Friends of the Palo Alto Animal Shelter

Terms of Use

Last Updated: July 17, 2013

Welcome, and thank you for your interest in Friends of the Palo Alto Animal Shelter (“we,” “us,” or “FoPAAS”) and our web site at www.pafriends.org (the “Site”) as well as all related web sites, networks, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the Site, our “Service”).  We are a volunteer-led nonprofit organization committed to ensuring the future of Palo Alto’s Animal Services department. Our Service is an on-line community of people who care about animals, and want to share stories or learn more about animal care, or the Palo Alto Animal Services programs.

BY ACCESSING THE SERVICE, OR CLICKING “I ACCEPT,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY  , which is incorporated herein by reference (COLLECTIVELY, THESE “TERMS”). Please read the FoPAAS Shelter Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. If you are not eligible, or do not agree to these Terms, then please do not access or otherwise use the Service.

  1. Eligibility. You must be at least thirteen (13) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age; (ii) that you are accessing the Service from within the United States; (iii) that you have not previously been suspended or removed from the Service; and (iv) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
  2. Accounts and Registration. To access certain features of the Service, you may be required to register for an account. When you register for an account, you may be asked to provide us with some information about yourself (such as your e-mail address, phone number, mailing address, or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@pafriends.org.
  3. Payment. Through the Service, you may have the opportunity to join FoPAAS as a member of our organization, in which case you may be required to pay membership fees. Before you are required to pay any fees or donation amounts, you will have an opportunity to review and accept the applicable fees that you will be charged.  All fees are in U.S. Dollars and are non-refundable. We may change the fees for FoPAAS membership on a going-forward basis at any time. You may also have the opportunity to make donations to FoPAAS. All membership fees or donation amounts will be processed through PayPal, and subject to PayPal’s terms.  PayPal’s site and service are not under our control and FoPAAS is not responsible for the content of PayPal’s site, or for processing any payments.
  4. User Content. Certain features of the Service permit users to post content, such as messages, photos, videos, images, and other types of works (collectively, “User Content”). You retain all copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
  5. 4.1 Guidelines.  We encourage you to participate and share with our community, and in keeping with the spirit of the Service, we ask that you abide by the following guidelines.

    You may NOT:

    • use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
    • violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
    • post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate (please avoid generally off topic material);
    • interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
    • interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
    • perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
    • sell or otherwise transfer the access granted herein or any Materials or any right or ability to view, access, or use any Materials; or
    • make personal attacks or explicitly criticize individuals or other humane organizations.

    If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. FoPAAS does not permit copyright-infringing activities on the Service.

    4.2 Limited License Grant to Friends of the Palo Alto Animal Shelter. By posting or publishing User Content, you grant FoPAAS a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed), including but not limited to social media services such as Facebook and Twitter.  Any such use of your User Content by us may be without any compensation paid to you.

    4.3 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you represent and warrant that:

    • you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 4 and in the manner contemplated by us and these Terms; and
    • your User Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel  any third-party.

    4.4 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when accessing the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to User Content. We expressly disclaim any and all liability in connection with User Content.

    4.5 Reporting Concerns. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you believe any content posted by others is infringing or otherwise objectionable, please notify us at support@pafriends.org. When we are notified that any content on the Services allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. We will promptly terminate without notice the accounts of users that are determined by us to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.

  6. Third-Party Services and Linked Websites. We may provide tools through the Services that enable you to export information, including User Content, to third party services through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Services may also contain links to third-party websites, such as sites with news stories or advice relating to animals. Such linked websites are not under our control, and we are not responsible for their content.
  7. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, FoPAAS, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@pafriends.org.
  8. Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make commercially reasonable efforts to notify you of such change. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
  9. Ownership; Proprietary Rights. The Service is owned and operated by FoPAAS.  The visual interfaces, graphics, design, compilation, trademarks, service marks, photographs, video, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) we provide are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of FoPAAS or our third-party licensors. Except as expressly authorized by FoPAAS, you may not make use of the Materials. FoPAAS reserves all rights to the Materials not granted expressly in these Terms.
  10. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless FoPAAS and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “FoPAAS Entities“) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
  11. Disclaimers; No Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOPAAS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE FOPAAS ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

    NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE FoPAAS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.

    SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  12. Limitation of Liability. IN NO EVENT WILL THE FOPAAS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE FOPAAS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  YOU AGREE THAT THE AGGREGATE LIABILITY OF THE FOPAAS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO FOPAAS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, 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 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  13. Governing Law. These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. You and FoPAAS agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all disputes.
  14. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and FoPAAS regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 4 through 14.
  15. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  16. Contact Information. The services hereunder are offered by Friends of the Palo Alto Animal Shelter, located at 3072 Waverley St.  Palo Alto, CA 94306. You may contact us by sending correspondence to the foregoing address or by emailing us at support@pafriends.org. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.