Effective Date: September 14, 2018
ACCEPTANCE AND SCOPE OF TERMS
As used in this Agreement, the words “you” and “your” refer to any person accessing the APP Website. The words “we,” “us,” and “our” refer to APP.
MODIFICATIONS TO THE AGREEMENTS
APP reserves the right, at any time, to modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. You agree that APP shall not be liable to you or to any third party for any unavailability, modification, suspension or discontinuance of the Website, or of any Materials (as defined below).
If you have any questions about this Agreement, or otherwise desire to contact APP, please direct your communication to:
Allure Pet Products LLC
321 Palmer Rd
Denville, NJ 07834
LICENSE TO USE WEBSITE
As long as you are in compliance with the terms of this Agreement and all associated documents incorporated herein, APP hereby grants you a limited, revocable, non-assignable, non-sublicensable, non-exclusive license to access and use the Website via an ordinary Internet browser, and to view the Website and all content and Materials thereon that are intended to be displayed publicly. Any violation of the terms or conditions of this Agreement is grounds for immediate termination of this limited license, which APP, in our sole discretion and without prior notice or liability, may terminate at any time. No other rights are granted, implied or otherwise. You agree that this license is extended only to the extent that your activity is legal and does not violate any international, federal, state or local law or regulation)
The following additional terms are hereby incorporated into this Agreement by reference, and your assent to this Agreement binds you to all of the additional terms in the following documents:
1. Copyright Policy;
2. Complaint Policy, including trademark complaints;
4. Retailer’s Terms and Conditions
OWNERSHIP OF WEBSITE CONTENT & INTELLECTUAL PROPERTY
The content, functions, features, services, information and materials on the Website, including but not limited to text, data, audio, video, images, photographs, graphics, documents, summaries, descriptions, forums, message boards, user profiles, professional summaries, articles, publications, news, surveys, seminars, information regarding APP members, tutorials, icons and any other information or material appearing on or otherwise accessible through the Website (the “Materials”), together with the selection and arrangement of such Materials, are the property of APP, our affiliates, or our content suppliers, and are protected by copyright, trademark, patent and/or other intellectual property laws of the United States and other jurisdictions.
The Materials, the Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You recognize that while some of the Materials available on the Website may be compiled from publicly available sources, the compilation of such materials represents protectable effort and expression exerted by APP, and you agree not to contest same.
The trademarks, service marks, logos and any designs used or displayed on the Website specific to APP are registered and unregistered trademarks and/or service marks owned by APP. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website not owned by APP are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, affiliation, approval, sponsorship or other such relationship of any kind with such third party.
The removal of any trademark, copyright, or other rights notice which appears on the Website is strictly prohibited. Further, except as expressly permitted herein, any use, reproduction, duplication, publication, display, copying, sale, modification, exploitation, or other use of the Materials, copyrighted works, trademarks or service marks, or other portion of the Website, in whole or in part, is strictly prohibited without the prior express written consent of APP.
APP is a provider of pet products. This site should not be viewed as a source of information on how to use Pet Toys or other pet products. Each pet product carries its own warnings and a pet owner should adhere to those warnings. While APP products are designed to deliver high fashion in a durable toy, no product is guaranteed to be 100% safe for every pet. As such, you should never allow the pet to play unsupervised. And pet products are not guaranteed to have a life expectancy that matches your pet’s. Be careful and frequently inspect the products before allowing your pet to use them..
USER GENERATED CONTENT & USE OF WEBSITE SERVICES
The Website may include information and materials generated by third parties not affiliated with APP. The Website may contain bulletin board services, comment sections, chat areas, news groups, forums, communities, personal web pages, calendars, message or communication facilities, and/or other features or functions in connection with which you may submit, upload, transmit, publish, share, post, distribute or otherwise make available certain information, content and materials to the APP, the Website, other users and/or the public at large (collectively, “Communication Services”). Any information, content or other material you submit, upload, transmit, publish, share, post, distribute or otherwise make available on the Website, whether in connection with the Communication Services or otherwise, including without limitation any text, audio, video, images, graphics, documents, artwork, designs, ideas, concepts, techniques, communications and any other content shall be regarded as a “Submission” (collectively the “Submissions).
You are under no obligation to submit, upload, transmit, publish, share, post, distribute or otherwise make any information, content or other materials available on the Website, whether in connection with the Communication Services or otherwise. However, by submitting, uploading, transmitting, publishing, sharing, posting, distributing or otherwise making available any Submission or other content on the Website, whether in connection with the Communication Services or otherwise, you hereby grant APP a worldwide, fully paid, royalty-free, nonexclusive, unrestricted, unlimited, assignable, sub-licensable, perpetual, irrevocable license to APP to use, copy, license, sublicense, retain, distribute, reproduce, modify, edit, adapt, improve, create derivative works from, publish, remove, delete, translate, publicly perform, publicly display, commercialize, or otherwise exploit such Submission or the content, in whole or in part, in any media, way or manner now known or in the future discovered or developed, and to incorporate such Submission or content into other works in any format or medium now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any person or entity, without further consent, and without any notice or liability to you or to any third party whatsoever. You further expressly permit, license, and assent to APP’s right to register, 7997327v.1 deposit, or otherwise record any modification or derivative work created by APP from the Submission or content with any foreign or domestic registrations body, including but not limited to the United States Copyright Office or the United States Patent and Trademark Office. You further hereby expressly and irrevocably waive all moral rights, proprietary rights, rights of privacy and publicity, and rights of attribution in connection with the Submission or content, in favor of APP and any of its successors or assigns.
You agree not to submit, upload, transmit, publish, share, post, distribute, or otherwise make available through the Website or any service thereon, any Submission or other content that, in whole or in part: (a) contains a virus, corrupt file, or any other similar software of programs which may damage the operation of another’s computer; is unlawful or encouraging of another to commit unlawful activity; (b) is violative of the rights of any party, infringing upon the patent, trademark, trade secret, copyright, or other intellectual or proprietary property right of any party; (c) is defamatory, libelous, obscene, pornographic, indecent, lewd, inappropriate, invasive of privacy or publicity rights, abusing, threatening, harassing, threatening, or otherwise objectionable; (d) constitutes advertisements or offers to sell or buy goods or services of any kind, unless authorized by APP; (e) contains a survey, contest, pyramid scheme or chain letter; (f) may restrict or inhibit any other user from using the Communication Services; or (g) violates any rules of conduct which may be applicable to a particular Communication Service.
By submitting, uploading, transmitting, publishing, sharing, posting, distributing or otherwise making available any Submission or other content to the Website, you hereby explicitly agree, represent and warrant that: (a) you are the owner or rights holder of the Submission or content (b) all such Submissions and content are true and accurate and do not contain confidential or proprietary information; (c) your provision of the Submission or content is not a violation of any law or contractual or legal right of any party (including any intellectual property rights); (d) your Submission or content automatically becomes the property of APP without any obligation of APP to you; (e) APP is not under any obligation of confidentiality relating to the Submissions or content, either express or implied; (f) APP shall be entitled to use or disclose the Submission or content in any way, manner, purpose or otherwise, worldwide; (g) APP may have under consideration or development similar ideas to the Submission or content; (h) you are not entitled to any compensation or reimbursement of any kind from APP in exchange for the Submission or content; and (i) you are at least eighteen (18) years of age. You further agree to inform APP should any Submissions or content change since its provision to APP and/or your becoming a Website Member, and, if appropriate, you agree to make such modifications yourself to your profile. If you are accessing the Website on behalf of a third party (whether an individual or an entity), you represent that you have the authority to bind that third party as a principal to all of the terms of this Agreement and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use.
You must provide true and accurate information at all times in any content, Submission, or other information that you provide, upload or otherwise make available to the Website. You agree to review and promptly comply with all messages received from APP regarding the Website. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. APP does not warrant that any information contained on or in said Communications Services is accurate, reliable or confidential. You agree that APP cannot be held responsible for any ramifications of your posting or use of any content or Submissions or any Materials from or to said Communications Services.
You alone are responsible for your interactions with other users of the Website. APP may monitor disputes between you and other users, and may terminate your account at any time, in its sole discretion; however, APP is under no obligation to monitor such interactions or take any particular action. In the event that you believe that any user of the Website has violated this Agreement, please contact APP immediately, and APP may take action that it, in its sole discretion, deems appropriate under the circumstances.
APP does not control the content or Submission submitted to APP or otherwise made available to others on the Website, and has no obligation or duty to verify the accuracy of any such content or Submission, or the identity of any user that provides such materials or to supervise the uploading, use or availability of such materials on or to the Website. APP retains the right, but not the obligation, to monitor any activity and Submission or content submitted, posted, uploaded, or otherwise communicated to APP or the Website, or is made available on the Website. APP may block, edit, modify or remove any Submission or content it deems to be violative of this Agreement, or any other content or Submissions that APP deems, in APP’s sole discretion, to be objectionable or in any way not in furtherance of the goals or purposes of APP, the Website or the particular area of the Website to which such content or Submission may have been placed.
Should you seek to remove any Submission or content from the Website or other platform operated by APP, you should contact APP in writing with your removal request at email@example.com with the phrase “Content Removal Request” in the subject line. APP in its sole discretion shall assess whether to remove any content or Submission that is the subject of such a removal request. APP does not guarantee it will remove any post.
APP is not responsible for, and assumes no liability for any content or Submission posted by you, or any damage caused by another user’s access to such content on the Website, whether before or after any removal of such content or Submission by APP. APP in no way endorses any content or Submission posted to or made available through the Website.
RESTRICTIONS ON USE OF THE WEBSITE & WEBSITE CONTENT
Your use of the Website and all services and content provided in connection with the Website is subject to the terms and conditions of this Agreement and all applicable laws, rules and regulations. Any use of the Website other than as expressly permitted herein terminates the limited license set forth in this Agreement without prejudice to any other remedy provided by applicable law.
If you are a Website Member (as defined herein) and a retailer of products purchased from APP, you are granted a non-exclusive, limited and revocable license to display, reproduce and transmit images of APP’s product obtained from the “My Account” area of the Website for Website Members only, that are identified as being permissible to use, in connection with the marketing and sale of APP’s products. APP may revoke this license at any time. Your use of said images other than in direct connection with the sale or marketing of APP’s products is expressly prohibited, and no license to engage in such acts is granted. Your use of such materials is subject to your compliance with the branding standards that APP may adopt from time to time.
You agree not to remove any markings or alter the images in any way without APP’s express written permission. You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any APP employee, agent, or representative; or expressing or implying that APP endorses any statement you make. You may not use any information obtained from the Website to harass or intimidate others or to contact them without their permission.
You may not modify, adapt, translate, copy, reverse engineer decompile or disassemble any portion of the Website or Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or making available in connection with the Website any denial of service attack, virus, worm, Trojan horse, root kit or other harmful code or activity is prohibited. Moreover, you may not interfere with or violate any other Website visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about APP employees or other individuals identified on the Website, without their express written consent.
You are also proscribed from selling, reselling, transferring, licensing, lending or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website or the Materials. You may not harvest information from the Website, including any scraping of the Website. You may not use the Website to solicit any other Website users, either through Website functionality or through outside functionality.
You may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, including APP’s or any other party’s intellectual property therein, without our prior express written authorization. You may not access any portion of the Website that is not public or is not meant to be accessed by general users, and you may not attempt to override any security measures in place on the Website.
To the extent that you may access or download any software that is made available through APP from the Website (“Software”), such Software is the copyrighted work of APP and/or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. You may not install or use any software that is accompanied by or includes such an end user license agreement unless you first agree to the terms of such agreement. Any warranty applicable to the Software will be specified in the terms of the License Agreement and no additional warranties are provided herein. If you have any inquiries concerning these terms, please consult APP before accessing any programs.
In the event that you are obligated by law to take actions contrary to any term of this Agreement, you agree to notify APP at least 30 days before you are required to take such actions.
BECOMING A WEBSITE USER
If you are a retailer or prospective retailer, you may become a “Website Member” by filling out the sign-up form on the page and following the instructions there, which may include the requirement that you submit a Resale Certificate. You agree that all information provided to become a Website Member is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. APP may accept or decline to accept you as a member of the retailer’s section of the Website at its sole and unfettered discretion. If APP chooses to accept you as a Website Member, it will email you with your login username and password (“Login Information”). This Login Information is valid for your personal use only, and you agree that you will not assign, transfer, lend or sublicense your rights as a registered user of the Website to any other person. You agree that providing your login information, or providing access to your account by any other means to any other person, is strictly prohibited. The status of your membership in the Website is based on the sole discretion of APP, and it may be revoked or modified at any time, at APP’s sole discretion.
You are solely responsible for maintaining the confidentiality and security of your login information and remain at all times solely responsible for all usage or activity on the Website occurring in connection with your Login Information. You agree and acknowledge that APP shall have no responsibility or liability to you or any third party for any claims, harm, or losses arising in connection with or resulting from the use of your Login Information. If you believe that your Login Information has been lost, stolen, or otherwise compromised, or that an unauthorized person has or may attempt to access the Website, you should immediately contact APP via e-mail to firstname.lastname@example.org with the phrase “Account Breach Notice” in the subject line, and APP will engage in reasonable efforts with reasonable speed, to disable, lock or otherwise address your situation.
AVAILABILITY OF THE WEBSITE
While APP makes reasonable efforts to ensure that the Website is available at all times, APP does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and APP does not guarantee that users will be able to access or use all or any of the Website features at all times.
APP may change, suspend or discontinue, temporarily or permanently, any (or all) aspects of the Website at any time without prior notice, including the availability of any Website feature or your particular user account, in its sole discretion. APP may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability.
You are prohibited from attempting to or actually accessing those portions of the Website for which you have no permission.
APP is under no obligation to maintain the Website or any information, content, Submissions, Materials, or other matters that you submit, post or make available to the Website, or are otherwise available on the Website. APP reserves the right to withhold, remove and or discard any such material on the Website or available or placed by you thereon without notice at any time. You agree that even if APP has maintained such materials, you have no control or right to access them, and have no right to request that APP restore or produce such material.
You acknowledge and agree that APP may send you important notices or other information related to the Website, the relationship with APP, or other information we believe may be of interest to you, by email or through other means, including mobile or other hand held devices. You acknowledge and agree that APP has no liability related to or arising from any failure by you to maintain accurate or up to date contact information, or other profile information, or related to your failure to receive important or critical information regarding the Website.
ERRORS & INACCURACIES
While APP attempts to be as accurate as possible with respect to the Website and the Materials, the Website may contain typographical errors or inaccuracies, including but not limited to errors or inaccuracies related to price, product information, product description or availability, images, and may not be complete or current. APP does not warrant that the Website or any Materials are accurate, complete, reliable, current, or error-free. APP reserves the right to correct any errors, inaccuracies or omissions (including after any order has been submitted, confirmed and/or charged to your credit card) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
We have made every effort to display as accurately and reliably as possible the colors, sizes, dimensions, materials, textures, and all other physical aspects (“Depiction”) of the goods that may appear on the Website. However, we cannot guarantee, and make no warranty, promise, or agreement that any depicted or described product actually comports with its Depiction or description. If you are dissatisfied with a product offered by APP through the Website, your sole remedy is to return it in unused condition.
Any price quotation, service information or any other such information regarding the provision of and fees for any goods or service offered by APP are provided purely for informational and illustrative purposes. APP does not guarantee, and makes no warranty, promise, or agreement that any depicted or described goods or services are actually offered or comports with its description on the Website. APP reserves the right to cease offering any such services or benefits to any prospective or actual member or customer at any time, in all cases without notice or liability.
LINKS TO OTHER WEBSITES
ENFORCEMENT OF THE AGREEMENT
APP may investigate any reported, alleged or suspected violation of this Agreement, and take any action that APP, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time. APP reserves the right to recover those amounts spent in connection with enforcement, from any violation of these terms.
Either you or APP may terminate this Agreement at any time, for cause of without cause. Without limiting the foregoing rights, APP has a policy of terminating users who are repeat violators of the United States Copyright Act, as noted in the Copyright and Trademark Policy.
All grants of any rights from you to APP related to content, Submissions, or other materials, including but not limited to copyright or other intellectual property licenses shall survive any termination of this Agreement.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS PROVIDED “AS IS.” APP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER
EXPRESSED OR IMPLIED, FOR THE WEBSITE AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. IN NO EVENT SHALL APP, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE OR ANY GOODS OR SERVICES CONTAINED HEREON. APP DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. APP DISCLAIMS ANY AND ALL LIABILITY FROM ANY MALFUNCTIONS, LIMITATIONS ON ACCESS OR INTERRUPTIONS IN AND TO THE WEBSITE. ADDITIONALLY, APP DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY APP TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. APP DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL NOT VIOLATE THE RIGHTS OF OTHERS. FURTHER, NEITHER APP, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR ANY GOODS OR SERVICES CONTAINED HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.
APP HAS NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USER UTILIZING THE WEBSITE OR THE SERVICES AVAILABLE THEREON, NOR DOES APP HAVE ANY OBLIGATION TO MONITOR THE USE OF THE WEBSITE BY OTHER USERS. APP WILL NOT BE HELD LIABLE FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, THE WEBSITE INCLUDING WITHOUT LIMITATION ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, FEATURES, MATERIALS AND INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS PROVIDED TO YOU “AS IS” AND APP SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY GOODS OR SERVICE PROVIDED VIA THE WEBSITE. IF YOU ARE DISSATISFIED OR HARMED BY APP, THE WEBSITE OR ANYTHING RELATED TO APP, YOU MAY LEAVE APP AND MEMBERSHIP IN THE WEBSITE AND TERMINATE THE AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, the Parties agree that neither APP nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors shall be liable or responsible for any direct, indirect, incidental, punitive, special, exemplary, consequential or other damages or loss of use, lost revenue, lost profits or data to you or any third party arising out of or in any way related to your use of the Website or any services, Submissions, Materials or other content or materials on, accessed through or downloaded from the Website, even if APP is aware or has been advised of the possibility of such damages. Your sole and exclusive remedy for your dissatisfaction with the Website or the Materials is to terminate your Membership in the Website and/or stop using the Website. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose. This limitation shall not apply to any damage that APP causes you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.
You agree to defend, indemnify and hold harmless APP, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of: (a) Your activities in connection with the Website, including without limitation your use of the Communication Services and/or your provision of any Submission or other material in connection with the Website; (b) Any violation of this Agreement by you; (c) Any improper or unauthorized use of the Website, Communication Services, and/or Materials by you; (d) Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the Website or the use of software or information which appears on the Website; and (e) Any allegation that anything you transmit or attempt to transmit, including but not limited to any content or Submission you submit, post, or otherwise make available, through or in connection with the Website, infringes or otherwise violates the intellectual property, privacy or other rights of any third party.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided solely for providing information. The Website is controlled and operated by APP from New Jersey, in the United States of America.
All disputes with APP will be venued within the exclusive jurisdiction of the State of New Jersey.
You agree that any dispute arising under the Agreement or your use of the Website in any way shall be resolved exclusively by New Jersey state or federal courts, applying New Jersey law, regardless of any principles of conflicts of law. By your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
Although the Website may be available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in the United States, and that by visiting the Website, you unequivocally and unambiguously agree to waive your right to suit in your home jurisdiction and to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause, and United States law will apply.
At APP’s sole discretion, it may require you to submit any disputes arising from the use of the Mandatory Terms or use of the website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.
Your use of the Website, including any services thereon, is subject to export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and any programs maintained by the Treasury Department’s Office of Foreign Assets Control. You acknowledge that you may not export, re-export, sell, divert, transfer or otherwise dispose of any software or service to any end-user without obtaining required authorizations. You also warrant that you are not prohibited from receiving US origin products, including but not limited to those that may appear on the Website.
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
ENTIRE AGREEMENT AND AMENDMENTS
This Agreement, and its incorporated agreements, constitutes the entire agreement between you and APP regarding your use and interaction with the Website. This Agreement supersedes any and all prior agreements related to this topic, whether written or oral. Any amendments to this Agreement by you must be in writing, and APP shall not be bound to any action of activity that it does not so bind itself to do in writing. APP may modify this Agreement at any time by posting modified terms to the Website, and all such terms will be binding prospectively, but not retroactively, upon posting.
All notices to you under this Agreement may be provided via e-mail or any other communications means you provide to the Website. All notices from you to APP must be sent to the following addresses. Any notices that are not to these addresses will be given no legal effect.
Allure Pet Products LLC
321 Palmer Road
Denville, NJ 07834
Any failure by APP to enforce any term of this Agreement against you or any other user shall not be considered a waiver of APP’s right to enforce this Agreement as to any future violations committed by you or any other user.
ASSIGNMENT This Agreement is personal to you, and you have no right to assign this Agreement to any party. APP may assign all of part of this Agreement to any party, at any time. APP may substitute itself, by way of unilateral novation, effective upon notice to you or upon posting to the Website, for any third party that assumes APP’s rights and obligations under this Agreement.
© 2018, Allure Pet Products, LLC, All rights reserved.
Effective Date: September 14, 2018
APP respects the intellectual property rights of others. If you believe in good faith that any content, Submission, or other material posted or otherwise available on the Website infringes the copyright in your work, please contact our copyright agent in writing, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyrighted work that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing together with information reasonably sufficient to allow us to identify its location on the Website;
4. Information reasonably sufficient to permit APP to contact you;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact APP’s designated DMCA Copyright Agent:
Allure Pet Products LLC 3
21 Palmer Road Denville, NJ 07834
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
© 2018, Allure Pet Products, LLC. All rights reserved.
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)Effective Date: September 14, 2018
f you believe in good faith that any content, Submission, or other material posted on the Website infringes any of your rights other than in copyright (which are subject to the Copyright Policy above), or is otherwise unlawful, you must send a notice to email@example.com containing the following information:
1. Your name, physical address, e-mail address and phone number;
2. A description of the content, Submission, or other material posted on the Website that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
3. Identification of the location of the material on the Website. Including the URL (the location as provided in your browser bar);
4. If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
5. If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
6. A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
7. Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in APP’s sole discretion, APP will take action. We may disclose your submission to the poster of the claimed violative material, or any other party. However, APP does not guarantee that it will comply with all requests not required by law, and reserves the right, in its sole discretion, to determine the course of conduct, if any, it chooses to take.
© 2018, Allure Pet Products, LLC. All rights reserved.
COLLECTION OF INFORMATION
APP may collect non-personal information about your activity in connection with the Website, including information that is automatically transmitted from your Internet browser when you access the Website. For example, the Website may automatically recognize and store information including the type of browser you are using; your navigation through the Website; your Internet Protocol (“IP”) address; the time, date, and length of your visit; and the referring site. This information, if collected, is collected via computer code sent to your computer (commonly referred to as “cookies”). The cookies may not expire, unless you manually delete them or set your browser to reject them. If you do not accept the cookies, however, you may have difficulty navigating the Website. Furthermore, the Website may utilize Web beacons, embedded Web links, and other commonly used information-gathering tools.
USE, STORAGE & DISCLOSURE OF INFORMATION
If you elect to submit Personal Information to the Website, the information will be used for the purpose you requested, for which it is collected, or for any purpose you subsequently authorize. Your provision of Personal Information allows APP to administer certain services offered in connection with the Website in which you choose to participate including the fulfillment of requests made by you concerning APP products, Website membership, or general inquiries, and enables APP to provide you with access to certain features of the Website maintained exclusively for Website Members and not the general public. The collection of Personal Information also allows APP to communicate with you regarding the provision of such programs and services, as well as other news concerning the Website, APP, and products or services that may be of interest to you.
Personal Information provided by you to APP may be stored and maintained by APP for as long as is reasonably necessary to fulfill your request, effectuate the service in which you elected to participate, or serve APP’s legitimate business interests. APP will process this information in a manner which is consistent with the purposes for which it has been collected or subsequently authorized by you. For example, APP may send you marketing emails until you opt out, and thereafter maintain your email address only on a suppression list to ensure your opt out is adhered to. APP may share Personal Information with third parties to fulfill your request, facilitate the processing of orders, perform statistical analysis, to comply with our obligations under any applicable laws or regulation. Such third parties have access to the Personal Information required to perform the desired function and are prohibited from using such information for other purposes. EU citizens’ data may be transferred to other countries including the Unites States, however such transfers will be made pursuant to adequate protections under applicable law, typically Standard Contractual Clauses.
While APP takes reasonable steps to maintain the security of your data, including implementing technical protections, you should not assume that APP is able to safeguard your Personal Information at all times and in all circumstances. If you do not wish APP to use your information in accordance with this policy, please do not access or use the Website or submit any Personal Information to APP via the Website or otherwise, or otherwise exercise your rights as described herein.
APP may use non-personal information to manage, operate, or develop the Website such as by analyzing the data about visits to the Website to make it more accessible and interesting for visitors. Further, APP may share this data with third parties, usually to provide services for APP associated with the maintenance of the Website.
UPDATE AND OPT-OUT
You have the right to access your Personal Information held by APP, request that it be transferred elsewhere, rectify it if incorrect, object to or restrict processing of your Personal Information as described above, including your consent where any processing above is based on your consent. You also have the right to complain to your local Data Supervisory Authority about APP’s handling of your Personal Information. If you would like to exercise any of the above rights, update your Personal Information, or if you do not want to receive further information from APP, please visit your account page or contact us at: firstname.lastname@example.org with the phrase “Opt-Out Notice” in the subject line. You may also write to APP or call us at:
Allure Pet Products LLC
321 Palmer Rd
Denville, NJ 07834
To the extent required by the CAN-SPAM Act, or other similar domestic and international regulation, commercial e-mail messages sent by APP will also provide you with an opportunity to opt-out of receiving this information. Please note that changes to your preferences may not be effective immediately and will only be effective prospectively. If you opt-out, APP will also retain the minimal information necessary for reference in an effort to ensure that you are not contacted in the future. Any requests regarding your Personal Information will be handed in due course, and within any required period under applicable law.
While the Website is not directed to individuals under the age of 13 (“Children”), nor does it contain information which would be potentially harmful to minors in any way, APP is committed to the protection of the online privacy of Children as well as parental control over information collected from Children online. It is our policy never to knowingly collect or maintain information about any person under the age of 13 and visitors to the Website under the age of 13 should not disclose or provide any Personally Identifiable Information. In the event that APP discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child’s Personally Identifiable Information in accordance with the Children’s Online Privacy Protection Act of 1998. Please see the Federal Trade Commission’s website for this act: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information. Parents or guardians who are concerned about information possibly submitted to APP by their Children should contact email@example.com and someone will promptly assist in identifying and removing any such data. Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
CALIFORNIA PRIVACY RIGHTS
Beginning on January 1, 2005, California Civil Code Section 1798.83, also known as S.B. 27, or the “Shine the Light” law, allows California residents to request certain information regarding our disclosures in the prior calendar year, if any, of their personally identifiable information to third parties for their own direct marketing purposes. To make such a request, please contact us at: firstname.lastname@example.org with the phrase “Request for California Privacy” in the subject line. You must include sufficient detail for us to locate your information and contact you. Please include, at a minimum, your name, email and postal address. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that the California Shine the Light law does not cover all information sharing. Our disclosure only includes information covered by the law.
NOTICE FOR MINORS
APP does not currently offer interactive chat room or comment services. However, if at any time it may offer such interactive services which allow you to post content to share publicly or with friends, you will be able to delete or remove content you have posted. If you have questions about how to remove content or if you would like additional assistance with deletion you can contact us at email@example.com. Although we offer deletion capability, you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information posted though our service.
DO NOT TRACK
APP does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser provider may allow you to set the DNT signal. For example, Safari allows you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked. If you would like to learn how to set Safari so that websites do not track you, go here: https://support.apple.com/kb/PH21416. With this option turned on, each time Safari loads content from a website, Safari adds a request not to track you, but it’s up to the website to honor this request. If using an Apple device, Choose Safari > Preferences, click Privacy, then select “Ask websites not to track me.” For other devices and browsers, check with your provider for instructions.