Updated November 18, 2014
Terms And ConditionsThis is a legal agreement between you and Startapult, Inc. dba FooPets.com ("FooPets" or "we"). In order to be a member of the FooPets community and use the site at www.foopets.com (the "Site" or "Foopets"), you must accept the following terms and conditions ("Terms").
IF YOU ARE UNDER THE AGE OF 18, PLEASE BE SURE TO OBTAIN YOUR PARENT'S OR LEGAL GUARDIAN'S PERMISSION BEFORE USING THE SITE. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF THEIR USE OF THE SITE. WE BELIEVE THAT PARENTS SHOULD SUPERVISE AND MONITOR THEIR CHILDREN’S ONLINE ACTIVITIES IF THEY ARE UNDER THE AGE OF 18. IN ADDITION, CHILDREN UNDER THE AGE OF 13 ARE EXPRESSLY PROHIBITED FROM SUBMITTING OR POSTING ANY PERSONAL INFORMATION TO THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
Site Policies, Modifications and Severability
At our sole discretion, we reserve the right to change, modify, add to, delete, or otherwise alter these Terms at any time. Such changes and/or modifications shall be effective immediately upon their posting and can be viewable by periodically clicking on this link. Please print a copy of this agreement for your records. Continued use of FooPets following the posting of changes and/or modifications will constitute your acceptance of the revised Terms.
Account Information; Payment
You will be required to provide FooPets certain personal information when registering to use the Site. This information can include name, date of birth, email address, and payment information. By accepting these Terms, you consent to provide complete and accurate information, and to keep this information up to date. You also agree to pay all applicable fees set forth on the Site, including those for the subscription plan that you have selected, and all applicable taxes, and you acknowledge and agree that such fees may be changed by FooPets at any time.
You will not permit another individual to access that account or otherwise place that account in jeopardy. If you believe that your account has been compromised, you are required to inform FooPets immediately and update your account information accordingly. You are solely responsible for protecting your account information, and as such, all behavior that happens through your account is your responsibility.
License and Site Access
Subject to your compliance with the Terms, FooPets grants you access to make personal use of the Site but not to download (other than page caching) or modify it in any way, other than normal usage or in the public areas that are specifically designed for community feedback. This license does not include any resale or commercial use of the Site or its contents. The Site or the Content (as defined below) may not be reproduced, duplicated, copied, published, transmitted or otherwise made available to others, or exploited for any commercial purpose without express written consent of FooPets. Any unauthorized use terminates the permission or license granted by FooPets. FooPets has the right to change, edit, modify, delete or discontinue any feature, function, description, process, art, image, and/or format of the Site or restrict access to parts or all of FooPets at any time without notice. Simply put, we may change this Site or delete content or features or any services provided in any way or any time and for any or no reason.
In the case of application or feature upgrades, we may require you to install specific software or obtain higher quality services (such as a high-speed Internet service, monitor resolution of 1024 x 768, and supported Web browsers).
Content Ownership and Use
All content included on FooPets, including text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software (collectively, "Content"), is the sole property of FooPets. The Content, and any selection, coordination and arrangement thereof, are the exclusive property of FooPets, and are protected by U.S. and foreign copyright laws. As explained above, no use of the Content for commercial purposes is permitted. If you want to copy, reproduce, republish, or distribute Content for non-commercial use, you must contact FooPets for permission and use the applicable FooPets proprietary notices, as instructed by FooPets. Unauthorized or prohibited exploitation of Content will result in deletion of the offender's account from the Site and may be subject to civil liability and criminal prosecution under applicable laws.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations. Subject to your compliance with these Terms, we may allow you to post comments, suggestions, ideas, questions or other posts or information (collectively , "User Content").
By posting User Content, you and/or your parent or legal guardian grant us a perpetual, irrevocable, royalty-free sublicenseable license to use any such User Content for any purposes, including promotional or educational purposes on FooPets or elsewhere.
Notwithstanding anything to the contrary, FooPets has the right (but not the obligation) to remove or edit any User Content in its discretion. FooPets also reserves the right to contact any third party with possible interest in preserving the safety of users (such as the law enforcement or schools) regarding the content of any post or communications.
Social or Communication Features
If you are under 13 years of age, by default you can use a limited version of the Site, which does not contain social or communication features. If you are under 13, you can gain access to a full set of FooPets features, including social and communication features like the ability to make friends, send and receive messages and post to forums, via consent from a parent or guardian if applicable. If we determine you are under 13 years of age and using any FooPets social or communication features without parental consent your account is subject to suspension or termination.
Rules of Conduct
FooPets reserves the right to temporarily suspend or permanently terminate any account if the user engages in any of the following:
- Solicit, use or disclose any user passwords, or personal or private information that might identify another user.
- Link to the Site or placing hyper links to other sites for monetary gain or public affiliation or recognition.
- Run any promotions or offering of prizes of any kind, including contests, raffles, lotteries, giveaways, ads on FooPets and /or applications created by FooPets.
- Upload any spam or advertisements (free or paid in money) or solicitations of any kind or nature.
- Use any 'cheat' or 'hack' programs that extract information or data from FooPets and/or FooPets applications or websites.
- Post 'How to' information or links on how to cheat, hack, or extract information or data from FooPets and/or FooPets applications or websites.
- Attempt to use FooPets in a fraudulent manner, including but not limited to cheat codes, algorithms, multiple identify tactics, exploits or similar measures to gain, or attempt to gain unearned FooDollars, items, pets, or access to FooPets or information or images that have not officially been announced or made public properly by FooPets.
- Attempt to circumvent the security systems of FooPets.
- Upload or submit any data or information containing viruses or other code designed to corrupt, interrupt, destroy or limit the functionality, software, hardware, telecommunications, networks, servers or other equipment.
- Engage in any other behavior that FooPets sees in its sole discretion as inappropriate or not consistent with the spirit of the Site. Encourage or enable any other individual to do any of the foregoing.
We may allow you to purchase virtual currency or goods through the Site (e.g., FooDollars). All purchases are non-refundable. You agree to pay all fees and taxes incurred through your account. Prices are subject to revision by FooPets at any time.
If you decide to purchase any virtual currency or goods, you will not acquire any property interest in such currency or goods, but only a limited, non-transferable, non-sublicenseable, revocable license to obtain such currency and goods for in-game use in accordance with these Terms. The existence of a particular offer of virtual currency or goods is not a commitment by FooPets to continue to make such currency or goods available in the future. In addition, you may not sell any virtual currency or goods for "real" money, redeem them, or exchange them for value outside of the Site. Transfer of virtual property is prohibited by FooPets, and any transaction external transfer of said property will result in termination of your account. You also acknowledge and agree that FooPets may charge fees for the right to use virtual currency or goods, but also distribute them at no charge – in its sole discretion.
You also agree and acknowledge the FooPets may deny any sale for any reason. In addition, FooPets may limit sellers or buyers to any group of users at any time, halt, suspend, discontinue or reverse any currency (e.g., FooDollars) exchange or transactions (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or any other behaviors that may result in disruptions or interference with the Site.
Suspension and Termination
FooPets retains the right to suspend or terminate your account for any violation of these Terms, and you agree that we may do so by email, and that upon receipt of such email you will immediately stop using the Site.
Upon such suspension or termination, there will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the application or service. You will not be able to cash in your FooDollars or return any items purchased on the Site.
No Refunds for Cancellations or Discontinued Use
You may delete your account, cancel your membership or discontinue visiting FooPets at any time. If you decide to delete your account or have violated these Terms, you will not receive refunds on unused virtual currency, prepaid fees, or time period remaining.
Disclaimer and Limitation of Liability
(A) THIS SITE IS PROVIDED BY FOOPETS ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. FOOPETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. FOOPETS DOES NOT WARRANT THAT THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, THAT BUGS OR DEFECTS WILL BE CORRECTED, THAT YOUR DEVICE IS NOT COMPATIBLE WITH THE SITE OR THE CONTENT, AND DISCLAIMS ANY LIABILITIES ARISING FROM ANY ERROR RESULTING FROM INCORRECT USER INFORMATION BEING ENTERED OR SUSPENSION OF SERVICE DUE TO INSUFFICIENT FUNDS, OR FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL (SUCH AS CONNECTIVITY FAILURES).
(B) UNDER NO CIRCUMSTANCES SHALL WE, OR ANY OF OUR SERVICE PROVIDERS SUPPLIERS, OR PARTNERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOSS OF PRODUCTION, LOSS OF DATA, LOSS OF GOODWILL OR CREDIT, LOSS OF REPUTATION ARISING FROM THE USE OF THE SITE. IN ADDITION, OUR LIABILITY TO YOU FOR DIRECT DAMAGES, IF ANY, WILL NO EVENT EXCEED THE AMOUNT PAID BY YOU TO USE THE SITE IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Ads and Malware
We take great care and pride in offering Foopets. While we attempt to identify and fix bugs and technical glitches that affect how the Site works. However, there are some variables that are out of our control such as Malware [MALicious SoftWARE] on your personal computer. Malware is a form of software that includes computer viruses, key loggers, malicious active content, rogue programs and dialers, to name a few, that is installed with malicious intentions, typically without the owner's knowledge or permission. We recommend that you safeguard your computer with anti-virus software. Please note, we cannot be responsible for the effects of any third-party software including Malware on your computer. Please read the Help or Customer Support areas of any software download sites.
You are solely responsible for maintaining the confidentiality of your personal and private information (username(s), password(s), and account(s)), as well as activities that occur under your account(s). You agree to indemnify and hold FooPets, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these Terms or violation of any representations or warranties contained herein. Notwithstanding the above, we reserve the right, at our expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Applicable Law; Venue
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
We may assign these Terms at any time, including in connection with a merger or acquisition of FooPets or sale of the Site. You cannot assign these Terms without FooPets’ prior written consent.
The failure of FooPets to enforce any of these Terms or exercise any right under them will not act as a waiver of FooPets' right to rely on the provisions of these Terms. Any waiver by FooPets for a provision of these Terms will not constitute a waiver of future obligations.
These Terms constitute the entire and exclusive understanding and agreement between FooPets and you regarding the matter hereof, and supersede and replace any and all prior oral or written understandings or agreements between FooPets and you regarding the matter hereof.
Final Note to Parents and Adults
FooPet adoption may result in emotional attachment to the FooPet that you or your children have selected. IF YOU ARE A PARENT OR LEGAL GUARDIAN, YOU SHOULD EVALUTE WHETHER THE USE OF THE SITE IS APPROPRIATE FOR YOUR CHILD. WE DISCLAIM ANY LIABILITY FOR EMOTIONAL DISTRESS THAT MAY OCCURR AS A RESULT OF ADOPTING OR OWNING A FOOPET OR CEASING TO USE THE SITE.
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