Try for FREE
Sign up for FREE

Terms of Use and Disclaimer

Last Update: April 18, 2013
These Terms of Service ("Terms") govern your use of RSQUE.org ("Company", RSQUE, WollnerStudios, Inc.) web site located at http://www.rsque.org (the "Site") and the services that are made available through the Site (collectively, the "RSQUE Animal Rescue Database Service"). Please read these Terms carefully. By using the RSQUE Service, you are stating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the RSQUE Service.

RSQUE™, the RSQUE™ logo, Spread the WOOF™, and RSQUE.org are trademarks, service marks, membership marks, and/or logos of WOLLNERSTUDIOS INC. All WOLLNERSTUDIOS trademarks, service marks, membership marks and logos appearing on RSQUE.org are the property of WOLLNERSTUDIOS and all rights in those trademarks, service marks, membership marks and logos are reserved. Members of RSQUE using any of the membership marks are bound by and should refer to the rules and regulations governing use of those marks to assure proper usage.

Please review the RSQUE.org Privacy Policy which also governs your use and interaction with the Site. In consideration of the WOLLNERSTUDIOS, RSQUEgranting you access to the Site, you hereby agree as follows:

By posting material to the Site, you warrant and represent that you either own or otherwise control all of the rights to that material, including without limitation, all the rights necessary for you to provide, post, upload, input, or submit the material, or that your use of the material is a fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the material you supply does not violate these Terms, and that you will indemnify and hold WOLLNERSTUDIOS, RSQUE, its subsidiaries, affiliates, officers, employees, and agents, harmless for any and all claims resulting from material you supply.

By posting material to the Site, you grant WOLLNERSTUDIOS, RSQUE, its subsidiaries, affiliates, partners and third party licensees a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate your material with other content, create derivative works of and publicly perform that content for any purpose on and through each of the services provided by the Site. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed.

THIS SITE IS PROVIDED BY RSQUE and WOLLNERSTUDIOS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY .RSQUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS SITE, OR THAT ACCESS TO OR USE OF REALTOR.ORG WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RSQUE and WOLLNERSTUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY. YOU AGREE THAT RSQU OR WOLNERSTUDIOS IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.

As part of the registration process to use the Members Only or ADMIN portions of the Site, you will select a user name and password. You may change your password at any time in accordance with the procedure on the Site. You agree you are exclusively responsible for maintaining the security of your password. You agree to provideWOLLNERSTUDIOS and RSQUE with accurate, complete, and updated registration information. Failure to do shall constitute a breach of this Agreement, which may result in immediate termination of your access to the Site.

WOLLNERSTUDIOS and RSQUE reserves the right, but not the obligation, to send electronic mail to any and all users of the Site for the purpose of informing them of changes or additions to the Site or any related services or products. Your registration on the Site constitutes your consent to receive such electronic mail unless it is subject to any right you may have to opt-out of receiving said messages and you have opted out as provided for in WOLLNERSTUDIOS and RSQUE’s Privacy Policy.

WOLLNERSTUDIOS and RSQUE may at any time, in its sole discretion, terminate, limit or suspend your access to RSQUE.org, without notice or liability, for any reason whatsoever, including without limitation your breach of this Agreement or the termination of your membership or subscriptions in RSQUE.

WOLLNERSTUDIOS and RSQUE disclaims responsibility and liability for the content and opinions expressed by others on the Site including, but not limited to, content or opinions regarding any products or service mentioned on the Site.

If you upload Content to the Site, you agree to indemnify and hold WOLLNERSTUDIOS and RSQUE harmless from any and all liability, damages or expenses whatsoever due, directly or indirectly, to any cause of action arising out of the Content posted by you.

Your Responsibilities.
You agree not to use the RSQUE Service to violate any local, state, national, or international law or regulation.

Termination.
You agree that Company may terminate your RSQUE Service membership or suspend your access to all or part of the RSQUE Service, without notice, if Company determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that Company shall not be liable to you or any third party for removing your Submissions or suspending or terminating your access to the RSQUE Service. You may discontinue your participation in and access to the RSQUE Service at any time.

Modifications To Terms.
Company may, in its sole and absolute discretion, change these Terms from time to time. Company will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the RSQUE Service. Continued use of the RSQUE Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Modifications To RSQUE Service.
Company reserves the right to modify or discontinue the RSQUE Service with or without notice to you. Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue the RSQUE Service.

Links.
Company's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Company endorsement of such other Web site or resource or its contents. Company shall have no responsibility or liability for any information, software, or materials found at any other Web site or Internet resource.

No Resale Of RSQUE Service.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which Company agrees you retain all rights) of the RSQUE Service, use of the RSQUE Service, or access to the RSQUE Service.

Disclaimer of Warranties.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE RSQUE SERVICE IS AT YOUR SOLE RISK. THE RSQUE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS .WOLLNERSTUDIOS AND RSQUE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THERSQUE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). WOLLNERSTUDIOS AND RSQUE MAKES NO WARRANTY THAT THE RSQUE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE RSQUE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION UPLOADED OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RSQUE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WOLLNERSTUDIOS AND RSQUE OR THROUGH THE RSQUE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL RSQUE AND WOLLNERSTUDIOS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE RSQUE SERVICE.

Exclusions And Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company. liability shall be the minimum permitted under such applicable law.

Indemnification.
You agree to indemnify, defend, and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the RSQUE Service, (b) your (or anyone using your account's) use of the RSQUE Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.

Miscellaneous.
These Terms constitute the entire and exclusive and final statement of the agreement between you and Company with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Company with respect to the subject matter hereof. These Terms and the relationship between you and Company shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the RSQUE Service shall be brought in the Federal or State courts located in California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Company and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the RSQUE Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2, 4, 5, and 10 through 15 of these Terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the RSQUE Service.

If you believe that your intellectual property rights have been violated by WOLLNERSTUDIOS, RSQUE or by a third party who has uploaded Content on our Site, please provide the following information to the WOLLNERSTUDIOS-designated copyright agent listed below:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, a telephone number, and an e-mail address where WOLLNERSTUDIOS and RSQUE can contact you and, if different, an e-mail address where the alleged infringing party, if not WOLLNERSTUDIOS, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
f. Your electronic or physical signature.

WOLLNERSTUDIOS and RSQUE may request additional information before removing any infringing material. WOLLNERSTUDIOS and RSQUE may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.

WOLLNERSTUDIOS and RSQUE has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). If you believe your copyright material is being used on this Site without permission, please notify the designated agent at:

Michael Wollner
WollnerStudios, Inc.
19744 Beach Blvd.
Huntington Beach
CA 92648
(714) 521 6779

 

© Copyright 2013 RSQUE.org and WollnerStudios, Inc.
RSQUE™ and Spread the WOOF™ are trademarks of WollnerStudios, Inc. Website Developed by WollnerStudios.com

ABOUT          FEATURES          FAQ          SIGN UP          SERVICES          CONTACT          PRIVACY POLICY          DISCLAIMER