TERMS OF SERVICE
Please contact us if you have any questions regarding the following.
/ The Addoptify Team
Terms of Service
A. General Use of the Site
1. Eligibility Requirements. Neither the Site nor our Community Forums (like those available here), are not intended for users under the age of 13. By creating an account with us, you warrant that you are at least 13 years of age.
2. Modification of the Terms. Addoptify reserves the right, at our discretion, to change, add, or remove portions of these Terms at any time by posting the amended Terms to this page. Please check these Terms and any policies periodically for changes. Your continued use of the Site (including any use of any of Site Content or submission of Your Content, each defined further below) after the changes become effective constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms will automatically be effective upon the earlier of (a) your ongoing use of the Site with actual notice of the new terms, or (b) 30 days after Addoptify has first posted notice of the new terms on this page or emailed the notice to you (as applicable).
3. Other Terms and Conditions May Apply. This SITE links to 3rd party websites where other Terms and Conditions may apply and are beyond our control. You should check the 3rd party websites as their Terms and Conditions shall control with respect to your use of that portion of the Site or the specific product or service on those sites.
Addoptify’s obligations, if any, with regard to subscriptions for Addoptify’s products and services are governed solely by the separate agreements pursuant to which such products and services are provided by Addoptify to its customers and licensees through its respective distributor, and nothing on the Site should be construed to alter such agreements.
B. Your Content, Conduct and Responsibilities
1. Sharing Your Content. You understand that any message, feedback, information or data you submit or upload to the Site (“Your Content”) is given by you voluntarily. You retain ownership to Your Content. However, by using the Site, you understand that:
- You’re giving Addoptify and certain third parties permission to use and view Your Content, as described in these Terms;
- Addoptify and any past, present or future users of the Site may (a) develop or have developed content that is identical or similar to Your Content; (b) already know Your Content from other sources; or (c) have taken or will take some other action with respect to Your Content;
- Viewing of Your Content by Addoptify or any other users of the Site shall not be construed as any recognition of novelty or originality of Your Content;
- If Your Content is subject of a pending or issued patent, you have disclosed or will disclose that fact in connection with posting Your Content on or through this Site, including any Community Forums; and
- You are free to enter into separate written contracts with third parties to license your Content to them (such as to give a license under your patents in Your Content).
3. Rules for the Content You Share.(a) Right to Share Your Content. You agree that you will only upload, share, post, publish, transmit, or otherwise make Your Content available on or through the Site (“Share”) that you have the right and authority to Share and can grant to Addoptifyall of the licenses and rights required by these Terms.(b) What Not to Share with Addoptify. You agree that Your Content shall not: (i) be false or misleading, (ii) defame, be derogatory, degrade or harass another or constitute a personal attack, (iii) invade another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information, (iv) promote bigotry, racism, hatred or harm against any group or individual, (v) be obscene or not in good taste, (vi) violate, infringe or promote the violation or infringement of another’s rights, including intellectual property rights; (vii) violate or promote the violation of any applicable laws or regulations, (viii) contain a solicitation of funds, goods or services, or promotes or advertises goods or services, or (ix) contain any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. Addoptify may report you to the relevant authorities or take any other actions under applicable laws it determines are necessary or appropriate if your Content that you Share is intended or designed to cause harm.
4. Use Site in a Responsible Manner. You agree to use the Site and any Site Content available on the Site in a responsible, respectful and ethical manner. For example, you agree that you will not:
- take any action to circumvent or attempt to circumvent the security and access control provisions of the Site such as logging in to an account not assigned to you, accessing personally identifiable information not owned by you, testing the security measures of the Site and/or attempt to identify system vulnerabilities, impersonating any other user of the Site or forge any of the header information in any posting or tamper with the TCP/IP packet header;
- overwhelm or disable the Site or interfere with access to and use of the Site by any other user;
- use the Site or any of Site Content to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person;
- harass, stalk, or otherwise subject any other user of the Site to unwanted and/or inappropriate contact;
- send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes and/or advertise any products or services either by directly posting on the Site or by making unsolicited contact with any other user of the Site via email, telephone, postal mail, or any other method of communication;
- make any changes, additions and/or deletions to any of the Site Content posted by any other user of the Site without the express written authorization of such other user;
- frame or link to the Site or any of Site Content, unless Addoptify expressly consents in writing to such linking and/or framing;
- intentionally expose the Site to any computer virus or any other program or code intended to disrupt or disable operations of the Site;
- use any “deep-link,” “page-scrape,” robot, spider or other program, algorithm, methodology, device or similar manual process to access, copy, monitor, retrieve or index any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
- harvest or otherwise collect information about other users of the Site; or
- modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site.
You understand that these are examples only and are not intended to be complete or exclusive.
5. Non-Compliant Content. Addoptifyhas the right, but not the obligation, to remove or block Your Content or any Third Party Content (defined in Section C(3)) from the Site that it determines in its sole discretion to be in violation of these Terms.
6. Report Abuse. If you believe that someone else’s posts do not comply with these Terms, you can report abuse by submitting an email to [email protected] or if you’re logged into our community forum, by selecting “Report Abuse” under Actions on the right panel of a post or conversation.
7. Your Responsibility for Certain Claims. You agree to defend, indemnify and hold harmless Addoptify and its affiliates and its and their officers, directors, predecessors, successors in interest, representatives, suppliers, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, arising out of, based on or in connection with (a) your use of the Site, (b) your breach of these Terms, and/or (c) any of Your Content. Addoptify reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Addoptify under this Section, and you agree to cooperate with Addoptify in the defense of these claims.
C. Content Available On or Accessible From Site
1. Site Content. All text, user interfaces, visual interfaces, photographs, sounds, music, artwork, trademarks, logos, graphics, images, computer code or any documents or materials that Addoptify makes available on the Site (collectively, “Site Content”), including the design, structure, selection, coordination, expression, “look and feel” and arrangement of any Site Content, contained on the Site and all related intellectual property rights is owned, controlled or licensed by or to Addoptify.
2. Your Right to Use the Site Content and Related Restrictions. As long as you comply with these Terms, Addoptify grants you a personal, non-exclusive, non-transferable and limited right to use the Site and view and download the Site Content for your personal and/or internal business purposes. Except as expressly stated herein, you acknowledge and agree that (a) you have no right, title or interest in or to the Site Content, (b) you cannot remove or alter any proprietary notices on the Site Content (such as copyright or trademark notices), (c) you cannot modify the Site Content, and (d) you cannot use any trademarks, services marks, brands, logos, designs, etc., that appear on this Site without the express prior written permission of Addoptifyor the respective owners. All rights not expressly granted in these Terms are reserved by Addoptify and its licensors.
4. International Use. The Site is hosted in the European Union with a mirror site in the Unites States. If you use the Site, you acknowledge that:
- You are voluntarily transferring information (potentially personally identifiable information) and Your Content to the European Union and agree that Addoptify’s collection, use, storage and sharing of your information and Your Content is exclusively subject to the laws of the European Union, not of the jurisdiction in which you are located; and
- You are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Site Content and Your Content.
D. Copyright Notification and Takedown Process
Addoptify respects the intellectual property of others, and ask that you do the same. In accordance with the Digital Millennium Copyright Act of 1998, Addoptify will respond expeditiously to claims of copyright infringement committed using the Site that are reported to Addoptify. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site, by providing a notice of alleged infringement to Addoptify’s Designated Copyright Agent (“Notice”) as further detailed below. Upon receipt of the Notice, Addoptify will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
You can provide the Notice by providing the following information to our Designated Copyright Agent as follows:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- 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 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. If you are unsure whether there has been an infringement of your copyright or about your rights in the material, Addoptify suggests that you seek legal advice before reporting the material to Addoptify or sending us a counter-notice. There may be negative consequences if you falsely allege copyright infringement or report material to Addoptify in bad faith. Our designated copyright agent for notice of claims of copyright infringement on the Site can be reached by mail as follows:
Att: Laegård Revision
If you believe material was removed in error, you have the option to file a counter-notice by following the steps below. When Addoptifyreceives a valid counter-notice, Addoptifywill forward a copy to the person who filed the original complaint. If Addoptifydoes not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, Addoptifywill remove the complaint from Your Account’s record, and Addoptifymay replace the material that was removed.
E. Additional Terms
1. Termination of Your Use of the Site. Addoptify may, in its sole discretion, terminate or limit your access to, or use of, the Site, any Site Content and Your Content for any reason. Upon any such termination, your right to use the Site and any Site Content or access Your Account and Your Content, including all information stored in the Site, automatically terminates. Further, information in Your Account and Your Content may, but is not required to be, deleted by Addoptify. If you have an account with Addoptify, Addoptify will use commercially reasonable efforts to inform you of any such termination by sending an email to the address you provide upon registration. You agree that Addoptify will not be liable to you or any third party for any termination or limitation of your access to, or use of, the Site, any Site Content or any of your information in Your Account or Your Content that you Share on or through the Site.
2. Disclaimer of Warranty. ADDOPTIFY DOES NOT PROMISE THAT THE SITE OR ANY SITE CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UP-TO-DATE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND THE SITE CONTENT ARE DELIVERED BY ADDOPTIFYON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ADDOPTIFY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULLEST EXTENT PERMITTED BY LAW, ADDOPTIFY, ITS AFFILIATES AND ITS SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ADDOPTIFY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR CONTENT AND YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE SITE CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ADDOPTIFY FOR DISSATISFACTION WITH THE SITE OR ANY SITE CONTENT IS TO STOP USING THE SITE OR ANY SUCH SITE CONTENT.
3. Limitation of Liability. NEITHER ADDOPTIFY NOR ANY OF ITS AGENTS, AFFILIATES OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE, ANY LINKED SITES OR THE SITE CONTENT TE, EVEN IF ADDOPTIFYAND SUCH PARTIES WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL LIABILITY IN THE AGGREGATE, WHETHER ARISING IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY, MISREPRESENTATIONS OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ADDOPTIFY ARISING UNDER THESE TERMS OR FOR ANY CAUSE OF ACTION IN CONNECTION WITH THESE TERMS EXCEED THE LESSER OF AMOUNTS PAID BY YOU, IF ANY, TO ADDOPTIFYOR €100.
4. General. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under these Terms without Addoptify’s prior written consent, and any attempt to do so without that consent will be void. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns. These Terms and any dispute arising out of or in connection with these Terms will be governed as to all matters by the laws of Denmark, without giving effect to conflicts of law principles thereof and excluding the U.N. Convention on the International Sale of Goods. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Addoptify to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Addoptify in writing. No joint venture, partnership, employment or agency relationship exists between you and Addoptify. These Terms comprise the entire agreement between you and Addoptify and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Except for Addoptify’s rights to modify these Terms as described above, these terms may be amended or supplemented only by a writing that is signed by duly authorized representatives of both parties.