Ark Animal Health’s website terms and conditions
1. Your acceptance
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, files, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
The Service may contain links to third party websites that are not owned or controlled by ARK ANIMAL HEALTH. ARK ANIMAL HEALTH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, ARK ANIMAL HEALTH will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve ARK ANIMAL HEALTH from any and all liability arising from your use of any third-party website.
ARK ANIMAL HEALTH hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that: You agree to abide by any of the restrictions imposed by ARK ANIMAL HEALTH in the Service, including, but notwithstanding, forwarding or sharing any information marked as “Private” or “Do Not Forward”, or similarly marked, to any other User internally or externally or to any third party or persons.
You agree not to distribute in any medium any part of the Service or the Content without ARK ANIMAL HEALTH’s prior written authorization, unless ARK ANIMAL HEALTH makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means ARK ANIMAL HEALTH may designate.
You agree not to use the Service for any commercial uses unless you obtain ARK ANIMAL HEALTH’s prior written approval, including, but not limited to the following:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content;
or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from ARK ANIMAL HEALTH appears on the same page and is of sufficient value to be the basis for such sales.
If you use a ARK ANIMAL HEALTH-provided embeddable player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the ARK ANIMAL HEALTH website.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the ARK ANIMAL HEALTH servers in a given period than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (eg, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
ARK ANIMAL HEALTH reserves the right to discontinue or alter any aspect of the Service at any time.
3. Your use of content and third party service provider content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content and the content of third party service providers (“Third Party Service Providers”).
The Content on the Service, and the trademarks, service marks and logos (collectively, “Marks”) on the Site and Service, are owned by or licensed to ARK ANIMAL HEALTH subject to copyright and other intellectual property rights under the law.
You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of ARK ANIMAL HEALTH or the respective licensors of the Content. ARK ANIMAL HEALTH and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that ARK ANIMAL HEALTH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 ARK ANIMAL HEALTH with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ARK ANIMAL HEALTH, its parent, owners, operators, officers, employees, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
You are responsible for your use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). You take all risks associated with the Services and any Content accessed or made available to others through your account.
You acknowledge that the Services may allow you to access and use content and services offered by Third Party Service Providers (eg, Twitter, Facebook, LinkedIn, etc.). By use of the Service, you agree to comply with the relevant terms and conditions of any such Third Party Service Provider.
Your access to and use of the Services must be in accordance with these terms of service or use of these Third Party Service Providers. If you violate these Terms of Service, you are no longer permitted to use the Services ARK ANIMAL HEALTH may (but has no obligation to) terminate your ability to access or use the Services at any time.
4. Your content and conduct
As a ARK ANIMAL HEALTH user, you may submit Content to the Service, including pictures and user comments. You understand that ARK ANIMAL HEALTH does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to ARK ANIMAL HEALTH all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to ARK ANIMAL HEALTH, you hereby grant ARK ANIMAL HEALTH a worldwide, nonexclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and ARK ANIMAL HEALTH’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a nonexclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in through the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that ARK ANIMAL HEALTH may retain, but not display, distribute, or perform, server copies of your pictures or other media that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ARK ANIMAL HEALTH all of the license rights granted herein.
You further agree that you will not:
Submit to the Service any Content or other material that is (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; Access, tamper with, or use nonpublic areas of the Site or Service (including but not limited to user folders or areas not designated as “public” or that you have not been given permission to access), ARK ANIMAL HEALTH’s computer systems, or the technical delivery systems of ARK ANIMAL HEALTH’s providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, Content or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by ARK ANIMAL HEALTH or other generally available third-party web browsers (such as Microsoft Internet Explorer, Google Chrome, Apple Safari or Mozilla Firefox), including but not limited to browser automation tools;
Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services, without the consent of ARK ANIMAL HEALTH;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content, Files or Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content or Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on ARK ANIMAL HEALTH’s computer system, those systems of ARK ANIMAL HEALTH’s providers, or otherwise use the Site, Content or Services to attempt to distribute malware;
or Impersonate or misrepresent your affiliation with any person or entity.
ARK ANIMAL HEALTH does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ARK ANIMAL HEALTH expressly disclaims any and all liability in connection with Content. ARK ANIMAL HEALTH does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and ARK ANIMAL HEALTH will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. ARK ANIMAL HEALTH reserves the right to remove Content without prior notice.
5. Account termination policy
ARK ANIMAL HEALTH will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
6. Digital millennium copyright act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), you may submit your notification pursuant to the ARK ANIMAL HEALTH DMCA Policy.
7. Warranty disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ARK ANIMAL HEALTH (“ARK ANIMAL HEALTH”), ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. ARK ANIMAL HEALTH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE OR INREACH APPLICATIONS RELATED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 THE SERVICES, (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 SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) 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 VIA THE SERVICES. ARK ANIMAL HEALTH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ARK ANIMAL HEALTH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION OR BETWEEN YOU AND THIRD-PARTY ENTITIES. AS WITH COMMUNICATIONS IN ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of liability
IN NO EVENT SHALL ARK ANIMAL HEALTH. (“ARK ANIMAL HEALTH”), ITS SUBSIDIARIES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES 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 THE SERVICES, (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 THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) 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 SERVICES, 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 ARK ANIMAL HEALTH SHALL NOT BE LIABLE FOR CONTENT 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.
The Services are offered by ARK ANIMAL HEALTH from its facilities in the United States of America. ARK ANIMAL HEALTH does not intend to make the Services available to any persons or entities located outside of the United States of America (and prohibits such use) and makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
Certain portions of the Service may be translated into other languages, but ARK ANIMAL HEALTH makes no representations or warranties regarding the content, accuracy or completeness of those translations.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ARK ANIMAL HEALTH. (“ARK ANIMAL HEALTH”), its subsidiaries and each of their 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 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 your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
10. Ability to accept terms of service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 16, as the Service is not intended for children under 16. If you are under 16 years of age, then please do not use the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ARK ANIMAL HEALTH without restriction.
12. Account security
As applicable, you are responsible for safeguarding the password that you use to access the Site, Content (including any files), and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You acknowledge that if you wish to protect your transmission of data and/or files to ARK ANIMAL HEALTH, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site and Services (including, any applications and files).
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over ARK ANIMAL HEALTH, either specific or general, in jurisdictions other than California. 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 ARK ANIMAL HEALTH that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Southern District of California, State of California. These Terms of Service, together with the Privacy Notice here, the DMCA Notice, and any other legal notices published by ARK ANIMAL HEALTH on the Service, shall constitute the entire agreement between you and ARK ANIMAL HEALTH concerning the 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 ARK ANIMAL HEALTH’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ARK ANIMAL HEALTH reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ARK ANIMAL HEALTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: April 10, 2017