User Content Defined. "User Content" means any and all content, materials, and information that you upload, submit, transmit, post, store, or otherwise make available through the Site or the Services, including without limitation Photos, images, graphics, text, data, comments, instructions, and metadata, whether in connection with ordering Printed Products or otherwise.
Ownership of User Content. As between you and Paw Prints, you retain all ownership
rights (if any) in and to your User Content, subject to the rights and licenses expressly
granted to Paw Prints in these Terms of Use. Paw Prints does not claim ownership of your User Content solely by virtue of your uploading or submitting such content through the Site.
User Representations and Warranties Regarding Ownership and Rights. You represent, warrant, and covenant to Paw Prints that:
You are the sole and exclusive owner of, or you otherwise have obtained from the
rightful owner all necessary rights, licenses, permissions, and consents to:
Upload, submit, transmit, store, and use the User Content through the Site and
the Services; and
Grant to Paw Prints the rights and licenses specified in these Terms of Use;
The User Content, and Paw Prints' use thereof in accordance with these Terms of
Use, does not and will not infringe, misappropriate, or violate any copyright, moral right, trademark, trade secret, right of privacy or publicity, or other intellectual
property or proprietary right of any third party;
3. You have obtained and paid for all necessary model releases, property releases,
location releases, consents, permissions, and clearances from any and all persons and entities whose name, likeness, image, appearance, property, or other identifying
features are depicted or otherwise referenced in the User Content, to the extent
required by applicable law for Paw Prints to use the User Content to provide the
Services and produce Printed Products;
4. The User Content does not contain any personally identifiable information of any
minor unless you are the parent or legal guardian of such minor or otherwise have
full legal authority, under applicable law, to provide such information and to consent to its use as contemplated by these Terms of Use; and
5. The User Content complies in all respects with these Terms of Use, including the
Acceptable Use and Prohibited Content provisions set forth herein, and with all
applicable federal, state, and local laws, rules, and regulations.
Grant of License to Paw Prints. By uploading, submitting, transmitting, storing, or otherwise making available any User Content on or through the Site or the Services, you hereby grant to Paw Prints, and its employees, agents, contractors, service providers, and subcontractors, a non-exclusive, worldwide, royalty-free, fully paid-up, transferable and
sublicensable (solely to the extent necessary to provide the Services), license to:
Host, store, cache, reproduce, modify (solely for technical and formatting purposes),
adapt, translate, process, and otherwise use such User Content as necessary to:
Provide, operate, maintain, and improve the Site and the Services;
Fulfill your orders for Printed Products and related services;
Provide customer service and technical support; and
Comply with applicable law and valid legal process; and
Display such User Content only:
To you through your Account or as otherwise directed by you for purposes of
using the Services; and
Internally within Paw Prints to the limited extent reasonably necessary for the
operations described above.
Scope and Duration of License. The license granted in this Section is limited to the purposes set forth above. Paw Prints will not sell your User Content to third parties or use your User Content in public marketing materials or promotions without your express consent in a separate writing. Subject to Paw Prints' rights to retain copies as reasonably necessary for backup, archival, audit, legal, or dispute resolution purposes, the license shall terminate with respect to User Content when:
You delete the User Content from your Account (to the extent technically feasible);
or
Your Account is closed and all User Content is deleted (to the extent technically feasible), except as otherwise required or permitted by law.
No Obligation to Retain User Content. Paw Prints does not undertake to retain any User Content for any particular period of time and does not guarantee that you will be able to retrieve any User Content previously uploaded. You are solely responsible for maintaining backup copies of your User Content.
Prohibited Content; Graphic, Malicious, and Unlawful Material General Prohibition on Unlawful Content. You may use the Site and the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to upload, submit, transmit, store, or otherwise provide any User Content, including Photos, that violates any applicable federal, state (including, without limitation, Kentucky), or local law, rule, or regulation.
Prohibited Content Categories. Without limiting the generality of the foregoing, you
agree that you will not upload, submit, transmit, store, or otherwise provide any User Content that:
Infringes Intellectual Property or Proprietary Rights.
Infringes, misappropriates, or violates any copyright, trademark, trade secret,
design right, patent, moral right, right of privacy or publicity, or any other intellectual or proprietary right of any person or entity;
Uses, without permission, any third-party photographs, images, logos, artwork, or designs, including images downloaded from the internet, scans of books or magazines, or any other copyrighted materials for which you do not hold the necessary rights;
Obscene, Pornographic, or Sexually Explicit Content.
Is obscene under applicable federal law or Kentucky law, including content
that meets or is likely to meet the legal definition of obscenity under the
prevailing community standards;
Is obscene under applicable federal law or Kentucky law, including content
that meets or is likely to meet the legal definition of obscenity under the
prevailing community standards;
Contains pornographic, sexually explicit, or lewd images, including but not limited to explicit nudity, sexual acts, or sexual fetish content;
Depicts nudity or sexual content involving any person who is under the age of eighteen (18) or who appears to be under the age of eighteen (18), or any content that may be deemed child sexual abuse or exploitation material, or that is otherwise prohibited under federal or Kentucky law;
Violent, Graphic, or Gory Content.
Depicts graphic or gratuitous violence, physical injury, or death in a manner
that is shocking, gory, or intended to disgust, offend, or terrorize;
Depicts or glorifies self-harm, suicide, torture, or extreme cruelty to humans or animals;
Hate, Harassment, and Discrimination.
Is defamatory, libelous, or slanderous under applicable law, including
Kentucky law;
Harasses, threatens, stalks, bullies, intimidates, or abuses any person or group of persons;
Promotes or incites hatred, discrimination, or violence against any individual or group based on race, color, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, or any other protected class under applicable law;
Malicious, Fraudulent, or Deceptive Content.
Is fraudulent, deceptive, or misleading, including through the use of altered or
fabricated images in a manner intended to deceive;
Impersonates any person or entity or misrepresents your identity or affiliation with any person or entity;
Promotes, depicts, or facilitates any illegal activity, including the manufacture or distribution of illegal drugs, unlawful weapons, or other contraband;
Harmful or Malicious Code.
Contains or transmits any virus, worm, Trojan horse, time bomb, spyware,
malware, or other harmful or malicious code, file, script, or program designed
to interrupt, destroy, damage, or limit the functionality of any computer
software or hardware or telecommunications equipment;
Invasion of Privacy or Publicity.
Violates any person's right of privacy or publicity, including the unauthorized use of a person's name, likeness, image, voice, or other identifying characteristics, where required consents or releases have not been obtained;
Discloses personally identifiable information or other confidential or sensitive information of any person without proper authorization;
Other Prohibited Content.
Is otherwise offensive, abusive, or harmful in Paw Prints' sole judgment;
Is reasonably likely to expose Paw Prints or any of its officers, directors,
employees, agents, or affiliates to civil or criminal liability under applicable
law.
Compliance With Federal and Kentucky Law. The foregoing prohibitions are intended
to reflect and support compliance with applicable United States federal law and the laws of the Commonwealth of Kentucky, including without limitation:
Federal criminal statutes relating to child sexual exploitation and abuse images,
obscene materials, and related offenses;
Kentucky criminal and civil law relating to harassment, terroristic threatening,
defamation, obscenity, and other content-based offenses; and
Applicable common law torts, including defamation, invasion of privacy, and
intentional infliction of emotional distress.
Reporting and Cooperation With Authorities. Paw Prints reserves the right, in its sole
discretion and to the extent permitted or required by law, to:
Report any suspected violation of law, including suspected child sexual exploitation material or other criminal content, to law enforcement authorities, the National Center for Missing and Exploited Children, or other appropriate governmental or non-governmental entities; and
Cooperate fully with any investigation by law enforcement or regulatory authorities, including by disclosing User Content, Account information, IP addresses, and other information, subject to applicable law.
Acceptable Use; Prohibited Conduct
Lawful Use Only. You may use the Site and the Services only for lawful purposes and in
accordance with these Terms of Use. In addition to the Prohibited Content restrictions above, you agree not to:
Use the Site or the Services in any manner that violates any applicable federal, state, local, or international law or regulation;
Use the Site or the Services to promote or assist in any unlawful activity.
Prohibited Conduct. Without limiting the foregoing, you agree that you will not:
Use the Site or the Services in any manner that could disable, overburden, damage, or impair the Site or the Services, or interfere with any other party's use of the Site or the Services;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the Services, any server on which the Site is stored, or any server, computer, or database connected to the Site;
Use any robot, spider, crawler, scraper, or other automated device, process, or
means to access the Site for any purpose, including monitoring or copying any of the material on the Site, without Paw Prints' prior written consent;
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Paw Prints' prior written consent;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to interfere with the proper working of the Site or the Services in any way, including through denial-of-service attacks or similar activity;
Use the Site or the Services for any commercial purpose without Paw Prints' prior written consent, other than purchasing Printed Products for your own use or as gifts;
Harvest, collect, or attempt to harvest or collect the personal information, User
Content, or data of any other users without their consent;
Impersonate or attempt to impersonate Paw Prints, a Paw Prints employee, another user, or any other person or entity, including by using email addresses, usernames, or account credentials associated with any of the foregoing; or
Encourage or enable any other individual to engage in any of the foregoing activities.
Monitoring, Enforcement, and Removal of Content
Right to Monitor. Paw Prints reserves the right, but does not undertake any obligation,
to:
Monitor the Site and the Services, including User Content and your use of the Site and the Services, for any reason, including to determine compliance with these Terms of Use and any applicable law; and
Investigate suspected violations of these Terms of Use or applicable law.
Enforcement Actions. Without limiting any other rights or remedies available to Paw
Prints at law or in equity, Paw Prints may, in its sole discretion and at any time, with or
without notice, take any of the following actions:
Remove, delete, or refuse to display any User Content (including Photos) for any or no reason, including if such content, in Paw Prints' sole judgment, violates these
Terms of Use or is otherwise objectionable;
Suspend or terminate your Account or your access to all or any part of the Site or the Services;
Report any suspected illegal activity or Prohibited Content to law enforcement or
other appropriate authorities and cooperate with such authorities, including by disclosing any relevant information;
Take appropriate legal action, including without limitation referral to law
enforcement, for any illegal or unauthorized use of the Site or the Services; and
Disable or otherwise restrict access to your User Content.
No Duty to Monitor. You acknowledge that Paw Prints does not and cannot review all
User Content and is under no obligation to monitor, prescreen, or edit any User Content. You further acknowledge that Paw Prints is not responsible or liable for any User Content and does not endorse any User Content. Your use of any User Content is at your own risk.
Orders, Pricing, and Fulfillment
Placing Orders. By placing an order for Printed Products or any other products or
services through the Site, you make an offer to purchase the items specified in the order,
subject to these Terms of Use and any additional terms presented at checkout.
Acceptance of Orders. Paw Prints reserves the right, in its sole discretion, to accept or
reject any order, in whole or in part, for any reason or no reason, including, without
limitation:
If the order appears to involve Prohibited Content or Prohibited Conduct;
If the order cannot be fulfilled due to technical or production constraints; or
If there are errors in pricing or product descriptions.
Pricing and Payment. All prices and fees are subject to change without notice. You
agree to pay all charges incurred by you or on your behalf through the Site, at the prices
in effect when such charges are incurred, including all applicable taxes, shipping, and
handling. You authorize Paw Prints or its designated payment processor to charge your chosen payment method for all such charges.
Production and Delivery. Production times and delivery estimates are approximate and
are not guaranteed. Paw Prints is not responsible for delays caused by shipping carriers, acts of God, or other events beyond its reasonable control.
Quality; Reprints. Paw Prints endeavors to provide high-quality Printed Products but
does not guarantee that Printed Products will exactly match the colors, appearance, or
resolution of the Photos as displayed on your device, due to variations in screen settings,
printing processes, and materials. Paw Prints' sole obligation in the event of any material defect in a Printed Product, as determined by Paw Prints in its reasonable discretion, shall be, at its option, to:
Reprint and replace the defective Printed Product; or
Refund the purchase price of the defective Printed Product.
Returns and Refunds. Returns and refunds, if any, shall be handled in accordance with
Paw Prints' then-current return and refund policies, which may be posted on the Site or
otherwise communicated to you.
Copyright Infringement; DMCA Notice
Respect for Copyright. Paw Prints respects the intellectual property rights of others and
expects Users to do the same. You agree not to upload or submit any User Content that
infringes the copyrights or other intellectual property rights of any third party.
DMCA Notification. If you believe that any content on the Site or within the Services
infringes your copyright, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing Paw Prints' designated agent (the
"Copyright Agent") with a written notice that includes the following information:
A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Paw Prints to locate the material (for example, the URL or specific location within the Site where the material may be found);
Information reasonably sufficient to permit Paw Prints to contact you, such as an address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that the use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent Contact. The contact information for Paw Prints' Copyright Agent is Clark Case, Attorney with Case Law Group, LLC, 1588 Leestown Road, Suite 130-267, Lexington, KY 40511, Phone: (859) 619-5163, Email: clark@caselawgroup.com. You
acknowledge that, if you fail to comply with all of the requirements of this Section, your
DMCA notice may not be valid.
Counter-Notification. If you believe that material you posted on the Site was removed
or disabled as a result of mistake or misidentification, you may submit a counter-
notification to the Copyright Agent containing:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that you have a good faith belief that the
material was removed or disabled as a result of mistake or misidentification; and
Your name, address, telephone number, and a statement that you consent to the
jurisdiction of the federal district court in the judicial district in which your address
is located, or, if your address is outside the United States, for any judicial district in which Paw Prints may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
User Indemnification
Indemnity Obligation. You agree to indemnify, defend, and hold harmless Paw Prints, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Paw Prints Parties") from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) (collectively, "Claims") arising out of or relating to:
Your access to or use of the Site or the Services;
Your User Content, including without limitation any allegation that the User
Content infringes, misappropriates, or violates any intellectual property right, right of privacy or publicity, or other right of any third party;
Your violation of these Terms of Use or any applicable law, rule, or regulation;
Your violation of the rights of any third party; or
Any other act or omission by you.
Defense and Cooperation. Paw Prints reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with Paw Prints in the defense of such matter.
Disclaimer of Warranties
As-Is Basis. The Site, the Services, the Paw Prints Content, and all Printed Products are
provided on an "as is" and "as available" basis, without any warranties of any kind, either express, implied, or statutory.
No Warranties. To the fullest extent permitted by law, Paw Prints disclaims all
warranties, express, implied, or statutory, including, without limitation, any implied
warranties of merchantability, fitness for a particular purpose, title, non-infringement,
quiet enjoyment, and any warranties arising out of course of dealing, course of
performance, or usage of trade.
No Guarantee of Security, Accuracy, or Availability. Without limiting the foregoing,
Paw Prints does not warrant that:
The Site or the Services will be uninterrupted, timely, secure, or error-free;
Any defects or errors in the Site or the Services will be corrected;
Any content or information obtained through the Site or the Services will be
accurate, reliable, or complete; or
The Site or the Services, or any servers that make them available, are free of viruses or other harmful components.
User Responsibility. You understand and agree that you use the Site, the Services, and any Printed Products at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from such use.
Limitation of Liability
Exclusion of Certain Damages. To the fullest extent permitted by applicable law, in no
event shall any of the Paw Prints Parties be liable to you or any third party for any
indirect, incidental, consequential, special, exemplary, or punitive damages, or for any
loss of profits, revenue, goodwill, data, or other intangible losses, whether based on
warranty, contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not any Paw Prints Party has been advised of the possibility of such damages, arising out of or relating to:
Your access to or use of, or inability to access or use, the Site or the Services;
Any conduct or content of any user or third party;
Any content obtained from the Site or the Services; or
Any unauthorized access to, use of, or alteration of your transmissions or data,
including User Content.
Cap on Direct Damages. To the fullest extent permitted by applicable law, the total
aggregate liability of the Paw Prints Parties for any and all Claims arising out of or
relating to these Terms of Use or the use of or inability to use the Site, the Services, or
any Printed Products shall not exceed, in the aggregate:
The total amount paid by you to Paw Prints for the Printed Products or Services giving rise to the Claim during the twelve (12) month period immediately preceding the event giving rise to such Claim; or
If no such payments have been made, one hundred United States dollars (US $100).
Jurisdictional Limitations. Some jurisdictions do not allow the exclusion or limitation
of certain damages or implied warranties, so some of the above exclusions and limitations may not apply to you. In such jurisdictions, the liability of the Paw Prints Parties shall be limited to the greatest extent permitted by law.
Choice of Law; Venue; Jurisdiction
Governing Law. This Agreement, and any dispute, claim, or controversy arising out of
or relating to this Agreement, the Site, the Services, any User Content, or any Printed
Products (collectively, "Disputes"), shall be governed by, construed, and enforced in
accordance with the laws of the Commonwealth of Kentucky, without giving effect to any choice or conflict of law provision or rule (whether of Kentucky or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Kentucky.
Venue and Jurisdiction. You and Paw Prints irrevocably agree that any and all Disputes
shall be instituted and maintained exclusively in the state courts of the Commonwealth of
Kentucky located in Woodford County, Kentucky. You and Paw Prints each irrevocably submit to the exclusive jurisdiction and venue of such court in any such Dispute. You and Paw Prints hereby waive any objection to the laying of venue of any such proceeding in such court and any claim that such proceeding has been brought in an inconvenient forum.
Waiver of Other Forums. You and Paw Prints agree that you will not commence or
prosecute any action or proceeding arising out of or relating to any Dispute in any forum
other than the state courts of the Commonwealth of Kentucky located in Woodford County, Kentucky.
Time Limit for Bringing Claims
Limitation Period. To the fullest extent permitted by applicable law, you agree that any cause of action or claim you may have arising out of or relating to any Dispute must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Termination
By You. You may stop using the Site and the Services at any time. You may also request
closure of your Account by contacting Paw Prints and following any instructions
provided.
By Paw Prints. Paw Prints may, in its sole discretion, suspend or terminate your Account
or your access to the Site or the Services, with or without notice, for any reason or no
reason, including if Paw Prints believes that you have violated these Terms of Use or
applicable law.
Effect of Termination. Upon any termination of your Account or this Agreement:
Your right to access and use the Site and the Services will immediately cease;
Paw Prints may, but is not obligated to, delete or deactivate your Account and all
related information and files in your Account, including User Content, subject to Paw Prints' rights to retain copies as reasonably necessary for backup, archival, audit, legal, or dispute resolution purposes or as otherwise required by law; and
Sections of these Terms of Use that by their nature should survive termination shall survive termination, including without limitation Sections relating to User Content license (to the extent required for retained copies), prohibited content, indemnification, limitation of liability, choice of law and venue, and miscellaneous provisions.
Notices and Communications
Notices from Paw Prints. You agree that all notices provided electronically satisfy any
legal requirement that such communications be in writing. Paw Prints may provide you
with notices, including those regarding changes to these Terms of Use, by:
Posting such notices on the Site;
Sending an email to the email address associated with your Account; or
Any other reasonable means.
Notices to Paw Prints. Unless otherwise specified in these Terms of Use, notices to Paw Prints will be deemed given when received by Paw Prints and must be sent to: PawPrints LLC, 524 Raven Road, Versailles, Kentucky 40383.
Miscellaneous
Entire Agreement. These Terms of Use, together with any Additional Policies expressly incorporated by reference, constitute the entire agreement between you and Paw Prints with respect to the subject matter hereof, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.
Severability. If any provision of these Terms of Use is held by a court 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 these Terms of Use will continue in full force and effect.
No Waiver. No waiver by Paw Prints of any term or condition set forth 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 Paw Prints to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Assignment. You may not assign, transfer, or delegate any of your rights or obligations
under these Terms of Use without prior written consent of Paw Prints, and any purported assignment, transfer, or delegation without such consent shall be null and void. Paw Prints may assign, transfer, or delegate any of its rights or obligations under these Terms of Use without restriction and without notice to you.
Relationship of the Parties. Nothing in these Terms of Use shall be construed to create
any partnership, joint venture, employer-employee, agency, or franchise relationship
between you and Paw Prints. You and Paw Prints are independent contractors.
Third-Party Beneficiaries. Except as expressly provided herein with respect to the Paw Prints Parties, there are no intended third-party beneficiaries of these Terms of Use, and these Terms of Use are for the sole benefit of you and Paw Prints.
Headings. The headings in these Terms of Use are for convenience only and shall not
affect the interpretation of these Terms of Use.
Interpretation. As used in these Terms of Use, the words "including", "includes", and
"include" are deemed to be followed by the words "without limitation".
Language. These Terms of Use are drafted in the English language. If these Terms of
Use are translated into another language, the English language version shall prevail to the
extent of any inconsistency.