If you have any questions about these Site Terms or our Site, please contact us at email@example.com.
2 Limited License; Copyright and Trademark
Our Site and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the "Site Content") are owned by or licensed to Beast and are protected under both United States and foreign laws. Except as explicitly stated in these Site Terms, Beast and our licensors reserve all rights in and to our Site and the Site Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site and Site Content for your own personal and internal business use; however, such license is subject to these Site Terms and does not include any right to (a) sell, resell or commercially use our Site or Site Content; (b) copy, reproduce, distribute, publicly perform or publicly display Site Content, except as expressly permitted by us or our licensors; (c) modify the Site Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Site or Site Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Site or Site Content other than for their intended purposes. Any use of our Site or Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
BEAST, BEAST PETS, the Beast and Beast Pets logos, and any other Beast product or service name or slogan contained in the Site are trademarks of Beast, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Beast or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Beast," "Beast Pets," or any other name, trademark or product or service name of Beast without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Beast and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
3 Feedback and Release
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Beast or our products or Site (collectively, "Feedback"), is non-confidential and will become the sole property of Beast. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Beast or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Beast or Beast Pets logo or other proprietary graphic of Beast to link to this Site without the express written permission of Beast. Further, you may not use, frame or utilize framing techniques to enclose any Beast trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Beast's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Beast or any third party.
Beast makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Beast, and Beast is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Beast provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Beast of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
5 Third Party Content
Beast may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Beast does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Beast y is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Beast and our respective officers, directors, agents, partners and employees (individually and collectively, the "Beast Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Site; (b) your Feedback; (c) your violation of these Site Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Site. You agree to promptly notify Beast Parties of any third party Claims, cooperate with Beast Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Beast Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Beast or the other Beast Parties.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR (A) ANY EQUIPMENT OR SOFTWARE THAT MAY BE USED IN CONNECTION WITH ANY OF THE SITE, OR (B) ANY THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR SITE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND BEAST EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) AS TO THE SITE AND THE SITE CONTENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BEAST DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SITE WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, (B) THE OPERATION OF THE SITE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY BEAST WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU. WHILE BEAST ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, BEAST CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
8 Limitation of Liability
BEAST AND THE OTHER BEAST PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF BEAST OR THE OTHER BEAST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF BEAST AND THE OTHER BEAST PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE SITE TERMS OR OUR SITE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE THE GAME GIVING RISE TO THE CLAIM (AND NOT ANY EQUIPMENT NECESSARY TO USE THE GAME OR ANY FUNDS USED TO MAKE IN-GAME PURCHASES).
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF BEAST OR THE OTHER BEAST PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you release Beast and the other Beast Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
10 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Beast and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Beast seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Beast seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Beast waive your rights to a jury trial and to have any dispute arising out of or related to these Site Terms or our Site resolved in court. Instead, all disputes arising out of or relating to these Site Terms or our Site will be resolved through confidential binding arbitration held in San Francisco County, California in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Site ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Beast agree that any dispute arising out of or related to these Site Terms or our Site is personal to you and Beast and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Beast agree that these Site Terms affect interstate commerce and that the enforceability of this Section 10 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Site Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Site Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Beast agree that for any arbitration you initiate, you will pay the filing fee and Beast will pay the remaining JAMS fees and costs. For any arbitration initiated by Beast, Beast will pay all JAMS fees and costs. You and Beast agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE SITE TERMS OR OUR SITE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND BEAST WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first use the Site by emailing us at firstname.lastname@example.org . In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 10.
11 Governing Law and Venue
These Site Terms and your access to and use of our Site will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California.
12 Changes to these Site Terms
We may make changes to these Site Terms from time to time. If we make changes, we will post the amended Site Terms to our Site and update the "Last Updated" date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Site. Unless we say otherwise in our notice, the amended Site Terms will be effective immediately and your continued access to and use of our Site after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Site Terms, you must stop accessing and using our Site.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Site. We are not responsible for any loss or harm related to your inability to access or use our Site.
If any provision or part of a provision of these Site Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Site Terms and does not affect the validity and enforceability of any remaining provisions.
These Site Terms constitute the entire agreement between you and Beast relating to your access to and use of our Site. The failure of Beast to exercise or enforce any right or provision of these Site Terms will not operate as a waiver of such right or provision. The section titles in these Site Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Site Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.