Dated January 1, 2012

KumpiLove.com Terms of Use Agreement

Welcome to KumpiLove.com, a blog and fan website for people who feed Kumpi® pet food to their pets, to write and share stories about their pets, and to use and email KumpiLove.com features, content, or applications offered from time-to-time on KumpiLove.com. The KumpiLove.com website and service (collectively, “Website”) is owned and operated by Maximus Ventures, a Texas company (collectively, “us,” “we,” or the “Company”). By using the Website you agree to be bound by these Terms of Use (this “Agreement”) whether you are a “Visitor” (which means that you simply browse the Website) or you are a “User” (which means that you have submitted content to KumpiLove.com).

If you wish to become a User and make use of the Website, including but not limited to its Story Submissions, Photo Submissions, Poll Voting, Commentaries and other services available on the Website from time to time, carefully read these Terms of Use. If you object to anything in this Agreement or the KumpiLove.com Privacy Policy, do not use the Website. The Terms of Use are subject to change by KumpiLove.com and the Company at any time, effective upon posting on the Website, and your use of the Website after such posting will constitute acceptance by you of such changes.

1. Acceptance of Terms of Use Agreement.

(a) Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website. This Agreement may be modified by KumpiLove.com and the Company from time-to-time, such modifications to be effective upon posting by KumpiLove.com on the Website. This Agreement includes the Company’s Acceptable Use Policy for content posted on the Website, the Company’s Privacy Policy posted separately on the Website, and any notices regarding the Website. By becoming a User, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

(b) Electronic Form. By becoming a User, you consent to have this Agreement provided to you in electronic form.

(c) Non-Electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail request to support@kumpilove.com and include your mailing address.

(d) Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form by notifying us via e-mail to support@kumpilove.com.

(i) Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Website unless, and until, the Company issues you a new username and password. We will only issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.

(ii) Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to support@kumpilove.com.

(iii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.

(e) Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any website or Internet fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. The Company is not and shall not be liable in any way to any Visitor or User who is or becomes unable to access the Website. The Company does not, in any way, guarantee continuous access to the Website. Access to the Website can be disrupted or terminated by the Company at any time and for any reason without liability to any party, including but not limited to any Visitors or Users.

2. Eligibility.

Use of this Website is void where prohibited. KumpiLove.com is intended for people who are fourteen (13) years of age or older. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. By using the Website, you represent and warrant that (a) all information 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 Website does not violate any applicable law or regulation. Your Use of the site may be terminated without warning if we have any reason to believe that you are under 13 years of age or if we have any reason to believe that you do not meet all Eligibility requirements or are causing harassment of others.

3. Use of the Site. 

You may become a User of the Website at no cost. As a User, you will have the ability to participate in all of the features and applications available to Users within the Website that are free. You acknowledge that KumpiLove.com reserves the right to charge for the Website, or any portion of the Website, and to change its fees from time-to-time in its discretion. If KumpiLove.com terminates your Use of the Site because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of any fees that you may have paid. You acknowledge that KumpiLove.com may offer additional services and/or products that are not free and you are responsible for payment of any such use of services and/or purchase of products. Failure to pay for services or products ordered by you shall be grounds for termination of your Use of the Site.

4. Term.

This Agreement will remain in full force and effect while you use the Website and/or are a User. KumpiLove.com may terminate your Use of the Site at any time, for any reason, by sending notice to you at the email address you provide in your Content Submission, or such other email address as you may later provide to KumpiLove.com. All decisions regarding the termination of use of the site by the Company shall be made in the sole discretion of the Company. The Company is not required to provide you notice prior to terminating your Use of the Site. The Company is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

5. Non-Commercial Use by Users.

The Website is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Users and should not use the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of the Company, which may be revoked at any time, for any reason, in the Company’s sole discretion.

6. Account Security.

You are responsible for maintaining the confidentiality of the password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify KumpiLove.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company will not be liable, in any way, for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

7. Your Interactions with Other Users.

You are solely responsible for your interactions with other Users. You understand that the Company does not in any way screen its Users, nor does the Company inquire into the backgrounds of its Users or attempt to verify the statements of its Users. The Company makes no representations or warranties as to the conduct of Users or their interactions with any current or future Users. In no event shall the Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users of this Website or persons you meet through this Website. You agree to take reasonable precautions in all interactions with other Users of the Website, particularly if you decide to meet offline or in person. You should not provide personally identifying information or your financial information (for example, your credit card or bank account information) to other Users. If you become aware of misuse of the Website by any person, please send an email to support@kumpilove.com with “Report Abuse” in the subject.

8. Content on KumpiLove.com.

(a) Proprietary Rights. The Company owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Website, but not owned directly by the Company, are those of their respective authors and Users, and should not necessarily be relied upon. Such authors and Users are solely responsible for such content. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will the Company or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.

9. Content Posted by You on KumpiLove.com.

(a) You are solely responsible for the Content that you publish, submit for publishing, or display (hereinafter, “post”) on the Website, or transmit to other Users. You will not post on the Website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, racially offensive, personal information or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other User or Visitor. If information posted on the Website, or provided to another User, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change by sending an email to support@kumpilove.com.

(b) You understand and agree that KumpiLove.com may review and delete any content, photos, articles, or commentaries (collectively, “Content”), in each case in whole or in part, that in the sole judgment of KumpiLove.com violate this Agreement or which might personally identify any person or entity or be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users and Visitors.

(c) By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by the Company will not infringe or violate the rights of any third party. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the KumpiLove.com servers after you have removed the Content from the Website, and KumpiLove.com retains the rights to those copies.

(d) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the account of such violators. It includes, but is not limited to, Content that:

is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

provides personal information for yourself or others such as full name, address, phone number, social security number, place of business, school, etc.;

contains nudity;

includes a photograph of another person that you have posted without that person’s consent;

harasses or advocates harassment of another person;

involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

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 manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

engages in commercial activities and/or sales without our prior written consent such as sweepstakes, barter, advertising, and pyramid schemes.

(e) Your use of the Website, including but not limited to the Content you post on the Website, must be in accordance with any and all applicable laws and regulations.

(f) You may not post anywhere on the Website, including but not limited to your Comments, and Submitted Stories and Photos, any personally identifiable information, including but not limited to telephone numbers, street addresses, last names, URLs or email addresses.

(g) You may not engage in advertising to, or solicitation of, other Users. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Website or to attend parties or other social functions or networking for commercial purposes. Although the Company cannot monitor the conduct of its Users off the Website, it is also a violation of these rules to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.

(h) All information you include in your Submittal must be accurate and not in violation of any terms set forth in this Agreement.

(i) You will not post photographs of another person without that person’s consent.

10. Prohibited Activities.

The Company reserves the right to investigate and terminate your Use of the Site if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website:

You will not use or participate in any activity that is criminal or tortuous, including child pornography, fraud, illegal drug dealing, sexual solicitations, gambling, trafficking of obscene or violent material, or theft in any form.

You will not impersonate any person or entity.

You will not “stalk” or otherwise harass any person.

You will not express or imply that any statements you make are endorsed by the Company without our specific prior written consent.

You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

You will not remove any copyright, trademark or other proprietary rights notices contained on the Website.

You will not interfere with or disrupt the Website or the site or the servers or networks connected to the Website.

You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website.

You will not “frame” or “mirror” any part of the Website, without the Company’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to the Company or the Website in order to direct any person to any other website for any purpose.

You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so.

You will not cover or obscure any banner advertisements on any Website page via HTML/CSS or any other means.

11. Customer Website.

KumpiLove.com provides assistance and guidance through its support department during normal business hours on normal business days. When communicating with our support department you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your use of the site.

12. Modifications to Website.

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

13. Blocking of IP Addresses.

In order to protect the integrity of the Website, the Company reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.

14. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please email support@kumpilove.com with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You may also choose to send written notice to Maximus Ventures, P.O. Box 2342, Tomball, TX  77377 – USA.

15. User Disputes.

You are solely responsible for your story content, posted photos, comments, submitted articles, and interactions with other Users. The Company reserves the right, but has no obligation, to monitor disputes and communications between you and other Users.

16. Privacy.

Use of the Website is also governed by our Privacy Policy that can be found on the Website and is specifically incorporated herein by reference.

17. Disclaimers.

The Company is not responsible for any incorrect or inaccurate Content or personal information posted on the Website or in connection with the Website, whether caused by Users of the Website, Visitors, authors of content, or by any of the equipment or programming associated with or utilized in the Website. The Company is not responsible for the conduct, whether online or offline, of any Visitor to the Website or User of the Website. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Visitors and/or Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will the Company or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website, any Content posted on the Website or transmitted to Users, or any interactions between Visitors or Users of the Website, whether online or offline. The Website is provided “AS-IS” and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Website.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional veterinary, financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or veterinary advice, you should consult with an appropriately trained and qualified specialist.

18. Links.

The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or Websites available on or through any such site or resource.

19. Limitation on Liability.

WITH THE EXCEPTION OF JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL THE COMPANY 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 WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’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 THE COMPANY FOR THE WEBSITE DURING YOUR USE OF THE SITE.

20. Jurisdiction and Choice of Law.

If there is any dispute arising out of the Website, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, Harris County, City of Tomball, for the resolution of any such dispute. Either the Company or you may demand that any dispute between the Company and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Houston, Texas.

JURY WAIVER. YOU AND THE COMPANY (BY YOUR ACCEPTANCE HEREOF) HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) BETWEEN OR AMONG YOU AND THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THIS DOCUMENT, THE WEBSITE, OR ANY RELATIONSHIP BETWEEN YOU AND THE COMPANY. THIS PROVISION IS A MATERIAL INDUCEMENT TO THE COMPANY’S AGREEMENT TO PROVIDE THE WEBSITE FOR YOUR USE.

21. Release and Indemnity by You.

You hereby release the Company, its parent company, subsidiaries, affiliates, officers, agents, and other partners and employees from any and all claims, demands and causes of action that you have or may have in the future relating to or arising from your use of the Website. You further agree to indemnify, defend and hold the Company, its parent company, subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website and/or any breach of your representations and warranties set forth above.

22. No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

23. Other.

This Agreement contains the entire agreement between you and the Company regarding the use of the Website. All section titles in this Agreement are for convenience only and have no legal or contractual effect. 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 email support@kumpilove.com with any questions regarding this agreement.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

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