Nayked Pet® Terms and Conditions
PERMISSIBLE USES OF SITE
Subject to the terms of this Agreement, Nayked Pet grants visitors (i.e. “Users”) of its Site a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. Nayked Pet may terminate this license at any time for any reason.
The rights granted to users in this Agreement are subject to the following restrictions: (a) users shall not use the Site to place an order on behalf of themselves or a third party for resale to that third party; (b) users shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its products or its content without the express written consent of Nayked Pet ; (b) users shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) users shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the express written consent of Nayked Pet; and (e) users shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without the express written consent of Nayked Pet.
INTELLECTUAL PROPERTY RIGHTS
The Site contains valuable trademarks and service marks owned and used by Nayked Pet. Any use of content within the Site without prior written consent of Nayked Pet is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the Nayked Pet, images, text, graphics, buttons, screenshots, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of Nayked Pet.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.
“User Content” of the Site user means any and all information and content that such user submits to Nayked Pet by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses with the Site (e.g., a user profile, product review, question & answer). Users are solely responsible for their User Content. Users assume all risks associated with the use of their User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of their User Content that makes the respective user or any third party personally identifiable. Users hereby affirm, represent, and warrant that (i) they own, or have the necessary licenses, rights, and/or consents to use their User Content with the Site as described herein and (ii) their User Content does not violate the Acceptable Use Policy. Users may not state or imply that their User Content is in any way provided, sponsored or endorsed by Nayked Pet. Because each user is solely responsible for his/her User Content, Users may expose themselves to liability if, for example, their User Content violates the Acceptable Use Policy. Nayked Pet is not obligated to backup any User Content and makes no representation that it will do so, and users agree that Nayked Pet may delete User Content at any time.
By submitting User Content or using it with the Site, users automatically grant, and/or the respective user represents and warrants that he/she has the right to grant, to Nayked Pet an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use User Content, and to grant sublicenses of the foregoing, solely for the purposes of including their User Content in the Site, Nayked Pet social media platforms or marketing initiatives. Users agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to their User Content.
Nayked Pet will treat any feedback, communications, or suggestions users provide to Nayked Pet as non-confidential and non-proprietary. Thus, in the absence of a written agreement with regards to the contrary, each user agrees that he/she will not submit any information or ideas that he/she considers to be confidential or proprietary to Nayked Pet.
ACCEPTABLE USE POLICY
Users agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, users agree not to commercially exploit the Site or use it to (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site.
Nayked Pet reserves the right (but has no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against anyone, at its sole discretion, if he/she violates the Acceptable Use Policy or any other provision of this Agreement. Nayked Pet may remove or modify anyone’s User Content if in its sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for Nayked Pet or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect Nayked Pet's business and members, it may access and disclose any information it considers necessary or appropriate, including a person’s IP address, user traffic information, usage history, and/or User Content.
LIMITATIONS REGARDING INFORMATION, ARTICLES, AND ADVICE
Nayked Pet may offer information, articles, and advice to its users through this site for educational purposes only. Any information offered through this site is not intended to diagnose, treat or cure a pet from a disease or illness, nor promote a medically defined change in structure or function, and is not a substitute for veterinary care provided by an actively licensed veterinarian. For any medical or health related advice concerning the care and treatment of a user’s pet(s), including any and all potential diagnostic tests and treatment options considered medically appropriate for a pet’s health, we recommend all users contact their primary care veterinarian or local animal hospital for medical assistance.
THIRD PARTY SITES AND OTHER USERS
The Site may contain links to, or advertisements for, third-party websites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under the control of the Site and thus Nayked Pet is not responsible for any Third Party Sites. The Site may provide links to these Third Party Sites only as a convenience and is not responsible for the review, approval, monitoring, endorsement, warrant, representations with respect to any Third Party Site. All Site users agree to use all Third Party Sites at their own risk. If a user links to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. All users should make whatever investigation thought to be necessary or appropriate before proceeding with any transaction with any Third Party Site.
Each Site user is solely responsible for any and all of its User Content. Because Nayked Pet does not control User Content, each Site user acknowledges and agrees that Nayked Pet is not responsible for any User Content and it makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and it assumes no responsibility for any User Content. All Site users’ interactions with other Site users are solely between those two users and does not include Nayked Pet. Nayked Pet will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between Site users, Nayked Pet is under no obligation to become involved.
All users hereby release Nayked Pet, its officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.
DISCLAIMER OF WARRANTIES
Nayked Pet intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. Users expressly agree that their use of the Site and any information contained therein is at their sole risk. NEITHER NAYKED PET NOR ITS THIRD PARTIES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. NAYKED PET CANNOT AND DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. Accordingly, to the extent permitted by applicable law, NAYKED PET EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to all users.
LIMITATION ON LIABILITY
IN NO EVENT SHALL NAYKED PET, ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH IT BE LIABLE TO ANY USER AND/OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THEIR RELATIONSHIP WITH NAYKED PET, THEIR USE OF THE WEBSITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF NAYKED PETTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE, PRODUCTS, AND THIRD PARTY SITES ARE AT ALL USERS’ OWN DISCRETION AND RISK, MEANING EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NAYKED PET ASSUMES NO LIABILITY TO ANY USER FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO HIS/HER RELATIONSHIP WITH NAYKED PET OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION). EVERY USER AGREES THAT ANY CLAIM MADE AGAINST NAYKED PET MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE LATEST DATE OF THE EVENT IN WHICH THE CLAIM PERTAINS TO.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME USERS. SOME USERS MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Users agree to indemnify and hold Nayked Pet, its officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with Nayked Pet harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) a user’s use of the Site or Products, (ii) a user’s User Content, or (iii) a user’s violation of this Agreement. Nayked PetTM reserves the right, at the user’s expense, to assume the exclusive defense and control of any matter for which the user is required to indemnify Nayked Pet and agrees to cooperate with its defense of these claims. Users agree not to settle any matter without the prior written consent of Nayked PetTM. Nayked Pet will use reasonable efforts to notify any and all users of any such claim, action or proceeding upon becoming aware of it.
TERM AND TERMINATION
Subject to this Section, this Agreement will remain in full force and effect while any user uses the Site. Nayked Pet may (a) suspend any user’s rights to use the Site or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement. Upon termination of this Agreement, all user right to access and use the Site will terminate immediately. Nayked Pet will not have any liability whatsoever to any user for any termination of this Agreement, including the deletion of associated User Content.
The provisions herein related to Nayked Pet intellectual property rights, user content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms and Conditions.
RESPECT FOR COPYRIGHT LAW
Except as authorized above, users are not permitted access or use of any Nayked Pet Intellectual Property without its prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the website. In connection with the Site, Products, and any Services Nayked Pet offers, it has adopted and reasonably implemented a policy to respect copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Site who are repeat infringers of intellectual property rights, including copyrights.
This Agreement constitutes the entire agreement between users and Nayked Pet regarding the use of the Site and the purchase of any Products or Services on the Site. Failure of Nayked Pet to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the laws of the State of Florida without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and all user rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by any user without the prior written consent of Nayked Pet, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.