HEY PET LOVERS!
Welcome to the fetchadate™ Terms of Use (“Terms”)!
We’re glad you are here. These Terms explain how to properly use the fetchadate application (“App”), interact with others on fetchadate, and inform you of your rights and our rights – important stuff! Please keep in mind that these Terms are a legal agreement between You and fetchadate, LLC (“fetchadate”, “We”, “us”) and apply whenever you use fetchadate. These Terms also apply even if you are not registered with us so even if you are just visiting, won’t you stay awhile?
With all that said, we want you to come away from reading this feeling good and more confident about your experience on fetchadate. So grab Fido, maybe some treats, and read on…
THE BASICS: HOW THESE TERMS APPLY TO YOU (AND FIDO)
As mentioned above, the Terms apply whenever you visit, access, or otherwise use fetchadate, either on our App or on our website: https://fetchadate.com (“Website”). Whenever you visit fetchadate, you and Fido accept and agree to be bound by these Terms (it beats having to click “I accept” each time!). If for some reason, you do not accept and disagree with these Terms, you may stop using fetchadate.
Some more ground rules:
- You must be at least 18 years old. Because fetchadate is a place for adult dog lovers, we only offer our services to users who are 18 years of age or older. By continuing to use fetchadate, you represent and warrant that you are at least 18 years old in human years, not dog years!
- Your use of fetchadate must not violate any applicable law or regulation, including local and international laws in your jurisdiction.
- You agree that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct, or harassment.
THESE TERMS APPLY EVEN IF WE CHANGE THEM
Fetchadate is constantly evolving, so we may revise and update these Terms of Use at our sole discretion. If we make material changes to these Terms, we will update the Effective Date, located at the top of this page. All changes are effective immediately when we post them and apply to all access to and use of fetchadate thereafter.
Please check this page regularly so you are aware of any changes, as they are binding on you. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes.
YOUR ACCOUNT
information we collect from you and how we use it, please consult our Privacy Policy.
Your account is personal to you and Fido so, please remember to keep your account information secure! You are responsible for maintaining the confidentiality of the login credentials you use to sign up for fetchadate, and you are solely responsible for all activities that occur under those credentials.
USER CONTENT
We depend on quality contributions from pet lovers. That’s why You agree that:
- All information and User Content you generate is correct, current, and complete (so make sure you post recent photos of you and your four-legged friend!)
- You own or control all rights in and to the User Content
- You are responsible for any User Content you submit or contribute, and you, not fetchadate, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- All of your User Contributions do and will comply with these Terms of Use.
USER CONTENT STANDARDS
possible. We do this, in part, by maintaining and enforcing our Content Standards.
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful,
inflammatory, or otherwise objectionable. - Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age. - Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization, including us.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
HOW WE MAKE SURE FETCHADATE REMAINS SAFE AND ENJOYABLE
- Remove or refuse to post any User Content for any or no reason at our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards infringe any intellectual property right or other rights of any person or entity, threatens the personal safety of users or the public, or could create liability for fetchadate.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
- Terminate or suspend your access to all or part of the App for any or no reason, including without limitation any violation of these Terms of Use.
- Any activity on the App with the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
- Transmission, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- Impersonation or attempt to impersonate fetchadate, a fetchadate employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- Use of any process to monitor or copy any of the material on the App or for any other purpose not expressly authorized in these Terms of Use.
- Use of any device, software, or routine that interferes with the proper working of the App.
Because we cannot control what other humans or their pets may post, We are not responsible or liable to you or any third party for any User Content posted by you or any other animal lovers on the App. User Content is the sole responsibility of the user who posts it and fetchadate cannot guarantee that all User Content will comply with these Terms. Please let us know of any violations of our Content Standards or these Terms by contacting us here: contact us.
EXTERNAL LINKS
You may encounter links to other sites on fetchadate. For example, we may provide you with links to helpful resources or another pet lover may post a link to Fido’s favorite website. Because we have no control over the contents of those sites, we accept no responsibility for any links to external websites or for any loss or damage that may arise from your use of them. Please use your common sense when clicking a link. If you decide to access any of the third-party websites linked to or in the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
INTELLECTUAL PROPERTY RIGHTS
You may only use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App.
COPYRIGHT INFRINGEMENT
If you believe that any User Contributions violate your copyright, please contact us at: info@fetchadate.com. It is the policy of fetchadate to terminate the user accounts of repeat infringers.
IN-APP PURCHASES
AUTOMATIC RENEWAL
PAYMENT METHOD
Additional Terms apply if you pay fetchadate directly with your Payment Method. If you pay fetchadate directly, fetchadate may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, fetchadate may terminate your account immediately in its sole discretion.
You may edit your Payment Method information by visiting fetchadate and going to “My Profile.” If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen Payment Method. If you reside outside of the United States, you agree that your payment to fetchadate will be through Stripe, Paypal, iTunes, Apple, or Google Play.
ADDITIONAL FEATURES
Fetchadate shall have no liability to you or any third party in the event that fetchadate exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT FETCHADATE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
REFUNDS
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is within 3 days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of fetchadate) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing fetchadate notice in the same manner as you request a refund as described below.
TO REQUEST A REFUND:
on your Apple ID, select “Purchase history,” find the transaction, and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through fetchadate directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or fetchadate (you can find this on your confirmation email).
DISCLAIMER
- YOUR USE OF THE APP, ITS CONTENT, ANY ASSOCIATED WEBSITES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION FOUND ON THE APP. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE APP, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.
- WITHOUT LIMITING THE FOREGOING, NEITHER FETCHADATE NOR ANYONE ASSOCIATED WITH FETCHADATE REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, ANY ASSOCIATED WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- TO THE FULLEST EXTENT PROVIDED BY LAW, FETCHADATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
- THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- TO THE FULLEST EXTENT PROVIDED BY LAW, FETCHADATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. - THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
- TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FETCHADATE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
- FETCHADATE’S TOTAL LIABILITY TO YOU IN RESPECT OF LOSSES ARISING UNDER OR IN CONNECTION WITH THE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, OR OTHERWISE) SHALL IN NO CIRCUMSTANCES EXCEED $20.
- THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
- THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless fetchadate, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Content, any use of the App’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.
GOVERNING LAW
All matters relating to these Terms of Use, and any dispute or claim arising out of or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction). You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
WAIVER AND SEVERABILITY
No waiver by fetchadate of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of fetchadate to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
These Terms of Use constitute the sole and entire agreement between you and fetchadate. The Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.