TERMS OF USE
PetTomato.com and its affiliated online interactive sites and services, including games and activities accessible through these sites (collectively, the "Sites") are operated by PET TOMATO, INC. By using the Sites, you signify your agreement with the following terms and conditions of use (the "Terms of Use"). Please read these Terms of Use carefully before using the Sites. These Terms of Use constitute a legally binding agreement between you and Pet Tomato, Inc. If you do not agree with the Terms of Use or any part thereof, do not use the Sites, which are designed solely for your entertainment purposes. If you are under 18 years of age, be sure to get your parent or legal guardian to review and discuss these Terms of Use with you. Think of these Terms of Use as a rulebook for your behavior while using the Sites. IF YOU VIOLATE THESE TERMS OF USE, PET TOMATO, INC. RESERVES THE RIGHT TO BLOCK YOUR FUTURE ACCESS TO THE SITES OR TAKE OTHER APPROPRIATE ACTION. IN THE EVENT WE BLOCK YOUR ACCESS TO THE SITES, YOU MAY LOSE ACCESS TO CHARACTERS, ITEMS, OR OTHER DATA STORED ON THE SITES, WHICH, IN ANY EVENT ARE PET TOMATO, INC.'S PROPERTY. PET TOMATO, INC. support staff has final say over what constitutes a violation of these rules.
PET TOMATO, INC. reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use when we deem appropriate and in the best interest of the smooth operation and enjoyment of the Sites. Changes and/or modifications shall become effective ten (10) days after posting on the Sites ("Effective Change Date"). These Terms of Use cannot be changed orally. Please review these Terms of Use periodically. Your continued use of the Sites following the Effective Change Date of changes and/or modifications will constitute your acceptance of those Terms of Use. We also reserve the right to suspend or end operations or access to any of the Sites, or portions of Sites, when we deem it necessary. IN THE EVENT SUCH OPERATIONS ARE SUSPENDED OR ENDED, YOU MAY LOSE ACCESS TO CHARACTERS, ITEMS, OR OTHER DATA STORED ON THE SITES, WHICH, IN ANY EVENT ARE PET TOMATO, INC.'S PROPERTY.
The Terms of Use will remain in full force and effect as long as you use, access, interact with, view, transmit, receive or communicate with the Sites or in any way utilize the services or features of the Sites. In the event of termination of use, membership, service or feature, the Terms of Use as modified will remain in effect.
Eligibility/Registration. Access to and use of certain features or functions of the Sites may only be available to those individuals eighteen years of age or older, or other ages as PET TOMATO, INC. deems appropriate for a particular feature or function in its discretion. If you are eighteen years of age or older, by using the Sites, you represent and warrant that you have the right, authority, and legal capacity to abide by all of the terms and conditions of these Terms of Use and to enter into this agreement with PET TOMATO, INC.. If you are under 18 years of age, be sure to have your parent(s) or legal guardian(s) review and discuss these Terms of Use with you so that you fully understand them prior to using the Sites. If you do not fully understand or do not agree to the Terms of Use, or any part thereof, do not use the Sites, which are designed solely for your entertainment purposes. We may require users to register and establish a membership profile for access to and use of certain features or functions of the Sites. You agree to provide true, accurate, current and complete information about yourself as requested in any registration process. Registered members are responsible for all uses of their account and for ensuring that all uses of their account comply fully with the provisions of these Terms of Use. If you are under 18 years of age, you understand that you can not later void this agreement with PET TOMATO, INC. as a minor without losing access to your account and the Sites and your parents being held responsible for any obligations you have incurred while enjoying the benefits of access to the features and functions of the Sites as if you were an adult.
Personal, Non-Commercial Use by users. The Sites are for the personal use of individual Internet users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and/or businesses may not become registered members and should not use the Sites for any purpose. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your enjoyment and use of the Sites and all features and activities available on the Sites, your receipt of data, materials and information available at or through the Sites, and the possibility of our review, use or display of Content (as defined below in section 4).
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.
PET TOMATO, INC. may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of PET TOMATO, INC. violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.
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;
engages in commercial activities and/or sales without PET TOMATO, INC.'S Prior Written Consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, PET TOMATO, INC.'S Prior Written Consent means a communication coming from PET TOMATO, INC.'S legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
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
refers to any website or URL that, in the sole discretion of PET TOMATO, INC., contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.
PET TOMATO, INC. reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms of Use, including without limitation, removing the offending communication in whole or in part from the Sites, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Sites. PET TOMATO, INC. DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL AND CONTENT ON THE SITES WILL NOT OFFEND YOU.
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 may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms of Use to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. In order to protect our users from such advertising or solicitation, PET TOMATO, INC. reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which PET TOMATO, INC. deems appropriate in its sole discretion.
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.
PET TOMATO, INC. reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. PET TOMATO, INC. shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding these rights of PET TOMATO, INC., YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of PET TOMATO, INC. In no event shall PET TOMATO, INC. assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
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.
Limitation on Liability. The Sites have been created for entertainment purposes only. YOUR USE AND BROWSING OF THE SITES IS AT YOUR OWN RISK. If you are dissatisfied with any of the Materials or Content contained in the Sites, or with and of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Sites.
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.
Applicable Law; Disputes. THESE TERMS OF USE AND YOUR RELATIONSHIP TO THE SITES IS SUBJECT TO OREGON LAW. Unless otherwise specified, the materials in the Sites are presented solely for the purpose of entertainment and promoting programs, events, products, and services available in the United States. The Sites are controlled and operated by PET TOMATO, INC. from its offices within the State of Oregon. Residents outside of the United States understand and consent that the data submitted on the Sites will be transmitted to and processed within the United States. PET TOMATO, INC. makes no representation that Materials and Content on the Sites are appropriate or available for use in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use, and any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, Materials or Content, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Oregon, without giving effect to its choice of law or conflict of law provisions. You agree that the state and federal courts sitting in Portland, Oregon shall be the exclusive forum and situs for the resolution of any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, Materials or Content, and that any such disputes, issues, controversies or matters shall be resolved individually, without resort to any form of class action. You hereby consent to personal jurisdiction and venue in Portland, Oregon and service of process by certified mail. If any part of this Paragraph is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Terms of Use, and the remaining portions shall remain in full force and effect.
Indemnification. You agree to indemnify, defend and hold harmless, PET TOMATO, INC., it's affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. PET TOMATO, INC. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with PET TOMATO, INC. in asserting any available defenses.
Other. These Terms of Use, accepted upon use of the Sites and further affirmed by becoming a registered member or submitting Content to the Sites, contain the entire agreement between you and PET TOMATO, INC. regarding the use of the Sites and supersede all prior understandings related to the Sites. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining portions shall remain in full force and effect.
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.
These Terms of Use were last updated and posted on this Site on May 21, 2010.