ANIMALOPES TERMS AND CONDITIONS

  1. Introduction

Thank you for choosing Animalopes (hereafter: “Animalopes”, “we”, “us”, “our”, “its”). By interacting with Animalopes and its digital platforms, or otherwise using the Animalopes products, services, websites, and other physical and digital media (together, the “Animalopes Content” or “Content” or “Images”), you are entering into a binding contract with Animalopes by and through itself and its parent corporation Rendezvous Way, LLC, a California limited liability company.

Your agreement with us, both express and implied, includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, are referred to together as the “Agreements”.)  You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Animalopes products or consume any Content.

  1. Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Content or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Content after the changes have been made will constitute your acceptance of the changes.

  1. Rights We Grant You

The Animalopes Content are the property of Animalopes or Animalopes's licensors. We grant you a limited, non-exclusive, revocable license to make use of the Animalopes Content, and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or Animalopes. You promise and agree that you are using the Content for your own personal, non-commercial use and that you will not redistribute or transfer the Animalopes Content.

All Animalopes trademarks, service marks, trade names, logos, domain names, and any other features of the Animalopes brand (“Animalopes Brand Features”) are the sole property of Animalopes and/or its licensors. The Agreements do not grant you any rights to use any Animalopes Brand Features whether for commercial or non-commercial use.  You agree to abide by our guidelines and not to use the Animalopes Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Animalopes grants no right, title, or interest to you in the Animalopes Content.

  1. Rights You Grant Us

From time to time, Animalopes may accept user submissions and/or allow users of Animalopes’ digital and physical media platforms to upload content, make comments, provide feedback or otherwise provide their own content to Animalopes.  In consideration for the rights granted to you under the Agreements, you grant us the right (1) to utilize freely and without the need for licensing any and all such user-provided content, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.  Any part of the Animalopes Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by Animalopes may contain advertising as part of the Content. In such cases, Animalopes may at its discretion make such Content available to you unmodified.  If you provide feedback, ideas or suggestions to Animalopes in connection with the Animalopes Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Animalopes to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.  Any user submitted content which becomes modified for use by Animalopes shall be deemed the sole and exclusive property of Animalopes, without limitation.

  1. User Guidelines

Animalopes respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Animalopes Content.

The following is not permitted for any reason whatsoever:

  • copying, redistributing, reproducing, transferring or displaying to the public, any part of the Animalopes Content, or otherwise making any use of the Animalopes Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Animalopes Content or any part of it;
  • circumventing any technology used by Animalopes, its licensors, or any third party to protect the Content;
  • selling, renting, sublicensing or leasing of any part of the Animalopes Content;
  • circumventing any territorial restrictions applied by Animalopes or it licensors;
  • removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Animalopes Content;
  1. Infringement and Reporting Infringing Content

Animalopes respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Animalopes’ copyright policy. If Animalopes is notified by a copyright holder that any Content infringes a copyright, Animalopes may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Animalopes with a request to restore the removed content.

If you believe that any Content does not comply with the User guidelines, please contact us directly.

  1. Term and Termination

The Agreements will continue to apply to you until terminated by either you or Animalopes. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Animalopes may terminate the Agreements or suspend your access to the Animalopes Content at any time, including in the event of your actual or suspected unauthorized use of the Animalopes Content, or non-compliance with the Agreements. This section will be enforced to the extent permissible by applicable law.

  1. User Privacy and Data

Animalopes will at all times maintain the integrity of its information systems, such that it will make all available efforts to coextensively maintain the privacy and data of its individual users, as well as the privacy of any person accessing Animalopes’ digital or physical media or other Content.  To that extent, Animalopes will not retain any personal data or information for any such private user of its Content, without the express written permission of such user in advance.  Animalopes will not retain any credit card, debit card, bank account or other information provided by any user after completing any authorized transaction.  Such information will only be utilized for as long as necessary to complete a given authorized transaction.

  1. Refund Policy

Animalopes is committed to 100% user and customer satisfaction.  For any users of Animalopes Content that are less than 100% satisfied with the content, service, presentation, delivery or execution of any product which Animalopes deems to be its own Content, upon the tendering of any such demand or request for reimbursement, Animalopes will provide such reimbursement to the requesting user of the Content at its own cost and expense, without question or further expense to the user.

  1. Warranty and Disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST CONTENT WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE ANIMALOPES CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE ANIMALOPES CONTENT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANIMALOPES AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST ANIMALOPES MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (15.2.1) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

  1. Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Animalopes, the Agreements constitute all the terms and conditions agreed upon between you and Animalopes and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.  Please note, however, that other aspects of your use of the Animalopes Content may be governed by additional agreements. That could include, for example, access to the Animalopes Content as a result of a gift card or other prior payment form.

  1. Severability and Waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Animalopes or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Animalopes’s or the applicable third party beneficiary’s right to do so.

  1. Assignment

Animalopes may assign the Agreements or any part of them, and Animalopes may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

  1. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Animalopes harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any Content; (3) any activity in which you engage on or through the Animalopes digital or physical media; and (4) your violation of any law or the rights of a third party.

  1. Choice of Law, Mandatory Arbitration and Venue

15.1 Governing Law / Jurisdiction

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles.

Further, you and Animalopes agree to the jurisdiction of the Central District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 24.2.1.

15.2 Arbitration Agreement

This Arbitration Agreement applies only to users in the United States.

15.2.1 Dispute Resolution and Arbitration

You and Animalopes agree that any dispute, claim, or controversy between you and Animalopes arising in connection with or relating in any way to these Agreements or to your relationship with Animalopes as a user of its Content (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Animalopes further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

15.2.2 No Class Or Representative Proceedings: Class Action Waiver

YOU AND ANIMALOPES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Animalopes agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.  Any arbitration between you and Animalopes will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Animalopes agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above).

  1. Contact Us

If you have any questions concerning the Animalopes Content or the Agreements, please contact Animalopes Customer Service by visiting the About Us section of our website.

Thank you for reading our Terms. We hope you enjoy Animalopes!

Entity information: Rendezvous Way, LLC, d/b/a Animalopes – 619 Knight Way; La Canada, CA 91011; USA