Terms of Service

These Terms of Service (“Terms”) govern your access to and use of PlayPal App (“PlayPal”), including any PlayPal mobile applications, websites and channels (the “Services”), and any videos, live videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with PlayPal and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that PlayPal provides are always evolving and the form and nature of the Services that PlayPal provides may change from time to time without prior notice to you. In addition, PlayPal may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by PlayPal on the Services are subject to change. In consideration for PlayPal granting you access to and use of the Services, you agree that PlayPal and its parent, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

Privacy

Any information that you provide to PlayPal is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by PlayPal. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your PlayPal account, which you may not be able to opt-out from receiving.

Passwords

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your PlayPal account (such as your email). PlayPal cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content On the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will PlayPal be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

We may offer you the opportunity to invite your friends or contacts to view your playtimes or otherwise enjoy the Services. If you choose to invite one or more of your friends or contacts using text messaging (SMS), we may suggest content for the message. You can edit that suggested content, and if you choose to send text message invitations, those messages will be sent from the native SMS application on your device. If you do choose to send such invitations, you represent to PlayPal that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, PlayPal needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for PlayPal to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with PlayPal for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by PlayPal, or other companies, organizations or individuals who partner with PlayPal, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. PlayPal will not be responsible or liable for any use of your Content by PlayPal in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Your License To Use The Services

PlayPal gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by PlayPal as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PlayPal, in the manner permitted by these Terms.

PlayPal Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of PawsForEffect Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. PlayPal reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding PlayPal, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions On Content And Use Of The Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate users or reclaim usernames without liability to you.

You may NOT post Content that:

Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;

Is a direct and specific threat of violence to others;

Is furtherance of illegal activities; or

Is harassing, abusive, or constitutes spam.

In addition to the above mentioned restrictions you must comply with PlayPal community guidelines.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of PlayPal, its users and the public. PlayPal does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, PlayPal’s computer systems, or the technical delivery systems of PlayPal providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by PlayPal (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with PlayPal (NOTE: scraping the Services without the prior consent of PlayPal is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Copyright Policy

PlayPal respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, PlayPal will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Copyright Agent – PawsForEffect Inc.

1 Saint Francis PL #4105

San Francisco, CA 94107

Email: support@playpalapp.com

Ending These Terms

The Terms will continue to apply until terminated by either you or PlayPal as follows.

You may end your legal agreement with PlayPal at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us support@PlayPal.us

We may suspend or terminate your account(s) or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.

Nothing in this section shall affect PlayPal’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.

Disclaimers And Limitations Of Liability

Please read this section carefully since it limits the liability of PlayPal and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “PlayPal Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, PLAYPAL ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

PlayPal Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from PlayPal Entities or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PlayPal Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLAYPAL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PLAYPAL ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID PLAYPAL, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PLAYPAL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

GENERAL TERMS. Waiver and Severability

The failure of PlayPal to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in New Castle County, Delaware, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State ofDelaware (excluding choice of law).

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between PlayPal and you regarding the Services (excluding any services for which you have a separate agreement with PlayPal that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between PlayPal and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at   https://www.dropbox.com/s/dwmhced502wv0j5/PlayPal%20Terms%20of%20Service%20and%20Privacy%20Policy.docx?dl=0 If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by PawsForEffect Inc. 1 Saint Francis Place #4105, San Francisco, CA 94107. If you have any questions about these Terms, please contact us.

Effective: August 11, 2017

Privacy Policy

This Privacy Policy describes how and when PlayPal collects, uses, and shares your information when you use our Services. PlayPal receives your information through our mobile applications, websites, email notifications, and other interactions with our Services. When using any of our Services, you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Irrespective of which country you reside in or supply information from, you authorize PlayPal to use your information in the United States and any other country where PlayPal operates.

Information Collection And Use

Creating a PlayPal Account and Profile Information: When you create a PlayPal account, you must provide access credentials through the PlayPal App. If you create your PlayPal account by connecting through another service, we may use public information from that connected account to help complete your PlayPal profile. To modify or update your profile information, you must use the PlayPal App.

Contact Information: In addition to using your contact information to create your account, we may use this information to send you information about our Services, respond to your requests and facilitate your use of the Services. We may use the contact information (such as your phone number or email address) to help connect you with other PlayPal users, even if that information is not publicly displayed.

Content and other Public Information: PlayPal is a platform that allows users to view when other dogs will be at certain parks and share their own schedule as well. Most of the information you provide us is information that you choose to be made public. For your dog, this includes its photo, age, size, breed and gender. For the dog guardian, this includes your photo and first name. The park(s) and time(s) you select will also be made public. Your public information is broadly and instantly disseminated. For instance, your dog’s profile information and public Content are immediately delivered to a wide range of users and other services that access PlayPal. When you share information or Content via the Services, you should think carefully about what you are making public.

Location Information: In addition to profile information, we may add a feature that would require knowledge of your location. You may also tell us your exact location if you choose to enable your computer or mobile device to send us location information. We may use and store information about your location, to provide features of our Services, such as recommending nearby parks given your current location, and to improve and customize the Services with Content that has been tagged near your location.

Links: We may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, for example to provide relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.

Cookies: Like many websites, we use “cookie” technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services such as viewing public profiles and parks. A cookie is a small data file that is transferred to your computer’s hard disk. PlayPal may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services. Most Internet browsers automatically accept cookies. If you do not want cookies from PlayPal or other websites, you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable cookies.

Log Data: Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, view profiles and parks hosted by PlayPal, or interact with our email notifications. PlayPal uses Log Data to provide our Services and to measure, customize, and improve them. If not already done earlier, we will either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after 18 months.

Third-Party Service Providers: PlayPal uses a variety of third-party services to help provide our Services, such as hosting our various blogs and wikis, and to help us understand the use of our Services, such as Google Analytics. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address.

Information Sharing And Disclosure

Your Consent: We may share or disclose your information at your direction, such as when you choose to publicly schedule a playtime or update your profile information.

Service Providers: We engage service providers to perform functions and provide services to us in the United States and abroad. We may share your private personal information with such service providers subject to confidentiality obligations consistent with this Privacy Policy, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions.

Law and Harm: Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect PlayPal’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

Business Transfers: In the event that PlayPal is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.

Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information and public posts.

Modifying Your Personal Information

If you are a registered user of our Services, we provide you with tools and account settings to access or modify the profile information you provided to us and associated with your account. You can also permanently delete your PlayPal account by contacting us at support@playpalapp.com.

Our Policy Towards Children

Our Services are not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at armcbride1@gmail.com. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.

Changes To This Policy

We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at https://www.dropbox.com/s/dwmhced502wv0j5/PlayPal%20Terms%20of%20Service%20and%20Privacy%20Policy.docx?dl=0 If we make a change to this policy that, in our sole discretion, is material, we will notify you via an email to the email address associated with your account or through the Services. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

Effective: August 11, 2017