IsACatch.com Terms of Use
IntroductionIsACatch.com and any web pages that display a direct link to these Terms of Use (collectively the "Site"), provide information and services to you and are available to all individuals, entities and programs (collectively "Users").
General
You acknowledge that the terms and conditions set forth below (the "Terms of Use"), together with IsACatch.com Privacy Statement collectively the "Terms"), govern your use of the Site and the services available on the Site. These Terms are a legal contract between you and IsACatch.com ("IsACatch.com " or "us" or "we"). By clicking on the "I Agree" button on the registration page, or by using the Site or the related services, you agree that you have read and understand these Terms and agree to be bound by them. If you do not agree to these Terms, do not click the "I Agree" button and do not use or otherwise access the Site.
Age Requirements
In order to use IsACatch.com, you must be at least 13 years of age. If you are under 13 years-old, you may not use IsACatch.com or this Web site and you are instructed to leave this Web site. If you are between the ages of 13 through 17 years-old, you may use the IsACatch.com only under the supervision and with the consent of your parent or legal guardian.
Legal Agreement Between You And IsACatch.com
These Terms of Use constitute a legal agreement between you, the user of IsACatch.com, and IsACatch.com. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use IsACatch.com. If you do not accept these Terms of Use in their entirety, you may not access or use IsACatch.com. As described below, Users who violate the Terms may be banned permanently from posting or otherwise participating within or accessing the Site.
Modification Of These Terms Of Use
IsACatch.com may wish to update or change the terms, conditions, and notices for IsACatch.com from time to time to reflect changes in to IsACatch.com, changes in the laws affecting the IsACatch.com, or for other good reasons. You understand that IsACatch.com reserves the right to make these changes and that you are responsible for regularly reviewing these Terms of Use, as posted on this Web site. Continued access to or use of IsACatch.com after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the IsACatch.com shall be subject to the Terms of Use, as modified from time to time.
Privacy And Personal Information
You may be required to register to use IsACatch.com. To set up an account, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online transactions, purchase history and usage patterns may be collected, analyzed and stored by IsACatch.com. IsACatch.com agrees that it will only use and/or disclose your personal information in accordance with the terms of the IsACatch.com Privacy Policy. The Privacy Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you may not access or use IsACatch.com. The Privacy Policy shall supersede any conflicting language in these Terms of Use.
You Are Responsible For Your Account
If you are given a password to access IsACatch.com, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify IsACatch.com immediately of any unauthorized use of your account. IsACatch.com is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Personal And Non-Commercial Use Only
You may only use the IsACatch.com for your own personal and non-commercial purposes. Each IsACatch.com account may only be used by a single user, and you may not allow or permit anyone else to use your IsACatch.com account to access the IsACatch.com.. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the IsACatch.com except as expressly provided in these Terms of Use.
Third-Party Sites
This Web site contains links to other Web sites controlled or operated by persons and companies other than IsACatch.com ("Linked Sites"). The Linked Sites are not under the control of IsACatch.com and IsACatch.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. IsACatch.com is not responsible for Web casting or any other form of transmission received from any Linked Site, nor is IsACatch.com responsible if the Linked Site is not working correctly. IsACatch.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IsACatch.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support IsACatch.com or are identified on this Web site, including the delivery of and payment for goods and services.
Prohibited Uses
You agree that you will not: (1) use IsACatch.com for any purpose that is unlawful or contrary to these Terms of Use; (2) use the IsACatch.com in any manner that could damage, disable, overburden, or impair IsACatch.com or interfere with any other party's use and enjoyment of them; (3) attempt to gain unauthorized access to any IsACatch.com account, computer systems or networks associated with the IsACatch.com; or (4) obtain or attempt to obtain any materials or information through the IsACatch.com by any means not intentionally made available or provided for.
Acceptable Use Policy
You agree to fully comply with the IsACatch.com Acceptable Use Policy. The Acceptable Use Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Acceptable Use Policy. Please carefully review the Acceptable Use Policy. If you do not accept the Acceptable Use Policy in its entirety, you may not access or use IsACatch.com.
Your Feedback and Suggestions Submitted To IsACatch.com
IsACatch.com wants your voluntary feedback and suggestions on IsACatch.com so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that IsACatch.com needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to IsACatch.com, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting IsACatch.com and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to IsACatch.com’s use of the materials contained within such feedback or suggestions. IsACatch.com is under no obligation to post or use any materials you may provide and may remove such materials at any time at IsACatch.com’s sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for IsACatch.com, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the IsACatch.com Privacy Policy.
Your Photos and other Materials Submitted to IsACatch.com
By submitting text, photos, data, or any other materials (“Your Materials”), you are giving us permission, in perpetuity, on a no-charge basis, to use the Your Materials in connection with IsACatch.com, any advertisements and promotions, and for any other purpose for which IsACatch.com to use the Your Materials. In particular, you understand and agree that by submitting any Your Materials to IsACatch.com, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting IsACatch.com and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Your Materials. These grants include the right to exploit any proprietary rights in such Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to IsACatch.com’s use of the Your Materials. IsACatch.com is under no obligation to post or use any Your Materials you may provide and may remove such Your Materials at any time at IsACatch.com’s sole discretion. You certify and warrant that any Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. This section is not applicable to any personally identifiable information that you provide in connection with your registration for IsACatch.com, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the IsACatch.com Privacy Policy.
Policy on Emailing, Blogging, Chatting
IsACatch.com may include use of an email or blog hosting account or emailing, blogging, chatting, or message board activity (individually and collectively “Email/Blog/Chat Services”). Your use of the Email/Blog/Chat Services is subject to these Terms of Use. You understand that IsACatch.com is not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Email/Blog/Chat Services, and that your use of the Email/Blog/chat Services is at your own risk. Any and all Email/Blog/Chat Services are provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. IsACatch.com is in no way liable for any claims arising from your use of any Email/Blog/Chat Services. As a condition of your use, you agree to indemnify IsACatch.com for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Email/Blog/Chat Services. IsACatch.com reserve the right, in its sole discretion and at any time: to modify or discontinue the Email/Blog/Chat Services; to limit, terminate or suspend your use of the Email/Blog/Chat Services; and to assess charges for the use of the Email/Blog/Chat Services in the future.
Warranty Disclaimer
ISACATCH.COM AND ITS RESPECTIVE SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS. ALL SUCH INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ISACATCH.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL ISACATCH.COM, ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ISACATCH.COM, WITH THE DELAY OR INABILITY TO USE ISACATCH.COM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH ISACATCH.COM, OR OTHERWISE ARISING OUT OF THE USE OF ISACATCH.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ISACATCH.COM OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ISACATCH.COM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ISACATCH.COM. In no event will IsACatch’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for IsACatch.com which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Customer Support
IsACatch.com may provide information about how to use the IsACatch.com. If you have any questions about the IsACatch.com or any problems that you would like to report, please contact us.
Technical Requirements
In order to use IsACatch.com, we recommend the hardware and software specified below. IsACatch.com is not responsible for any failure to operate IsACatch.com resulting from you not using the recommended hardware and software. PC: o Pentium III 700 mhz or higher o Windows XP or higher o Minimum 100 MB available hard drive space o Minimum 256 MB of RAM Mac: o G4 Processor or higher o Mac OS X 10.3 or higher o Minimum 100 MB available hard drive space o Minimum 256 MB of RAM Web Browser Software: Browser software built on the Mozilla rendering engine (5.0 or higher), which include: o Mozilla 1.5 or higher (Mac and PC) o Firefox 1.5 or higher (Mac and PC) o Netscape 7.0 or higher (Mac and PC) In addition to using one of the aforementioned browsers, the following features must be enabled: o Cookies o Javascript Please refer to your browser’s documentation for information on how to enable these features. Other browsers are unsupported and are not guaranteed to function or display correctly. If your browser isn’t listed above, we recommend that you use the following browsers: o Firefox (PC and Mac): http://www.getfirefox.com
Termination And Restriction Of Access
IsACatch.com reserves the right, in its sole discretion, to terminate your access to IsACatch.com or any portion thereof at any time, without notice. IsACatch.com may also terminate or suspend your access to IsACatch.com for breach of this Terms of Use or inactivity, which is defined as failing to sign in to the IsACatch.com for an extended period of time, as determined by IsACatch.com. Upon termination of your IsACatch.com account, your right to use IsACatch.com immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or IsACatch.com shall not relieve you of any obligations. IsACatch.com may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your subscription, if any.
General
These Terms of Use are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco, California, U.S.A. in all disputes arising out of or relating to the use of IsACatch.com. IsACatch.com makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IsACatch.com as a result of these Terms of Use or use of IsACatch.com. You may not assign these Terms of Use without the prior written consent of IsACatch.com. IsACatch.com may assign these Terms of Use, in whole or in part, at any time. IsACatch.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of IsACatch.com’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of IsACatch.com or information provided to or gathered by IsACatch.com with respect to such use. You agree to indemnify and hold IsACatch.com, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on IsACatch.com. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use (including the documents expressly incorporated herein by reference; namely, the Privacy Policy, the Acceptable Use Policy constitute the entire agreement between you and IsACatch.com and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and IsACatch.com. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last Updated: September 22, 2007
