Terms and Conditions
Registration – Account Security
When you register for and use Shiawase Pet, you will be asked to provide information about yourself (“User Data”). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.
By using or accessing Shiawase Pet, you represent, warrant and agree that you will not:
- Do anything that could disable, overburden or impair the proper working of Shiawase Pet;
- Use any robot, spider, scraper or other automated means to access Shiawase Pet;
- Send spam or any other unauthorized advertisements or solicitations through or using Shiawase Pet;
- Harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively “Contact Information”) of users of Shiawase Pet without consent from such users;
- Solicit private information (including social security numbers, credit card numbers and passwords) from users of Shiawase Pet;
- Provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization;
- Use your profile (as opposed to a Page) for any commercial purpose;
- Offer any contest, sweepstakes, coupon or other promotion through Shiawase Pet without our prior written consent;
- Use an iFrame or offer web search functionality on Shiawase Pet;
- Intimidate or harass any user;
- Do anything that is illegal, infringing, fraudulent, malicious or could expose Shiawase Pet or Shiawase Pet users to harm or liability; or
- Attempt, encourage or facilitate any of the above.
By using or accessing Shiawase Pet, you represent, warrant and agree that you will not Post:
- User Content that violates the law or anyone’s rights, including intellectual property (“IP”) rights or other proprietary rights (such as rights of publicity and privacy);
- Any Contact Information or private information of any third party;
- False, misleading or fraudulent information;
- Any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
- User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.
Shiawase Pet does not pre-screen, review, edit or approve any User Content. Shiawase Pet may, in its sole discretion, remove or disable access to any User Content.
“User Content” means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through Shiawase Pet. “Post” means to upload, post, transmit, share, store, link to or otherwise make available on or through Shiawase Pet.
Your Privacy Practices
We respect the privacy rights of third parties, and you must do so as well on Shiawase Pet.
If you collect, access or use information relating to any user of Shiawase Pet (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not Shiawase Pet.
Ownership – Proprietary Rights
Except for User Content and Applications/Connect Sites, all materials, content and trademarks on Shiawase Pet are the property of Shiawase Pet and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Except as expressly authorized by Shiawase Pet in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.
You are solely responsible for the User Content that you Post on or through Shiawase Pet. You hereby grant Shiawase Pet an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with Shiawase Pet or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Shiawase Pet or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.
If you own or control a website, you may place Shiawase Pet’s link button, logo and/or text (a “Link”), including all trademarks therein, on your website for the sole purpose of enabling users to Post links or content from your website on Shiawase Pet. By offering a Link on your website, you agree, represent and warrant that you will not place a Link on any page containing content that would violate these Terms if Posted on Shiawase Pet. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Links from your website.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Shiawase Pet (“Submissions”), are non-confidential and non-proprietary. Shiawase Pet will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
User Disputes; Complaints
You agree not to hold Shiawase Pet responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to Shiawase Pet. This includes transactions conducted on Shiawase Pet as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to Shiawase Pet, you release Shiawase Pet and its directors, officers, employees and agents (collectively, the “Shiawase Pet Entities”) from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
If you believe that Shiawase Pet or Shiawase Pet’s business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of Shiawase Pet’s legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that Shiawase Pet is unfair, fraudulent or unlawful with respect to that issue.
You agree to indemnify and hold Shiawase Pet Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys’ fees) (“Claim”) arising out of or related to your (a) use of Shiawase Pet or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. Shiawase Pet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Shiawase Pet, and you agree to cooperate with Shiawase Pet’s defense of these Claims.
USE OF SHIAWASE PET IS AT YOUR OWN RISK. SHIAWASE PET WEBSITE AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH SHIAWASE PET ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHIAWASE PET, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, SHIAWASE PET, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT SHIAWASE PET WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT SHIAWASE PET OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SHIAWASE PET IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH SHIAWASE PET (COLLECTIVELY, “THIRD PARTY MATERIALS”). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.
Termination and Changes to Shiawase Pet
We may terminate your account on Shiawase Pet, delete your profile and any User Content you have Posted on or through the Shiawase Pet Service, and/or prohibit you from using or accessing the Shiawase Pet Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of Shiawase Pet at any time without notice. The following sections will survive any termination of your use of Shiawase Pet: Prohibited Conduct, User Content, Your Privacy Practices, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers and Other.
The “Shiawase Pet” means the features, services and properties that Shiawase Pet makes available through
(a) www.shiawasepet.com or any other Shiawase Pet-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof),
(b) the Shiawase Pet Platform and
(c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms “includes,” “including,” “e.g.,” “for example,” and other similar terms used herein are deemed to include the term “without limitation” immediately thereafter.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to affect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from Shiawase Pet at the email address you provide in registering for Shiawase Pet or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of Shiawase Pet.