PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Terms of Use
Effective date: February 16, 2018
Please read-on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@numberwing.com.
These Terms of Use (the “Terms”) are a binding contract between you and Numberwing Inc. (“Numberwing,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Numberwing Privacy Policy.
PLEASE READ: Information regarding adoptable pets is provided by the adopting organization and is neither checked for accuracy or completeness nor guaranteed to be accurate or complete. The health or status and behavior of any pet found, adopted through, or listed in the Pet Pick® app or other properties of Numberwing, Inc. are the sole responsibility of the adoption organization listing the same and/or the adopting party, and by using this service, the adopting party releases Numberwing, Inc. from any and all liability arising out of or in any way connected with the adoption of a pet listed in the Pet Pick app.
Will the Terms ever Change?
We’re always trying to improve the Services, so these Terms may need to change along with the Services. We reserve the right to modify or revise the Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately or, where required by law, 30 days after their publication in connection with the Services. We may notify you of any such changes by posting the notice of such changes on the Numberwing website or sending notice via other means. Your continued use of the Services after any changes or modifications to this Agreement are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Services.
What about my privacy?
Numberwing takes the privacy of its users very seriously. For complete details, please see the Numberwing Privacy Policy.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@numberwing.com.
What are the basics of using Pet Pick?
The Pet Pick app is intended for users who want to find and adopt a pet for their own personal/family use or for someone they know. You may not use the Pet Pick app for any other purpose, including, but not limited to: (i) acquiring pets through the Services and re-selling them with the intent to make a profit or for some other commercial purpose; (ii) acquiring pets for use in puppy mills; or (iii) acquiring pets for any purpose that contributes to or promotes violence against animals. You represent that you will not harm, abuse, sell, kill, or use as food, any pets available through the Services, or knowingly assist others in doing the same.
The Pet Pick app contains listings of pets for adoption, but does not in any way screen its users or the pets available for adoption. Nor does Numberwing inquire into the backgrounds of its users or attempt to verify the statements of its users. Numberwing makes no representations or warranties as to the conduct of users or the quality, health or suitability of the pets available through the Services. As such, it is your responsibility to conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with other users and with respect to any pets available through the Services.
In no event shall Numberwing be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from transactions with other users or pets acquired through the Services.
You understand that Numberwing makes no guarantees, either express or implied, regarding your ultimate satisfaction with any pets acquired through the services or the suitability of any adoptive pet owner.
You may be required to sign up for an account and provide a password and email address, which will be used as your user name (“Pet Pick User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Pet Pick User ID a name that you don’t have the right to use. You may not (i) select or use as a Pet Pick User ID a name of another person with the intent to impersonate that person; or (ii) use as a Pet Pick User ID a name subject to any rights of a person other than you without appropriate authorization.You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and your parent or guardian agrees to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
a. Infringes or violates the intellectual property rights or any other rights of anyone else (including Numberwing);
b. Violates any law or regulation;
c. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
d. Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log on as you on the Services);
e. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
f. Violates the security of any computer network, or cracks any passwords or security encryption codes;
g. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
h. “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content (through use of manual or automated means);
i. Copies or stores any significant portion of the Content, provided that you may download store individual photo albums through the Services;
j. Decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in Pet Pick?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Numberwing’s) rights.
You understand that Numberwing owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply—they do!.
Numberwing reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of this Agreement.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Numberwing’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
USER SUBMISSIONS
“User Submissions” are defined as any communications, messages, pet listings, pet data, pet photos, text, images, sounds and all the material, data, content and information that you upload or transmit through the Services, or that is extracted from your profile, such as your profile picture. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information. By posting any User Submissions on, through or in connection with the Services, you hereby grant to Numberwing a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Submissions on, through or in connection with the Services or in connection with any distribution or syndication thereof on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. Numberwing’s use of such User Submissions shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. You also grant each user of the Services a non-exclusive license to access, use, modify, distribute and transmit your User Submissions as permitted through the functionality of Numberwing and under this Agreement. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Submissions you submit.
Numberwing expressly disclaims any and all liability in connection with User Submissions. You acknowledge that User Submissions are not controlled or endorsed by Numberwing and shall not be considered, reviewed, screened or approved by Numberwing. However, Numberwing reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Numberwing also reserves the right to terminate a user’s access to the Services at any time in its sole discretion and without prior notice.
You represent and warrant that: (i) you own the User Submissions posted by you on, through or in connection with the Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Submissions by you on, through or in connection with the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. User Submissions are not confidential and will not be returned to the user.
Will the Services ever Change?
We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Numberwing . When you access third party websites or use third party services, you accept that there are risks in doing so, and that Numberwing is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Numberwing has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Numberwing will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Numberwing shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Numberwing is under no obligation to become involved. In the event that you have a dispute with one or more other users or any third party, you release Numberwing, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
TERMINATION
Numberwing may, under certain circumstances and without prior notice, immediately terminate your account and access to the Services. Cause for such termination shall include, but not be limited to: (i) breaches or violations of this Agreement or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) engagement by you in fraudulent or illegal activities; and/or (viii) nonpayment of any fees owed by you in connection with the Services or any other Numberwing product. Termination of your account may include: (i) removal of access to all pages within the Services; (ii) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (iii) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Numberwing’s sole discretion and that Numberwing shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services.
DISCLAIMER OF WARRANTY
Numberwing does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Numberwing or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Numberwing or through the Services, will create any warranty not expressly made herein.
THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Numberwing AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Numberwing HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
You agree to defend, indemnify and hold Numberwing, its affiliates, officers, agents, employees, contractors, vendors, partners, and content providers harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, or (c) your interactions with other users.
GENERAL
a. This Agreement states your entire agreement with Numberwing regarding the use of the Services. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
b. No delay or failure to take action under this Agreement shall constitute any waiver by Numberwing of any provision of this Agreement.
c. This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Numberwing or affiliates or relating in any way to your use of the Services resides exclusively in the courts of Florida, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Florida, Brevard County, in connection with any such dispute.
d. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
e. All obligations, restrictions and warranties placed upon you by this Agreement shall survive termination of the Services.
f. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Numberwing without restriction.