Terms of Service
Acceptance of Terms
This site is owned by TokenPet Inc. ("Us" or "We"), which provides the TokenPet.com site and related services (collectively "the Site") to you, the user, only if you agree to and comply with all terms, conditions, notices, and policies contained to or referenced herein ("Terms of Service"), as well as any other written agreement between us and you.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS SET FORTH WITHOUT LIMITATION, QUALIFICATION OR CHANGE. IF AT ANY TIME YOU DO NOT ACCEPT ALL OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SITE.
Any references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes without limitation all parties involved in creating, producing, and/or delivering this site and/or its contents.
Changes to Terms of Service
We expressly reserve the right to change these Terms of Service from time to time without prior notice to you by posting a revised version on the site. You acknowledge and agree that it is your responsibility to review this site and Terms of Service from time to time and to familiarize yourself with any changes. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
These Terms of Service are effective as of October 15, 2016.
Registration Data and Privacy
In order to access some of the services on this site, you may be required to set up an account and password.
Conduct on Site
Your use of this site is subject to all applicable laws and regulations, and you are solely responsible for your activities in connection with this Site, including for anything you post, e-mail, upload, or transmit to or using this Site. By posting information in or otherwise using any feature of this Site (e.g. message board, photo library / gallery, job posting, business listing, sharing of pet data, or other interactive service that may be available to you on or through this Site), you acknowledge that you are solely responsible for your conduct and agree to indemnify and hold TokenPet Inc. and its Affiliates harmless under "Indemnity" below, from any and all liability, costs and damages with respect to your conduct.
By using this Site, you agree – that you will not engage in any activity on or post or otherwise disseminate any material using this Site that:
- violates any laws or regulations or any of our policies;
- infringes our intellectual property, proprietary, privacy or publicity rights of those of any third party;
- is false, inaccurate, misleading, defamatory or libelous content;
- is threatening, indecent, obscene, abusive, vulgar, hateful, harassing, child pornographic or harmful to minors; or
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
In addition, you agree that in using this Site you will not:
- manipulate the price of any item or interfere with product, business or service listings on this Site;
- attempt to gain access to or distribute data or content in any manner other than as authorized by these terms, the owner of the data or content, and applicable law;
- circumvent or manipulate our pricing or fee structure, the billing process or amounts owed to TokenPet Inc. or our Affiliates, or any security, copy protection or other technological measures employed to control access to or rights in this Site, content or data available on this Site;
- take any action that may undermine comments and suggestions about our website or its content;
- loan, transfer or otherwise make your account and account identification available to another party without our consent;
- harvest or otherwise collect information about users, including e-mail addresses, without their consent;
- deliver any viruses, trojan horses, disabling code, worms, time bombs, "clear GIFs" cancelbots, or other computer programming or routines that are intended to, or that in fact, damage, detrimentally interfere with, monitor, intercept or expropriate any data, information, packets, or personally-identifiable information; or
- copy, modify or distribute content to or from the website in violation of applicable copyright and trademark laws; or
- impersonate any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of this Site may be available to you or other authorized users of this Site. You shall not interfere with anyone else's use and enjoyment of this Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your use of this Site without prior notice to you for violating any of the Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. We reserve the right to reveal your identity (or any other related information collected on this Site) in the event of a formal complaint or legal action arising from any situation caused by your failure to abide the Terms of Service.
Any other use of this Site or the services provided by us in violation of these Terms of Service shall be considered to exceed the "authorized access" to the Site.
Screening and Monitoring
We generally do not pre-screen, monitor, or edit the content posted on or available through this Site or the communications services, message boards, newsgroups, photo libraries, or other interactive services that may be accessible from this Site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of this Site, or is otherwise harmful, objectionable, or inaccurate, or that we believe may expose TokenPet Inc. or our Affiliates to liability, or damage our relationship with any of our customers, suppliers, licensors, ISPs or other users of our Site. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Although we do not inspect the contents of communications or screen content posted or displayed through this Site, we may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Requests for Information
Third Party Sites and Information
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. They may also be covered by terms and conditions of use that differ from those governing your use of this Site. These other sites and parties are not under our control and are available here merely as a convenience. We do not endorse these sites or their products or services or make any warranty of any kind, either express or implied, with respect to them.
You acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content or services from any sites available through this Site. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the products, services, or information displayed, ordered or received from these other sites or parties are solely between you and the persons or entities that offer them. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services or information, or for ensuring the confidentiality of your credit card or other personal information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. You should carefully review their privacy statements, Terms of Service and other related materials.
Copyright © 2016, TokenPet Inc. All Rights Reserved.
For purposes of these Terms of Service, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that we present and can be viewed by you on our Site. This includes message boards, photo galleries, and other original content.
By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of TokenPet Inc. and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See "User's Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
DISCLAIMER OF WARRANTIES
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of this Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized TokenPet Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into these Terms of Service.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
Participation in Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside Canada or the United States of America, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
This Site (excluding any linked sites) is controlled by us from our offices within Ottawa, Canada. It can be accessed from all Provinces, as well as from other countries around the world. As each of these places has laws that may differ from those of Ontario, by accessing this Site both of us agree that the statutes and laws of the Ontario, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Ontario, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
You agree that any action at law or in equity (other than one in which preliminary or interim injunctive relief is sought) arising out of or relating to this Agreement shall be settled by arbitration to be held in Ottawa, Ontario, administered by the Canadian Arbitration Association (the "CAA") in accordance with its Commercial Arbitration Rules, except as provided herein, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the matter. Nevertheless, nothing in this Agreement shall in any way limit your or our statutory rights and/or remedies, all of which are reserved and may be alleged in the arbitration process. Each party shall bear its own costs and expenses of arbitration. All forum fees and expenses, including the arbitrators' fees, shall be shared equally by the parties, and shall not be assessed against either party as part of an award.
In the event, and solely in such event, that arbitration of a dispute hereunder is prohibited by law, you agree that the action shall be filed, and that venue properly lies, only in courts located in Ottawa, Ontario, and you hereby consent and submit to the personal jurisdiction of such courts.
You hereby acknowledge, understand, and agree that, whether a dispute is resolved by arbitration or by a court, you waive the right to have the dispute heard or decided by a jury.
You agree that any cause of action you may have arising out of or related to these Terms of Service must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or at TokenPet Inc. 80 ABERDEEN ST, OTTAWA, ON, CANADA, K1S 5R5 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through this Site to inform you of changes to this Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
These Terms of Service constitute the entire agreement and understanding between us concerning this Site and supersedes all prior agreements and understandings between us. These Terms of Service may