(Last modified and effective as of March 7, 2018)
The Companion Chronicles story project is an undertaking by the San Francisco SPCA (SF SPCA) to provide animal lovers with the opportunity to record and share their stories about the animals that have transformed them by bringing merriment, miracles, magic and meaning to their lives. Modeled—in spirit and in scope—after other oral history projects, the purpose of Companion Chronicles is to capture the power of the human-animal bond through pictures and people’s candid, unscripted written, audio and video stories about the animals who have inspired them. The collected stories represent the ideas, thoughts and views of the author(s) and do not necessarily reflect the views of the SF SPCA.
2.0 Additional Terms – UGC
3.0 Additional Terms – Posting
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY, AND THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE THIS WEBSITE, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
The San Francisco Society for the Prevention of Cruelty to Animals, its sponsors, suppliers, agencies, and affiliates, and each of their respective officers, directors, employees, and agents may also be referred to individually and/or collectively as “we”, “us” or “our,” and we will refer to users of this Website, our features, functions and services individually and/or collectively as “users”, “you” or “your” to make reading these materials easier.
When you see the word “use” or “using” we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through this Website, for any purpose, or if you try to do any of these things.
WHO OWNS THE INTELLECTUAL PROPERTY AND OTHER CONTENT RIGHTS
This Website and, except as described below, all Content, is either the property of the SF SPCA or the property of our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners, and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when we use “Content” it includes, but isn’t limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, ‘look and feel’ and arrangement of items and all copyrightable or otherwise legally protectable elements of this Website.
Please note that even if your account is terminated, we and any third-party partners who had access to such Content prior to termination may indefinitely retain all Content uploaded by your account at any time prior to the termination date. We have no obligation, however, to retain any Content and may, in our sole discretion, decide to delete any Content from the Website. As such, we advise you to save or back up any Content that you have uploaded to your account.
You may only use our Content and Content of other users for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
LINKS TO OTHER SITES
ANY LIABILITY WE MAY HAVE IS LIMITED
THIS WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, LIKELY RESULTS, RELIABILITY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. WHILE THE WEBSITE MAY BE ACCESSIBLE WORLDWIDE, WE MAKE NO REPRESENTATION THAT IT IS APPROPIRATE OR AVAILABLE FOR USE IN ANY SPECIFIC LOCATION, AND ANY OFFER OF THE WEBSITE IS VOID WHERE PROHIBITED BY LAW.
YOU ARE INDEMNIFYING US OF YOUR BREACH
2.0 ADDITIONAL TERMS – USER GENERATED CONTENT (UGC)
YOU GIVE US SOME RIGHTS, BUT UGC IS YOUR RESPONSIBILITY
When you Post UGC you grant us an irrevocable, unconditional, worldwide, royalty-free right and license to use, distribute, modify, adapt and publicly display the UGC you Post, on or in connection with this Website and we can use it to create compilations, adaptations and derivative works. You also understand and agree that other users and third parties may be able to obtain copies of UGC you Post and that we cannot and do not control them or what they may do or attempt to do with UGC you Post. Consequently, we cannot and do not accept or have any liability or obligations to you with respect to any UGC you Post and you do so at your own risk.
3.0 ADDITIONAL TERMS – POSTING
This Website may provide you with an opportunity to submit, provide, furnish, transmit, make available, exchange, communicate, share and/or display Content to us and/or to other users (referred to as a “Post” or “Posting”). Sometimes we provide specific areas on this Website where you can Post information about yourself and others, communicate or upload Content such as photographs or audio-visual works. Posting includes not just Content in the form of files or material you upload to this Website, but also any messages or information you may send in the form of emails, text, SMS, and instant messages (IM), comments, advice, opinions and ideas, as well as information available as a result of your participation in chat rooms, forums and similar areas of this Website where you may be exchanging information and communicating with others. You should understand we intend the terms “Post” and “Posting” and any variations of these words to be construed as broadly as possible and when we use the term “Content” it includes all of these things and anything else you might Post.
WE CAN USE YOUR POSTINGS
You authorize us to use your Post, in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter discovered or developed, alone or together, in compilations or combinations, as part of other Content of any kind or nature and in any manner of our choosing, without notice or attribution. You have no right to require and we have no obligation to pay any fees, charges or royalties for our use or exploitation of your Post and we reserve the right to delete your Posting at any time and in any manner we choose.
DON’T POST PERSONAL INFORMATION
You should never Post personal information because, as we note above, anything you Post or that is Posted through the use of your user account (e.g., if you allow others to use your user account or you fail to protect the confidentiality of your user account) may be seen and obtained by others and is or may become publicly available. Postings on this Website may appear on other websites or when someone uses search technology looking for subjects related to or about a Posting. Never assume what you Post will be kept confidential or that other users or third parties will not be able to see or obtain access to your Posts. Neither you nor we can control who may see or obtain Posts. Nor do we control or know what they may do with Postings or for what purpose they may be used. While we ask you not to Post or share personal information, if you decide to do so anyway, we urge you to exercise discretion and caution, because you should always assume personal information you Post is and will become publicly available and you Post personal information at your own risk.
We should also point out that no communications, especially those over the Internet and using the facilities of the World Wide Web, including this Website, can be guaranteed to be secure, and at the risk of repetition, you should assume any personal information you share, whether by Posting or otherwise, may be seen and read (and possibly used) by others who you do not know and you do not intend to have it or use it.
When Posting, you must provide accurate and truthful information about yourself and avoid, being deceitful or Posting false or misleading information, expressly or by implication or omission. If information you previously Posted becomes outdated or changes, it’s up to you to promptly correct the Post or Post a correction, to avoid misleading or being deceptive to others on this Website.
WE AREN’T RESPONSIBLE FOR YOUR POSTINGS
We aren’t responsible, liable or accountable for Posts. We generally don’t screen or edit user Posts, although we reserve the right to do so and we may start, stop or decide to do so, for a particular reason or for no reason at all, at any time and from time to time in our sole discretion, without notice. We don’t endorse or support any particular opinion, recommendation, information, advice or anything contained in or that might be inferred from a Post. We certainly cannot and do not vouch for or guarantee the accuracy, validity, integrity or quality of any Posting and we cannot ensure that harmful, inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable Postings will not appear on this Website. By providing you and others with the ability to Post, this Website is a passive conduit and we neither undertake nor accept any obligation or liability relating to any Posting or the activities of users.
DON’T RELY ON POSTED CONTENT
While we don’t assume our users intentionally Post inaccurate, false or misleading Content, neither we nor you can ever check the qualifications of those who Post, nor is there any way to know if Postings are made for entertainment or other purposes. Certainly, no online user could ever possibly Post Content relevant to your own personal circumstances or situation and you should never rely on any Postings in making decisions or taking or failing to take specific actions, especially those that could have an effect on you or anyone else. If you have specific concerns or circumstances arise in which you need professional financial, medical or other guidance and advice, you should always consult with a trained and qualified specialist.
TERMINATION OF YOUR RIGHTS
You may never yourself, Post or use, allow or enable others to Post, use this Website or knowingly condone use of this Website to do or attempt to:
violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise;
engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive in a manner we or others might find inappropriate, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
impersonate any other person, firm or enterprise or any of our or their employees and agents;
use this Website for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful Content, or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including our Website;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of this Website, Posts or any other rights or use and enjoyment of this Website by any other person, firm or enterprise;
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;
engage in any activity or fail to report any activity involving SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes; or
use this Website or any Content, including Posts, for commercial or business purposes, including advertising, marketing, selling or offering goods or services, whether or not for financial benefit or other form of compensation or consideration or by linking with any other website or web pages.
If you believe that any Posting (or any Content on our Website) contains elements that infringe any copyright of yours or anyone else’s, we will act expeditiously to remove infringing Content when we receive notice, as described below, and we will use reasonable efforts to disable use of our Website by anyone who repeatedly infringes the rights of others. To notify us if you believe infringing Content is Posted on this Website, please follow the procedures set forth below in our Notice and Procedure for Making Claims of Copyright Infringement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.
Written notification must be submitted to the following Designated Agent in accordance with the Digital Millennium Copyright Act:
San Francisco SPCA
201 Alabama Street
San Francisco, CA 94103-4217