Wooof Terms of Service
We reserve the right, in our sole discretion, to revise, modify or update these Terms at any time (including in order to remove functionality), and you agree to be bound by any revisions or modifications that we make. Therefore, please review these Terms periodically. Your continued use of the Services after any change or modification of these Terms has been made will constitute your acceptance of the revised Terms.
Your use of the Services is subject to the conditions of these Terms. Currently, we make the Services available free-of-charge to you, but may start charging for the Services, or any part of them, in our sole discretion. In order to use the Services, you must be 18 years of age or older, or have the permission of your parent or guardian. You may not use the Services if you are not allowed to do so by law or regulation. You may not provide access to or use the Services for the benefit of third parties. You also may not use any or all of the content we provide in order to create a database, whether in print or electronically. You may, however, use the Services in connection with your own activities.
You may register to use Wooof by logging in through Facebook. Currently, Dog Owners register their dogs and provide one or more cell-phone numbers (including cell-phone numbers of family members and dog walkers) for tracking purposes. By providing us with the various cell-phone numbers you represent and warrant that you have been granted the right to provide us with such cell-phone numbers. We may change the method of registration at our discretion. By registering through Facebook you represent and warrant that the Facebook account is yours and you have full rights to provide us with the information in this account. We may refuse to allow any User to open an account for any reason at our sole discretion. You agree to supply accurate and complete information to us when creating your account and when using the Services, as well as to update such information promptly after any change. You will be responsible for any inaccuracies in the information you provide to us, or for your failure to keep such information up-to-date.
Do not share your account or login information with any third party, nor let any third party access your account. You are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account. We will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold us harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us via e-mail at firstname.lastname@example.org.
Termination of Account
We may for any reason, in our sole discretion and without notifying you, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other Users, third parties, the community ethos of our Services or our business interests. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at email@example.com.
In addition, if we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we consider appropriate. We will investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior.
You may request termination of your account at any time and for any reason by sending an e-mail to firstname.lastname@example.org. Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.
Service Providers: Service Providers may advertise their goods and/or services on our Service. They may be required to pay the amount as described on a separate quotation or price list that we provide. This quotation or price list may be available at an Internet location that we provide to the Service Provider (a “Quotation”). In the event of any conflict between these Terms and the express terms of any Quotation, the express terms of such Quotation shall govern. Service Providers will be solely responsible for any taxes with respect to payments or services. The goods and/or services of Service Providers may be rated on the Services and Wooof reserves the right to delist and/or terminate the account of any Service Provider who has received low ratings and/or for any reason in its sole discretion. Wooof will not refund money received from a Service Provider who has been delisted and/or whose account has been terminated.
Owners: Dog Owners register their dogs and may upload content such as their dogs’ pictures and their own contact information. We may provide them with listings, including location based listings, of available goods, services and offers (including coupons and/or vouchers), as provided by Service Providers and/or other third parties. While our basic Services are currently provided free-of-charge, certain additional, premium services may be offered for a fee (the “Premium Services”). Examples of such Premium Services including the expansion of the geographic scope for which a lost dog posting shall be publicized. We reserve to change and/or cancel any and all Premium Services without prior notice.
Both Service Providers and Owners: Our Services provide Users with a virtual marketplace and platform for the sharing of information and experiences and for the purchase of value added goods and services from Service Providers and/or third-party vendors. Our Service facilitates communication among Users by allowing them to message each other at the initiating User's mobile carrier rates and on terms determined separately between the User and the carrier. Users are solely responsible for any carrier charges incurred and we have no responsibility for such charges or other matters relating to sending the messages. Links available on the Services provide you with access to third-party websites that are not managed by or affiliated with us. Please note that we may stop providing or change such links at any time at our sole discretion. While we make efforts to provide you with a comprehensive and ever growing list of goods and services, we cannot and do not represent or warrant that the goods and/or services will reflect your tastes or needs, nor do we make any representation with regard to the quality of the goods and/or services and/or their terms of delivery which are solely the responsibility of the third parties, such as the Service Providers with whom we partner. You must do your own additional research, contact all relevant Service Providers and/or third parties and use your common sense before making payments or reservations.
We cannot and do not take responsibility for any information, goods and/or services provided by Service Providers and/or our partners, by the websites to which they link, or by other third-party websites, as well as for any actions you may take or payments or reservations that you may make with Service Providers and/or our partners through the Services and/or through any third-party websites, including those of Service Providers and/or our partners. Any activities on any third-party websites are governed by their Terms of Service and Privacy Policies, which we recommend that you review. We cannot and do not take responsibility for the safety or security of any of activities, services and/or goods recommended on our Services as well as on those websites to which we link or on any third-party websites, including those of Service Providers. We do not represent and are not connected to any of the websites, activities, services and/or goods that might be recommended on our Services as well as on those websites to which we link or on any third-party websites and are not liable for any of their actions. Everything that you decide to do in connection with your dogs is your sole responsibility.
Service Providers: If you agree to offer any goods or pet care services, you agree to make your best efforts to provide such goods and/or services at the location and time that have been agreed. You shall make best efforts to provide goods and/or services in accordance with the standards in the field of animal care. You are responsible for compliance with any applicable laws, regulations or rules. Any violation of by you of these requirements may result in an immediate termination of your account and the forfeiture of any amounts paid through the Service.
Owners: If you are a dog Owner, you agree to make your best efforts to honor the terms of any agreements reached with Service Providers. For example, if applicable, you agree to meet the Service Provider at the location and time you have indicated and provide any necessary information regarding your dog, as well as access to your dog. Any violation of these requirements may result in an immediate termination of your account and the forfeiture of any amounts paid through the Service.
Both Service Providers and Owners: Notwithstanding the above, Wooof cannot and does not assume any responsibility or liability in respect of the actions or omissions of any Service Providers and/or Owners. PLEASE BE AWARE THAT WOOOF HAS NOT INVESTIGATED THE BACKGROUND, HISTORY OR NEEDS OF ANY SERVICE PROVIDERS, OWNERS AND/OR DOGS AND DOES NOT HAVE THE TECHNICAL CAPABILITIES TO DO SO. WOOOF HAS NOT PERFORMED ANY CRIMINAL BACKGROUND CHECKS OF ANY SERVICE PROVIDERS AND/OR OWNERS AND DOES NOT HAVE THE TECHNICAL CAPABILITIES TO DO SO. WOOOF DOES NOT KNOW WHICH DOGS MAY BE SICK AND/OR DANGEROUS AND/OR WHICH DOGS MAY HAVE SPECIAL NEEDS. AS SUCH, YOUR OFFER OR ACCEPTANCE OF ANY SERVICE PROVIDER AND/OR THIRD-PARTY SERVICES IS AT YOUR OWN AND/OR AT YOUR DOG’S RISK. Please be aware that Wooof’s policy is to make all efforts to cooperate with law enforcement officials regarding any unlawful behavior, and we will share all data as required to cooperate with any law enforcement request.
Use of some of the Services may be subject to payment, both to Wooof and to any third party. Wooof may revise prices at any time without notice and may add or change payment methods in its sole discretion. You must respect the terms and conditions of any payment methods you use. We reserve the right to cancel any Services ordered if full payment is not timely received.
You are solely responsible for any taxes on amounts you may pay or obtain through the Service. Wooof will deduct applicable charges and taxes from any payable amounts, as required by law. Late payments shall be subject to a late fee of 18% per annum or, if lower, the highest amount permitted by applicable law.
We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method.
In order to make our Services more dynamic and useful, we may allow you to post photographs, comments, ratings or reviews or other Submissions to the Services and our forums. “Submissions” means anything material that a User transmits to the Services or to another User while using the Services, including any text, audio or visual material. Please remember that you are responsible for any Submissions you post or transmit. Therefore, you represent and warrant that your Submissions do not infringe the intellectual property, moral, publicity or privacy rights of any third party, and that you have full rights to post or transfer such Submissions. We do not pre-screen Submissions. However, we do reserve the right, at our sole discretion, to remove any Submissions that we believe violate the letter or spirit of these Terms.
We do not claim ownership of your Submissions. However, by sending any Submissions you automatically grant us a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, reproduce, publish, display and distribute Submissions in any manner whatsoever, in or out of context, in all languages, in all media, including for our promotional purposes. In short, if you submit something to us, we may use it.
We have certain rules for using our Services or making Submissions. Therefore, you agree that you will not:
solicit another person’s password or other personal information under false pretenses
impersonate another User or otherwise misrepresent yourself in any manner (including creating multiple accounts or personas) whether to another User, to us, or otherwise
violate the legal rights of others, including defaming, abuse, stalking or threatening Users
infringe the intellectual property rights, privacy rights, or moral rights of any third party
post or transmit any Submission that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material
violate any applicable law, rule or regulation
publish falsehoods or misrepresentations
post or transmit any Submission that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Services)
post or transmit any virus, worm, Trojan horse, or other harmful or disruptive component
circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content
use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index or data-mine the Services.
You may not, nor may you assist other parties to:
copy, modify, or create derivative works of the Services
reverse-engineer, disassemble, or attempt to derive the source code of the software used to provide the Services, including our proprietary algorithm
attempt to disable or circumvent any security mechanism of the Services.
We do not endorse any Submission or any opinion, recommendation, or advice that a Submission may include, and expressly disclaim any and all liability in connection with Submissions. We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to these Submissions. Please realize that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to such Submissions. Notwithstanding the above, we have no tolerance for objectionable user-generated content and/or Submissions which do not comply with our code of conduct as stated above. We employ moderators to remove inappropriate Submissions and to block and/or terminate the Accounts of offensive Users. If you see objectionable Submissions on the Site and/or Services, you may flag such Submissions and report the Users who have made such Submissions. We will respond to valid User flags or reports by our moderators within 24 hours by removing such offensive Submissions and/or terminating the Account of the User who provided the offensive Submissions.
Wooof and its licensors own the Services, including any material or content made available through the Services, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
These Terms are an agreement between you and Wooof. Apple has no responsibility for the Application or the content of the Application, including in respect of claims of intellectual property infringement, product liability or that the Application does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the Application and has no obligation to provide support in respect of the Application. All claims in respect of the Application must be directed to Wooof and not to Apple. Your use of the Application must be in compliance with the App Store Terms of Service, and you may only use the Application on an iPhone or iPod that you own or control as permitted by such terms. In the event the Application fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the Application to you. Apple shall be a third party beneficiary of these Terms with the right to enforce these Terms against you.
No Warranties; Disclaimer
Your use of any aspect of the Services is at your own risk. You must do your own research and make any decisions regarding your dogs based on that research. We cannot and do not accept any liability in respect of any activities that you may undertake through the Services.
We make no representations or warranties whatsoever in respect of the Services. Information regarding various pet services and products, and otherwise may be provided by third parties, including Apple Maps, as well as by other Users of our Services. We cannot accept any liability whatsoever in respect of any content or Submissions which are provided by third parties or by other Users of our Services. Any actions you take based on the recommendations provided by the Services regarding your dog, with respect to the provision of goods and/or services or otherwise are taken at your sole risk and we will not accept any liability in respect thereof. You should always check any information provided through the Services to ensure its currency and/or accuracy. To the maximum extent permitted by applicable law, everything available on or through the Services is provided to you “AS-IS” and “As-Available” without warranty of any kind. Without limiting the foregoing, we disclaim any implied or statutory warranties in respect of merchantability, fitness for a particular purpose or non-infringement in respect of the Services. We disclaim any implied or statutory warranties (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the Services. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information in the Submissions at any time without prior notice. We do not warrant that any description provided through the Services regarding pet goods and services or otherwise is accurate, complete, reliable, current, safe or error-free. We are not responsible for the use of any personal information that you disclose on the Services or through any Submissions. we disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized Users).
In addition, Wooof provides a platform through which Owners and Service Providers may connect and offer and accept goods and/or services, but it is not a party to such arrangements. Wooof cannot and does not accept any responsibility for the actions of any Owners and Service Providers or other Users. We disclaim all liability for the Service Provider’s failure to satisfy his/her obligation to provide goods and/or services as may be agreed. We disclaim all liability for the Owner’s failure to satisfy his/her obligations with respect to the goods and/or services as may be agreed. If you use the Services and agree to enter into any agreements, then you do so at your own risk and Wooof shall have not have any liability therefor.
No advice or information, whether oral or written, obtained by you from us,shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall we be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Site, Services, Submissions or content. In any case, our entire liability under any provision of these Terms shall not exceed amounts paid by you directly to us for the use of the Services hereunder. As such, if you have not made any payments to us in order to use the Services, we shall not have any liability to you whatsoever.
In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to Users or to any person's mobile device or computer related to or resulting from participation or use of the Services. Under no circumstances shall we be responsible for any loss or damage, including personal or animal injury or death, resulting from use of the services, whether online or offline, or in connection with dog related services, while using the Services.
You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, mobile device, password, Facebook account or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third-party intellectual property right or moral right; or (e) any other matter for which you are responsible under these Terms or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Services infringes their rights under US copyright law. We accept no responsibility or liability for any Submissions, or any material provided or posted by a User. If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. All notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to email@example.com.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Site and/or the Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to its jurisdiction. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these Terms maybe provided to the e-mail address or other contact information you have provided to us.
Last updated: September 2014