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Terms of Service & Use Agreement

 

PLEASE READ CAREFULLY

Pets: Please ensure that your guardians read and understand the Terms of Use by summoning them to the computer.

Guardians: You are ultimately responsible both for what you and your animal(s) do/does on this website. Please read the Terms carefully and fully.

PETENTIALS' TERMS OF SERVICE

Last Revision: September 13, 2008

Petentials.com (the "Website") is a social-networking-based virtual online community for humans ("Users") to showcase the animals in their lives through creating profiles and communicating with other pets. The Site is operated by Petentials, Inc. ("Petentials"). By accessing or using the Website, you agree to be bound by these Terms of Service (the "Agreement"), whether you are an unregistered "Visitor" browsing the Site or a registered "Member" (with a User Account).

If you wish to become a Member, contribute content to the Site, and/or communicate with other Members, you must read this Agreement and indicate your acceptance during the Registration process. If you do not agree with this Agreement, you should leave the Website and discontinue using Petentials' Services immediately.

I. TERMS

This Agreement sets out the legally binding terms of your use of the Website and becoming a Member of Petentials' Services ("Services") and may be modified by Petentials from time to time. Such modifications will be effective upon posting by Petentials on the Website. This Agreement includes Petentials' User-Generated Content policy, and any notices regarding the Website. You may also receive a copy of this Agreement by e-mailing us here using the Subject: Terms of Service and Use Agreement.

This Agreement is accepted upon use of the Website and further affirmed by becoming a Member of the Service. This Agreement contains the entire agreement between you and Petentials regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the My Petentials pages, or upon receipt by Petentials of your written or email notice of termination. Petentials may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Petentials. If Petentials terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refunds. Even after membership is terminated, this Agreement will remain in effect.

Petentials may modify this Agreement at any time by posting the modified terms on the Website. Except as stated elsewhere, all amended terms shall automatically be effective upon being posted on the Website. Members will be notified by e-mail when this Agreement is modified. This Agreement may not be otherwise modified except in writing. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Your use of the Service following the posting of such modification will constitute your acceptance of any such modification.

II. ELIGIBILITY

Before you may become a member of Petentials, you must read and accept all of the terms and conditions in this Agreement and the Privacy Policy.

To be eligible to use the Website you must be fourteen (14) years of age or older. To register as a Member of the Service you must be eighteen (18) years or older. Additionally, you are not eligible to register for the Service if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from our Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

If we believe that you are under , your Membership may be disabled or terminated without warning.

III. USER-GENERATED CONTENT POLICY

The Website and/or Service are for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website are strictly prohibited.

Petentials reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service. Petentials shall have the right to remove any such material that in its sole opinion violates or is alleged to violate the law or this agreement. Notwithstanding this right of Petentials you remain solely responsible for the content of the materials you post in the public areas of the service and in your private email messages. E-mails sent between you and other Petentials members that are not readily accessible to the general public will be treated as private mail by Petentials to the extent required by applicable law.

Petentials owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Petentials, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

A. By using the Website and/or the Service:

1. You understand and agree that Petentials may review and delete any content, messages, photos or profiles that in the sole judgment of Petentials violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

2. You are solely responsible for the Content that you publish or display or post on the Service, or transmit to other Members.

3. You understand and agree to use the Service in a manner consistent with any and all applicable laws and regulations.

4. You understand and agree that by posting Content to any public area of Petentials, you automatically grant, and you represent and warrant that you have the right to grant, to Petentials an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

B. Prohibited Content: Petentials reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. A partial list of the kind of content and behavior that is illegal or prohibited on the Website include contents that:

1. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

2. harasses or advocates harassment of another person;

3. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

4. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming;"

5. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

7. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

8. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and

9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.

10. posts content or items in an inappropriate category or areas on the Website;

11. violates any laws, third party rights, or our policies;

12. distributes viruses or any other technologies that may harm Petentials, or the interests or property of Petentials users; or

13. harvests or otherwise collects information about users, including email addresses, without their consent.

IV. COPYRIGHT POLICY

Petentials' respects others' intellectual property rights. Users may not upload, post, distribute, or otherwise transmit in any way any copyrighted material, trademarks, or other materials that violate another party's intellectual property rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

V. MEMBER DISPUTES

You are solely responsible for your interactions with other Petentials Members. Petentials reserves the right, but has no obligation, to monitor disputes between you and other Members.

VI. PRIVACY

Use of the Website and/or the Service is governed by our Privacy Policy.

VII. DISCLAIMERS

Petentials is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Petentials is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Petentials assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Petentials is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Petentials be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Petentials expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Petentials cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

VIII. LIMITATION ON LIABILITY

Except in jurisdictions where such provisions are restricted, in no event will Petentials be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if Petentials has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Petentials' liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Petentials for the Service during the term of membership.

Further, we cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. Petentials is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Website. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

If you have a dispute with one or more Users, you release Petentials (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

IX. DISPUTES

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida, Orange County.

X. INDEMNITY

You agree to indemnify and hold Petentials, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

XI. CONTACT

Please Contact Us with any questions regarding this Agreement.