Special Terms of Service for Book Entrants
General Terminology Used Here
CLC = CatLovingCare.com, CatLovingCare admins, organizers, book publishers
General Terms & Guidelines of Cat Entry Submission into our Cat Books:
- You may enter any number of cats you own/ who live in your household.
- One (1) cat can be entered per each valid entry.
- Every individual cat can only be entered once into each book.
- You must be the owner of the pet featured in the submission.
- You can claim an enhanced highlighted placement for your cat in our book, if such offering has not expired or run out. Only 150 out of 500 entrants may receive this upgrade. Upgrade is offered on a first-come-first-served basis.
- Once you finalize your cat’s entry you become an Active Member of CLC.
- Active Members will get the opportunity to Participate for FREE in the book’s CoverCat contest. See [Contest Rules->] for more on contest participation.
- There is NO requirement for entrants into one of our books to participate in the contest. You will need to deselect this option at the time of filling out your book submission form.
- You may request to have your contest entry deleted at anytime.
- By participating in the Contest you permit public voting in connection with your Entry.
- The Submission image must be in .jpg, .png or in a .gif format.
- Your submitted image must not exceed 10 MB in size. Best if no more than 1MB in size.
- You must own the copy rights to the photograph.
- The Submission’s description must be in English
- Your Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
- The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest.
- The Submission must not contain brand names or trademarks.
- The Submission must not contain text, images or artwork not created by entrant.
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous.
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
By submitting the form you fill out, for the purpose of entering your cat into our book/s, you represent and warrant that:
- Your Entry, in its entirety, is an original work by you and you have not included third party content (such as writing, poetry, text, graphics, artwork, logos, photographs, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Entry without permission.
- Your Entry, the use thereof by CLC, or the exercise by CLC of any of the rights granted by you under these Contest Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights.
- You have all the rights, licenses, permissions and consents necessary to submit the Entry and to grant all of the rights that you have granted to the CLC under these Contest Rules.
- All persons who were engaged by you to work on the Entry (For example, such as a photographer), who appear in the Entry in any manner, or have contributed to the Entry have:
- Given you their written consent to submit the Entry without claims for payment of any kind; and
- Provided written permission to include their name, likenesses, image or pictures in or with your Entry (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by the CLC to provide such permission in writing to the CLC; and
By entering your cat into our book, you agree that:
- CLC and its licensees, successors and assigns will have the right to use all or a part of your Entry (without private information such as your email, phone or full address or full DOB), your name/cat’s name and or Facebook’s fan page or profile link of cat/entrant and partial address (city and/or state/province/country), and the names, likenesses, photographs, voices and images of all persons or pets appearing in the Entry anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without notice to you and without consideration, review or approval from you.
- You agree that you will not now nor in the future be paid for your Entry or for granting the Administrator any of the rights set out in these Rules.
- You hereby grant to CLC a perpetual, irrevocable, royalty free, worldwide license to use, publicly display, adapt, distribute, copy, cache, transfer, sublicense, make derivative works of, modify and otherwise fully exploit any text, photos, videos, posts, tips, Contest entries, podcasts, audio, graphics, images or other materials or information that you submit to or through the Service (collectively, “Content”) and to publicize your name and likeness (“License”). CLC may do any or all of the foregoing for any purpose relating to its Service, business, products or advertising. CLC shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content.
- Without this License, CLC would be unable to provide the Service. For example, without the right to modify your Content, CLC would not be able to digitally compress files that you submit or otherwise format Content to satisfy technical or graphical book editing requirements, and without the right to publicly display Content, CLC could not allow users to view Content posted and to vote, comment etc.
- The license you grant to CLC is non-exclusive (meaning you are free to license your Content to anyone else in addition to CLC), fully-paid and royalty-free (meaning that CLC is not required to pay you or anyone else for the use on the Service of the Content you post), sub-licensable (so that CLC is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Service), and worldwide (because the Internet and the Service are global in reach).
- There will be no royalties paid to photographers whose photos are published in our books or online.
- You shall be solely responsible for the Content and the consequences of posting or publishing it. In connection with Content, you represent and warrant that: (i) you own or have the necessary licenses, rights, authority, consents, and permissions to use and authorize CLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use or the Content in the manner contemplated by this Site and this Agreement; and (iii) you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Service. CLC has the right in its sole discretion to refuse to post Content for any reason, including, but not limited to, submitted Content that appears to contain material protected by the intellectual property rights held by a third-party. You agree that CLC is not responsible for any violations of any intellectual property rights in any Content that you submit to CLC. You understand and acknowledge that by using this Service, your Content will be publicly available to others and that CLC has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your Content by other third-parties.
- If you want CLC to remove any of your Content from the Contest Service, you must contact CLC via our online support form with a request for removal. However, CLC cannot guarantee that your Content will be completely removed from the Service, user devices or use webpages, or that other users will not misuse any Content that you supply. In addition, other users may have already copied and forwarded your Content to others, making recovery impossible. Notwithstanding anything to the contrary in this Agreement, the operators of public search engines may use spiders to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials.
CatLovingCare.com membership (“Membership”) is available to all book publication participants who have successfully finalized their cat’s entry into one or more of our book projects.
When you become a Member, you must provide CLC with true, accurate, current, and complete information about yourself and your entered pet, when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).
The Service is for personal use only.A condition of Membership is your “Active Participation” in the Service.
Active Participation is defined as purchasing your selected book entry for your cat and or yourself with your cat (if supported/required by the particular book project) through the CLC Book Publications Service.
Purchases that were refunded do not count towards Active Participation. If you cease Active Participation for any reason (i.e., request a refund), CLC may terminate your Membership (or any part there of) and your use of the Service, as well as remove and discard all information, communications, postings, albums, image files, creative material, photographs, links, comments, and other content (collectively “Content”) uploaded by you or otherwise made available by you and or to you within the Service, including your contest entry page related to the book entry that was refunded.
CLC may, at its discretion, maintain any non-active member’s contest entry CLC publishes online, but may disable voting on it or add a notice that that entry is invalid and votes will not count on it.
Digital Image Storage
- CLC offers storage of contest photos to Members who maintain their Active Participation. When you upload Image Content to the Service, the original resolution of your Content may be affected depending on the upload speed you choose. Further, CLC may in its discretion down-sample the image regardless of the upload speed you choose.
- You should always preserve your original Content, or make back-up copies of such Content, on your personal computer system. You should not use the Service as the only repository or other source for your Content.
CLC is committed to ensuring that the CLC Site remains a fun and safe place. Users of the Service, whether or not Members, may not use the CLC Service to post content, write/add comments, or process Prohibited Content. Generally, Prohibited Content includes Content or other material that CLC believes:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
- Comprises copyrighted material used without the express permission of the owner.
- Violates or otherwise encroaches on the rights of others.
- Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service.
- Advocates illegal activity.
- Harms anyone, including minors.
- Provides a link to any of the above.
CLC has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although CLC examines and reviews all Content submitted or transmitted to the Service via book entries, it may not always monitor each and every comment posted to the site prior to its publication. CLC may delete, move, and edit Content for any reason, at any time, without notice, in particular comments on pages and posts it deems offensive or Prohibited.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CLC via the site’s online support with the following information required under 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owners of an exclusive right that is allegedly infringed.
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Sponsor to locate the material.
- Information reasonably sufficient to permit the Sponsor to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please contact the Organizer with the above material via their CLC online support at CatLovingCare.com/contact-us
By submitting an entry and participating in the Contest, entrant, for him/herself and on behalf of the subject of the photograph, irrevocably transfers, grants and assigns to CLC, its affiliates and its respective successors, assigns, and licensees, the right worldwide and in perpetuity, to use the name, likeness, image and photographs, including any reproductions of same, in any and all media including, without limitation, use on the CLC Website in connection with the Contest or other promotions, for any advertising or promotional purposes without additional compensation, and releases CLC and any entity acting on behalf of CLC from any liability with respect thereto.
The Contest Facilitators are not responsible for human error, theft, destruction, or damage to Entries or other factors beyond its reasonable control. You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. The Contest Facilitators make no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your Entry.The Contest Facilitators shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Contest Facilitators unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organizer’s control.
CLC, The Organizer, Administrator and their employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies, and Facebook (the “Released Parties”) shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site. CLC does its best to operate in a secure hosted server environment, however CLC is not responsible in case of hacking or phishing attacks on CLC site.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.
LIMITATIONS OF LIABILITY AND RELEASE:
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
Participation in any of the CLC Books indicates complete acceptance of the rules (TOS) set forth herein. In other words, if you disagree with CLC TOS then leave the site and do not enter your cat into our books and contests!
Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual proven out-of-pocket costs incurred with contest entry, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the CLC Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and CLC will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Disqualifying Active Participating Members
Persons found tampering with or abusing any aspect of CLC site, Book/s entry, membership and the CoverCat Contests, as solely determined by CLC, will be disqualified. If disqualified for any of the above reasons, CLC reserves the right to terminate entrant’s eligibility to participate in the Contest.
Our Refund Policy
This is a digital product delivery and a paid-for-time service. You pay processing fees for entering your cat (with or without yourself, as required) into one of our cat book publications. The processing fees we collect are to cover costs of creative work on the book, marketing, support, promoting and managing the CoverCat contest as well as funding the prizes, other web-relate and site related costs and a 10% for [charity->cat-rescues-and-charities-we-support].
You are entitled to 100% refund if you have paid and submitted correct, [TOS->]-abiding and book-required information in order for your cat (and or yourself, if so required) to be entered into and placed in one of our books, but we have failed to do this due to error or negligence on our side, although we published the book.
You are entitled to a 100% refund if we fail to publish the book you entered your cat into within 12 months.
After you successfully finalize your submission entry by paying the necessary book entry processing fee/s, as described on the relevant entry page/ form, we will wait until payment processor approves your payment. As soon as your payment is approved – and depending if you participate in the contest – we will work to set up your cats’ online entrant page on our CLC website. Once the page is ready, usually within 72h of your approved payment, we’ll notify you by email and provide you with the URL (web address) to the page, so you can begin at once to promote your cat.
CLC is not required to enter your cat into The Contest (the CoverCat contest of the book you entered your cat into), if (a) you opted out of it, and or (b) your entry submission content does not meet required terms, as set forth in our TOS & contest rules pages.
No refunds will be issued in event we disqualify you from participation in The Contest. No refund will be issued, if we cannot complete your entry into the book and provide the placement you ordered, due to you submitting faulty content and/or information and your failure to provide us with the required, error-free, corrected information we need in order to carry out the task. If you do not submit to us the required information in order to fulfill your order and do not respond to our email requests to do so, no refunds will be issued and you forfeit your right for any refunds. Once the book is ready and placed on the Amazon marketplace, no refunds will be issued. No refunds will be issues if your entry was disqualified due to non-compliance with our TOS, in particular if image and/or other content/material you submitted to us was in copyright violation of our TOS.
“When will the book be published?”
We reserve the right to publish the book you entered your cat into also if less than all available placements were redeemed by entrants. We will post updates on book/s progress on our CLC site.
There is no set date when books get published, as this depends upon how fast all placements are sold out.
Once this happens, we give all our book’s CoverCat contestants another 2 weeks to get votes and promote themselves. Then 1 week for reviewing and selecting the final winner/s.
Once we have a final winner for CoverCat we can work on finalizing the book for print.
From the moment we have a CoverCat selected, book should be available for purchase within 3-6 weeks.
Books will be available for purchase at Amazon and all entrants will get the link.
OUR PROMISE TO YOU, from one cat lover to another, is that we will do our outmost best to satisfy you and serve you and your cat with good will and happy purrs.