PetNatter Terms of Service Agreement
Current version as of Wednesday, September 08, 2010
Last Revision on March 23, 2009
PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify
your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use
this site.
OWNERSHIP
This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted
property of PetNatter, Inc. ("DBA PetNatter.com") and/or its various third party providers and distributors. In addition, the trademarks,
logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of PetNatter, Inc.,
its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppels, or
otherwise, any license or right to use any of the Trademarks without the written permission of PetNatter, Inc., or such other party that
may own the Trademark.
USE OF SITE
PetNatter.com grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User
Agreement. You may only use this site to create unique personal profiles to communicate with old and new friends and shall not use this
site for any other purposes, including without limitation, to make any speculative, false or fraudulent personal profiles. This site and
the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data
compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written
permission of PetNatter.com, and/or its third party providers and distributors, except that you may download, display and print the
materials presented on this site for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic
device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any
of the Web pages, data or content found on this site, in any case without the prior written permission of PetNatter.com. You agree that
you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site,
or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or
routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that
imposes a burden or load on our infrastructure that PetNatter.com deems in its sole discretion to be unreasonable or disproportionate to
the benefits PetNatter.com obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site
may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and
trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate
any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You
are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any
information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright,
trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus,
bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall
be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other
harm resulting from your use of this site.
OTHER USES
The PetNatter.com Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial
endeavors may only be used if they are specifically endorsed or authorized by PetNatter.com. PetNatter.com reserves the right to remove
commercial content in its sole discretion. Illegal and/or unauthorized use of the PetNatter.com Services, including collecting
usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the PetNatter.com Website, or employing third party promotional sites or software to
promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation
may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. PetNatter.com
reserves the right to take appropriate legal action for any illegal or unauthorized use of the PetNatter.com Services.
FEES
You acknowledge that PetNatter.com reserves the right to charge for any portion of the PetNatter Services and to change its fees
(if any) from time to time in its discretion. If PetNatter.com terminates your Membership because you have breached the Agreement, you
shall not be entitled to the refund of any unused portion of fees or payments (if any).
AGE AND RESPONSIBILITY
If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree
to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal
age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site.
You understand that you are financially responsible for all uses of this site by you and those using your login information.
MEMBER DISPUTES
You are solely responsible for your interactions with other PetNatter.com Members. PetNatter.com reserves the right, but has no
obligation, to become involved in any way with disputes between you and other Members.
PRIVACY
You have read the PetNatter.com Privacy Policy, the terms of which are incorporated herein, and agree
that the terms of such policy are reasonable. You consent to the use of your personal information by PetNatter.com and/or its third
party providers and distributors in accordance with the terms of and for the purposes set forth in the PetNatter.com
Privacy Policy.
REVIEW OF TRANSMISSIONS
PetNatter.com may, from time to time monitor and review any information transmitted or received through this site and reserves the
right to sensor, edit, remove or prohibit the transmission or receipt of any information that PetNatter.com deems inappropriate or
in violation of these Terms of Service. During monitoring, the information may be examined, recorded or copied, and your use of this
site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions
or post any other information on this site, you grant PetNatter.com and its affiliates a worldwide, non-exclusive, royalty-free,
perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute and display such content in any form, media or technology. PetNatter.com takes no responsibility and assumes
no liability for any content posted or submitted by you.
POSTED CONTENT
PetNatter.com may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of
PetNatter.com violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or
threaten the safety of any person or entity. PetNatter.com assumes no responsibility for monitoring the PetNatter.com Services for
inappropriate Content or conduct. If at any time PetNatter.com chooses, in its sole discretion, to monitor the PetNatter.com
Services, PetNatter.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate
Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content
that you post on or through any of the PetNatter.com, and any material or information that you transmit to other Members and for your
interactions with other Users.
EXCLUSION OF WARRANTY
PETNATTER.COM AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS
PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. PETNATTER.COM AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS
DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES
EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE. NEITHER PETNATTER.COM NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT
FROM PETNATTER.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES,
SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
PETNATTER.COM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA,
TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL PETNATTER.COM OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE
FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH
ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING,
BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY
PETNATTER.COM OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH
PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, PetNatter.com or any third party provider or distributor should be found liable for any loss
or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content,
the liability of PetNatter.com and the third party providers and distributors shall in no event exceed, in the aggregate, the greater
of (a) the subscription fee and service charge for accessing this site, or (b) US$100.00. In its sole discretion, in addition to any
other rights or remedies available to PetNatter.com and without any liability whatsoever, PetNatter.com at any time and without notice
may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing
limitation may not apply to you.
INDEMNIFICATION
You shall defend and indemnify PetNatter.com and any third party providers and distributors and their officers, directors, employees
and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees,
brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.
LINKS
This site contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by
PetNatter.com, its third party providers or distributors of the contents of such other Web sites. None of PetNatter.com or any third
party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty
regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at
your own risk.
GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the state of Florida, United States of America, without regard to
its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in
Miami-Dade county, the state of Florida, United States of America, in all questions and controversies arising out of your use of this
site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access
or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.
ATTORNEY'S FEES
If PetNatter.com or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be
entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in
addition to any other relief, at law or in equity, to which such parties may be entitled.
INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such
damage to PetNatter.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be
no adequate remedy at law. Accordingly, you agree that PetNatter.com shall be entitled as a matter of right to an injunction issued
by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or
Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by PetNatter.com
in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security
shall be required in connection with such injunction.
TERMINATION
PetNatter.com may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time
for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination
shall not effect any right to relief to which PetNatter.com and its third party providers and distributors may be entitled, at law or
in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert
to PetNatter.com and its third party providers or distributors, as applicable.
ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
MODIFICATION
PetNatter.com may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms
and conditions in force at the time of your use.
SEVERABILITY
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid,
such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining provisions.
HEADINGS
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and
conditions herein.
ENTIRE AGREEMENT
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement
between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written)
regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications
available on this site.
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