PlayBow App Terms of Service
Last Updated: July 4, 2017
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you” or “User”) and PlayBow LLC (“PlayBow,” “we,” “us” or “our”) governing your use of the PlayBow application, website, and technology platform (collectively, the “PlayBow Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND PLAYBOW HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 14 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST PLAYBOW TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
By entering into this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions of Section 14) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE PLAYBOW PLATFORM.
1. The PlayBow Platform
The PlayBow Platform provides a digital medium for Users to purchase PlayBow-related products and services (collectively referred to as “Services”), and to access information about their pet. Each User shall create a User account that enables access to the PlayBow Platform. Any decision by a User to purchase Services is a decision made in such User’s sole discretion.
2. Modification to the Agreement
In the event PlayBow modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. PlayBow reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the PlayBow Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The PlayBow Platform may only be used by individuals who can form legally binding contracts under applicable law. The PlayBow Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
As a User, you agree to pay the amounts charged for your use of the PlayBow Platform and Services (“Charges”). Charges include the cost of Services and other applicable fees, surcharges, and taxes, plus any tips to PlayBow employees that you elect to pay. PlayBow has the authority and reserves the right to determine and modify pricing at any time, and the current price will be displayed to the User in the process of any purchase.
Pricing may vary based on the type of service you request (e.g., Pick Play Dates, or Monthly Membership), and may also vary based on the time that you request the service. Pricing may be higher or lower, depending upon the supply and demand for PlayBow’s Services, and such pricing will be determined at PlayBow’s sole discretion. PlayBow will use reasonable efforts to inform you of the current price at the time you request PlayBow’s Services. This includes, for example, displaying the current price to the User as a part of the purchasing process.
You are responsible for reviewing all pricing information displayed through the PlayBow Platform, and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
One-time and Recurring Charges. There are two types of charges, one-time and recurring.
One-time. A one-time charge is only charged to the User once for the Services requested. Examples include Pick Play Dates, and Sleepovers.
Recurring. Recurring charges are for ongoing Services that are membership-based, or subscription-based. The User understands, acknowledges, and agrees that recurring charges will be automatically billed and charged to the User on an ongoing basis, without the need to notify the User of such charges. For example, with a monthly membership, the User subscribes to a daycare plan that is automatically billed and charged to the User on the 1st of each month. If the User has credits remaining in the User’s account, those credits will be automatically deducted to cover the monthly membership charges. If there are insufficient credits in the User’s account, the User will need to add sufficient credits to maintain the membership. Otherwise, the User’s monthly membership will be canceled, and the User’s daycare reservations will be canceled as well.
Fees and Other Charges.
Service Fee. PlayBow may assess a “Service Fee” to support the PlayBow Platform and related Services provided to you by PlayBow. The amount of the Service Fee may vary but shall be retained by PlayBow in its entirety.
Cancellation Fee. After requesting certain Services, you may cancel it through the app, but note that in many cases, a cancellation fee may apply. Or in the alternative, only a partial credit of the amount paid will be returned to your account. Please review PlayBow’s cancellation policy below for further information about cancelling Services that have been requested.
Damage Fee. If PlayBow determines, at PlayBow’s sole discretion, that your pet has materially damaged the PlayBow facility, or any property contained therein, you agree to pay a “Damage Fee” of up to $500, depending on the extent of the damage (as determined by PlayBow in its sole discretion), towards repair or cleaning.
Bodily Harm Charges. If PlayBow determines, at PlayBow’s sole discretion, that your pet has materially caused any injury or bodily harm to another pet or any person during its association with PlayBow, you agree to pay for all medical and veterinary bills that are recommended by a medical professional for the treatment of such pet or person.
Other Charges. Other fees and surcharges may apply to your Services requested, including but not limited to: state or local fees, event fees as determined by PlayBow or its marketing partners, and any processing fees. In addition, where required by law, PlayBow will collect applicable taxes.
Tips. In the course of requesting Services, you may elect to tip PlayBow employees through the PlayBow application. Any tips will be provided entirely to the appropriate PlayBow employees.
Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). PlayBow may replace its third-party payment processing services without notice to you. Charges shall only be made through the PlayBow Platform.
No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the PlayBow Platform, any disruption to the PlayBow Platform or Services, or any other reason whatsoever.
Credits. You may add credits to your PlayBow account, and you may receive credits through the PlayBow Platform. These credits can be applied toward payment of certain Charges. Credits are only valid for use on the PlayBow Platform, and are not transferable or redeemable for cash except as required by law. if the cost of the Services you request exceeds the applicable credit in your account, PlayBow reserves the right to charge your payment method on file for the outstanding cost of the Services.
Credit Card Authorization. Upon addition of a new payment method or a request for Services, PlayBow may seek authorization of your selected payment method to verify the payment method, ensure the cost of Services will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
5. PlayBow Communications
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from PlayBow, its affiliated companies and/or affiliated entities, may include but are not limited to: operational communications concerning your User account or use of the PlayBow Platform or Services, updates concerning new and existing features on the PlayBow Platform, communications concerning promotions run by us or our third- party partners, and news concerning PlayBow and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send, and such charges will not be reimbursed to the User.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, PLEASE EMAIL US AT APP@PLAYBOWDOGS.COM. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE PLAYBOW PLATFORM OR ANY SERVICES.
6. Your Information
You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable PlayBow to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. PlayBow does not assert any ownership over your Information; rather, as between you and PlayBow, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You may be able to create or log-in to your PlayBow User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account"). By connecting to PlayBow through an SNS Account, you understand that PlayBow may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the PlayBow Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.
7. Promotions and Referral Programs
PlayBow, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with PlayBow. PlayBow reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that PlayBow determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
As part of your User account, PlayBow may provide you with or allow you to create a “PlayBow Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users. PlayBow Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your PlayBow Code. You are prohibited from advertising PlayBow Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. PlayBow reserves the right to deactivate or invalidate any PlayBow Code at any time in PlayBow’s discretion.
From time to time, PlayBow may offer you with incentives to refer new Users to the PlayBow community (the “Referral Program”). These incentives may come in the form of PlayBow Credits, and PlayBow may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of PlayBow Codes and participation in the Referral Program is subject to this Agreement.
8. Restricted Activities
With respect to your use of the PlayBow Platform and your participation in the Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Services or the PlayBow Platform or the servers or networks connected to the PlayBow Platform;
post Information or interact on the PlayBow Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
use the PlayBow Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the PlayBow Platform;
“frame” or “mirror” any part of the PlayBow Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the PlayBow Platform or any software used on or for the PlayBow Platform;
rent, lease, lend, sell, redistribute, license or sublicense the PlayBow Platform or access to any portion of the PlayBow Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the PlayBow Platform or its contents;
link directly or indirectly to any other web sites;
transfer or sell your User account, password and/or identification to any other party
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
cause any third party to engage in the restricted activities above.
9. Intellectual Property
All intellectual property rights in the photos and videos created by PlayBow shall be owned by PlayBow absolutely and in their entirety. These photos and videos may include images of you and/or your pet, but by using the PlayBow Platform, you agree that all photos and videos created by PlayBow shall result in PlayBow’s ownership of all intellectual property rights associated with such photos and videos containing images of you and/or your pet.
All intellectual property rights in the PlayBow Platform shall be owned by PlayBow absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the PlayBow Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of PlayBow. PlayBow shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
PLAYBOW and other PlayBow logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of PlayBow in the United States and/or other countries (collectively, the “PlayBow Marks”). You acknowledge that PlayBow is the owner and licensor of the PlayBow Marks, including all goodwill associated therewith.
You agree that you will not: (1) create any materials that incorporate the PlayBow Marks or any derivatives of the PlayBow Marks other than as expressly approved by PlayBow in writing; (2) use the PlayBow Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the PlayBow Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair PlayBow’s rights as owner of the PlayBow Marks or the legality and/or enforceability of the PlayBow Marks, including, without limitation, challenging or opposing PlayBow’s ownership in the PlayBow Marks; (4) apply for trademark registration or renewal of trademark registration of any of the PlayBow Marks, any derivative of the PlayBow Marks, any combination of the PlayBow Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the PlayBow Marks; (5) use the PlayBow Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
PlayBow respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the PlayBow Platform or Services infringe upon your copyrights, please contact us at: email@example.com.
The following disclaimers are made on behalf of PlayBow, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
The PlayBow Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the PlayBow Platform and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the PlayBow Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the PlayBow Platform will be corrected, or that the PlayBow Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the PlayBow Platform or Services.
PlayBow is not responsible for the conduct, whether online or offline, of any User of the PlayBow Platform or Services. You are solely responsible for your interactions with other Users. By using the PlayBow Platform and participating in the Services, you agree to accept such risks and agree that PlayBow is not responsible for the acts or omissions of Users on the PlayBow Platform or participating in the Services.
PlayBow expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the PlayBow Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the PlayBow Platform or through the Services. Please carefully select the type of information that you post on the PlayBow Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning PlayBow or made available through the PlayBow Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the PlayBow Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the PlayBow Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Any location data provided by the PlayBow Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither PlayBow, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the PlayBow Platform. Any of your Information, including geolocational data, you upload, provide, or post on the PlayBow Platform may be accessible to PlayBow and certain Users of the PlayBow Platform.
PlayBow advises you to use the PlayBow Platform with a data plan with unlimited or very high data usage limits, and PlayBow shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the PlayBow Platform.
This paragraph applies to any version of the PlayBow Platform that you acquire from the Apple App Store. This Agreement is entered into between you and PlayBow. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the PlayBow Platform. PlayBow, not Apple, is solely responsible for the PlayBow Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold PlayBow including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the PlayBow Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the PlayBow Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
12. Limitation of Liability
IN NO EVENT WILL PLAYBOW, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “PLAYBOW” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE PLAYBOW PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE PLAYBOW PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITH RESPECT TO THIRD PARTY PROVIDERS, THE PLAYBOW PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE PET CARE SERVICES, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PLAYBOW HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PET CARE SERVICES, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW 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.
13. Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to PlayBow; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement.
14. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and PlayBow.
YOU AND PLAYBOW MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with PlayBow ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and PlayBow, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND PLAYBOW. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the PlayBow Platform, the Services, any other goods or services made available through the PlayBow Platform, your relationship with PlayBow, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by PlayBow, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by PlayBow and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND PLAYBOW ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND PLAYBOW MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND PLAYBOW BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST PLAYBOW, WHICH ARE ADDRESSED SEPARATELY IN SECTION 14(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(c) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and PlayBow agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and PlayBow agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.
As part of the arbitration, both you and PlayBow will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (i) below and are otherwise required to pay a filing fee under the relevant AAA Rules, PlayBow agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to PlayBow, PlayBow will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.
If PlayBow initiates arbitration under this Arbitration Agreement, PlayBow will pay all AAA filing and arbitration fees.
Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
Although under some laws PlayBow may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, PlayBow agrees that it will not seek such an award.
If the arbitrator issues you an award that is greater than the value of PlayBow’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (j) below, then PlayBow will pay you the amount of the award or U.S. $1,000, whichever is greater.
(f) Location and Manner of Arbitration.
Unless you and PlayBow agree otherwise, any arbitration hearings between PlayBow and a User will take place in the county of your billing address. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your Claim is for $10,000 or less, PlayBow agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
(g) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in subsection (c) above of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(i) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and PlayBow may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and PlayBow. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to PlayBow’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by PlayBow for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of PlayBow in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to PlayBow with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by PlayBow or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of PlayBow; becomes known to you, without restriction, from a source other than PlayBow without breach of this Agreement by you and otherwise not in violation of PlayBow’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to PlayBow to enable PlayBow to seek a protective order or otherwise prevent or restrict such disclosure.
Except as provided in Section 14, this Agreement shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by PlayBow, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to PlayBow shall be given by certified mail, postage prepaid and return receipt requested to PlayBow LLC, 1410 Ocean Ave, San Francisco, CA 94112. Any notices to you shall be provided to you through the PlayBow Platform or given to you via the email address or physical address you provide to PlayBow during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and PlayBow with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the PlayBow Platform or Services, please contact our Customer Support Team at: firstname.lastname@example.org.
Last Updated: July 6, 2017
2. Information We Collect
A. Information You Provide to Us
Registration Information. When you sign up for a PlayBow account, you give us your name, your pet’s name(s), email address, and phone number. If you decide to sign up for PlayBow using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.
User Profile Information. When you join the PlayBow community, you can create a Profile to share fun facts about yourself, your pets, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name is always part of your Profile.
Payment Method. When you add a credit card or payment method to your PlayBow account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.
Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.
B. Information We Collect When You Use the PlayBow Platform
Location Information. To provide the best service possible, we are always looking for ways to improve the PlayBow Platform. To do this, it may be helpful to acquire your mobile device’s location information. For example, to improve the check-out experience for picking up dogs, getting information that you are close to our facility can help us to prepare your dog for pick-up and checking out. Thus, the PlayBow Platform may collect the precise location of your mobile device when the app is running in the foreground or background. If you give us permission through your device settings or the PlayBow app, we may collect your location while the app is off to identify promotions or service updates in your area.
Device Information. PlayBow also receives information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier.
Usage Information. To help us understand how you use the PlayBow Platform and to help us improve it, we automatically receive information about your interactions with the PlayBow Platform, like the pages or other content you view, your actions within the PlayBow app, and the dates and times of your visits.
Call and Text Information. We work with a third party partner to facilitate phone calls and text messages to and from Users. We receive information about these communications including the date and time of the call or SMS message, the applicable phone numbers, and the content of any SMS messages.
User Feedback. At PlayBow, we want to make sure Users are always enjoying our Services. From time to time, Users may rate and review their experience with the PlayBow Platform, and with PlayBow employees. PlayBow receives such information through the PlayBow Platform.
Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the PlayBow Platform and interact with PlayBow advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the PlayBow Platform. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the PlayBow Platform.
C. Information We Collect from Third Parties
Third Party Services. If you choose to register for PlayBow or otherwise link your PlayBow account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.
Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.
3. How We Use the Information We Collect
We use the information we collect from all Users to:
Connect Users with their pets and other Users;
Provide, improve, expand, and promote the PlayBow Platform;
Analyze how the PlayBow community uses the PlayBow Platform;
Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;
Personalize the PlayBow experience for you and your friends and contacts;
Send you text messages and push notifications;
Facilitate transactions and payments;
Provide you with customer support;
Find and prevent fraud; and
Respond to trust and safety issues that may arise, and requests from government authorities.
4. How We Share the Information We Collect
A. Sharing Between Users
Sharing between Users. In order to help you connect with other Users on the PlayBow Platform, we may share select information from your Profile with other Users. For example, we may show photos of you and/or your pet, as well as your name, and potentially contact information.
B. Sharing Between PlayBow and Third Parties
API and Integration Partners. If you connect to the PlayBow Platform through an integration with a third party service, we may share information about your use of the PlayBow Platform with that third party. We may share your information with our third party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.
Third Party Services. The PlayBow Platform may allow you to connect with other websites, products, or services that we don’t have control over. If you use these services, we will provide the third party with information about you to allow them to provide the service to you (for example, we may give your name, phone number and address for a third-party delivery service). We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.
Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the PlayBow Platform, including all of the collected information discussed above.
Other Sharing. We may share your information with third parties in the following cases:
While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;
If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;
With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the PlayBow community, PlayBow, or the public;
To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
If you signed up for a promotion with another User’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;
With our insurance partners to help determine and provide relevant coverage in the event of an incident;
To provide information about the use of the PlayBow Platform to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and
Whenever you consent to the sharing.
5. Your Choices
Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the PlayBow Platform.
Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the PlayBow Platform (such as receiving a notification that your pet is ready for pick-up).
Facebook Friends. You can control whether to enable or disable the Facebook mutual friends feature through your profile settings.
Data Security. We are committed to protecting the data of the PlayBow community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.
Children’s Privacy. PlayBow is not directed to children, and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us at: email@example.com.