TERMS OF USE
Effective Date of Terms: 7/1/2024
1. General; Agreement to Terms; Users
These Terms of Use (“Terms”) and the separately posted Privacy Policy, together govern your access and use of websites operated by SunnyDay Ventures, including PetNet.org (the “Sites”) and their related apps. The Sites is operated by SunnyDay Ventures, a Pennsylvania corporation (“SunnyDay Ventures,” “we,” “our,” or “us”). These Terms set forth what we expect from users of the Sites, and what activities are not permitted on or in connection with the Sites. If there's anything you don't understand in these Terms and/or any other terms or information published or made available through the Sites, please contact us using the contact information below. Please read these Terms carefully before you start to use the Sites.
By accessing or using the Sites, you accept and agree to be bound by and comply with these Terms of Use, the separately posted Privacy Policy , and applicable laws and regulations in connection with your use of the Sites. If you do not agree to be bound by these Terms, the Privacy Policy and all applicable laws, you are required to leave the Sites and discontinue use of the Sites and services provided on or through the Sites.
These Terms and the information provided on the Sites do not modify or supersede and in no way override the terms and conditions of any written services agreements, license agreements, or similar agreements between you and SunnyDay Ventures.
The Sites is offered and available to users who are 18 years of age or older. By using the Sites, you represent and warrant that you meet the foregoing requirement and can form a legally binding contract with us under applicable law.
2. Changes in Terms.
SunnyDay Ventures shall have the right, in its sole discretion, at any time and without prior notice, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Sites. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Sites. The date of the last revision of the Terms will appear at the top of these Terms. You are responsible for reviewing the Sites periodically for any modification to these Terms. You agree that you shall be deemed to be apprised of and bound by any revisions or additions by SunnyDay Ventures to the Terms. Your continued use of the Sites after any such changes to the Terms constitutes your acceptance of the new Terms, whether or not you actually reviewed them. No modification to these Terms by any party other than SunnyDay Ventures shall be valid or enforceable against us unless expressly agreed to by us in writing signed by a duly authorized officer of SunnyDay Ventures.
3. Discontinued Operation of the Sites.
SunnyDay Ventures shall have the right, in its sole discretion, without notice and at any time and for any reason to discontinue operation of the Sites, or any portion thereof, or any products or services offered through, if any, or advertised on the Sites, or to terminate yours or any individual's access to or use the Sites. The restrictions imposed on you, the disclaimers, indemnities and limitations of liability set forth in these Terms shall survive any termination of the Sites or your use thereof.
4. Sites Content; Trademark and Copyright.
The text, images, photographs, graphics, logos, illustrations, descriptions, data and other material provided on the Sites, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is expressly provided to be so. The Content may contain errors, omissions, or typographical errors or may be out of date. SunnyDay Ventures may change, delete, or update any Content at any time and without prior notice.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by SunnyDay Ventures or by third parties that have licensed their use to SunnyDay Ventures. You may view and use the Content only for your use of services provided to you through the Sites and for no other purpose. You may not otherwise use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content, or use data mining, robots or similar data gathering and extraction tools at the Sites. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of SunnyDay Ventures, our corporate partners, or suppliers and vendors (collectively, the “Partners”) without our express, written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by an authorized representative of SunnyDay Ventures is strictly prohibited.
5. Submissions of User Content
From time to time, the Sites may allow you to post, link, store, share and otherwise make available (“Publish” or “Publication”) certain information, text, graphics, videos, or other material (“Submission”). You are responsible for the Submission that you Publish on or through the Sites, including the Submission’s legality, reliability, and appropriateness.
By Publishing Submission on or through the Sites, you represent and warrant that: (i) you own or have the right to use the Submission; (ii) that you have the right to grant us the rights and license as provided in these Terms, and (iii) that Publication of your Submission on or through the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, or the Terms.
You retain all ownership of your Intellectual Property Rights to any Submission you Publish on or through the Sites, subject to the rights and permissions granted in the Terms. It is your responsibility to protect your rights in the Submission. We take no responsibility and assume no liability for such Submission. You are solely responsible for the legality, accuracy, reliability, and appropriateness of your Submission.
You hereby grant to us and our affiliates and representatives a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license and right: (A) to use, modify, distribute, reproduce, transmit, publish or republish, display, translate, adapt, create derivatives of, and perform the Submission, in any manner or form: (i) to provide the Sites and otherwise perform our obligations hereunder; (ii) to monitor and improve the Sites and for any other further internal business purposes of SunnyDay Ventures and our affiliates; and (iii) in connection with the development, distribution and licensing of any product or service offered by us or our affiliates, provided that the Submission included in products or services offered to third parties will be in an aggregated and de-identified format; and (B) to use and incorporate into the Sites and our other services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of the Sites or other services provided by SunnyDay Ventures or our affiliates. You agree that this license includes the right for us to make your Submission available to other users of the Sites, who may also use your Submission subject to these Terms.
The Submission must comply with all applicable federal, state, local and international laws and regulations. The Submission must not:
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Contain any defamatory, obscene, abusive, offensive, indecent, harassing, violent, hateful, inflammatory, sexually explicit, pornographic, or otherwise objectionable material;
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Promote any illegal activity, violence, or discrimination based on race, sex, religion, nationality, disability, or sexual orientation;
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Infringe any Intellectual Property Rights, privacy or publicity rights, or other legal rights of another person;
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Be likely to mislead or deceive another person, including by impersonating another or misrepresenting your identify or affiliation with another person or organization;
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Involve any commercial activity or contests, sweepstakes, or other promotion, advertising, or sales;
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Leave the false impression that the Submission emanates from or is endorsed by us or another organization.
We have the right but not the obligation to monitor and edit your Submission. We have the right to remove or block any Submission for any or no reason in our sole discretion. We have the right to take any action with respect to any Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of our users or the public, or could create liability for us. We may disclose your identity or other information about you to any third party who claims that your Submission violates their rights, including their intellectual property rights or their right to privacy.
6. Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Sites, or items advertised on the Sites, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content. In order for us to investigate your claim of infringement, you must provide us with the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you believe has been infringed;
• A description of where the material that you claim is infringing is located or identified on the Sites;
• Your name, address, telephone, number and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
7. Linked Third Party Websites.
Links to other websites operated by third parties, including any Partners, do not constitute sponsorship, endorsement, or approval by SunnyDay Ventures of the content, policies, or practices of such linked websites. Linked websites are not operated, controlled, or maintained by SunnyDay Ventures, and we are not responsible for the availability, content, policies, or practices of linked websites, including without limitation privacy policies or practices. Links to other websites are provided for your convenience only, and you access them at your own risk.
8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY AS TO THE SITES AND CONTENT.
NEITHER SUNNYDAY VENTURES, ANY OF OUR PARTNERS NOR ANY OF THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES MAKES ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITES OR ANY LINKED WEBSITES OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY LINKED WEBSITES OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. SunnyDay Ventures, OUR PARTNERS AND THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITES OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT, INFORMATION AND MATERIAL PROVIDED ON THE SITES IS PROVIDED TO USERS "AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF THE CONTENT, INFORMATION AND MATERIALS PROVIDED ON THE SITES OR ANY LINKED WEBSITE IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
WHILE SunnyDay Ventures TAKES REASONABLE STEPS TO SAFEGUARD AND TO PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, WE ARE NOT RESPONSIBLE FOR THE ACTS OF THOSE WHO GAIN UNAUTHORIZED ACCESS, AND WE MAKE NO WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, THAT WE WILL PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION.
UNDER NO CIRCUMSTANCES SHALL SunnyDay Ventures, ANY OF OUR PARTNERS, ANY OF OUR/THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES, OR ANY OF OUR/THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITES OR ANY LINKED WEBSITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF SunnyDay Ventures OR ANY OF ITS PARTNERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. DISCLAIMER OF WARRANTY AND LIMITATION ON LIABILITY AS TO OUR SERVICES.
THE ONLY WARRANTIES, IF ANY, MADE BY SUNNYDAY VENTURES WITH RESPECT TO OUR SERVICES LICENSED OR PURCHASED BY YOU, WHETHER THROUGH THE SITES, IF AVAILABLE, OR OTHERWISE ARE CONTAINED IN THE SERVICES AGREEMENT OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND SUNNYDAY VENTURES APPLICABLE TO SUCH PRODUCT OR SERVICE. EXCEPT FOR ANY SUCH WARRANTIES, SUNNYDAY VENTURES AND OUR PARTNERS FURNISH ALL SERVICES SOLD OR PROVIDED ON THE SITES ON AN “AS IS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
UNDER NO CIRCUMSTANCES SHALL SunnyDay Ventures, OUR PARTNERS OR ANY OF OUR/THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES OR ANY OF OUR/THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCTS OR SERVICES SOLD, ADVERTISED OR PROVIDED ON THE SITES, EVEN IF SunnyDay Ventures OR ANY OF ITS PARTNERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF SunnyDay Ventures OR ANY OF ITS PARTNERS EXCEED THE PRICE YOU PAID FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM.
10. Indemnification.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SUNNYDAY VENTURES, OUR PARTNERS, AND OUR/THEIR RESPECTIVE AFFILIATES AND RELATED ENTITIES AND OUR/THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND COURT COSTS), ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITES AND ANY PRODUCTS AND/OR SERVICE PROVIDED TO YOU ARISING OUT OF OR RELATING TO YOUR USE OF THE SITES. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE TERMINATION OF THESE TERMS AND THE SITES AND ANY PRODUCT OR SERVICE PROVIDED TO YOU ARISING OUT OF OR RELATING TO YOUR USE OF THE SITES.
11. Use of the Sites.
You may not use any automatic device, program or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Sites or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Sites.
By accessing and using the Sites you undertake and agree to do so in a legal and ethical manner and subject to these Terms of Use. You acknowledge and agree that you shall not use the Sites to transmit material, or otherwise engage in any activity, that is defamatory, tortious, harmful, obscene, infringing, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, unlawful, profane, pornographic, invasive of privacy or otherwise objectionable in relation to your use of the Sites including without limitation, anything that facilitates illegal activity, depicts sexually explicit images, promotes violence, is discriminatory, is illegal or which could or does cause damage or injury to any person or property, could give rise to any civil or criminal liability under applicable law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is in breach of any duty of confidentiality and/or third party intellectual property rights.
Except as expressly set out in these Terms of Use or as permitted by applicable law, you hereby agree:
• not to copy any of the Sites except where such copying is incidental to normal use of the Sites, or where it is necessary for the purpose of back-up or operational security;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any of the Sites or Content therein;
• not to make alterations to, or modifications of, the whole or any part of the Sites, or permit the Sites or any part of it to be combined with, or become incorporated in, any other programs;
• not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Sites or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law;
• not to provide or otherwise make available the Sites in whole or in part (including object and source code), in any form to any person without our prior written consent;
• not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• not to use the Sites (or any part(s) of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code or technology, including viruses, or harmful data, into the Sites (or into the websites linked to the Sites) or any operating system;
• not to infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Sites;
• not to collect Sites users' information, or otherwise access the Sites or our systems, using automated means (e.g. harvesting bots, robots, spiders, or scrapers, etc.) or attempt to decipher any transmissions to or from the servers running the Sites;
• not to manipulate any identifiers to disguise the origin of a message;
• not to solicit login information or access an account belonging to someone else;
• not disclose any other user's personal information without their prior express agreement. This means that if you happen to know another user's identity you must not disclose this to any other user or to any other third party;
• not to facilitate or encourage any breach by any other party of these Terms of Use (or any part thereof);
• not to use the Sites in any manner which could damage, disable, overburden, impair or compromise the Sites, our systems or security or interfere with other users or any other party's computer systems or hack or gain unauthorized access to the Sites or Content or data.
12. Use By Children
You must be at least 18 years old to use the Sites. If you are under 18, you may use the Sites only with the permission and involvement of a parent or guardian.
13. Messages
You may opt in to notifications from us by email, text (SMS), or both. If you choose text messages you will be asked upon signup to agree to receive text messages through an opt-in process. If you no longer want message, you will be able to change this setting in the app or Reply STOP to opt out, HELP for help. The information gathered during the SMS opt in will not be shared or sold to third parties, specially for promotional aims. If you choose to get messages message and data rates may apply.
14. Miscellaneous.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter, For clarity, these Terms do not supersede any written services agreements, license agreements, maintenance agreements, or similar agreements between the parties. No waiver by SunnyDay Ventures of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION ARISING OUT OF, IN CONNECTION WITH OR RELATED TO, THESE TERMS, YOUR USE OF THE SITES OR, IF AVAILABLE, ANY PRODUCTS OR SERVICES YOU PURCHASE USING THE SITES. EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED OR OTHERWISE INDICATED THAT SUCH PARTY WOULD NOT SEEK TO ENFORCE THIS WAIVER OF RIGHT OF A JURY TRIAL IN THE EVENT OF ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION. EACH OF THE PARTIES AGREES THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR ENTERING INTO THESE TERMS.
SunnyDay Ventures and its Partners shall not be liable for any nonperformance or delay in performance caused by any act beyond their reasonable control.
Access to or use of The Sites shall not be construed as the purposeful availment by SunnyDay Ventures or any of its Partners of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Delaware. These Terms, and any disputes of any kind between you and SunnyDay Ventures, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts or choice of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, these Terms, use of The Sites, including any orders placed or products purchased on the Sites if such feature is available on the Sites, shall be in the federal court located in Pennsylvania, or in the state courts located in Montgomery County, Pennsylvania.
If you have any questions about these Terms, please contact us at:
PetNet
c/o SunnyDay Ventures
PetNetTeam@gmail.com