Proprietary Rights in Content on the Sites. PET TOMATO, INC. owns and retains all proprietary rights in the Sites. The Sites contain material that is derived in whole or in part from material supplied by PET TOMATO, INC., its licensors, and other sources, and is protected by U.S. and international copyright and trademark laws. No material, including but not limited to the characters, logos, graphics, illustrations, text, images, audio and video, and no software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software, (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained written permission and maintain all legal notices intact or as provided by PET TOMATO, INC. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of PET TOMATO, INC.'s or such other sources' copyright, trademark and other proprietary rights. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Sites (including, without limitation, data packets transmitted to and from the Sites over the Internet), or analyze, decipher, "sniff", derive code from, or attempt to analyze, decipher, "sniff", or derive code from any packet stream transmitted to or from the Sites, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act.
Content Posted on the Sites. You are responsible for the content of any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content"). By uploading, posting, emailing or otherwise submitting Content to the Sites, to the extent that any such Content isn't derivative of Materials or other PET TOMATO, INC. property and therefore owned by PET TOMATO, INC., you grant, and you represent and warrant that you have the right to grant, to PET TOMATO, INC. an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Content, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing without any compensation to you or any third party.
Rules of Conduct on the Sites.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You may not post or transmit Content (even if made in a joking, sarcastic or unintended manner) that:
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity);
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian);
tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable agreements between PET TOMATO, INC. and you) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
solicits gambling or engages in any gambling activity which PET TOMATO, INC., in its sole discretion, believes is or could be construed as being illegal;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
interferes with another user's use and enjoyment of the Sites or any other individual's use and enjoyment of similar services; or
You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.
You may not include in your member profile your last name, social security numbers, telephone numbers or street addresses. You (or your parent/legal guardian if you are a minor) must be the email account holder for any email addresses that you list in your account information or subsequently provide in connection with the Sites.
You understand that PET TOMATO, INC. has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as We, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. PET TOMATO, INC. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
It is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. PET TOMATO, INC. does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that PET TOMATO, INC. is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.
Unsolicited Creative Submissions/Communications. PET TOMATO, INC. does not accept or consider creative ideas, suggestions or materials other than those PET TOMATO, INC. has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by PET TOMATO, INC. or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Sites by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed and shall remain the property of PET TOMATO, INC. None of the Information shall be subject to any obligation of confidence on the part of PET TOMATO, INC. and PET TOMATO, INC. shall not be liable for any use or disclosure of any Information. PET TOMATO, INC. shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Hyperlinks. The appearance of websites or external hyperlinks on the Sites does not constitute endorsement by PET TOMATO, INC., its subsidiaries and affiliates of the opinions or views expressed by these linked sites and PET TOMATO, INC. does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the linked sites. Furthermore, PET TOMATO, INC. is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither PET TOMATO, INC. nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall PET TOMATO, INC. assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, PET TOMATO, INC. will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
PET TOMATO, INC. welcomes links to the Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your site by PET TOMATO, INC., its affiliates, or any group or individual affiliated with PET TOMATO, INC. You may not use on your site any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website, or otherwise create a dynamic HTML page using, any of the content or other materials on the Sites without PET TOMATO, INC.'S Prior Written Consent.
U.S. Export Controls. Software from the Sites (the "Software") is further subject to United States export controls. No Software may be downloaded from the Sites or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
PET TOMATO, INC. is not responsible for any incorrect or inaccurate Materials or Content posted on the Sites, whether caused by users of the Sites or by any of the equipment or programming associated with or utilized in the Sites. PET TOMATO, INC. is not responsible for the conduct, whether online or offline, of any users of the Sites. PET TOMATO, INC. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. PET TOMATO, INC. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Sites. Under no circumstances will PET TOMATO, INC. be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Sites, any Materials or Content posted on the Sites or transmitted to members, or any interactions between users of the Sites, whether online or offline. PET TOMATO, INC. cannot guarantee and does not promise any specific results from use of the Sites.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER PET TOMATO, INC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF PET TOMATO, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.