Terms and Conditions

Updated 06/30/2017

Cats In Hats, LLC. (Cats In Hats or “We”) provides a platform via its app (the “App”) to a community of registered users (“Users” or “you”) to upload and display photographs and (“Visual Content”) share comments. The following are the terms of service (“Terms”) for using the App and the Services.

1. Modification of Terms
2. Signing In
3. User Conduct
4. Content Submitted Or Made Available For Inclusion On The Service
5. Copyright Complaints
6. Release And Indemnity
7. Trademarks
8. Termination
9. Warranty Disclaimer
10. Limitation of Liability

1. Modification of Terms: Cats In Hats reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Cats In Hats will notify you by posting an announcement in the App. What constitutes a material change will be determined at Cats In Hat’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content shall constitute your acceptance of the Terms as modified.
Your access to and use of the App and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the App or any other reason within or outside the control of Cats In Hats. Cats In Hats reserves the right to suspend or discontinue the availability of the App and/or remove any Visual Content at any time at its sole discretion and without prior notice. The App should not be used or relied upon for storage of your Visual Content and you are directed to retain your own copies of all Visual Content posted on the App.

2. Signing In: As a condition to using Services, you are required to sign in with a social account and select a username. The information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Services are available authorized representatives of legal entities and to individuals who are at least 13 years of age. If you have authorized a minor to use the App, you are responsible for the online conduct of such minor, and the consequences of any misuse of the App by the minor. Parents and legal guardians are warned that the App does not display Visual Content containing nudity and violence but that another user may post something offensive while breaching the Terms.
The Services are for use by individuals who own Visual Content.

3. User Conduct: All Content posted or otherwise submitted to the App is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Cats in Hats are entirely responsible for all Content that you post, or otherwise submit to the App. Cats In Hats does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the App you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Cats In Hats. By way of example, and not as a limitation, you agree not to use the Services:

• To abuse, harass, threaten, impersonate or intimidate any person;
• To post or transmit, or cause to be posted or transmitted, any Visual Content or Communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
• For any purpose (including posting or viewing Visual Content) that is not permitted under the laws of the jurisdiction where you use the Services;
• To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Cats In Hats user;
• To create or transmit unwanted ‘spam’;
• To create multiple accounts for the purpose of voting for or against users;
• To post copyrighted Visual Content or other Communications that do not belong to you where you may post such Content with explicit mention of the author’s name and information as to the source of the Content;
• You agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the App or any activities conducted in the App; or (iii) bypass any measures we may use to prevent or restrict access to the App;
• To artificially inflate or alter comments, or any other Service or for the purpose of giving or receiving money or other compensation
• To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• To promote or sell Visual Content of another person; or
• To sell or otherwise transfer your profile.

To report a suspected abuse of the App or a breach of the Terms please send written notice to Cats In Hats at email: help@catsinhatsapp.com
You are solely responsible for your interactions with other users of the App. Cats In Hats reserves the right, but has no obligation, to monitor disputes between you and other users.

4. Content Submitted Or Made Available For Inclusion On The Service: Please read this section carefully before uploading, or otherwise submitting any Visual Content to the App. By submitting content to the App you are granting Cats In Hats a worldwide, non-exclusive license to use the Visual Content and are representing and warranting to Cats In Hats that the Visual Content is either owned or you are authorized to represent or distribute the Visual Content, and that Cats In Hats is free to publish, distribute and use the Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.
In consideration of Cats In Hats’ agreement to allow you to use the Services, you agree with Cats In Hats as follows:

1. You acknowledge that:
   • Any Visual Content uploaded to your account must be photographed by you;
   • By uploading your photographic or graphic works to Cats In Hats you retain full rights to those works that you had prior to uploading;
   • By posting Visual Content to the App you grant to Cats In Hats a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Visual Content in connection with the Services. This license will exist for the period during which the Visual Content is posted on the App and will automatically terminate upon the removal of the Visual Content from the App;
   • The license granted to Cats In Hats includes the right to use Visual Content fully or partially for promotional reasons and to distribute and redistribute Visual Content to other parties Apps, authorized agents, applications, and other entities, provided such Visual Content is attributed in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to Cats In Hats (notwithstanding the foregoing, no inadvertent failure to provide attribution shall be considered a breach of these Terms);
   • Cats In Hats has the right to modify, alter and amend photo titles, descriptions, tags, and other accompanying information for any Visual Content and the right to submit Visual Content to other parties and authorized agents for the purpose of creating tags for Visual Content;
   • Cats In Hats makes no representation and warranty that Visual Content posted on the App will not be unlawfully copied without your consent. Cats In Hats does not restrict the ability of users and visitors to the App to make low resolution or ‘thumbnail’ copies of Visual Content posted on the App and you hereby expressly authorize Cats In Hats to permit users and visitors to the App to make such low resolution copies of the Visual Content;
   • Subject to the terms of the foregoing license, ownership or other rights in the Visual Content including any intellectual property rights or other proprietary rights associated with the Visual Content are retained by you or the Visual Content owner represented by You.
2. You represent and warrant that:
   • You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all Visual Content you submit to the App;
   • You have the full and complete authority and right to enter into this agreement and to grant to Cats In Hats the rights in the Visual Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Cats In Hats of the Visual Content as contemplated herein; and
   • The Visual Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
3. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Cats In Hats, all of which such rights are hereby expressly and irrevocably waived by you in favor of Cats In Hats.

5. Copyright Complaints: Cats In Hats respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the App infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Cats In Hats will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the App.
To notify Cats In Hats of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of help@catsinhatsapp.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Cats In Hats to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Cats In Hats with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at help@catsinhatsapp.com. You must include in your counter notice sufficient information to enable Cats In Hats to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement
Cats In Hats has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Cats In Hats reserves the right to remove any Visual Content or Communications that allegedly infringes another person’s copyright. Cats In Hats will terminate, in appropriate circumstances, Users who are repeat infringers of another person’s copyright. Notices to Cats In Hats regarding any alleged copyright infringement should be directed to Cats In Hats via email at: help@catsinhatsapp.com

Filing a DMCA Notice to Remove Copyright-Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

• Your name, address, telephone number, and email address (if any);
• A description of the copyrighted work that you claim has been infringed;
• A description of where on the App the material that you claim is infringing may be found, sufficient for Cats In Hats to locate the material;
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright Cats In Hats, its agent, or the law and is not a fair use;
• A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• Your electronic or physical signature.

6. Release And Indemnity: You hereby expressly and irrevocably release and forever discharge Cats In Hats, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the App and the Services.
You hereby agree to indemnify and hold harmless Cats In Hats, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the App, (iii) the use of the Services, by you or any person using your account or Cats In Hats Username, (iv) any violation of any rights of a third party.

7. Trademarks: Cats In Hats, CatsInHatsApp.com and other Cats In Hats graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Cats In Hats. Cats In Hats’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cats In Hats.

8. Termination: Cats In Hats may terminate or suspend any and all Services and/or your Cats In Hats account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Cats In Hats account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Visual Content from your account prior to termination. Upon termination of your account Cats In Hats will automatically remove all Visual Content posted to your account.

9. Warranty Disclaimer
You use the app and the services at your own risk. The App and the services are provided on an “as is, as available” basis. Cats In Hats expressly disclaims all warranties, including the warranties of merchantability, title, fitness for a particular purpose and non-infringement. Cats In Hats disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or in any way related to (a) any errors in or omissions from this App and the services, including, but not limited to, technical inaccuracies and typographical errors, (b) third party communications, (c) any third party apps or content directly or indirectly accessed through links in the App, including but not limited to any errors or omissions, (d) the unavailability of all or any part of the app or the services, (e) your use of the app or the services, or (f) your use of any equipment or software in connection with the App or the services.

10. Limitation of Liability
Except as otherwise provided by law, neither Cats In Hats nor any of its affiliates, parents, subsidiaries, directors, shareholders, employees or agents shall be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the App, any facts or opinions appearing thereon, or the services. Cats In Hats shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the App or services.
You and Cats In Hats agree that any proceedings to resolve or litigate any dispute arising hereunder will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity. you further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Cats In Hats and all parties to any such proceeding.