Updated April 8, 2010

Terms And Conditions

Welcome to FooPets, owned and operated by FooMojo, Inc., and located at 460 Seaport Court, Suite 200 Redwood City, CA 94063. We would like to thank you in advance for your interest in adopting a FooPet and we'd like to make sure all FooPets are treated with the best care and that the members of the FooPets community (all registered members) are treated fairly too. In order to qualify for pet adoption, and to be a member of the FooPets community, you must accept the following terms and conditions. If you don't understand these terms, you should review them with your parent or guardian. Parents who grant permission for their children to participate on FooPets and within ClubFoo, must also adhere to these terms and make sure your children do as well.

This is a legal agreement between you and FooMojo, Inc. If you are under 13 years of age, you can use a limited version of FooPets.com which contains no social or communication features. If you are under 13, you can gain access to a full set of FooPets features, including social and communication features like the ability to upload a profile photo, send and receive messages and post to forums, via consent from a parent or guardian, by them registering you in ClubFoo. If we determine you are under 13 years of age and using any FooPets social or communication features without parental consent, your account will be suspended. By accessing and using the FooPets website and/or applications within Facebook, MySpace, Apple's iPhone store, created by FooMojo, Inc., you are legally bound by these Terms and Conditions. If you do not agree to these terms, please do not use this website.

Site Policies, Modifications and Severability

At our sole discretion, we reserve the right to change, modify, add to, delete, or otherwise alter these Terms and Conditions at any time. Such changes and/or modifications shall be effective immediately upon their posting and can be viewable by periodically clicking on this link. Please print a copy of this agreement for your records. Continued use of FooPets following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions (including the FooPets Privacy Policy).

License and Site Access

FooMojo, Inc. grants you access to make personal use of this site but not to download (other than page caching) or modify it in any way, other than normal usage or in the public areas that are specifically designed for community feedback. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FooMojo, Inc. Corp. Any unauthorized use terminates the permission or license granted by FooMojo, Inc.

You are granted a limited, revocable, and nonexclusive right to create hyperlinks to FooMojo, Inc. pages so long as the links do not portray FooMojo, Inc. or its suppliers or their products or services in a false or misleading manner.

FooMojo has the right to change, edit, modify, delete or discontinue (a) any feature, function, description, process, art, images, and / or format on FooPets (b) any part of all of FooPets website and/or applications, (c) restrict access to parts of all of FooPets at any time without notice. Simply put, we may change this site or delete content or features or any services provided in any way or any time and for any reason or no reason.

In the case of application or feature upgrades, FooPets may require you to install specific software or obtain higher quality services (such as a high-speed Internet service, monitor resolution of 1024 x 768, and supported Web browsers). FooMojo will disclose changed requirements on the FooPets website and if necessary, email details to opted-in members.

Use of Content

All content included on FooPets and other FooMojo Websites, applications, and portals such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the sole property of FooMojo, Inc. Selection, coordination and arrangement of all content on this site is the exclusive property of FooMojo, Inc., and is protected as a compilation by U.S. and international copyright laws. All software or services used on this site or in conjunction with the Services are the property of FooMojo, Inc., or its software suppliers and is protected by United States and International copyright laws.

You are granted access and use of FooPets and the Public and Member Materials for personal, non-commercial use only. You are not permitted or authorized to copy, reproduce, republish, post, transmit, or distribute Materials (or any portion thereof) in anyway for commercial use. You may not use FooPet materials in a manner that suggests an association with FooMojo products or services or make any modifications to any FooMojo Materials other than as expressly permitted by us.

In addition, you agree that you shall not (1) download or copy any FooPet pages, except through the normal caching function of your browser and except to print and retain a copy of the pages for your own personal, non-commercial use; (2) copy or capture and repurpose FooPet information for the commercial benefit of you or a third party; (3) make any resale or commercial use of FooPets or the FooMojo Materials; (4) publish any collection or compilation of any product listings, descriptions, or prices; (5) create any derivative work of this Website or its contents; (6) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (7) use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout or form) of FooMojo or its licensors; or (8) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of FooMojo or its licensors.

Any images, audio clips, video clips, files, data, etc., incorporated in or generated by the application or software are licensed to your for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. FooMojo retains full and complete title to the FooPets applications, software, art, and intellectual property rights therein. You may not redistribute, sell, reverse engineer, disassemble or otherwise render the application or software. Any unauthorized or prohibited use may subject you to a civil liability and criminal prosecution under applicable laws.

If you want to copy, reproduce, republish, or distribute Materials (or any portion thereof) in any way or by any means for non-commercial use, you must contact FooMojo for permission and attribute 'Copyright 2010 FooMojo, Inc. All Rights Reserved. Used With Permission' or © 2010 FooMojo, Inc. All Rights Reserved. Used with Permission' on every page or instance of FooPets and FooMojo's Public and Member Materials and keep intact other proprietary notices. Without proper FooMojo authorization of use of Materials or Modified Materials is a violation of FooMojo copyright and other proprietary rights. Use of any FooMojo Materials on web pages, sites, presentations, videos or documents that contain third party endorsements of a religious, political, or social orientation, promotions, products, games, services, or other inappropriate content is strictly prohibited. Furthermore, you agree not to reproduce, modify, create derivative works from, reverse engineer, display, publish, distribute, broadcast, sell, disassemble or circulate any Materials to any third party (including but not limited to displaying and distributing the Materials via a third party) without FooMojo's prior written consent. Unauthorized or prohibited exploitation of FooPets Materials will result in deletion of the offender's account from the Site and may be subject to civil liability and criminal prosecution under applicable federal and state laws.

Comments, Communications, and Other Content

Use of FooMojo Applications and Services by you is subject to all applicable local, state, national and international laws and regulations. You may post comments, suggestions, ideas, questions or other information (collectively 'Content'), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam.' FooMojo, Inc. reserves the right (but not the obligation) to remove or edit Content, and tries to monitor and review posted Content within reason.

Rules of Conduct

FooMojo reserves the right to permanently terminate any account for reasons not limited to the following, (a) if you use cheat programs or cheat methods while playing FooPets, including non-FooPets software or programs. If we deem your actions or behavior as 'cheating' or if you do not follow the guidelines or intended processes put forth.

FooPets allows posting and exchange of information, ideas, and opinions ('posts') in forums ('message boards') and personalized descriptions within the FooPet application. Please be advised that posts do not necessarily reflect the view or opinions of FooMojo, Inc. Although we do periodically monitor exchanges and posts, in no way does FooMojo assume responsibility or have liability for any posts or entries or any claims, damages, or losses resulting from use and / or appearance on or affiliated with FooPets. FooMojo, Inc. will make good faith effort to ensure that these public areas serve the best interest of all users.

FooPets allows posting and exchange of information, ideas, and opinions ('posts') in forums, message boards, and personalized descriptions within the FooPet application. Please be advised that posts do not necessarily reflect the view or opinions of FooMojo, Inc. Although we do periodically monitor exchanges and posts, in no way does FooMojo assume responsibility or have liability for any posts or entries or any claims, damages, or losses resulting from use and / or appearance on or affiliated with FooPets. FooMojo, Inc. will make good faith effort to ensure that these public areas serve the best interest of all users. Thus, we reserve the right to edit, delete, or refuse posts, entries, descriptions, or commentaries as we see fit. Posts that violate these Terms and Conditions may result in revoking privileges of those who do not comply. FooMojo, Inc. also reserves the right to contact any third party with possible interest in preserving the safety of users (such as the law enforcement or schools) regarding the content of any post or communications. Please see Privacy Policy.

FooMojo does not allow the following in posts, communications or otherwise:

Obscenities, profanity or lewd language
Sexual content (expressed or implied)
Political, religious, non-profit or rhetorical propaganda
Slander, defamatory, threatening, harassing, pornographic or obscene suggestions, comments, content, and/or images
Materials created by someone else without proper written permission to do so
Solicitation of user passwords
Personal or private information that might identify another user
Linking to our site or placing hyper links to other sites for monetary gain or public affiliation or recognition
Promotions or offering of prizes of any kind, including contests, raffles, lotteries, giveaways, ads on FooPets and /or applications created by FooMojo, Inc.
Spam or advertisements (free or paid in money) or solicitations of any kind or nature
'Cheat' or 'hack' programs that extract information or data from FooPets and/ or FooMojo applications or websites.
Posting 'How to' information or links on how to cheat, hack, or extract information or data from FooPets and/ or FooMojo applications or websites
Attempting to use FooPets in a fraudulent manner, including but not limited to cheat codes, algorithms, multiple identify tactics, exploits or similar measures to gain, or attempt to gain unearned FooDollars, items, pets, or access to FooPets or information or images that have not officially been announced or made public properly by FooMojo, Inc.
Attempt to circumvent the security systems of FooPets
Upload or submit any data or information containing viruses or other code designed to corrupt, interrupt, destroy or limit the functionality, software, hardware, telecommunications, networks, servers or other equipment.
In sole discretion, anything FooMojo sees as inappropriate or not ok for this site.
You (and your guardians if under the age of 18) authorize us to use, and to authorize others to use, your Posts and submissions (opinions and materials) in whole or in part throughout the universe in perpetuity in any form, medium or technology. You also grant FooMojo, Inc. the right to change the postings or submissions in any matter if so desired.
FooMojo, Inc. cannot and will not assure that other users are or will comply with the Rules of Conduct or any other provisions of these Terms and Conditions, and between you and us, you therefore assume all risk of harm or injury resulting from the lack of compliance.

Virtual Currency

FooPet 'currency' is a 'limited license right' governed solely under the terms of this Agreement, not redeemable for any sum of money or monetary value from FooMojo, Inc. at any time. FooMojo may charge fees for the right to use FooDollars or distribute them at no charge – in its sole discretion. You agree that FooMojo, Inc. has the absolute right to manage, regulate, control, modify, and / or eliminate such 'currency' as it sees fit, in sole discretion, and will not be held liable to you or any of our affiliations in result of exercising such right.

You also agree and acknowledge the FooMojo, Inc. may deny any sale or sell order individually or with respect to general volume or price limitations set by FooMojo, Inc. for any reason. In addition, FooMojo may limit sellers or buyers to any group of users at any time, halt suspend discontinue or reverse any currency (FooDollars) exchange or transactions (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions or interference with the Service

User Submitted Artwork

By uploading and/or submitting art to FooPets and FooMojo, Inc., you are confirming that (a) you are the original creator and (b) you give FooMojo, Inc., its affiliates, agents, representatives, successors and users authorized by FooMojo, Inc., full rights to use and / or resell the artwork, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporated such materials into any form, medium or technology unconditionally, indefinitely, irrevocably, exclusively, and perpetually, royalty-free, sub-licensable and transferable worldwide license under all FooMojo, Inc. copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights. In addition, you waive the so-called 'moral rights' and other rights recognized throughout the world (including without limitation, the European Economic Community), in those materials have been waived.

You also understand that posted or submitted reviews, messages and commentary, may be used by FooMojo for promotional or educational purposes on FooPets' site or elsewhere and maybe edited, modified or deleted as FooMojo sees fit.

If you are under 13 years of age, you can use a limited version of FooPets.com which contains no social or communication features. If you are under 13, you can gain access to a full set of FooPets features, including social and communication features like the ability to upload a profile photo, send and receive messages and post to forums, all via consent from a parent or guardian.

Denial of Access

FooMojo, Inc. has the right and sole discretion to deny access to any part of FooPets website or applications. FooMojo, Inc. also retains the right to terminate or suspend your account based on the belief that you have violated this agreement. The sending of an email notice from FooMojo, Inc. to any email address used or registered by a person who is subject to denial shall constitute complete and sufficient notice. Agreeing to these 'Terms and Conditions' means that you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. There will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the application or service. You will not be able to cash in your FooDollars or return purchased items or pets on our site.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY FOOMOJO, INC. ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. FOOMOJO, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOOMOJO, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, FOOMOJO, INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE. FOOMOJO, INC. ALSO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINTED IN OR FROM THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT BUGS OR DEFECTS WILL BE CORRECTED, OR THAT FOOPETS OR THE SERVERS THAT MAKE IT AVAILABLE OR COMMUNICATIONS METHODS FROM FOOMOJO, INC. ARE FREE VIRUSES OR OTHER HARMFUL COMPONENTS.

FOOMOJO, INC. IS NOT LIABLE IN ANY WAY FOR FAILURE OF THE FOOPETS SITE OR MOBILE SERVICES INCLUDING (BUT NOT LIMITED TO) WHERE YOUR MOBILE DEVICE IS NOT COMPATIBLE WITH THE CONTENT YOU HAVE ORDERED, FOR ANY CONNECTIVITY FAILURE, ERROR RESULTING FROM INCORRECT USER INFORMATION BEING ENTERED OR SUSPENSION OF SERVICE DUE TO INSUFFICIENT FUNDS. NOR ARE WE HELD RELIABLE IF ANOTHER PERSON(S) RETRIEVES AND USES YOUR PERSONAL INFORMATION WITHOUT FAULT OR CAUSE OF FOOMOJO, INC.

FOOMOJO, INC. WILL NOT BE HELD RESPONSIBLE OR LIABLE TO COMPLY WITH OUR OBLIGATIONS UNDER THESE TERMS OF USE IF DELAY OR FAILURE ARISES FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL (SUCH AS NETWORK PROVIDERS OR OTHER THIRD PARTY PROVIDERS). FINALLY, UNDER NO CIRCUMSTANCES SHALL WE, OR ANY OF OUR SERVICE PROVIDERS SUPPLIERS, OR PARTNERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOSS OF PRODUCTION, LOSS OF DATA, LOSS OF GOODWILL OR CREDIT, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, OR FOR ANY CLAIMS OF PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE THAT RESULT FROM (A) THE USE OR INABILITY TO USE FOOPETS OR FOOMOJO CONTENT, OR (B) THE CONDUCT OR ACTIONS WHETHER ONLINE OR OFFLINE, OR ANY USER OF FOOPETS OR ANY OTHER PERSON OR ENTITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

We strive to protect and secure your private information (see Privacy Policy). In addition to us doing our part to keep your data safe, you are additionally responsible for maintaining the confidentiality of your personal and private information (username(s), password(s), and account(s), as well as activities that occur under your account(s).

You agree to indemnify and hold FooMojo, Inc., its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these 'Terms and Conditions' or violation of any representations or warranties contained herein. You also agree to hold FooMojo, Inc. harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any media or other content you provide to or post on FooMojo, Inc.'s site.

We reserve the right, at our expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Applicable Law

By visiting FooPets and FooMojo, Inc.'s website(s), applications and portals, you agree that the laws of the State of California will govern these Terms of Use and any dispute of any sort that might arise between you and FooMojo, Inc.

Merger or Acquisition

It is possible that as we continue to develop our website and our business, FooMojo, Inc. Services and/or related assets, FooMojo, Inc. might be acquired or transferred as part of a merger. In the event of such a transaction, you understand and agree that FooMojo, Inc. may assign its rights under these Terms and Conditions and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.

Disputes

Any dispute relating in any way to your visit to FooMojo, Inc.'s websites, applications or portals shall be submitted to confidential arbitration. To initiate arbitration, you or FooMojo, Inc. must first send a written notice via certified mail to the other party indicating intent to arbitrate. This notice will include (a) a description of the facts; (b) a description of the nature of the claim; and (c) the Relief Sought. Send notice to arbitrate to: FooMojo, Inc. attn: Legal Counsel, 460 Seaport Court, Suite 200 Redwood City, CA, 94063.

Exception is if you have in any manner violated or threatened to violate FooMojo, Inc.'s intellectual property rights, FooMojo, Inc. may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.

Ads and Malware

We take great care and pride in creating FooPet applications and services. We strive to identify and fix bugs and technical glitches that affect how the site works. However, there are some variables that are out of our control. Such factors can include but are not limited to (a) the result of Malware [MALicious SoftWARE] on your personal computer. Malware is a form of software that includes computer viruses, key loggers, malicious active content, rogue programs and dialers, to name a few, that is installed with malicious intentions, typically without the owner's knowledge or permission.

We recommend that you safeguard your computer with anti-virus software.

Please note, we cannot be responsible for the effects of any third-party software including Malware on your computer. Please read the Help or Customer Support areas of any software download sites.

No Refunds for Cancellations or Discontinued Use

You may cancel your account or discontinue visiting or using FooPets at any time. If you have paid for FooDollars or time period in advance, you can use the remaining balance in accordance with these Terms unless your account has been terminated based on our belief that you have violated this Agreement. There will not be refunds for any unused FooDollars, time or prepaid fees for any portion of FooPet services.

Final Note to Parents and Adults

FooPets.com is an educational application designed to simulate the experience of real pet ownership. What you do in terms of care will affect your virtual pet's health and well being. Your pet will need medicines, flea care treatment and may get sick from time to time. It is your responsibility to make sure your FooPets needs are met every day. Failure to do so may result in your FooPet being taken to the FooShelter. As in the real world, you will need to pay a fee to get your pet out of the FooShelter, and for any medicines or food administered during its stay.

Like real dogs and cats, life expectancy is between 10-15 years. During this time, we understand that you will bond with your FooPet as it grows from babyhood to adulthood, becomes elderly and eventually passes away. FooPet adoption is a choice made by you "at will." Please consider your emotional availability before adopting your FooPet. We will not be held liable for emotional or mental health issues that may occur from adopting and owning a FooPet.

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