Terms of Service
Terms of Service
Effective: December 12th, 2016
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT (“TOS”) CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (http://homefurkeeps.org), YOU HEREBY AGREE TO BE BOUND BY THIS TOS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE — USER, INFLUENCER, CLIENT, OR PROSPECTIVE CLIENT TO READ THIS TOS BEFORE PROCEEDING TO — USE THIS WEBSITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TOS, THEN DO NOT ACCESS OR — USE OUR WEBSITE OR SERVICES. THIS TOS REQUIRES THE — USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Acceptance of the Terms of Service
The following TOS is a legally-binding agreement that shall govern the relationship with our registered users (“foster”, “adopter”, “member”, “volunteer”) and others which may interact or interface with Home Fur Keeps (“Home Fur Keeps”) located at 18723 Via Princessa Ste. 211, Santa Clarita, CA 91387 and our subsidiaries and affiliates, in association with the use of the Home Fur Keeps website, which includes http://homefurkeeps.org (the “Website”), and its Services, which shall be defined below.
Should you disagree with some of the provisions herein, you can either leave the Website (although we’ll be sad to see you go!), or contact us at firstname.lastname@example.org.
Changes to the Terms of Service
Home Fur Keeps shall reserve the right, at any time it may deem fit, to change, modify, add, or discontinue portions of this TOS at any time, whether temporarily or permanently, with or without prior notice. If we do this, we will post the changes to this TOS on this page. Your continued use of the Website or Services after any such changes constitutes your acceptance of the revised TOS. We shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. If you do not agree to abide by this TOS or any future revised Terms of Services, you may opt out of our Services at any time by sending an email to email@example.com. It is your responsibility to regularly review this TOS.
Accessing the Website, Security and Privacy
To register and become a “member” of the Website, you must be at least eighteen (18) years of age to enter into and form a legally-binding contract. Additionally, you must be in good standing and not an individual that has been previously barred from receiving Home Fur Keeps’ Services under the laws and statutes of the United States or other applicable jurisdiction.
To access certain features of the Website you have to register by entering your email address and choosing a password as part of our security procedures. When you register, Home Fur Keeps may collect information such as your name, email address, birth date, gender, social media account usernames, mailing address, phone number, occupation, animal information, and animal experience.
Furthermore, the User hereby acknowledges, understands, and agrees to:
furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Home Fur Keeps will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the TOS, including if, in our opinion, you have failed to comply with any provision of this TOS.
We are working hard on improving Home Fur Keeps, but we can’t guarantee the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to Users. In any case, we will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period, nor for any data loss.
Member Account, Password And Security
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any User(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS.
It shall be your responsibility to notify Home Fur Keeps immediately, at firstname.lastname@example.org, if you notice any unauthorized access or use of your account or password or any other breach of security. Home Fur Keeps cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Service Description and Usage Terms
Home Fur Keeps offers a service on the internet (“Services”) which allows Users who register and become approved as a General Member, Foster, Adopter, and/or Volunteer to create animal listings for animals in need, network homeless animals, search for fosters and/or adopters, and coordinate rescues. This may include transportation of animals and supplies. All animal postings must comply with the guidelines set forth by Home Fur Keeps.
By using the Services as a User, you grant us the right to use your name, image and likeness to promote you on our Platform and to be included on lists of Users who use the Service on our Website and elsewhere. By using the Services as a Client, you grant us the right to use your company name and publish your successful campaigns on our Website, social media accounts, and elsewhere.
Intellectual Property Rights and Content Guidelines
The Website and its original content, features and functionality, are owned by Home Fur Keeps and are protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws.
The Website and its Services includes a combination of content created by us, or provided to us by our Users. All the content, and other information either displayed on, transmitted through, available for download, or otherwise used in connection with the Website and its Services, including but not limited to information, text, photographs, graphics, written posts and comments, images, illustrations, software, animations, audio or video clips, html, source and object code, data or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks, and all intellectual property rights contained therein (collectively, the “Content”) is owned by us unless stated otherwise.
All Content added, created, uploaded, submitted, distributed, or posted to the Website by Users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.
Subject to the terms of this TOS, Home Fur Keeps grants you a non-transferable, non-exclusive, non-sublicensable license to use the Website and its Services whereby the User can offer services to Home Fur Keeps and its members, including but not limited to fostering, adopting, volunteering, transporting, and training. Home Fur Keeps and its suppliers reserve all rights not granted in this TOS.
You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with this TOS. Prohibited uses include violation of laws and regulations or hacking the Website in any manner. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by this TOS is a breach of this TOS and can lead to account termination.
The rights granted to you in this TOS are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or its Services; (b) you shall not access the Website or its Services in order to build a similar or competitive service; (c) harass or interfere with another User’s use and enjoyment of the Website or its Services; or (d) use any proxy to pretend you are from a geographic region different from your real location. You agree that if Home Fur Keeps finds that you violate any of these restrictions you will no longer be welcome as a Member on our Platform.
Representations and Warranties
Code of Ethics. Member shall (i) produce original work for every animal listing, never plagiarizing others; (ii) disclose all potential conflicts of interest in each post, as well as in the contents of your social media posts.
Other Representations and Warranties. User shall not (and shall not give anyone else authority to) (a) submit Animal Listings that (i) User knows is inaccurate, untruthful, or misleading; (ii) constitutes unsolicited advertising (“spamming”); (iii) infringes any patent, copyright, trade secret, or violates any law or contractual duty.
HOME FUR KEEPS DOES NOT PROMISE OR GUARANTEE THAT YOU WILL SUCCESSFULLY FIND AN ADOPTER OR FOSTER THROUGH OUR PLATFORM. But we will certainly strive to do our best.
User Content Guidelines
(a) User shall not encourage offensive content in their profiles, animal listings, and forums (i.e., drug abuse, pornography, underage drinking, animal abuse, etc.).
(b) Influencer shall not post anything that is unlawful, threatening, harassing, abusive, or intentionally misleading.
(c) Users shall not make unauthorized claims about products or services to satisfy others. All postings must be honest and truthful.
(d) User shall not post anything that intends to harm or insult Home Fur Keeps nor its Members.
(e) Users shall not participate in discussions that promote hate speech.
(f) Users shall only make factual statements that can be verified. If you cannot personally verify the re-homing of an animal, an account of the animal’s past, or specific details of a rescue effort, do not offer commentary.
You acknowledge that Home Fur Keeps may or may not pre-screen User Content, but that Home Fur Keeps shall have the right (but not the obligation) in its sole discretion to pre-screen and refuse any User Content. Home Fur Keeps also possesses the right to stop any animal listing or forum discussion in progress deemed a violation of this TOS.
As soon as an animal listed on Home Fur Keeps has successfully been pulled through Home Fur Keeps or one of its verified members, we will use the raised pledges to pay for medical expenses, transportation, and supplies. Rather than potentially putting money into the wrong hands, Home Fur Keeps will personally pay the vet bill, as well as other costs associated with that animal. However, Home Fur Keeps may send supplies to its fosters and adopters. It is your responsibility to ensure your mailing address is correct and updated when necessary. Home Fur Keeps will not be responsible for any supplies or payments sent to the wrong mailing address.
If an animal has a listing on Home Fur Keeps, but is successfully pulled by an outside party that is not affiliated with Home Fur Keeps, we will reach out to the puller to see if we can help with medical expenses. Otherwise, all pledges will be transferred to the next animal in need.
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Website that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services. Home Fur Keeps will treat any Feedback you provide to us as non-confidential and nonproprietary.
You agree that you will not submit to Home Fur Keeps any information or ideas that you consider to be confidential or proprietary.
Third Party Websites; Other Users
Third Party Websites
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website or Service users or Third Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Each User is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy or quality of any User Content. Your interactions with other Website or Service Users are solely between you and such User. You agree that Home Fur Keeps will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved.
Law and Copyright Infringement
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose User identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless Instant Plugs from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
A physical or electronic signature of the individual that is authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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; Your physical address, telephone number, and email address; A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agent, or the law; 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 owner of an exclusive right that is allegedly infringed. The notice should be addressed to email@example.com, or via snail mail to Home Fur Keeps, c/o Copyright Agent, 18723 Via Princessa Ste. 211, Santa Clarita, CA 91387.
Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of Home Fur Keeps is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, which may include, but not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of the Website may submit, post, modify, transmit or otherwise make available through our Services, the use of Instant Plugs Services or your connection with these Services, your violations of the TOS and/or your violation of any such rights of another person. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Commercial Reuse of Services
The User herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Home Fur Keeps’ Website.
Limitations on Damages
In no event shall Home Fur Keeps or any of its affiliates, employees, agents, content providers, suppliers, or licensors be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, consequential, special, incidental, exemplary, or punitive damages (including lost savings or profit, lost data, business interruption or attorney’s fees) even if notified in advance of such possibility, including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, you agree that we are not liable for any amount exceeding the amounts owed to you for successful ADVERTISING services that comply with the terms and conditions herein. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Home Fur Keeps is not responsible for changes or variations in the layout or content of its Website or Services. In the interest of our Members, Home Fur Keeps puts forth its best efforts to ensure that all information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Website or Services to become outdated without our immediate knowledge. Consequently, Home Fur Keeps will not be held responsible for product revision changes. Furthermore, Home Fur Keeps reserves the right to make any changes or revisions to the Website or Services with or without notice and reserves the absolute right to determine or restrict any content on the Website or Services, including User Content.
As a member of Home Fur Keeps, you may cancel or terminate your account, associated email address, and/or access to our Services by submitting a cancellation or termination request to firstname.lastname@example.org.
As a member, you agree that Home Fur Keeps may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your account and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline; by way of requests from law enforcement or any other governmental agencies; the discontinuance, alteration and/or material modification to our Services, or any part thereof; unexpected technical or security issues and/or problems; any extended periods of inactivity; any engagement by you in any fraudulent or illegal activities; and/or the nonpayment of any associated fees that may be owed by you in connection with your account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with Home Fur Keeps shall include any and/or all of the following: the removal of any access to all or part of the Services offered within http://homefurkeeps.org; the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account,or any part thereof; and the barring of any further use of all or part of our Services.
Governing Law And Jurisdiction
It is at the mutual agreement of both you and Home Fur Keeps with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Home Fur Keeps, shall be filed within the courts having jurisdiction within the County of Los Angeles, California or the U.S. District Court located in said state. You and Home Fur Keeps agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability
Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Home Fur Keeps and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the TOS). If any provision of this TOS is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOS will continue in full force and effect.
In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
This TOS, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and Home Fur Keeps and govern your use of its Website and Services, superseding any prior agreements that you may have with us. The section titles in this TOS are for convenience only and have no legal or contractual effect. Your relationship to Home Fur Keeps is that of a volunteer, and neither party is an agent or partner of the other.
Statute of Limitations
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within five (5) years after said claim or cause of action arose or shall be forever barred.
By utilizing the service provided by Home Fur Keeps, each foster-care provider acknowledges and agrees that:
1. Home Fur Keeps offers a service that contains a database of animals in need of a foster or adopter. Home Fur Keeps does not own an interest in, and is not affiliated with or the agent of any animal shelters;
2. Home Fur Keeps does not own, have custody of or screen for health, behavior or other issues any of the pets which are offered or placed by a shelter with a foster family;
3. Each foster-care provider assumes and is solely responsible for the obligation to independently determine whether they are an appropriate caregiver for the animal they wish to adopt or foster, and hereby waives and releases any claim of liability against Home Fur Keeps and its principals, employees, and agents related to or arising out of the placement of an animal with such foster-care provider.
Please report any and all violations of this TOS to Home Fur Keeps as follows:
Home Fur Keeps
18723 Via Princessa Ste. 211
Santa Clarita, CA 91387
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More About Us
We provide the “network” that brings the community together to save more lives. The struggle continues every day to fight for the abandoned, the neglected, and the abused. We truly believe that the power of togetherness will shake up the animal rescue community and motivate positive change.