1. Restrictions on Use
You may access and display Content only for personal, noncommercial, entertainment use. Downloading, copying, displaying, storing, transferring, or using any portion of this Site other than for personal, noncommercial, entertainment use is expressly prohibited.
2. Age Requirement
You must be at least eighteen (18) years old to use this Site. By using this Site, you hereby represent and warrant that you are at least eighteen (18) years of old.
3. Notice of Availability of Filtering Software
You are hereby notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
4. Warranty Disclaimer
THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CONTENT, FACILITIES, FORUMS, OR INFORMATION, MATERIAL, SERVICES, AND/OR SOFTWARE CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, WITH NO REPRESENTATIONS, AND/OR WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR TITLE/NON-INFRINGEMENT. 10 GALLON CAT INCORPORATED AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
10 GALLON CAT INCORPORATED AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE, ANY PORTION THEREOF, OR ANY OF THE FUNCTIONS AND/OR SERVICES CONTAINED ON AND/OR PROVIDED THROUGH THIS SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, THAT THIS SITE OR THE SERVERS THROUGH WHICH THIS SITE IS ACCESSED ARE FREE FROM MALWARE, TROJANS, VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS, CODE, DATA, AND/OR SOFTWARE, OR THAT SAID FUNCTIONS AND/OR SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS.
10 GALLON CAT INCORPORATED AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE, OR ANY PORTION THEREOF, INCLUDING, THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THIS SITE OR ANY SITES, APPS, OR SERVICES LINKED TO THIS SITE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE.
10 GALLON CAT INCORPORATED AND ITS AFFILIATES MAKE NO WARRANTIES THAT YOUR USE OF THIS SITE, OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO, THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THIS SITE OR ANY SITE, APP, OR SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND 10 GALLON CAT INCORPORATED AND ITS AFFILIATES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THIS SITE OR ANY OTHER SITE, APP, OR SERVICE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 10 GALLON CAT INCORPORATED, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THIS SITE, OR ANY PORTION THEREOF. 10 GALLON CAT INCORPORATED AND ITS AFFILIATES DO NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF OR IMPROPER ACCESS TO YOUR DATA. 10 GALLON CAT INCORPORATED AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
WHERE APPLICABLE LAW PROHIBITS THE EXCLUSION OF SOME OR ALL OF THE ABOVE STATED WARRANTIES, THE EXCLUSIONS STATED ABOVE WILL APPLY ONLY TO THE EXTENT PERMITTED BY SUCH LAW.
5. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 10 GALLON CAT INCORPORATED, ITS AFFILIATES AND/OR ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE, AND EACH DOES NOT ACCEPT ANY RESPONSIBILITY AND/OR LIABILITY, FOR ANY LOSS OR DAMAGES, WHETHER ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHERWISE, THAT ARISE OUT OF OR RELATE IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THIS SITE, AND/OR ANY HYPERLINKED SITE, AND 10 GALLON CAT INCORPORATED, ITS AFFILIATES AND/OR ITS SPONSORS DISCLAIM ANY AND/OR ALL SUCH LIABILITY, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER BASIS. YOU BEAR THE SOLE BURDEN AND EXPENSE OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF LOSS OR DAMAGE. IF YOU ARE DISSATISFIED WITH THIS SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES, YOUR SOLE REMEDY IS TO STOP USING THIS SITE AND/OR THOSE SERVICES.
6. User Submissions
You agree that by posting, uploading, submitting, transmitting, or otherwise making any ideas, communication, suggestions, documents, proposals, know-how, techniques, material, content, and/or any other data made available to 10 GALLON CAT INCORPORATED, including, but not limited, to any scripts, treatments, concepts, creative ideas or suggestions, pitches, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, or any other materials, (“Submitted Material(s)”) you automatically and irrevocably grant and assign to 10 GALLON CAT INCORPORATED an unrestricted, irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable, non-exclusive license to use, copy, cache, adapt, reproduce, modify, transmit, translate, publish, distribute, exploit, publicly perform and display, store, advertise in, on, and around, and create derivative works of the Submitted Material(s), and to incorporate such Submitted Material(s) into other works in any form, media, or technology now known or developed, and to do all of the foregoing for any purpose, including, profit and/or financial gain, and to do so without payment or attribution to you or any other person, and you further represent and warrant that you are the owner of the Submitted Material(s) and/or have the authority to enter into these Term of Use with respect to such Submitted Material(s), and that 10 GALLON CAT INCORPORATED will incur no liability through the use or disclosure of such Submitted Material(s).
You further warrant, represent, and agree to the following: (1) that each submission of Submitted Material(s) made to 10 GALLON CAT INCORPORATED does not contain confidential and/or proprietary information and that 10 GALLON CAT INCORPORATED has no obligation to treat it as such; (2) that 10 GALLON CAT INCORPORATED may make use of and/or disclose, including not using and not disclosing, any Submitted Material(s) in any manner it may choose, and in any media, worldwide; (3) that 10 GALLON CAT INCORPORATED may have something similar in development or under consideration; (4) that 10 GALLON CAT INCORPORATED has no obligation to reimburse, pay, remunerate, or credit you for any Submitted Material(s) or the use thereof under any circumstances.
You agree that you will not upload any content or material to this Site in violation of any provision of paragraph 7, below (Prohibited Activities), that a violation of Paragraph 7 may subject you to civil and/or criminal liability, and that you bear the burden of establishing that any alleged violation of paragraph 7 is not an actually violation.
You hereby waive any and all moral rights in such Submitted Material(s), if any, that are available to you under the laws of any jurisdiction, and hereby confirm that no such rights have been asserted.
From time to time, 10 GALLON CAT INCORPORATED may request Submitted Material(s) subject to additional terms not stated herein. You hereby agree that where such Submitted Material(s) are requested, the additional terms govern any such Submitted Material(s) made pursuant to such request and that you will be bound by said additional terms.
Please act responsibly when using this Site.
7. Prohibited Activities
Except as otherwise provided herein and subject to applicable law, you are prohibited from and agree to not to use this Site to undertake, to attempt to undertake, or assist any person, organization, or entity to undertake and/or attempt to undertake, any act and/or course of conduct that actually constitutes, or that we, in our sole discretion, determine may constitute, any of following:
i. Acquiring, sending, seeking, receiving, displaying, printing, or otherwise disseminating the private, electronic communications of others.
ii. Acquiring, sending, seeking, soliciting, receiving, displaying, revealing, giving, selling, transmitting, printing, posting, or otherwise disseminating the personal, confidential, and/or private information of others.
iii. Imitating, mimicking, and/or pretending to be someone else, and/or or misrepresenting your relationship and/or affiliation with any person, entity, and/or or organization, including, but not limited to, employing a false identity, employing false identifying information, using another person’s name, using another person’s identifying information, forging any portion e-mail or other communication, and/or manipulating headers or identifies to disguise the origin of any content, e-mail, and/or communication.
iv. Posting, Transmitting, Sending, receiving, displaying, printing, storing, or otherwise disseminating material that is false, fraudulent, disparaging, belittling, harassing, inaccurate, misleading, hateful, harmful, incomplete, invasive to another person’s privacy, embarrassing, sexually explicit, pornographic, racist, ethnically insensitive, offensive, obscene, lewd, lascivious, filthy, excessively violent, illegal, intimidating, threatening, abusive, defamatory, libelous, vulgar, or otherwise unlawful, inappropriate, objectionable, or violative of the rights of a third party.
v. Stalking and/or Cyberstalking any person.
vi. Exploiting or harming children.
vii. Sending, receiving, displaying, printing, or otherwise disseminating confidential information, proprietary information, proprietary data, or trade secrets, unless you are the owner of such information or possess the owner’s permission.
viii. Posting, transmitting, receiving, sending, storing, or otherwise engaging in the dissemination of any unsolicited, undisclosed, and/or unauthorized commercial and/or personal advertisements, solicitations, and/or promotions, including, but not limited to, offering the provision of goods or services, soliciting goods or services, conducting raffles or contests, posting sponsorship banners and/or videos, soliciting of our sponsors or advertisers unless you have been specifically authorized to do so.
vix. Posting, transmitting, receiving, sending, storing, or otherwise engaging in the dissemination of any file, programs, and/or code that is (1) illegal or deceptive; (2) designed to destroy, harm, disrupt, interrupt, overload, collapse, and/or limit the functionality of any software, hardware, equipment, data transmission and/or telecommunications; or (3) designed to intercept or expropriate any data or information, including, but not limited to, viruses, worms, trojan horses, spyware, adware, time bomb, computer program, routine, or engine, or self-replicating code, or other code that could adversely affect 10 GALLON CAT INCORPORATED or its Affiliates, this Site, the users of this Site and/or any other recipient of such program and/or code.
x. Posting, transmitting, receiving, sending, storing, or otherwise engaging in the dissemination of political material.
xi. Violating any state, federal, or international law governing intellectual property and online activities, including violating any person’s patent, trademark, copyright, and/or right to privacy and/or publicity.
xii. Accessing and/or intercepting any files, data, and/or electronic transmission without proper authority and/or where such access is unauthorized and/or illegal, including, but not limited to, wiretapping and/or engaging in any other method of data interception.
xiii. Posting any data or information that was acquired without permission of the owner and/or that you are not otherwise authorized to post.
xiv. Hacking, Breaching, bypassing, disabling, and/or removing any security measures and/or mechanisms on any electronic data and/or communications system, including measures and mechanisms employed to prevent or limit access to any area, system, content, code, and/or service.
xv. Distrubting any software, code, and/or tools that can be used to compromise a systems security, including, but not limited to, software, code, and/or tools that can be used to guess/crack passwords, and/or tools designed to probe any computer network and/or system.
xvi. Destroying, entering, mutilating, defacing, altering, falsifying, removing, secreting, tampering with, or using, any data, content, code(s), postings, registration information, profiles, submissions, and/or records contained on or obtained by reason of this Site, any hardware used by 10 GALLON CAT INCORPORATED or its Affiliates, and/or any server(s) and/or systems through which this Site can be accessed including, but not limited to, the data, content, and code comprising its pages and/or files.
xvii. Reproducing, selling, reselling, or otherwise exploiting any data and/or information, or access to data and/or information, contained on this Site.
xviii. Entering, examining, transferring, tampering with, reverse engineering, and/or engaging in any activity that might discovery the source code of this Site, its content, any software, hardware, and/or the configurations thereof.
xix. Giving the impression that you are authorized to represent, give opinions, or otherwise making statements on behalf of 10 GALLON CAT INCORPORATED or its Affiliates unless 10 GALLON CAT INCORPORATED has expressly authorized you to do so, including, but not limited to, making it appear that 10 GALLON CAT INCORPORATED or its Affiliates endorses or has a particular relationship with any person or organization (including endorsing any content appearing on this Site), product, and/or service when 10 GALLON CAT INCORPORATED does not.
xx. Accessing and/or using any area and/or portion of this Site, any services provided by 10 GALLON CAT INCORPORATED or its Affiliates, any instrumentalities and/or facilities of 10 GALLON CAT INCORPORATED or its Affiliates that you are not authorized to access and/or use.
xxi. Otherwise undertaking any activity that would be reasonably expected to, directly or indirectly, disrupt, adversely affect, impose a significant burden, and/or to otherwise any place any undue strain upon or interference upon (a) any network or system or infrastructure of 10 GALLON CAT INCORPORATED or its Affiliates; (b) 10 GALLON CAT INCORPORATED’s or its Affiliates’ ordinary operation; or (c) any person’s use and/or enjoyment of this Site, including, but not limited to, sending and/or posting chain letters, spam (sending unsolicited e-mails for business or other purposes), mailbombs and/or letter bombs (emailing a message to multiple users and/or sending large and/or multiple files and/or messages to a single user with malicious intent).
xxiii. Accessing and/or using this Site in any way and/or manner that constitutes the commission of a tort and/or harmful.
xxiv. Accessing and/or using this Site in any way and/or manner that 10 GALLON CAT INCORPORATED does not intend.
xxv. Using any bot, robot, scraper, spider, or other automated means to extract data and/or collect information.
xxvi. Linking to this Site and/or framing this Site without 10 GALLON CAT INCORPORATED’s express written consent.
xxviii. Violating any U.S. Export control laws that regulate the export and/or re-export of technology originating in the United states. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. Subscriber agrees to abide by these laws including but not limited to the Export Administration Act, the Arms Export Control Act and their implementing regulations, and not to transfer, by electronic transmission or otherwise, any Content derived from the System to either a foreign national or a foreign destination without first obtaining any required government authorization. Subscriber further agrees not to upload to the System any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
xxix. Committing any other illegal act and/or undertaking a course of conduct that violates, or may be considered to violate, any law or regulation.
xxx. Advocating or promoting any illegal activity.
xxxi. Removing any advertising and/or other materials posted by 10 GALLON CAT INCORPORATED anywhere on this Site.
9. Copyrights, Trademarks, and Proprietary Rights.
This Site is protected by federal and international copyrights law. (“Copyrights”). Certain Portions of this Site, including characters, logos or other images are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by 10 GALLON CAT INCORPORATED or others (“Trademarks”). Certain Portions of this Site may also be protected by patent, trade secret, or other proprietary rights (“proprietary rights”)
You agree that you will not exchange, display, distribute, exchange, exploit, post, reprint, reproduce, republish, submit, transfer, transmit, or upload any material on, to, or through this Site that infringes any person’s Copyright, Trademark, or Proprietary Right(s).
Should you download or otherwise acquire any Content from this site, you shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials.
10. Modification of Service
In its sole discretion and without notice, 10 GALLON CAT INCORPORATED may block, deny, discontinue, modify, prohibit, refuse, restrict, suspend, remove or terminate your access to or use of this Site, in whole or in part, at any time, without prior notice and without any liability (hereinafter “Termination of Access”). Upon Termination of Access, your right to use this Site, or any relevant portion thereof, will immediately cease, including, but not limited to, accessing any Submitted Material(s) you may have provided to this Site or otherwise provided to 10 GALLON CAT INCORPORATED.
If applicable law requires 10 GALLON CAT INCORPORATED to provide notice prior to termination of access, you agree that 10 GALLON CAT INCORPORATED, in its sole discretion, may provide such notice by any of the following means: (1) Posting the notice on this Site; (2) sending the notice to any e-mail address of yours contained in 10 GALLON CAT INCORPORATED’s records; or (3) sending or delivering the notice to any street address of yours contained in 10 GALLON CAT INCORPORATED’s records.
11. Hyperlinks or Pointers to Other Websites
This Site may contain advertisements, offers, links, hyperlinks, or other pointers to Third-Party applications, goods, services, and/or websites (a “Third-Party Domain”). When you access any Third-Party Domain, please understand that it is independent from 10 GALLON CAT INCORPORATED, that 10 GALLON CAT INCORPORATED has no control over its content or its owners, operators, or users, and that you may find the content of any Third-Party Domain you may visit inappropriate or offensive. Unless otherwise explicitly provided, 10 GALLON CAT INCORPORATED makes no representations or warranties whatsoever about any Third-Party Domain, and 10 GALLON CAT INCORPORATED neither endorses or recommends the use of any Third-Party Domain’s products or services or any offers or provision thereof. In addition, 10 GALLON CAT INCORPORATED specifically disclaims any and all responsibility and/or liability with respect to each Third-Party Domain and each’s content, including, but not limited to, the accuracy, copyright compliance, decency, legality, safety or security (including, without limitation, any credit card or other personal information you may provide to a Third-Party Domain, and/or any virus, worms, trojan horses, and any other items of a destructive nature that you may encounter as a result of visiting a Third-Party domain), or any other aspect of said Third-Party Domain. Any transactions and/or interactions between you and a Third-Party Domain are solely between you and any such Third-Party Domain. You hereby agree to fully and forever discharge and release 10 GALLON CAT INCORPORATED from any and all claims of any nature, whatsoever, arising from and/or related to any and all Third-Party Domains. If you are dissatisfied with any Third-Party Domain, we suggest you cease using that Third Party Domain and/or its services.
12. Local Regulations
10 GALLON CAT INCORPORATED operates and controls this Site from its offices within the State of California, United States of America. 10 GALLON CAT INCORPORATED makes no warranties or representation that this Site, or any portion thereof, is appropriate or available for use outside the United States, its territories, possessions, and protectorates. Accessing this Site from certain countries or by certain persons may not be legal. If you access this Site from locations outside the United States, you do so at your own risk. With respect to the transfer, posting, downloading and/or uploading, and/or transmission of software, technology, and/or any other technical data, you specifically agree to comply with all applicable export and import laws and regulations of the United States, the country in which you reside, and/or any other country that may exercise jurisdiction over your use of this site, as applicable. You hereby agree that you bear the sole responsibility for complying with local laws, if and to the extent local laws are applicable.
You further agree that during the pendency of any investigation, 10 GALLON CAT INCORPORATED may, in its sole discretion, modify your access to or use of this Site in accordance with Paragraph 10, above.
YOU FURTHER REPRESENT THAT YOU HEREBY WAIVE ANY CLAIMS YOU MAY HAVE, AND AGREE TO HOLD 10 GALLON CAT INCORPORATE AND/OR ITS AFFILIATES HARMLESS, REGARDING ANY ACTIONS UNDERTAKEN OR OMISSIONS MADE DURING, IN THE COURSE OF, OR AS A RESULT OR CONSEQUENCE OF ANY SUCH INVESTIGATION(S), INCLUDING THE ACTIONS OR OMISSIONS OF 10 GALLON CAT INCORPORATED, ITS AFFILIATES, LAW ENFORCEMENT AUTHORITIES, AND/OR ANY OTHER PERSON, WHETHER LEGAL, NATURAL, OR OTHERWISE.
15. Breach / Suspected Breach
This foregoing is not intended to prohibit your acceptance of the Modification at an earlier time and/or by other means. 10 GALLON CAT INCORPORATED reserved the right, but expressly disclaimed to obligation, to seek your acceptance, consent, and agreement to any Modification by (1) requiring you to accept, consent, and agree to the Modification via “Click Wrap” prior to your further use of this Site; (2) sending notice of a Modification to any e-mail address of yours contained in 10 GALLON CAT INCORPORATED’s records; and/or (3) sending and/or delivering the Modification to any street address of yours contained in 10 GALLON CAT INCORPORATED’s records.
17. Customer Support
10 GALLON CAT INCORPORATED expressly disclaims any obligation to provide customer support to any person, whatsoever. However, 10 GALLON CAT INCORPORATED reserves the right to provide customer support from time to time, to do so in its sole discretion, without or without reason, and to do so without undertaken any obligation to provide additional, continuing, or further customer support to any person.
19. No Agency Relationship
20. No Third Party Beneficiaries
23. Governing, Jurisdiction, and Venue
24. Reservation of Rights
25. Entire Agreement
27. Claims of Infringement
10 GALLON CAT INCORPORATED respects intellectual property rights. If you believe that any content posted on this Site infringes your copyright right(s), please send 10 GALLON CAT INCORPORATED’s designated copyright agent a written notice that contains the following information:
(a) your name, address, telephone number, and email address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of each place where alleged infringing material is located on this Site;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
This information should be accompanied by a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf, and should contain your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
10 GALLON CAT INCORPORTED’s designated copyright agent’s street address and e-mail address is as follows:
10 GALLON CAT INCORPORATED
Attn: Copyright Compliance
181 Butcher Road,
Vacaville, Ca 95687
28. Further Information
If you have any questions, concerns, complaints, or require further information, you may contact 10 GALLON CAT INCORPORATED at the following address:
10 GALLON CAT INCORPORATED
181 Butcher Road,
Vacaville, Ca 95687
If you reside within the State of California and have a complaint, the Consumer Information Division of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or (800) 952-5210.