The information available through the Site is provided solely for informational purposes on an “as is” basis at the user’s sole risk. Misfit Animals makes no guarantees as to the accurateness, quality, or completeness of the information, and Misfit Animals shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. User is solely responsible for verifying the information as being appropriate for user’s personal use.
4. Intellectual Property
Your Limited License to our Intellectual Property
Misfit Animals Trademarks and Logos
The terms Misfit Animals, www.misfitanimals.com, and other Misfit Animals trademarks and services marks, and all related names, logos, product and service names, designs, and slogans, are trademarks of Misfit Animals or its affiliates or licensors. You may not use such marks without the prior written permission of Misfit Animals. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
5. Reliance on Information on Site
We have no obligation to, and you should not expect us to, review content on our Site, including User Contributions (defined below) or contributions by our independent contributors.
About our Contributors
Misfit Animals seeks out content providers in particular subject matters as independent contractor contributors to the Site. Misfit Animals does not represent or guarantee that any contributor has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials as to the subject matter to which their contributions relate. To the extent we refer to each of these contributors as an expert, you must understand that we rely on the information they provide us and we are not obligated to independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. Misfit Animals is also not obligated to monitor or independently research or verify any content they contribute. Contributors, even if characterized as an expert, are not employees of Misfit Animals or its affiliates, and Misfit Animals cannot and does not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any contributor, nor of any other users of the Site.
Please do not rely on Site content, including User Contributions and content from our independent contractor contributors. Content is provided for general information purposes only and can never take into account your unique, personal circumstances and needs. You acknowledge and agree that any reliance or actions you take in violation of your agreement with us shall be at your sole and exclusive risk and Misfit Animals shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that communications on or through the Site, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice.
6. Prohibited Uses of the Site
- In any way that violates any applicable federal, state, local or international law or regulation.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Misfit Animals, a Misfit Animals employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Misfit Animals or users of the Site or expose them to liability.
Additionally, you agree not to:
- “Scrape” or disaggregate data from the Site (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
- Introduce any viruses, trojan horses, worms, logic bombs or other material or mechanism which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Otherwise attempt to interfere with the proper working of the Site.
7. Content That You Make Available on the Site
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, review and ratings sections, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) comments, content or other materials (collectively, “User Contributions”) on or through the Site.
If you voluntarily disclose personal information (e.g., user name, email address) on the Site, such as on a forum, chat room or on any other user or member-generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We strongly advise that you not post any personal or other sensitive information on our Site.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot and do not undertake to review all material before it is posted on the Site, 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. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
8. Your Indemnification of Us
9. WARRANTY DISCLAIMER
10. LIABILITY DISCLAIMER
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER, Misfit Animals NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE AND THE INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST Misfit Animals AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE THEREON.
11. Third Party Links, Advertisements, Websites and Content
We do not review or monitor any websites, advertisements, or other media linked to or available through the Site and are not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Misfit Animals nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third- party products or services based upon the information provided on the Site, and we shall not receive or review complaints regarding such purchases.
13. Waiver and Severability
Americans with Disabilities Act (ADA)
We do our best to comply with the Americans with Disabilities Act (ADA). We do this by:
- Regularly auditing our website for compliance and user-experience
- Creating relevant alt tags for all images, videos, and audio files
- Creating text transcripts for video and audio content
- Identify the site’s language in the header code
- Offering alternatives and suggestions when users encounter input errors
- Creating a consistent, organized layout
Please contact us here if you have suggestions for us in regards to this topic. We’d love to create an even better user experience for all of our readers.