If you’re under 18, please make sure that your parent or guardian has read and agreed to these terms before you use this site, ’cause we don’t want to get yelled at.
People for the Ethical Treatment of Animals, Inc. (“PETA” or “we”), operates this site and provides the social networking tools and services that allow individual users to create customized online personal profiles. The services offered by PETA include access to any PETA-branded URL (the “PETA Website”) and other features (e.g., embedded music and video players) made available by PETA from time to time, the opportunity for users to create and upload their own content on the PETA Website, and any other features, content, or applications offered from time to time by PETA in connection with this site (collectively, the “PETA Services”). The PETA Services are hosted in the U.S.
This Agreement includes PETA’s policy for acceptable use of the PETA Services and Content (as defined in Section 6.1 below) posted on or through the PETA Services as well as your rights, obligations, and restrictions regarding your use of the PETA Services and Content posted on or through the PETA Services. In order to participate in certain PETA Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from PETA. Unless otherwise provided by the additional terms and conditions applicable to the PETA Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. PETA may modify this Agreement from time to time, and such modification shall be effective upon posting by PETA on the PETA Website. Your continued use of the PETA Services after PETA posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure that you are updated as to any changes.
Please choose carefully the information that you post on or through the PETA Services and that you supply to other Users. Your PETA profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products, or services provided by other PETA Members (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible, or otherwise violate this Agreement, and PETA assumes no responsibility or liability for this material. If you become aware of misuse of the PETA Services by any person, please click on the “Contact PETA” or the “Report Abuse” link at the bottom of the PETA Website pages.
1. General. PETA has the right, but not the obligation, to monitor any activity and content associated with this site. PETA may investigate any apparent or reported violations of its policies and take any action that it, in its sole and absolute discretion, deems appropriate, including but not limited to issuing warnings; rejection of, refusal to post, or removal of any materials on the site; and/or denial, restriction, suspension, or termination of your access to any or all part(s) of the PETA Services at any time. PETA expressly reserves the right to remove, screen, or edit any content that PETA deems, in its sole and absolute discretion, to violate this Agreement or any applicable law or to be otherwise objectionable. If we receive complaints that upon investigation show that you have repeatedly violated third-party copyright, PETA may permanently suspend your registration for and use of the PETA Services. PETA may take any or all of the actions above at any time, with or without prior notice or explanation, and without liability.
2. Eligibility. Use of the PETA Services and registration to be a Member for the PETA Services (“Membership”) is void where prohibited. By using the PETA Services, you represent and warrant that: (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the PETA Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe that you are over 18 years of age and represent yourself as under 18.
3. Term. This Agreement and any posted revision to this Agreement shall remain in full force and effect while you use the PETA Services or are a Member. You may terminate your Membership at any time, for any reason, by e-mailing [email protected]. PETA may terminate your Membership at any time for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement, including Sections 5 to 17, will remain in effect.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify PETA immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The PETA Services are for the personal use of Members only. The Services may only be used for commercial endeavors if such endeavors are specifically endorsed or authorized by PETA. PETA reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the PETA Services—including collecting usernames, user ID numbers, and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail; unauthorized framing of or linking to the PETA Website; or employing third-party promotional sites or software to promote profiles for money—is prohibited. Commercial advertisements, affiliated business links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. PETA reserves the right to take appropriate legal action for any illegal or unauthorized use of the PETA Services.
6. Proprietary Rights in Content on the PETA Website
6.1 PETA does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, software scripts and applications, or any other materials (collectively, “Content”) that you post on or through the PETA Services. After posting your Content to the PETA Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the PETA Services, you hereby grant to PETA a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content in furtherance of PETA’s mission and PETA’s sole and absolute discretion, including without limitation distributing part or all of the PETA Website in any media formats and through any media channels.
6.2 The license that you grant to PETA is non-exclusive (meaning that you are free to license your Content to anyone else in addition to PETA); fully paid and royalty-free (meaning that PETA is not required to pay you for the use on the PETA Services of the Content that you post); sublicensable; and worldwide (because the Internet and the PETA Services are global in reach).
6.3 By uploading or otherwise posting any Content to the PETA Website, you represent, warrant, and covenant that: (i) you own the Content posted by you on or through the PETA Services or otherwise have the right to grant the license set forth in this Section 6; (ii) the posting of your Content on or through the PETA Services does not violate any applicable laws, including but not limited to all applicable data protection laws and the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights, or any other rights of any person or entity; and (iii) you have obtained the prior consent of any individuals whose personal information you use, disclose, or transmit on or through the PETA Services. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the PETA Services.
6.4 The PETA Services contain Content of PETA (“PETA Content”). PETA Content is protected by copyright, trademark, trade secret, and other laws, and PETA owns and retains all rights in the PETA Content and the PETA Services. PETA hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PETA Content (excluding any software code) solely for your personal use in connection with viewing the PETA Website and using the PETA Services.
6.5 The PETA Services contain Content of Users and other PETA licensors. Except as provided within this Agreement and subject to PETA’s copyright policy (viewable at PETA.org), you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PETA Services.
6.6 PETA performs technical functions necessary to offer the PETA Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PETA Services.
7. Content Posted.
7.1 PETA may reject, refuse to post, or delete any Content for any or no reason, including Content that in the sole judgment of PETA violates this Agreement or which may be offensive or illegal, violate the rights of any person or entity, or harm or threaten the safety of any person or entity. PETA assumes no responsibility for monitoring the PETA Services for inappropriate Content or conduct. If at any time PETA chooses, in its sole discretion, to monitor the PETA Services, PETA nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the PETA Services, any material or information that you transmit to other Members, and your interactions with other Users.
8. Content/Activity Prohibited. PETA prohibits the use of the PETA Services to post or transmit Content that is illegal or depicts illegal activity. The following are examples of the kind of Content that is illegal or prohibited to post on or through the PETA Services. PETA reserves the right to investigate and take appropriate action against anyone who, in PETA’s sole and absolute discretion, violates this provision, including, without limitation, removing the offending Content from the PETA Website, terminating the Membership of such violators, and/or reporting violators to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that in the sole and absolute discretion of PETA:
8.1 is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
8.2 is derogatory toward or disparaging of PETA;
8.3 exploits people in a sexual or violent manner;
8.4 contains excessive violence or offensive subject matter or contains a link to an adult Website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8.10 contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes without prior written consent from PETA;
8.14 includes a photograph or a video of another person, in a context in which that person had a reasonable expectation of privacy, that you have posted without that person’s consent;
8.15 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person; or
8.16 promotes propaganda and/or symbols of organizations that are unconstitutional or illegal in your country.
The following are examples of the kind of activity that is illegal or prohibited on the PETA Website and through use of the PETA Services. PETA reserves the right to investigate and take appropriate legal action against anyone who, in PETA’s sole and absolute discretion, violates this provision, including, without limitation, reporting such individuals to law enforcement authorities. Prohibited activity includes but is not limited to:
8.17 criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, illegal gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, infringing on others’ intellectual property rights (including but not limited to copyright, trademark, and patent infringement), or theft of trade or industrial secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the PETA Services. You may not transmit any chain letters or junk e-mail to other Members. In order to protect our Members from such advertising or solicitation, PETA reserves the right to restrict the number of e-mails that a Member may send to other Members in any 24-hour period to a number that PETA deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk e-mail, instant messages, or other unauthorized commercial communications of any kind through the PETA Services, you acknowledge that you will have caused substantial harm to PETA but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay PETA US$50 for each such unsolicited e-mail or other unauthorized commercial communication that you send through the PETA Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the PETA Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring PETA content on your personal profile page or any PETA page via HTML/CSS or any other means;
8.22 any automated use of the system, including but not limited to using scripts to post comments or upload Content;
8.23 interfering with, disrupting, or creating an undue burden on the PETA Services or the networks or services connected to the PETA Services;
8.24 impersonating or attempting to impersonate a PETA staff member or representative or another Member, person, or entity;
8.25 using the account, username, or password of another Member at any time, disclosing your password to any third party, or permitting any third party to access your account;
8.26 selling or otherwise transferring your profile;
8.27 using any information obtained from the PETA Services in order to illegally abuse or harm another person or entity or attempting to do the same;
8.28 displaying an unauthorized commercial advertisement on your profile or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the PETA Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
8.29 using the PETA Services in a manner inconsistent with any and all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property. PETA respects the intellectual property rights of others and requires that our Users do the same. You may not upload, embed, post, e-mail, transmit, or otherwise make available any material that infringes on any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. PETA has the right to terminate the Membership of infringers.
9.1. Notice of Claimed Infringement. If you believe that your work has been copied and posted on or through the PETA Services in a way that constitutes copyright infringement, please send PETA’s Copyright Agent a notification of claimed infringement with all the following information (see 17 U.S.C. 512(c)(3) for further detail): (a) 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; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the PETA Services (providing the URL(s) of the claimed infringing material will in most cases satisfy this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, a telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. PETA’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, PETA Foundation, 501 Front St., Norfolk, VA 23510; 757-628-0781 (fax), Attn: Copyright Agent; e-mail: [email protected]; or via our online complaint form here. We may provide your notice (including any contact details displayed in the complaint) to the poster of the work. PETA accommodates tools and technologies that help facilitate copyright owners’ control over their copyrighted works.
9.2. Counter-Notification. If you believe that Content you posted on or through the PETA Services and that was removed (or to which access was disabled) is not infringing or that you have authorization from the copyright owner or his or her agent or pursuant to the law to post such Content, you may send a counter-notice containing the following information to PETA’s Copyright Agent at the address above: (a) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled (providing the original URL(s) of the material satisfies this requirement); (b) your full name, address, telephone number, e-mail address, and PETA account username; (c) a statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of a mistake or a misidentification of the material; (d) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Federal District Court for the District of Columbia, if your address is outside the U.S.) and a statement that you will accept service of process from the person who provided notification of the alleged infringement or his or her agent; and (e) your physical or electronic signature.
If a counter-notice is received by PETA’s Copyright Agent, PETA may send a copy of it to the original complaining party informing that person that PETA may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User who originally posted the material, the removed Content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at PETA’s sole and absolute discretion.
10. Member Disputes. You are solely responsible for your interactions with other PETA Members. PETA reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11.2 Any Content posted by Users on or through the PETA Services will be publicly viewable on the PETA Website as soon as that information is submitted. By posting Content on or through the PETA Services, you waive any privacy expectations that you may have with respect to the Content posted.
12. Disclaimers. PETA IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE USER CONTENT OR THE ACCURACY AND RELIABILITY OF THE USER CONTENT POSTED ON OR THROUGH THE PETA SERVICES, WHETHER CAUSED BY USERS OF THE PETA SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE PETA SERVICES, AND SUCH USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF PETA. PROFILES AND THIRD-PARTY APPLICATIONS CREATED AND POSTED BY MEMBERS ON THE PETA WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES. PETA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED, OR CHECKED FOR ACCURACY OR COMPLETENESS BY PETA. INCLUSION OF ANY LINKED WEBSITE ON THE PETA SERVICES DOES NOT NECESSARILY IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY PETA. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. PETA TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH THE PETA SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. PETA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PETA SERVICES. PETA ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY USER OR MEMBER COMMUNICATION. PETA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE OR THE FAILURE OF ANY E-MAIL OR PLAYERS BECAUSE OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE PETA SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE PETA SERVICES. UNDER NO CIRCUMSTANCES SHALL PETA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE PETA SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE PETA SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE PETA SERVICES, WHETHER ONLINE OR OFFLINE. THE PETA SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND PETA EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PETA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PETA SERVICES.
13. Limitation on Liability. IN NO EVENT SHALL PETA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE PETA SERVICES, EVEN IF PETA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PETA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PETA FOR THE PETA SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the PETA Services (the “Software”) is further subject to U.S. export controls. No Software may be downloaded from the PETA Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You and PETA agree to submit to the exclusive jurisdiction and venue of the appropriate state or federal court located in the City of Alexandria, Virginia, to resolve any dispute arising out of the Agreement or the PETA Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold PETA, its affiliates, and their respective officers, agents, employees, successors, and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party because of or arising out of your use of the PETA Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the PETA Services causes PETA to be liable to another.
17. Other. This Agreement is accepted upon your use of the PETA Website or any of the PETA Services and is further affirmed by your becoming a Member. This Agreement constitutes the entire agreement between you and PETA regarding the use of the PETA Services. The failure of PETA to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. PETA is a registered trademark of the PETA Foundation. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at [email protected] with any questions regarding this Agreement.
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