Last updated: February 14, 2012
Welcome to the Web site operated by Jovial, Inc. (hereafter referred to as "Waggit.com," "we," "us," or "our"), a New York corporation. Waggit.com maintains www.waggit.com (hereafter "Site"), as a service to our users and visitors (our Site and such services, collectively, our "Services"). By using the Services, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with the following terms of use may subject you to severe civil and criminal penalties. In addition, when using certain features of the Services, you also will be subject to the guidelines, terms, and agreements applicable to such features (“Policies”). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control.
We reserve the right to modify these Terms or policies relating to the Services at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. By using the Services, you agree that the posting of new or revised terms or policies on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Services after any such changes or after explicitly accepting the new terms upon logging into the Site shall constitute your consent to such changes and you agree to be bound by them as of the date of the modification.
Waggit.com is designed to help dog owners ("Pet Owners") find services offered by others related to dog care. Services include, but not limited to, shared dog walking, dog play dates, and overnight pet care.
2.1 Neutral Venue. Our Site is an online venue through which users find and learn about each other. Our Site is merely a venue for users to learn about one another and, if they wish, arrange dog play dates, overnight stays, shared dog walking and other dog related services with one another for their dogs or pets. We are not involved in the actual face-to-face contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site or provide through the Services.
2.2 Identity Verification. We make no attempt to confirm, and do not confirm, any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of the Services. We do not endorse any persons who use or register for our Services, including Hosts, and Sitters. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits through the Services. We encourage you to communicate directly with other members through the tools available on the Site.
2.3 Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
2.4 Release. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from waggit.com. You release waggit.com from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site.
3.1 Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
• disobey the Waggit.com code of conduct
• endanger or harm in any way another Member, Member’s pet, or related individual;
• use the Service for any commercial purpose, unless expressly authorized by Waggit.com;
• violate any local, state, provincial, national, or other law or regulation, or any order of a court;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings,
denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to services usually arranged via the Site;
• "stalk" or harass any other user of our Services;
• collect or store any information about any other user other than for purposes of transacting as an Waggit.com user or Service Provider with another user;
• register for more than one user account or register for a user account on behalf of an individual other than yourself;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with the Service or the Site except through intentionally provided APIs;
• violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
• submit any listing with a false or misleading price, or submit any listing with a price that you do not intend to honor; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. Waggit.com reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
3.2 Disputes with Other Users. You are solely responsible for your interactions with other waggit.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.
We may collect registration and other information about you through the Service. Our collection and use of this information is described in the Privacy Policy available here.
6.1 You Grant Us a License. By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose, subject to the Privacy Policy as described in Section 5. You represent and warrant that you have sufficient rights to grant us this license.
6.2 Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
• infringes the copyright, trademark, or other intellectual property rights of any person;
• is defamatory;
• contains nudity or sexually explicit content, or is otherwise obscene;
• may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
• depicts or advocates the use of illicit drugs;
• makes use of offensive language or images;
• characterizes violence as acceptable, glamorous or desirable;
• provides a link to any other websites; or
• provides a phone number, email or other personal contact information.
6.3 No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
In using our Services, you may be exposed to content and information from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other users of our Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Site.
8.1 Membership Levels; Membership Fees. Waggit.com may offer several membership levels for both Personal and Business Accounts. Access to certain features of the Service will vary by membership level. Please visit our membership page for an up-to-date description of the varying membership features and fees. Waggit.com may change the features and fees associated with these membership levels at any time and in its sole discretion. Subject to the completion of any applicable agreed upon membership term, if you are unhappy with any subscription fee changes you may terminate your membership by writing to our address or via the contact us form.
8.2 Membership Status. You become a member of Waggit when you submit your registration (and payment if applicable) to waggit.com.
8.3 Membership Termination. You may terminate your membership with Waggit by sending us an email info@waggit.com with “End Membership Request” in the subject line and providing your user name and contact data within the email. We will facilitate your request in a reasonable timeframe. Your membership may be terminated at any time, and for any reason, by Waggit.com in its sole discretion with no refunds to already paid membership dues.
9.1 Our Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you, and you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. "waggit.com" and "www.waggit.com" are trademarks of waggit.com and protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise. 9.2 Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at feedback@waggit.com. You may, however, establish ordinary links to our Site without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code. We reserve the right, in our sole discretion, to terminate your ability to link to our Site or use our embedded HTML "widgets."
You must register by completing a user profile to use certain features of the Service. When registering, you must provide accurate and complete information about yourself, including a verified email address, and promptly update this information if it changes. By creating a profile, you represent and warrant that you are lawfully able to enter into contracts on behalf of yourself or the entity you represent (if applicable). You are responsible for all activities associated with your account. You will select a username and password as part of the registration process. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
Any materials, including but not limited to feedback, comments, suggestions, or identifying potential errors and improvements, provided by you in the form of email or other submissions to Waggit.com (collectively “Feedback”) (excluding material that you post on or transmit through the Services in accordance with these Terms), are non-confidential and you hereby grant to Waggit.com and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
Any materials, including but not limited to feedback, comments, suggestions, or identifying potential errors and improvements, provided by you in the form of email or other submissions to Waggit.com (collectively “Feedback”) (excluding material that you post on or transmit through the Services in accordance with these Terms), are non-confidential and you hereby grant to Waggit.com and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) 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 (5) 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 believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Western District of Washington and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our designated agent for notice of copyright infringement can be reached at:
Jovial Corp.
Attention: Copyright Notice
175 Varick St 4th Floor.
New York, NY 10013
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
16.1 YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Waggit.com DOES NOT CHECK ANY HOST, SITTER, PET OWNER, OR OTHER USER’S BACKGROUND OR RECORD. Waggit.com IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER’S COMMENTS AND THIRD-PARTY REFERRALS ON HOSTS AND SITTERS. USE COMMON SENSE. BE AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE USE OF BADGES AND OTHER PROFILE ATTRIBUTES -- INCLUDING THOSE THAT REFERENCE THIRD PARTY ORGANIZATIONS -- ARE MEANT TO FACILITATE THE EXCHANGE OF INFORMATION AND DO NOT REPRESENT A WARRANTY OR ENDORSEMENT OF ANY KIND, FROM EITHER Waggit.com OR ANY THIRD PARTIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
16.2 WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
16.3 IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
16.4 NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
17.1 WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY HOST, SITTER, PET OWNER, USER, OR OTHER THIRD PARTIES ON OUR SERVICES; OR (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
17.2 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY.
17.3 IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, LIQUIDATED DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Waggit.com to pursue arbitration to enforce these Terms, you will be liable to pay Waggit.com the following amounts as liquidated damages, which you accept as reasonable estimates of Waggit.com's damages for the specified breaches of these Terms:
• If you post any content that in violation of these Terms, including any listing that violates Section 3 or any content you post after Waggit.com has limited or terminated your use of the Services, you agree to pay Waggit.com $1000 for each such violation. This provision does not apply to any content that constitutes lawful non-deceptive parody of public figures. In its sole discretion, Waggit.com may elect to issue a warning before assessing damages.
• If you use the Services to send unsolicited email advertisements, you agree to pay Waggit.com $1000 for each such email.
Otherwise, you agree to pay Waggit.com's actual damages, to the extent such actual damages can be reasonably calculated.
You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of Washington, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
These Terms, including all Policies, constitute the entire agreement between you and Waggit.com concerning the Services. These Terms supersede all prior agreements or communications between you and Waggit.com regarding the subject matter of these Terms.
Please contact us at info@waggit.com with any questions regarding these Terms.
Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms.
