This is an agreement between The owner of Petal and operator of Petal and Petal Client and Content (collectively, including all content available through the Petal Client and Content ), and you ("you" or "You"), a user of the Service.
If you do not agree to any of these terms, you may not use the Service.
Petal Service
These Terms of Service apply to all users of Petal service. Status information provided by Petal may contain links to third party websites that are not owned or controlled by Petal. Petal has no control over and assumes no responsibility for the content, privacy policies or practices of third-party websites. Furthermore, Petal will not and cannot censor or edit the content of any third party website. By using the Service, you expressly acknowledge and agree that Petal shall not be liable for any damages, claims or other liabilities arising out of or in connection with your use of any third party website.
Petal Access
A. Subject to your compliance with these Terms of Service, Petal grants you permission to use the Service provided that: (i) your use of the Service as permitted is solely for your personal, non-commercial use ; (ii) you will not duplicate, transfer, access, copy or distribute any part of the Service in any medium without the prior written authorization of Petal; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will comply with the terms and conditions of these Terms of Service.
B. In order to access and use the features of the Service, you acknowledge and agree that you will be required to provide Petal with your telephone number, as well as the telephone numbers of any third parties with whom you wish to use the Service. When providing your telephone number, you must provide accurate and complete information. You hereby give your express consent for Petal to use the phone numbers you provide to provide access to and use of the Service. You may never use someone else's phone number without their permission. You are solely responsible for the status message displayed for your phone number. You must notify Petal immediately of any breach of security or unauthorized use of your phone. Although Petal is not responsible for your losses caused by any unauthorized use of your account, you may be liable for Petal or other losses due to such unauthorized use.
Content on the Services
You are responsible for your use of the Services and any content you provide, including compliance with applicable laws, rules and regulations. You should only provide content that you are willing to share with others. ANY USE OF OR RELIANCE ON ANY CONTENT OR MATERIALS POSTED THROUGH OR OBTAINED BY YOU THROUGH THE SERVICES IS AT YOUR OWN RISK. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content or communications posted through the Services, nor do we endorse any opinions expressed through the Services. You understand that by using the Services, you may be exposed to content that may be offensive, harmful, inaccurate or otherwise inappropriate or, in some cases, to mislabeled or otherwise deceptive postings. All content is the sole responsibility of the original creator. We may not monitor or control Content posted through the Services, and we cannot be responsible for such Content. We reserve the right to remove content that violates the User Agreement, including copyright or trademark infringement, impersonation, illegal conduct, or harassment.
Intellectual Property Rights
The design of the Petal service together with all text, scripts, graphics (including stickers), interactive features and the like available in connection with the Petal service (collectively "Petal client and content"), except for all user status submissions (such as as defined below) and the trademarks, service marks and logos contained therein ("Marks"), are owned or licensed by Petal, subject to copyright and other intellectual property rights under United States and foreign laws and international convention. Subject to these Terms of Service, you are granted a personal, non-exclusive, non-transferable, revocable, limited license to install and use, only in connection with the Service, the Petal Client and the Content for personal and non-commercial purposes only. The Service, including the Petal Client and the Content, is provided to you as is for your information and personal non-commercial use only. Petal reserves all rights not expressly granted in the Service and Petal client and content. You agree not to engage in the use, copying, distribution or other exploitation of any Petal Client and Content other than as expressly permitted herein, including any use, copying or distribution of third party User Status Submissions obtained through the Service for any commercial purposes. You further agree that you will not use Petal in a manner that would infringe or violate the rights of any third party and that we shall not be liable in any way for any such use by you.
User Status Submissions
A. The Petal Service permits the submission of status text and other communications submitted by you and other users ("User Status Submissions") and the hosting, sharing, and/or publishing of such User Status Submissions. As clarified in the following section, you retain your ownership rights in your User Status Submissions. You understand that whether or not such User Status Submissions are published, Petal does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Status Submissions and the consequences of posting or publishing them. Because Petal is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Petal, and Petal makes no guarantees as to the validity, accuracy or legal status of any status. In connection with User Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Petal to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Status Submissions to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Status Submissions, but you have to have the rights in the first place. However, by submitting the User Status Submissions to Petal, you hereby grant Petal a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Status Submissions in connection with the Petal Service and Petal's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Petal Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Petal Service a non-exclusive license to access your User Status Submissions through the Service, Email, and mobile phone and to display parts of User Status Submissions as permitted through the functionality of the Service and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Status Submission from the Sugar Talk Service.
C. In connection with User Status Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Petal all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Petal or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. Petal does not endorse any User Status Submission or any opinion, recommendation, or advice expressed therein, and Petal expressly disclaims any and all liability in connection with User Status Submissions. Petal does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Petal will remove all Content and User Status Submissions if properly notified that such Content or User Status Submission infringes on another's intellectual property rights. Petal reserves the right to remove Content and User Status Submissions without prior notice. Petal may also terminate a user's access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission removed from the Website more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Petal employees, agents, subagents, superagents or superheros. Petal also reserves the right to decide whether content or a User Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Petal may remove such User Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the Petal Service you will be exposed to User Status Submissions from a variety of sources, and that Petal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Status Submissions, and that such User Status Submissions are not the responsibility of Petal. You further understand and acknowledge that you may be exposed to User Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Petal with respect thereto, and agree to indemnify and hold Petal, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. Petal permits you to link to materials on the Service for personal, non-commercial purposes only. Commercial versions are available under separate licensing and terms. Petal reserves the right to discontinue any aspect of the Petal Service at any time.
Customer acknowledges that the Product is experimental in nature and therefore, the Product is provided to Customer "AS IS" without warranty of any kind. Customer agrees to back up any data prior to using or accessing the Product or the Petal Site. Except as expressly provided herein, Petal, its licensors and Sugar Talk Affiliates shall not be responsible for any costs, expenses or other liabilities incurred by anyone as a result of the Product, Petal Site or Customer's use of or access to the Product or Petal Site.
YOU AGREE THAT YOUR USE OF Petal'S LIVE CHAT SERVICE WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Petal, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND ITS USE. Petal MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THIS SERVICE AND ASSUMES NO RESPONSIBILITY FOR ANY (I) CONTENT ERRORS, ERRORS OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE , OF ANY NATURE, RESULTING FROM YOUR ACCESS AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR THROUGH OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHERS THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF THIRD PARTIES, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH Petal'S LIVE CHAT SERVICE. Petal DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Petal SERVICE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND Petal SHALL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIA OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND USE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
Limitation of Liability
IN NO EVENT SHALL Petal, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Petal CLIENT AND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Petal SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT YOU WILL NOT USE THE PRODUCT WHILE OPERATING A MOTOR VEHICLE, FOR TIME-CRITICAL OR EMERGENCY SERVICES OR EVENT OR FOR ANY OPERATION WHERE INJURY, DEATH, OR ECONOMIC DAMAGE COULD OCCUR.
from its facilities in the United States of America. Petal makes no representations that the Petal Service is appropriate or available for use in other locations. Those who access Petal or use the Sugar Talk Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless Petal, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Petal Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Petal Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Petal without restriction.
General
You agree that: (i) the Petal Service shall be deemed solely based in Delaware; (ii) the Petal Service shall be deemed a passive server that does not give rise to personal jurisdiction over Petal, either specific or general, in jurisdictions other than California; and (iii) that you agree to subject to the jurisdiction of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Petal that arises in whole or in part from the Petal Service shall be decided exclusively by a court of competent jurisdiction located in Delaware. Privacy and any other legal notices published by Petal, shall constitute the entire agreement between you and Petal concerning the Petal Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Petal's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Petal reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. Your use of the Petal Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Petal AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Petal SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Copyright Complaints
Petal respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Petal of your infringement claim in accordance with the procedure set forth below.
Petal will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement.
To be effective, the notification must be in writing and contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Petal Service, with enough detail that we may find it on the Petal Service;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf .