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Terms of Use for AlleyCat.org Website

Alley Cat Allies’ mission is to transform and develop communities to protect and improve the lives of cats. Indoors and outdoors, no matter where they call home, we protect them all. This website represents that mission on the web: it is chock full of information and communities to help cats. The following are our terms and conditions for use of our website. Please enjoy.

Alley Cat Allies, Inc. (“Alley Cat Allies”) owns and operates the alleycat.org site (“Site”).  The following Terms of Use (“Terms”) govern your use of the Site.  Other websites or content owned or controlled by Alley Cat Allies may have their own terms of use.

By using the Site, you agree to be bound by these Terms.  These Terms are a legal contract between you and Alley Cat Allies. 

Site Description

The purpose of the Site is to provide information, resources, and related services relating to promoting and advocating for the humane treatment and care for feral cats.     

Age

The Site is intended for users 13 years of age and older.  By accessing the Site, you represent that you are 13 years of age or older. Any minor who uses the site represents that he or she received permission from a parent or guardian. 

Changes to Terms

Alley Cat Allies reserves the right to change these Terms at any time.  By using the Site subsequent to any change to these Terms, you agree to be bound by such changes. 

Any changes to these Terms will be posted below for 30 days prior to such changes taking effect.  If the changes involve how we use and/or share personally identifiable information, we will send an email to registered users concerning the changes 30 days prior to the changes taking effect.  

Alley Cat Allies Intellectual Property

Other than the exceptions referenced in these Terms or on the Site, all other content on the Site is the property of Alley Cat Allies including, but not limited to, all marks, logos, trade names, text, documents, pictures, images, video, audio, and other electronic files (referred to hereafter as “Alley Cat Allies Content”). 

Some of Alley Cat Allies Content is copyright protected by United States and international copyright laws and treaty provisions.  None of Alley Cat Allies Content protected by copyright may be copied, posted, edited, distributed, used to create derivative works of, or reverse engineered without express permission from Alley Cat Allies, except that you may print out one copy of each Site page for personal, non commercial use.  

Alley Cat Allies is a service mark of Alley Cat Allies.   

User Generated and Related Content

Site users are able to post/upload their own content to certain areas of the Site (hereafter referred to as “User Generated Content”).  User Generated Content may include pictures, PDF files, event flyers, Powerpoint presentations, and other types of documents. 

User Generated Content remains the property of the posting user or other respective owner.  In connection with User Generated Content you post/upload, you represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to such User Generated Content or otherwise have the legal right or permission to post/upload the User Generated Content; (ii) the User Generated Content does not violate the rights (intellectual property, privacy, publicity, contract, or any other rights) of any person or entity; and (iii) if the User Generated Content features or displays a person or other content protected by publicity or privacy laws, you have the proper permission or release. 

You agree that Alley Cat Allies has a royalty-free, perpetual, sub-licensable, transferrable, irrevocable, worldwide, non-exclusive right and license to use, copy, publish, distribute, modify, adapt, translate, create derivative works from, perform, and/or display User Generated Content for the purpose of operating and/or marketing the Site and related goods and services.

User Generated Content is provided on a non-confidential basis.  User Generated Content is available for all users to view.  If User Generated Content originates from or is shared with social media sites such as Facebook, Pinterest, or Twitter, please make sure you are familiar with the policies of those sites. 

Alley Cat Allies is not responsible for User Generated Content.  You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from User Generated Content you post/upload.  

If User Generated Content infringes your copyright or other legal rights, you agree to release Alley Cat Allies, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners, from all legal claims, damages, and/or lost profits, whether known or unknown, relating to any legal claims you may have regarding the User Generated Content. 

Alley Cat Allies reserves the right to comply and/or cooperate with all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of User Generated Content.  You agree to waive and hold harmless Alley Cat Allies from any claims as a result of our actions in this regard. 

There may be content on the Site that is neither Alley Cat Allies Content nor User Generated Content, and you should respect those property rights as well.  All rights not expressly granted herein are reserved to Alley Cat Allies. 

The presence of User Generated Content or other information coming from third party sources does not automatically imply that Alley Cat Allies endorses or approves the User Generated Content or other information.  For example, the Site offers a calendar of events wherein many of the events are not official Alley Cat Allies events.  These events are listed for informational purposes without any representations or endorsements as to their content or substance.    

Alley Cat Allies may edit or remove User Generated Content it deems inappropriate or unrelated to the purpose of the Site.  Yet, Alley Cat Allies makes no representation that it will monitor, edit, or delete User Generated Content. 

Copyright Infringement Notification

If you believe that any content on the Site infringes your copyright and you want the content removed from the Site, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to Alley Cat Allies’ designated agent for notice of claims of copyright infringement that includes:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Alley Cat Allies to locate the material.
  4. Information reasonably sufficient to permit Alley Cat Allies to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Alley Cat Allies’s Designated Copyright Agent can be reached using the following information:
media@alleycat.org
7920 Norfolk Avenue,  Suite 600
Bethesda, MD 20814-2525
(240) 482-1980 (phone)
(240) 482-1990 (fax)

Alley Cat Allies takes copyright infringement seriously and will remove infringing content from the Site.  Alley Cat Allies will also terminate the user account of any person determined to be a repeat infringer. 

Other Intellectual Property Infringement

If you believe that any content on the Site violates or infringes your intellectual property rights, other than copyright claims referenced in the previous section, please send a detailed email to info@alleycat.org detailing your allegation or complaint. 

Prohibited Conduct

In connection with your access and/or use of the Site, including User Generated Content you post/upload, you agree not to: 

  • Violate or encourage anyone to violate any federal, state, or local laws or regulations;
  • Defame, abuse, harass, or threaten others;
  • Use offensive language;
  • Depict or promote cruelty to animals or humans except in a manner meant to bring awareness to issues related to cats that is consistent with the purpose of the Site;
  • Conduct unauthorized advertising, solicitation, or promotional activities;
  • Collect personally identifiable information or use automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site;
  • Hack into or gain unauthorized access to protected areas of the Site and/or Alley Cat Allies computers, servers or networks; or
  • Destroy or damage any portion of the Site or any computers or systems used by Alley Cat Allies;

The previous list is not exclusive.  Alley Cat Allies reserves the right to terminate your access to the Site for any behavior Alley Cat Allies deems inappropriate.  You agree to waive and hold harmless Alley Cat Allies from any legal claims resulting from any action (or inaction) taken (not taken) by Alley Cat Allies in this regard. 

The Feral Friends Network

In order to connect people looking for assistance or information related to cats, Alley Cat Allies established the Feral Friends Network.  More information on this can be found at www.alleycat.org/FeralFriends.  Alley Cat Allies does its best to provide reliable contacts and information through this program, but cannot guarantee that any assistance or information you receive through the program will be helpful, reliable, accurate, legitimate, and/or free from incidents or errors.  You agree to waive and hold harmless Alley Cat Allies from any claims or harm you may experience as a result of participating in the Feral Friends Network or relying on any assistance or information provided through the program.    As always, a licensed veterinarian should be consulted for any health issues related to a cat.

Response/Assistance Form

In order to help people looking for assistance or information related to cats, Alley Cat Allies allows users to email questions or concerns to us.  Alley Cat Allies does its best to provide timely and reliable information in response to any emailed question, but it cannot guarantee that you will receive any or a timely response, or that any assistance or information you do receive will be helpful, reliable, accurate, legitimate, and/or free from incidents or errors.  You agree to waive and hold harmless Alley Cat Allies from any claims or harm you may experience as a result of relying on any information you get from us.  As always, a licensed veterinarian should be consulted for any health issues related to a cat.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK. 

THE SITE IS PROVIDED “AS IS.”  ALLEY CAT ALLIES MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WITH RESPECT TO THE SITE.  ALLEY CAT ALLIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE AND ANY GOODS OR SERVICES OFFERED THROUGH THE SITE.

ALLEY CAT ALLIES DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THE SITE WILL BE ERROR-FREE, COMPLETE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, UNINTERRUPTED, TIMELY, OR SECURE, NOR DOES IT REPRESENT THAT ANY ERRORS ON THE SITE WILL BE CORRECTED. 

ALLEY CAT ALLIES DOES NOT PROVIDE VETERINARY SERVICES, AND THEREFORE NOTHING ON THIS SITE SHOULD BE DEEMED ADVICE FROM A LICENSED VETERINARIAN.   YOU SHOULD CONSULT WITH LICENSED VETERINARIAN  FOR ANY HEALTH ISSUES RELATED TO A CAT.

YOU ASSUME THE ENTIRE COST OF ALL REPAIR IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE.

Limitation of Liability

IN NO EVENT WILL ALLEY CAT ALLIES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF ALLEY CAT ALLIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR ANY HARM YOU EXPERIENCE RELATED TO THE SITE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ALLEY CAT ALLIES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO ALLEY CAT ALLIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.

IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, OR DO NOT AGREE TO THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

GIVEN THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.  IF THAT IS THE CASE, ALLEY CAT ALLIES’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW. 

Indemnity

You agree to indemnify, defend and hold harmless Alley Cat Allies, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Alley Cat Allies or any of the Indemnified Parties suffer related to your use of the Site and/or your breach of these Terms.  Your indemnification obligation shall survive the termination of these Terms.

Geographic Scope

Alley Cat Allies operates the Site in the United States, and the Site is intended only for users within the United States.  If you use the Site outside the United States, you are responsible for complying with your local laws.  By using the Site, you agree that personally identifiable information and other non-personal data about you may be transmitted to the United States. 

Miscellaneous

In order to manage email subscriptions, manage contact information, and track donations and action history, you will need to create an account with a user name and password.  You are responsible for maintaining the confidentiality of this information.  If your login information is stolen or compromised, please notify Alley Cat Allies.  You are responsible for all activities through your user account.  

Your use of the Site is also governed by Alley Cat Allies’s Privacy Policy which can be found at http://alleycat.org/page.aspx?pid=432.  This Privacy Policy is incorporated by reference into these Terms. 

The Site may contain links to external sites not controlled or affiliated with Alley Cat Allies.  Alley Cat Allies is not responsible for the content at the linked sites, nor does the presence of links imply that Alley Cat Allies reviews, approves, recommends, or endorses the linked sites or web content.

Any dispute relating to these Terms or the Site are governed by the laws of _Maryland_ without regard to any conflict of laws’ provisions.  You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Maryland (USA) for any litigation relating to the Site, waive any objection to the venue of any such litigation in Maryland_ courts, and agree not to plead or claim in any Maryland court that such litigation brought therein has been brought in an inconvenient forum.

If any part of these Terms is determined by a court to be unenforceable, the remaining language of the Terms will remain in full force and effect.

These Terms constitute the entire agreement of the parties with respect to the Site and supersede all prior oral, written, or electronic communications, promises and proposals between you and Alley Cat Allies.

Alley Cat Allies’ failure to enforce any portion of these Terms is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, waiver and hold harmless promises by you, indemnity, and limitations of liability obligations shall survive the termination of these Terms.

If you need to contact Alley Cat Allies for any reason not already specified in these Terms, please use the following contact information:
info@alleycat.org
7920 Norfolk Avenue,  Suite 600
Bethesda, MD 20814-2525
(240) 482-1980 (phone)
(240) 482-1990 (fax)