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Terms of agreement, services and Conditions of Use of ProtoKitty and Rhonda’s array of gifts

1  AcceptanceOf ProtoKitty and Rhonda’s array of gifts Terms and Conditions

  • Your access to and use of ProtoKitty and Rhonda’s array of gifts websites, including protokitty.com and any affiliated sites (the “Site”), protokitty.com/KittyLounge member sites, tools, services, Content (as defined below) and/or products, including your entering and shopping on the Sites and store (referred to collectively as the “Services”) is subject to this Terms of Use Agreement (this “TOU Agreement”). is subject exclusively to these Terms and Conditions. You will not use the Website or store for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website, merchandise or entering the stores or properties you are fully accepting these terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately exit the store or property and stop using the Website. BY ACCESSING, BROWSING, AND/OR USING THE SERVICES (referred to as “Use” or “Using” the Services), YOU ARE DEEMED TO ACCEPT THIS TOU AGREEMENT AND YOU AGREE TO BE BOUND BY THIS TOU AGREEMENT WITH RESPECT TO USING THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THIS TOU AGREEMENT, DO NOT USE THE SERVICES.

 

2. REVISIONS TO THE TOU AGREEMENT

  • ProtoKitty and Rhonda’s array of gifts may revise this TOU Agreement in its sole discretion. Each time changes are made to this TOU Agreement, a revised TOU Agreement will be posted on the ProtoKitty and Rhonda’s array of gifts home page. If you continue to Use the Services following the posting of a revised TOU Agreement, it will constitute your acceptance of any such changes and of the revised TOU Agreement. The most current version of this TOU Agreement will always be made available by us here. Please check this page from time to time to view the most current TOU Agreement.

 

3  Advice

  • The contents of ProtoKitty and Rhonda's array of gifts website and store do not constitute advice and should not be relied upon in making or refraining from making, any decision.

 

4  Change of Use

  • ProtoKitty and Rhonda's array of gifts reserves the right to:
    4.1  change or remove (temporarily or permanently) the Website or store or any part of it without notice and you confirm that ProtoKitty and Rhonda's array of gifts shall not be liable to you for any such change or removal and.


    4.2  change these Terms and Conditions at any time, and your continued use of the Website or entering the store following any changes shall be deemed to be your acceptance of such change.

 

5  INTELLECTUAL PROPERTY RIGHTS

  • The Services and all text, graphics, logos, button icons, images, audio, video, databases, design, codes, and software (“Content”) are intended for your personal use. ProtoKitty and Rhonda’s array of gifts is the owner of the compilation of Content that is posted on the Site. However, ProtoKitty and Rhonda’s array of gifts may not necessarily own each component of the compilation. The Content that ProtoKitty and Rhonda’s array of gifts makes available on the Site may be owned by ProtoKitty and Rhonda’s array of gifts, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content may be in the public domain and some Content may be protected by third-party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.

  • ProtoKitty and Rhonda’s array of gifts endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, use restrictions, etc.); however, ProtoKitty and Rhonda’s array of gifts can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the Site, please contact . Temsofusecontact@protokitty.com

  • All software used on the Services is the property of ProtoKitty and Rhonda’s array of gifts or our censors and protected by United States and international copyright laws. Subject to the terms of this TOU Agreement, ProtoKitty and Rhonda’s array of gifts hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to Use the Services for your personal use only. This license does not include any: (i) resale or commercial use of the Site or its Content; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site or its Content; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Services, in whole or in part. Downloading or copying Services (including the Content) for other than personal use is expressly prohibited without the prior written permission of ProtoKitty and Rhonda’s array of gifts or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Services (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of ProtoKitty and Rhonda’s array of gifts.

  • All rights not expressly granted herein are reserved.

6  INTERACTIVE SITE FEATURES AND THIRD-PARTY CONTENT

  • ProtoKitty and Rhonda’s array of gifts may provide certain interactive features, such as blogs, for the exchange of ideas and information by visitors. If ProtoKitty and Rhonda’s array of gifts provides such features, ProtoKitty and Rhonda’s array of gifts encourages you to interact with its Site, subject to the following conditions:

  • You are solely responsible for the content that you submit. You agree that all content you submit is accurate, and the use of such content will not violate this TOU Agreement or cause injury to any person or entity.

  • By posting content, you are granting ProtoKitty and Rhonda’s array of gifts (and those authorized by ProtoKitty and Rhonda’s array of gifts) a limited, non-exclusive, transferable, royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, distribute, adapt, display, publish, modify, create derivative works from, and translate such content for any educational, promotional, or other purposes without any obligation to compensate you or any other third party in any way for such use. You also grant ProtoKitty and Rhonda’s array of gifts (and those authorized by ProtoKitty and Rhonda’s array of gifts) the right, but not the obligation, to use the name that you submit with such content.

  • You will not post any content that is unlawful, harassing, discriminatory, libelous, obscene, false, inflammatory, pornographic, or that infringes on the rights of any third party.

  • You will only post content that is yours or for which you have received permission to post from the person or entity that owns the content and the related intellectual property rights.

  • You will not insert your own or a third party’s advertising or promotional content into your posting.

  • You understand that ProtoKitty and Rhonda’s array of gifts may monitor or review discussions, chats, postings, transmissions, bulletin boards, or any other postings from time to time and reserves the right, in its sole discretion, to edit or remove any content that does not comply with these conditions.

  • You understand that ProtoKitty and Rhonda’s array of gifts assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger, or inaccuracy contained in any posted information or from any failure or delay in removing such content or from your violation of the Children Online Privacy Protection Act.

 

  • You will not introduce any software viruses, worms, or other programs designed to damage software, hardware, or telecommunications equipment.

  • You agree that you will not collect information about the users of the Site or use such information for any purpose.

  • You are not under the age of 13.

  • ProtoKitty and Rhonda’s array of gifts reserves the right to monitor content or information provided by Site visitors in its sole discretion, to edit or remove any content that, in ProtoKitty and Rhonda’s array of gift’s judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. ProtoKitty and Rhonda’s array of gifts is not responsible for any user-generated content that is posted on the Site or for any failure or delay in removing such content.

7  YOUR ACCOUNT

  • If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. ProtoKitty and Rhonda’s array of gifts may sell products made for children, but it is ProtoKitty and Rhonda’s array of gift’s intention to only sell such products to adults. It is ProtoKitty and Rhonda’s array of gift’s intention to never collect or maintain information from children at the Site unless the disclosure of such information is done with verifiable parental or guardian consent.

8  ProtoKitty and Rhonda’s array of gifts PRIVACY POLICY

  • Our Privacy Policy governs the collection and use of certain information that will be obtained by us as you use the Services. Please review our Privacy Policy before you use the Services.

 

9  AUTOMATED QUERIES ARE NOT ALLOWED

  • Automated queries may never be sent by you to our Services unless ProtoKitty and Rhonda’s array of gifts has provided you with express written permission. “Sending automated queries” includes, among other things:

    1. using any software that sends queries to our Site to determine how a Website or Web-page “ranks” for various queries;

    2. meta searching”; and

    3. performing “offline” searches on the Site.

 

10  SERVICES MATERIALS

  • You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. ProtoKitty and Rhonda’s array of gifts is not responsible for any Content that you upload, download, post, email, transmit or otherwise make available or access via the Services. ProtoKitty and Rhonda’s array of gifts may not control the Content posted or collected via the Services. ProtoKitty and Rhonda’s array of gifts does not guarantee the accuracy, integrity, or quality of such Content, nor does ProtoKitty and Rhonda’s array of gifts guarantee that the products, Content, and/or Services will meet your requirements or that the use of the Services will be uninterrupted or error free. ProtoKitty and Rhonda’s array of gifts is never liable 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. It is your responsibility to ensure that any data or information submitted to ProtoKitty and Rhonda’s array of gifts to receive Services is true and accurate, and is kept up-to-date, including, without limitation, contact information and payment card number and associated information. Your use of any Content is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Content.

You agree to:

  • only Use (or attempt to Use) the Services through interfaces provided by ProtoKitty and Rhonda’s array of gifts;

  • comply with the instructions in any robots.txt file present on the Services;

  • provide all equipment that is necessary to access the Services;

  • protect the security of the password that you use to access the Services and immediately notify ProtoKitty and Rhonda’s array of gifts at termsofusecontact@protokitty.com if you believe or have reason to believe that such security has been breached;

You agree to not use the Services to:

  • engage in activity that is in violation of this TOU Agreement or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

  • harm or threaten to harm users in any manner;

  • harm or threaten to harm minors in any manner;

  • stalk or harass any person or entity;

  • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

  • infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

  • engage in activity that may interrupt, destroy, or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment;

  • disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time exchanges;

  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

  • intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;

  • use the Services to advertise or perform any commercial solicitation;

  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or

  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs.

  • You acknowledge that ProtoKitty and Rhonda’s array of gifts does not warrant or guarantee that any product descriptions or other Content on the Site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to any error, including a typographical error or error in pricing or product information received from ProtoKitty and Rhonda’s array of gift’s suppliers, ProtoKitty and Rhonda’s array of gifts has the right to refuse or cancel any orders placed for products listed at the incorrect price. ProtoKitty and Rhonda’s array of gifts has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, ProtoKitty and Rhonda’s array of gifts shall issue a credit as either instant reward points or to your credit card account both in the amount of the charge (with reward points selection you get 10% extra) as soon as reasonably possible. If you are not completely satisfied with your purchase, you may return or exchange it as described in ProtoKitty and Rhonda’s array of gift’s Return and Exchange Policy.

You acknowledge, consent and agree that ProtoKitty and Rhonda’s array of gifts may access, preserve and disclose your account or user information (if such information exists) as described in the Privacy Policy or if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU Agreement; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ProtoKitty and Rhonda’s array of gifts, its users and the public.

  • All items purchased through ProtoKitty and Rhonda’s array of gifts are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon ProtoKitty and Rhonda’s array of gift’s tender of the item to the carrier.

 

11  INTERSTATE DATA TRANSMISSIONS

  • You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  • You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ProtoKitty and Rhonda’s array of gifts and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.

  • By agreeing to this TOU Agreement, you acknowledge that Use of the Services results in interstate data transmissions because of ProtoKitty and Rhonda’s array of gift’s network architecture, business practices, and the manner in which electronic communications are processed.

 

12  INTERNATIONAL USE

  • Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

13  Links to Third Party Websites

  • ProtoKitty and Rhonda’s array of gifts Websites may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

 

14  Copyright

14.1  All copyright, trade marks and all other intellectual property rights in the Website, and store and their content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to ProtoKitty and Rhonda’s array of gifts or otherwise used by ProtoKitty and Rhonda’s array of gifts as permitted by law.


14.2  In accessing the Website, store, businesses, or property you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.


15  Disclaimers and Limitation of Liability

15.1  The Websites and stores are provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.


15.2  To the extent permitted by law, the owners, ProtoKitty and Rhonda’s array of gifts will not be liable for any direct, indirect, incidental, accidental, special or consequential loss or damages or any type of accident or incident resulting from the use or inability to use any of its services or for the cost of procurement of substitute services and whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the owners, entering or using the stores, Websites, products, or anything owned or pertaining to the owners and their families.


15.3   ProtoKitty and Rhonda’s array of gifts makes no warranty that the functionality of the Website or store will be uninterrupted or error free, that defects will be corrected or that the store, Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.


15.4  agreement

By entering our store or business or our property, or our private property or using our services, our websites, our businesses, Rhonda’s array of gifts, ProtoKitty, or having contact or purchasing any and all of our products we sell, giveaway, sample, or in any way we present, sell, or give to you, or if you participate in any of our events, surveys, contest, or any engagement at all with us means you accept our terms of agreement, conditions, and service. Meaning you will deem the owners, employers, employees, owner’s families, employers and employees families, owners and their businesses, websites, stores, property, products, personal assets, company names, copyrights, trademarks, or anything in means governed, partly or in whole, or owned or sold by the owner and anything related and pertaining to the owner and their businesses harmless, and not responsible for anything that may occur in, out, or around their store, websites, property, private property, or businesses, or products we sell, giveaway, sample, or in any way we present, sell, or give to you. And you will not sue or take any legal action against Rhonda’s array of gifts, ProtoKitty, the owners or their families, affiliates, any of their websites, stores, businesses, personal assets, property, company names, copyrights, trademarks, or anything in means governed, or partly or whole, licensed or owned or anything sold by the owner

16  Indemnity

  • You agree to indemnify and hold the owners and ProtoKitty and Rhonda's array of gifts and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against ProtoKitty and Rhonda's array of gifts arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of our Websites, doing any business with the owners and their families, entering our store or property, and anything pertaining to or governed or owned by the owners and their families. Also You agree to indemnify and hold ProtoKitty and Rhonda’s array of gifts and its affiliates, subsidiaries, officers, stockholders, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you access, submit, post, transmit, or otherwise make available through the Services, your Use or misuse of the Services, your connection to the Services, your violation of this TOU Agreement, or your violation of any rights of another.

 

17  NO RESALE OF SERVICES

  • You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by ProtoKitty and Rhonda's array of gifts in a separate agreement between you and ProtoKitty and Rhonda's array of gifts.

 

18  MODIFICATIONS TO SERVICE

  • ProtoKitty and Rhonda's array of gifts may modify, refuse to make available, remove, or discontinue, temporarily or permanently, the Services (or any part thereof) and/or delete any Content, data, materials or information stored on the Site or in the Services at any time with or without notice in ProtoKitty and Rhonda's array of gift’s sole discretion. You agree that ProtoKitty and Rhonda's array of gifts shall not be liable to you or to any third party for any such deletion, modification, suspension or discontinuance of the Services or Content.

 

19  TERMINATION

  • You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by ProtoKitty and Rhonda's array of gifts in a separate agreement between you and ProtoKitty and Rhonda's array of gifts.

 

20  ADVERTISERS

  • Your correspondence or business dealings with, or participation in promotions of, advertisers and/or companies found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or company. You agree that ProtoKitty and Rhonda's array of gifts shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or companies on the Services.

 

21  LINKS

  • The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that ProtoKitty and Rhonda's array of gifts 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 ProtoKitty and Rhonda's array of gifts 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

 

22  DISCLAIMER OF WARRANTIES

  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • THE PRODUCTS ON OUR SITE ARE INTENDED FOR PERSONAL, NOT COMMERCIAL USE, UNLESS OTHERWISE INDICATED. AS SUCH, YOU ASSUME THE RISK WHEN PURCHASING PRODUCTS FOR A COMMERCIAL OR BUSINESS USE OR APPLICATION.

  • YOUR USE OF THE SERVICES AND PRODUCTS ON THE SITE IS AT YOUR SOLE RISK. UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, THE SERVICES AND PRODUCTS SOLD ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, ProtoKitty and Rhonda's array of gifts AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.

  • UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING, ProtoKitty and Rhonda's array of gifts AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES OR OTHER MATERIALS OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE SERVICES OR ON THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR WILL BE ACCURATE OR RELIABLE; (ii) THE QUALITY OF SERVICES OR OTHER MATERIAL OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS IN THE SERVICES (INCLUDING ANY SOFTWARE) WILL BE CORRECTED.

  • ANY MATERIAL OR PRODUCTS UPLOADED, TRANSMITTED, ACCESSED, PURCHASED, OR DOWNLOADED FROM THE SERVICES (INCLUDING FROM ON THE SITE), INCLUDING, BUT NOT LIMITED TO, CONTENT, FILES, OR SOFTWARE, OR MATERIAL OR PRODUCTS OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS PURCHASED, USED, AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK; AND ProtoKitty and Rhonda's array of gifts AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO ANY COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE USE OF THE SERVICES OR UPLOAD, POSTING, TRANSMITTAL, PURCHASE, OR DOWNLOAD OF CONTENT, FILES, OR SOFTWARE OR OTHER MATERIAL OR PRODUCTS OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.

  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ProtoKitty and Rhonda's array of gifts OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU AGREEMENT.

  • A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY OR COMPANY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

23  LIMITATION OF LIABILITY

  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT ProtoKitty and Rhonda's array of gifts, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ProtoKitty and Rhonda's array of gifts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

 

24  NO THIRD PARTY BENEFICIARIES

  • This TOU Agreement is not enforceable by or for the benefit of any third party.

 

25  TRADEMARKS

  • Without ProtoKitty and Rhonda's array of gift’s prior permission, you agree not to display or use in any manner the ProtoKitty and Rhonda's array of gifts marks.

 

26  DMCA NOTICE

  • If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of ProtoKitty and Rhonda's array of gifts identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) 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, and (f) 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.

  • Notices of infringement should be directed to the following Designated Agent of ProtoKitty and Rhonda's array of gifts:

    e-mail:

    copyrightagent@protokitty.com

  • If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.

 

27  ELECTRONIC COMMUNICATIONS

  • You agree to receive communications from ProtoKitty and Rhonda's array of gifts electronically. ProtoKitty and Rhonda's array of gifts will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that ProtoKitty and Rhonda's array of gifts provides to you electronically satisfy any legal requirements that such communications be in writing.

 

28  GENERAL INFORMATION

  • Entire Agreement. This TOU Agreement constitutes the entire agreement between you and ProtoKitty and Rhonda's array of gifts and governs your use of the Services, superseding any prior agreements between you and ProtoKitty and Rhonda's array of gifts with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ProtoKitty and Rhonda's array of gifts products and/or services, affiliate services, third party content, or products, or third party software.

  • Choice of Law and Forum. This TOU Agreement and the relationship between you and ProtoKitty and Rhonda's array of gifts shall be governed by, construed, and enforced in accordance with the laws of the State of common wealth of Massachusetts , excluding its conflict of law provisions. You and ProtoKitty and Rhonda's array of gifts agree to submit to the personal and exclusive jurisdiction of the courts located within Boston, common wealth of Massachusetts common wealth of Massachusetts .

  • Waiver. The failure of ProtoKitty and Rhonda's array of gifts to exercise or enforce any right or provision of this TOU Agreement or breach of this TOU Agreement by you shall not constitute a waiver of such right or provision.

  • Severance. If any provision of this TOU Agreement is deemed to be unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objections of such provision to the greatest extent possible under applicable law and the remaining provisions of this TOU Agreement will continue in full force and effect.

  • Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOU Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

29  VIOLATIONS

 

30  Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of common wealth of Massachusetts and you hereby submit to the exclusive jurisdiction of the common wealth of Massachusetts courts.

For any further information please email webmaster- termsofusecontact@protokitty.com

 

The effective date of this TOU agreement as modified is January 1, 2014