Hi there! By using Pack you agree that we can come play frisbee with your dog any time we like, even on Tuesday evening.
Oh, you want different terms? Roger that. Here you go. But remember to smile. Life’s too short to expect people to do bad stuff to you. Go do good stuff instead. And take that dog of yours out for brisk walk!
Terms of Service
These Terms of Service are effective as of February 13, 2013.
Thanks for being a part of our Pack!
Here’s the scoop: Pack’s products and services are brought to you by Wonderdog, Inc., a Delaware corporation (“Pack”). These Terms of Service (“Terms”) govern your access to and use of the Pack website, products, apps, and services (“Products”). Please read these Terms carefully and contact us if you have questions: email@example.com. By accessing or using the Products, you agree to be bound by these Terms and all referenced policies (“Policies”).
1. Using Pack
a. Use of Pack Products. Pack allows you to post content, including photos, videos, comments, and other materials. Anything that you post or otherwise make available using the Products is referred to as “User Content.”
b. Who May Use Pack Products. You may use the Products if you are legally of an age to enter into a binding contract; however, no one under the age of thirteen (13) may use the Products or provide any information to Pack (such as, but not limited to, name, address, telephone number, or email address). If you open an account on behalf of a company, organization, or other entity, then you (i) represent and warrant that you are authorized to grant all permissions and licenses requested in these Terms, (ii) are authorized to agree to these Terms on behalf of that entity, and (iii) have authorization to bind that entity to these Terms. References to “you” in these Terms includes you and the entity you represent.
c. Our License to You. Subject to these Terms and the Policies, Pack grants you a limited, non-exclusive, personal, non-transferable, and revocable license to use the Products.
d. Pack Content. From time to time Pack may develop, create and distribute content for use in conjunction with the Products (“Pack Content”). You may view and share Pack Content as part of your use of the Products; however, Pack retains all ownership in and to Pack Content.
e. Modification or Discontinuance. Pack reserves the right to modify or discontinue our service for any reason, without prior notice to you and without liability to you or any other party.
2. Your Content
a. Ownership. You retain all rights in, and are solely responsible for, the User Content you post using the Products. The Content will be owned by you or a third party from whom you got permission to post the content.
The Pack member, and not Pack, will be fully responsible for all User Content that is uploaded, posted, transmitted or otherwise made available by the user on his or her Pack account. Pack cannot guarantee the accuracy, integrity or quality of such Content. Pack does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content for any reason, including Content that may violate these Terms, or that is otherwise objectionable.
Pack also cannot take responsibility for anything that your friends and visitors may post in comment to the content you post on Pack.
Bottom line: put it on Pack, you're responsible for it.
b. Acceptable Use Policy. All User Content is subject to Pack’s Acceptable Use Policy without exception.
c. License of User Content. You grant Pack and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-post, perform, and distribute your User Content solely for the purposes of operating, developing, providing, promoting, and using the Products. Further, you grant Pack a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to create derivative works of your User Content for use within the Pack site to promote your work within Pack, or in direct promotion of the Pack site; provided, however that Pack agrees not to use your User Content for any purpose other than as it relates directly to Pack, imply an endorsement by you of the Pack site, or misappropriate any rights you may have to such User Content. Nothing in these Terms will restrict other legal rights Pack may have to User Content under other licenses or otherwise.
d. Removal of User Content. We reserve the right to remove or modify User Content for any reason, without notice, including User Content that we believe violates these Terms or our Policies. Pack is a platform for people who love dogs and is a niche website focused on dog content. We reserve the right to remove cats! (And other nondog topics that are posted to Pack, should we wish).
e. How Long User Content is Kept. Following termination or deactivation of your account or if you remove any User Content from the Products, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Pack and its users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through use of the Products.
f. Use of Products. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission.
g. Feedback. Pack wants to hear from our users and learn ways we can make Pack, our Products, and your experience with Pack even better. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your feedback, Pack does not waive any rights to use similar or related feedback previously known to us, developed by us or on our behalf, or obtained from sources other than you.
3. Intellectual Property Rights and Policies
Pack is a fair harbor platform and can’t endorse the content our registered users post on their pages. Pack respects the rights of third-party creators and content owners and expects you to do the same. Therefore, you agree not to post any User Content that violates any laws or infringes the rights of any third party.
* If your content is not your own, we reserve the right to take it down and cancel your Pack account.
* You are responsible for the content you post on Pack and for ensuring that you’re not violating copyright.
* We are supporters of the Digital Millennium Copyright Act (“DMCA”) and will take down any content that demonstrates copyright infringements. Don’t go near the edges of this, because we’ll act fast if you do. If you can demonstrate that a registered user of Pack is infringing on your copyright, please tell us right away here: firstname.lastname@example.org.
* In fact, Pack reserves the right to remove images or content from any account at any time for any reason with no prior notice to you.
Copyright and trademark owners can report alleged violations by sending an email to email@example.com
We will keep your passwords and personal contact information private and secure using the most modern and up to date web storage and security systems. We will never sell or share your personal contact information.
Pack strives to protect the security of our content and accounts; however, we cannot guarantee that unauthorized third parties will be unsuccessful at defeating our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
5. Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pack. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Pack site, you do so at your own risk and you agree that Pack will have no liability arising from your use of or access to any third-party website, service or content.
In addition, Pack has a policy of inclusion and does not play favorites between rescues or breeders or other places from whom people may adopt their dogs. Pack is not responsible for vetting breeders or rescues that other users post on the Pack website.
Pack reserves the right to terminate or suspend the license granted in these Terms, with or without cause or notice to you. Pack reserves the right to delete entire accounts without prior notification to you, for any violation of these Terms or other reasons we determine.
If you use our Products for commercial purposes in violation of Section 1(d), in our sole and absolute discretion, you agree to indemnify and hold harmless Pack, its officers, directors, employees, and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including without limitation reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
Products and all content delivered by Pack are provided “as is” without warranty of any kind, whether express or implied.
PACK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. Pack takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited for your purpose.
WHAT THIS MEANS TO ALL PACK MEMBERS: Pack is a place designed for play, but only you can decide if it is right for you and your dog. Some dogs (or their owners) have not been properly trained or handled and, as a result, you may be exposed to some inappropriate behavior while playing at the Pack Park. We wish it were not true, but we can’t help if it is.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PACK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL PACK’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). WHAT THIS MEANS TO ALL PACK MEMBERS: Things happen. All Pack members must take personal responsibility for their actions.
10. Dispute Resolution
By accepting these Terms of Service, you acknowledge that we're all in this together. If at any point, you have a dispute with Pack:
You will contact us via this site (firstname.lastname@example.org), outlining your problem and allowing us reasonable time to respond. If you remain unsatisfied, you will send us a letter by mail to 20 South Santa Cruz, #300, Los Gatos, CA 95030. If after two weeks you haven’t found a satisfactory resolution, you will submit to binding arbitration to be conducted by a member of the American Arbitration Association in California, at your expense. If you win, we will pay the arbitration expenses and your reasonable attorney's fees. If we win, you agree to do the same for us. By accepting these terms, you waive your right to go to court and you explicitly waive your right to participate in a class action lawsuit.
11. General Terms
a. Governing law. These Terms will be governed by the laws of the State of California without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California for any actions not subject to Section 10, Arbitration.
b. Notification. Pack may revise these Terms from time to time without notice. The most current version will always be posted to our website. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
c. Assignment. These Terms and the rights and licenses granted herein are personal to you and may not be transferred or assigned, but may be assigned by Pack without restrictions. Any attempted transfer or assignment in violation hereof will be null and void.
d. Entire Agreement. These Terms, together with the Policies and any amendments and any additional agreements into which you may enter with Pack in connection with the Products, will constitute the entire agreement between you and Pack concerning the Products.
e. Severability and No Waiver. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term and Pack’s failure to asset any right or provision under these Terms will not constitute a waiver of such right or provision.
f. U.S. Government Agencies. If you are a United States federal government agency, your use of Pack is subject to our Supplemental Business Terms of Service.
WHAT THIS MEANS TO ALL PACK MEMBERS: All dogs like to pour over the small print – literally.
Acceptable Use Policy
Pack is a platform to discover and share things you love about dogs. Pack allows you to post content, including photos, videos, comments, and other materials. You agree to use the Pack Products only in a manner consistent with this Acceptable Use Policy.
You agree not to post User Content that:
* Is fraudulent, false, misleading, or deceptive;
* Relates to subjects explicitly other than dogs or is clearly irrelevant to Pack;
* Contains any information or content we deem to be abusive, defamatory, harassing, harmful, hateful, humiliating to other people (publicly or otherwise), invasive of personal privacy or publicity rights, libelous, profane, racially or ethnically offensive, threatening, violent, or otherwise objectionable;
* Seeks to harm or exploit children by exposing them to inappropriate content, requesting personally identifiable details, or any other action;
* You shall not impersonate any other person on Pack. You will not malign or plagiarize or defame or otherwise sully any other person through posting on the Pack platform.
* Creates or may create a risk of harm, loss, physical or mental injury or illness, emotional distress, death, disability, or disfigurement to yourself, to any other person, or to any animal or which may create a risk of any other loss or damage to any person or property;
* Violates laws or regulations or contains any information or content that is illegal (including without limitation another party’s trade secrets or insider information governed by securities laws; or
* Infringes any third-party intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains information that you do not have the right to make available under any law or under contractual or fiduciary relationships.
You agree not to engage in any of the following prohibited activities:
* Use the Products if you are under the age of 13;
* Provide inaccurate or incomplete information with respect to your Pack account.
* Use, or displayt he Products, any individual element within the Products, the Pack name, trademark, logo, Pack Content or other proprietary information or the layout and design of any page, without our prior express written consent.
* Access, tamper with, or use non-public areas of the Product, our computer systems, or the technical delivery systems of our providers;
* Attempt to probe, scan, or test the vulnerability of any Pack system or network or breach any security or authentication measures or avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any measure implemented by Pack or any of our providers or any other third party (including another user) to protect the Products, Pack Content, or User Content.
* Attempt to scrape or download Pack Content or User Content from the Products, or otherwise use, upload content to, or create new links, reposts, or referrals in the Products through the use of any engine, software, tool, agent, device, or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Pack or other generally available third party web browsers.
* Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters, or other form of solicitation.
* Use any meta tags or other hidden text or metadata utilizing a Pack trademark, logo, URL, or product name without Pack’s express written consent;
* Use the Products or Pack Content for any commercial purpose or the benefit of any third party in any manner not permitted by the Terms unless otherwise explicitly permitted by Pack in writing.
* Use Pack user information to forge any TCP/IP packet header or an part of the header information in any email or newsgroup posting, or in any way use the Products to send altered, deceptive, or false source-identifying information;
* Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Products;
* Interfere with or attempt to interfere with the access of any user, host, or network, including without limitation sending unsolicited or unauthorized communications which overload, flood, spam, mail-bomb, or introduce a virus into the Products;
* Collect, store, or in any way use any personally identifiable information from the Products of other users of the Products without their express permission;
* Impersonate or misrepresent your affiliation with an person or entity;
* Violate any applicable law or regulation; or
* Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.
Pack reserves the right, but is not obligated, to remove any User Content for any reason or no reason, including User Content that Pack believes violates this Acceptable User Policy or its Terms of Service or other related Policies.
Pack may also permanently or temporarily terminate or suspend your account without notice and liability for any reason or no reason, including if Pack in its sole discretion determines that you have violated any provision of this Acceptable Use Policy or our Terms of Service.
Pack will keep your passwords and personal contact information private and secure using the most modern and up-to-date web storage and security systems. We will never sell or share any personal or individual information about you, including any contact information.
Pack likes to give back! From time to time we will open source some of our code for the world to use and enjoy, but this does not include sharing any user information.
2. How Pack Collects Information
a. You give us information or permission to obtain it. When you sign up for or use our Products, you voluntarily give us certain information. This can include your name, profile photo, comments, likes, email address (used to sign up), and any other information you provide. If you’re using Pack on your mobile device, you can also choose to provide us with location data.
In addition, you may give us permission to access your information in other services. For example, you may link your Facebook or Twitter account to Pack which allows us to obtain information from those accounts (e.g., your friends or contacts). The information we obtain from those services often depends on your settings or their privacy policies, so be sure to check what those are.
b. We get technical information when you use our Products. When you use Pack, our servers automatically record information about your interaction with our Products (“log data”), including information that your browser sends whenever you visit a website or your mobile app sends when you use it to access Pack. This log data may include your Internet Protocol address, the address of the web page you were visiting before you came to Pack, browser type and settings, the date and time of your request, and how you used Pack.
In addition to log data, we may also collect information about the device you’re using Pack on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of deice you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.
c. We will never email you to ask for your password or other Account information; if you receive such an email, forward it to us.
3. How Pack Uses Collected Information
Pack uses the information we collect to provide our Products to you and make them better, develop new products, and protect Pack and our users. For example, we may log how often people use two different versions of a Product, which can help us understand which version is better.
We also use the collected information to offer you customized content, including helping you discover breeds, dogs, items, content or people you might like or provide you with tailored advertising. For example, if you’ve indicated that you’re interested in Pugs, we may suggest Pug-related materials or content.
In some cases we collect and store information about where you are located, such as by converting your IP Address into a rough geo-location. We may use location information to improve and personalize the Products for you.
The collected information is also used to:
* Send you updates (such as notifications when certain social activity is initiated on your content within Pack), newsletters, marketing materials, and other information that may be of interest to you. For example, depending on your email notification settings, we may send you weekly updates that includes content related to your dog. You always can decide to stop getting these updates by updating your account settings or through other settings we may provide).
* Respond to your questions or comments.
* Diagnose or fix technology problems
* Remember information so you will not have to re-enter it during your visit or the next time you visit.
* Provide personalized content and information to you and others, which could include online ads or other forms of marketing.
* provide, improve, test, and monitor the effectiveness of Pack
* Monitor metrics such as total number of visitors, traffic, and demographic patterns
We collect both information that may identify you as a unique person (“personally identifiable”) or does not identify you (“non-personally identifiable”), using and combining both types as described above. However, Pack will anonymize this data before ever sharing it with third-party partners. For example, if your name is Turner and you have a bull mastiff named Hooch, and if you’ve told us you live in Denver and you are indeed a male (so is Hooch) then we reserve the right to anonymize that data like so: “Male human, male bull mastiff dog living in Denver.” We could also share anonymous data in aggregate, like “there are 8,000 Rhodesian Ridgebacks on Pack, and 345 of those are in San Jose, Ca.” We may use or store information wherever Pack does business, including countries outside of your own.
4. What choices do you have about your information?
Our goal is to give you simple and meaningful choices about your information. If you have a Pack account, many of the choices you have on Pack are built directly in to the Products or your account settings. For example, you can:
* Access and change information in your profile page at any time, and choose whether your profile page is available to search engines;
* Link or unlink your Pack account from an account on another service (e.g., Facebook or Twitter). For some services (like Facebook), you can also choose whether or not to publish your activity on Pack to that service.
* Our weekly breed newsletter. We don’t like spam – in fact, we think it’s the worst. When you join a specific breed on Pack, you will be opted-in to receive our weekly breed-specific newsletters: a fun and personalized way for our Pack leaders to provide you with information about your chosen breed, sent as emails. You can opt-out of any of these emails at any time.
* Delete your account at any time. When you delete your account, we’ll deactivate it and remove your dogs and their profiles and all content you’ve posted from Pack. We may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam). You understand it may take a few days for third party search engines or other services to remove the content from their index.
In addition, you may have choices available to you through the device or software you use to access Pack. For example:
* The browser you use may provide you with the ability to control cookies or other types of local data storage;
* Your mobile device may provide you with choices around how and whether location or other data is shared with us.
To learn more about these choices, please see the information provided by the device or software provider.
5. How is your information shared?
Pack is platform for sharing information about your dogs and connecting with other people and offers related to your dogs. When you create public content about your dogs and share it on Pack, anyone can view it. You may also provide us with profile page information that anyone can view.
The limited instances where we may share your personal information include:
* When we have your consent. This includes sharing information with other services (like Facebook or Twitter) when you’ve chosen to link to your Pack account to those services or publish your activity on Pack to them. For example, you can choose to publish your Pack content to Facebook or Twitter.
* If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Pack; or to detect, prevent, or otherwise address fraud, security or technical issues.
* We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.
We may also share aggregated or non-personally identifiable information with our partners or others. For example, we may tell a business using Pack how many people have created dog profiles, or the percentage of people who own a specific breed on our site.
6. Our Policy on Children’s Information
The founders of Pack are all parents. We love our kids. We also love the internet. We care a lot about keeping all children safe online (off too!). Pack is not directed to children under 13. If you learn that your minor child has provided us with personal information without your consent, please contact us.
7. How do we make changes to this policy?
We may change this policy from time to time, and if we do we’ll post any changes on this page. If you continue to use Pack after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or obtain your consent as required by law.
Questions? Talk To Us
We'd love to hear from you. Drop us a line: email@example.com