousPetMoments.com will reject any submissions in which PreciousPetMoments.com believes, in its sole discretion, that any such activities have occurred.
5. You agree that you will not misidentify yourself in submitting the User Submission or misstate your true identity.
6. If notified by a user of a submission that allegedly violates any provision of this Agreement, PreciousPetMoments.com reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Website.
7. In addition, PreciousPetMoments.com reserves the right to make a judgment of the suitability of ANY submission published on the PreciousPetMoments.com website, regardless of the foregoing list of restrictions, and can, without prior notice, remove at its own discretion any submission found to be unsuitable for any reason whatsoever and/or terminate a User’s access to the Website.
8. PreciousPetMoments.com will also terminate a User’s access to its Website if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User submission removed from the Website more than twice.
9. PreciousPetMoments.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PreciousPetMoments.com expressly disclaims any and all liability in connection with User Submissions.
10. The Website facilitates the submission of videos or other Content by you and other users (“User Submissions”) and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, PreciousPetMoments.com does not guarantee any confidentiality with respect to any User Submissions. PreciousPetMoments.com has complete discretion whether to accept or reject your User Submission, or to transfer your User Submission from one PreciousPetMoments.com program to another program or portion of the Website.
11. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to PreciousPetMoments.com, you hereby grant PreciousPetMoments.com, in addition to any other rights which it has pursuant to any other program established by PreciousPetMoments.com, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and PreciousPetMoments.com (and its successor’s) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). With regard to User Submissions submitted under the Producer Program or not submitted under any other special program, you may notify PreciousPetMoments.com to remove the User Submission from the Website, and PreciousPetMoments.com will do so within a reasonable time period, at which point the foregoing license to PreciousPetMoments.com will terminate.
12. You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.
13. Preciouspetmoments.com will pay US$1 for each approved video and US$1 for every 4 approved photos, collectively herein called uploads. Approval of uploads is solely at the discretion of Preciouspetmoments.com. Payments are limited to US$100 per person. Payments are subject to a maximum of US$6250 grand total for all approved uploads on this website, not per-user. Users must be US residents with valid Paypal.com accounts, and eligible to receive payments in their state of residence. No purchase necessary. This is not a lottery or sweepstakes. User acknowledges that he or she is submitting the uploads as an independent contractor and is responsible for all applicable taxes. Void where prohibited. Payment will be sent via Paypal within 20 business days of the user submitting $100 worth of uploads, or on June 1st 2008, whichever comes first.
4. Your Use of Content on the Website
1. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that PreciousPetMoments.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against PreciousPetMoments.com with respect thereto, and agree to indemnify and hold PreciousPetMoments.com, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material (“Mature Content”) is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).
2. You may access User Submissions solely:
a. for your information and personal use;
b. as intended through the normal functionality of the PreciousPetMoments.com Service; and
c. for Streaming.
“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the PreciousPetMoments.com Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available “as is.”
3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the PreciousPetMoments.com Service. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the PreciousPetMoments.com Service or otherwise as prohibited under this Agreement.
4. You may access PreciousPetMoments.com Content, User Submissions and other content only as permitted under this Agreement. PreciousPetMoments.com reserves all rights not expressly granted in and to the PreciousPetMoments.com Content and the PreciousPetMoments.com Service.
5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
6. You agree not to circumvent, disable or otherwise interfere with security-related features of the PreciousPetMoments.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PreciousPetMoments.com Website or the Content therein.
5. Website Access
1. PreciousPetMoments.com hereby grants you permission to use the PreciousPetMoments.com Website and/or its Affiliated Websites, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without PreciousPetMoments.com prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions.
2. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PreciousPetMoments.com immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of PreciousPetMoments.com or others due to such unauthorized use. PreciousPetMoments.com will not be liable for your losses caused by any unauthorized use of your account.
3. Although PreciousPetMoments.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PreciousPetMoments.com or others due to such unauthorized use.
4. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Website in a manner that sends more request messages to the PreciousPetMoments.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. PreciousPetMoments.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. PreciousPetMoments.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).
5. PreciousPetMoments.com has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause and to remove any submissions or content you have place on the Website with or without cause and without prior notice.
6. If you use the PreciousPetMoments.com Embeddable Player on your website, you must include a prominent link back to the PreciousPetMoments.com website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
6. Intellectual Property Rights
The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to PreciousPetMoments.com. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without PreciousPetMoments.com prior written consent. PreciousPetMoments.com reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
7. License Grants
By posting or sending a video or any other visual, audio or communication content (“User Submissions”), you expressly grant PreciousPetMoments.com a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Submission and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and PreciousPetMoments.com shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Website solely for your personal, noncommercial use on your own behalf. PreciousPetMoments.com may terminate this license at any time for any reason or no reason.
8. Copyright and Content Policy
PreciousPetMoments.com respects the intellectual property rights of others, and requests you to do the same. PreciousPetMoments.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PreciousPetMoments.com will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. PreciousPetMoments.com reserves the right to remove Content without prior notice. PreciousPetMoments.com will also terminate a User’s access to the Website, if they are determined to be a repeat infringer. PreciousPetMoments.com may remove such Content and/or terminate a User’s access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide PreciousPetMoments.com Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. a description of where the material that you claim is infringing is located on the Website, including the URL;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. 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.
PreciousPetMoments.com Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
SpiralFX Interactive, LLC
1336 E. Chandler Blvd
Suite 5, # D-43
Phoenix, AZ 85048
By fax: 1 214-853-9186
By email: info@PreciousPetMoments.com
Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
9. Posting Reviews on PreciousPetServices.com or other PreciousPet Affliiated Sites
PreciousPet Affiliated Sites reserves the right, but not the obligation, to refuse to post or to remove any Review if it contains or features any of the following: