PetCareVision Terms of Use
The use of this site is governed by the policies, terms and conditions set forth below and elsewhere on the site as indicated. By using this site, you agree to these terms of use. If you do not agree to these terms, you may not use the site.
SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PetCareVision.COM, THE OWNER OF THIS WEBSITE, GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED LICENSE TO USE THE BOOKS, CONTENT, TOOLS AND RESOURCES PRESENT IN THIS SITE (COLLECTIVELY CALLED "TRAINING MATERIALS") IN THE MANNER DESCRIBED BELOW UNDER "SCOPE OF GRANT".
YOU MAY ONLY: Access the Training Materials yourself
YOU MAY NOT:
(a)permit or provide the opportunity to other individuals to use the Training Materials;
(b) disclose the username and password that you use to access the Training Materials to any other individual or company or in any publicly accessible medium;
(c) permit concurrent use of the Training Materials;
(d) modify or translate any portion of the Training Materials (except to the extent of applicable laws), or create derivative works based on the Training Materials;
(e) copy the Training Materials;
(h) sell, rent, lease, grant a security interest in, sublicense, distribute or otherwise transfer rights to the Training Materials; or
(i) remove any proprietary notices or labels on the Training Materials; or
(j) download any of the content, resources or tools that are part of the Training Materials to your computer unless you have been explicity permitted to do so.
Registration
To use certain features and services of this Site, you may need to register and/or log-on or create an account with a unique user name and password and provide other information ("Registration Information"). When submitting Registration Information, you agree to:
a). Provide a user name that is personal to you and not a known user name of another person;
(b). Provide current, accurate and complete Registration Information;
(c). Keep your Registration Information current and accurate;
(d). Keep your password to yourself and not share it with anyone else except as may be expressly allowed by us in these Terms or any membership or account;
(e). Accept full responsibility for any and all use of your account;
(f). Immediately notify us of any disclosure or use of your user name or password that is not authorized by these Terms Conditions and to change your password to stop any such further use;
(g). NOT register for more than one account;
(h). NOT create member accounts by any automated means, which are hereby expressly prohibited;
(i). NOT use an account for any purpose other than the purpose for which it was created and intended to be used by PetCareVision;
(j). NOT use an account for any unlawful purpose; and
(k). NOT use an account for any commercial purpose except as may be expressly permitted by these Terms.
Privacy Policy
We respect the privacy of our users and members. Please see our Privacy
Policy to learn more about our privacy policy and practices. By
accessing or using this Site, you consent to the transfer and processing
of your personal information in the United States. By registering with
this Site, you agree to our use of your personal contact information
and email address to contact you regarding your use of the Site and
Site features and services.
Except as specifically set forth in this Privacy Policy, we will not share your personally identifiable information outside of PetCareVision.com unless you "opt in" to having your personally identifiable information shared with a company that is not affiliated with us.
Intellectual Property
Except as otherwise indicated herein, all content on this Site, including without limitation, the PetCareVision name, mark, logo and all designs, text, graphics, pictures, photos, sounds, video, articles, messages, information, data, databases, software, source code, files, and the selection and arrangement thereof, (individually and collectively, the "Site content") is the proprietary and exclusive property of PetCareVision. Copyright 2008 PetCareVision. All rights reserved
You may not copy or otherwise reproduce, distribute, transmit, publicly display or perform, modify, adapt, reformat, frame, translate, reverse engineer, create derivative works or uses of the Site or the Site content, or otherwise commercially exploit any of the Site content, in whole or in part, except as expressly provided in these Terms and the intended functionality of the Site or by applicable law pertaining to the fair use of copyrighted works.
You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed on the Site or in the Site content or any other material or content accessible via the Site.
Any displays or printouts of the Site or Site content that do not contain an original proprietary notice of the Site must be marked "Copyright 2008 PetCareVision. All rights reserved" or other visible proprietary notice pertinent to the displayed or printed Site content.
Unauthorized access and use of the Site or Site content may also violate applicable state, federal and international laws, including without limitation, laws pertaining to the protection of copyrights, trademarks, misappropriation of trade secrets, and electronic communications.
All other names and trademarks mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or affiliation with PetCareVision.
User Conduct
You represent and warrant that you shall not directly or indirectly use or attempt to use the Site (or Site content) or encourage others to use or attempt to use the Site (or Site content) to:
# Abuse, harass, threaten, malign, defame or intimidate a person or group of persons using the Site or anyone affiliated with the Site.
# Harvest or collect email addresses or other information of other users or members from the Site by any means for any commercial, unlawful or other purpose prohibited in these Terms.
# Create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or otherwise interfere with other user's or member's enjoyment of the Site.
# Deceive or otherwise mislead people to view your postings and/or member profile.
# Automatically redirect users to other domains.
# Take any action that would restrict user viewings of the Site content or your postings to the Site, except as provided for by the Site's privacy preference options.
# Use or attempt to access and use another member's account.
# Use or attempt to use the Site to gain unauthorized access to or control of any computer, computer network, passwords, encryption codes, or other third party content and information.
# Use or attempt to use the Site to store, display, or transmit, illegal, threatening, obscene or otherwise immoral or scandalous content and material.
# Use any device, software or routine that interferes with the proper working of the Site or networks connected to the Site or otherwise attempt to interfere with the proper working of the Site or other networks connected to the Site.
# Use any data mining, robot, spider, site search/retrieval application or similar data gathering or extraction methods.
# Access, retrieve or index any portion of the Site for purposes of constructing or populating any database or any compilation of Site content.
# Solicit anyone for unlawful or immoral purposes.
# Solicit personal information from a minor (under the age of 18).
# Use the Site for any purpose other than the purposes intended by PetCareVision.
Furthermore, you agree not to directly or indirectly (e.g., allow others
to use a member account to) post, upload, transmit, distribute, share,
store, create or otherwise publish on the Site content that: (a). infringes,
misappropriates or violates the intellectual property, publicity, privacy
or other rights of any person or entity;
(b). is false, deceitful or
misleading in any way;
(c). would, in the sole judgment of PetCareVision,
constitute, encourage, solicit or provide instructions for unlawful
or illegal conduct or activity of any kind;
(d). is unlawful, defamatory,
libelous, vulgar, obscene, abusive, harassing, threatening, harmful,
inflammatory, invasive of privacy or publicity rights, indecent, lewd,
suggestive, pornographic or sexually explicit in nature, fraudulent,
hateful or racially, ethnically or otherwise objectionable; (
e). discloses
any third party personal information, including, without limitation,
addresses, phone numbers, email addresses, social security numbers,
credit card numbers or financial account numbers;
(f). impersonates
any person or entity or otherwise misrepresents your affiliation with
or endorsement by any person or entity;
(g). seeks or encourages the
exploitation of minors (persons under the age of 18) or the disclosure
of the personal information of minors.
(h). in the sole judgment of
PetCareVision, is objectionable or which restricts or inhibits any
other person from using or enjoying the Site, or which may expose PetCareVision,
its affiliates or users to any harm or liability of any type;
(i). constitutes
advertising, promotional material, solicitations, political campaign
material, junk mail, spam, chain letters, or any other form of solicitation,
except as may be expressly authorized and permitted by these Terms;
(j). is irrelevant or immaterial to the Site, any specific part of the
Site, or the subject matter for which the Site is intended by PetCareVision;
and/or
(k). contains software viruses, worms, defects, Trojan horses
or any other computer code, files, programs or destructive devices designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment or use the Site in any unlawful
manner or in any other manner that could damage, disable, overburden
or impair the Site or its intended function.
User Content License and Rights
For purposes of these Terms, "User content" includes any
message, data, text, information, screen names, links, images, graphics,
photos, profiles, music, sounds, other audio, video, code and links
or feed or blog that are submitted, posted, published and/or displayed
on the Site, or transmitted to others via the Site, by users or by PetCareVision
with the permission of the user. For purposes of clarification, User
content does not include Submissions (as defined herein below).
Except
as set forth herein, PetCareVision does not claim ownership of individual
User content. However, PetCareVision does claim ownership of the compilation
of User content.
By posting or publishing User content to any part of
the Site or by transmitting User content via the Site, you grant to
PetCareVision and its successors and assigns an irrevocable, perpetual,
non-exclusive, transferable, royalty free, worldwide right and license
to store, use, reproduce, digitally perform, publicly perform, publicly
display, publish, modify, adapt, reformat, translate, excerpt (in whole
or in part), prepare derivative works, compilations and databases, and
to distribute or transmit any of the aforesaid in any media, now known
or hereafter devised, and to grant and authorize sublicenses of the
foregoing, in whole or in part, all without monetary payment or other
consideration of any kind to you or any third party.
You acknowledge
and understand that User content may be indexed by online search engines
(e.g., AOL Search, Alta Vista, Google, Yahoo! and many others) and displayed
on third party sites in response to online search engine queries.
Without
limiting the foregoing, PetCareVision reserves the right in its sole
judgment to use or not use the User content as it deems appropriate,
including, without limitation, deleting, editing, modifying, rejecting,
or refusing to post, publish or transmit the User content, in whole
or in part. Any use of a User content does not necessarily reflect the
views or opinions of PetCareVision or its affiliates.
In addition
to the above license, you grant PetCareVision an irrevocable right
and license to use your name, photo, video, face, likeness and other
biographical information (as submitted to the Site) in connection with
providing public notice of attribution of authorship or origin of the
User content provided by you.
However, you agree that PetCareVision
shall have no duty or obligation to attribute authorship to you (or
comply with other "rights of publicity" demands) and you hereby waive,
agree not to enforce and release PetCareVision and its successors
and assigns from any and all claims arising from or related to any rights
of publicity or other moral rights in the User content, including but
not limited to the rights of attribution and integrity and/or destruction
of User content.
You understand, acknowledge and agree that all User
content will be treated as non-confidential and free of any proprietary
rights or claims against PetCareVision, and PetCareVision is under
no obligation to treat such User content as confidential proprietary
information of you or any party.
You further acknowledge and agree that
neither PetCareVision nor its successor and assigns are under any
obligation to pay for any User content or the opportunity to edit, delete
or otherwise modify User content once it has been submitted to the Site.
You further acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information about the operation or features
of the Site (existing or prospective) or the offerings of services or
Site content (individually and collectively referred to herein as "Submissions"),
provided by you to PetCareVision are non-confidential and shall become
the sole property of PetCareVision, its successors and assigns and
will not be returned to you. PetCareVision shall not be required to
acknowledge receipt of any Submissions or obligated to pay for or use
any Submissions in any way. As the sole and exclusive owner of such
Submissions, PetCareVision shall be entitled to the unrestricted use
and dissemination of these Submissions for any purpose, commercial or
otherwise, without acknowledgment or compensation to you.
The provisions
of this section and license granted herein to PetCareVision shall
survive the termination of your license to access and use the Site.
Responsibility for user content and user interactions
It is the sole responsibility of each user to ensure that he or she
owns or has all rights, title and permissions necessary to upload, post,
or publish User content to the Site or transmit User content via the
Site. By uploading, storing, posting, or publishing User content to
the Site, or transmitting User content via the Site, you represent and
warrant that you have all rights, title and permissions necessary to
do so and that doing so does not violate any third-party right or license.
PetCareVision does not regularly and systematically monitor User
content posted on the Site or transmitted via the Site. PetCareVision
does not guarantee the accuracy, integrity or quality of User content.
You understand that by using the Site you may be exposed to User content
that you or others may feel is offensive, inappropriate, indecent, obscene,
unlawful or otherwise objectionable.
While we encourage and accept comments and constructive criticism,
PetCareVision ACCEPTS NO RESPONSIBILITY AND ASSUMES NO LIABILITY OF
ANY KIND ARISING FROM OR RELATED TO THE USE, LOSS OR DAMAGE OF USER
CONTENT. You agree to assume all risks associated with the viewing or
use of User content and/or reliance on any User content.
PetCareVision IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR
WARRANTIES OF USER CONTENT. Although PetCareVision has no obligation
to screen, edit, monitor, refuse, or remove any of the User content
posted to or distributed through the Site, PetCareVision reserves
the right in its sole discretion to screen, edit, monitor, refuse, or
remove any User content at any time and for any reason with or without
notice.
You are solely responsible for creating backup copies of and replacing
any User content you post or store on the Site at your sole cost and
expense where necessary. PetCareVision is not responsible for the
loss or damage to any User content.
PetCareVision does not control the actions of any user or members
of the Site. You are solely responsible and liable for your interactions
with other users and members of the Site. We reserve the right, but
have no obligation to monitor disputes between you and other users.
PetCareVision further reserves the right to take any and all action
it deems in its sole judgment necessary and appropriate to protect the
integrity, reputation and goal of the Site, PetCareVision and its
users and members, without notice or liability to any party, whether
or not involved in any dispute.
Professional Advice
This Site and its content and information are provided
for general information and entertainment purposes only. It is not intended
and shall not be construed as providing professional advice of any kind
with regard to your particular circumstances. If you have a question
or concern about a specific legal or health or welfare issues for any
particular dog or other animal or human, please seek the advice and
counsel of a licensed professional in your area for your particular
circumstances. Thank you.
Indemnity
You agree to indemnify and hold
harmless PetCareVision and its affiliates, and each of their directors,
officers, members, managers, employees and agents, from and against
any loss, liability, claim, demand, damages, costs and expenses, including
reasonable attorney's fees and litigation expenses, arising out of or
in connection with any User content that you upload, post, display,
transmit or otherwise share on or through the Site, your access or use
of the Site, your conduct in connection with the Site or with other
users of the Site, or any violation of this Terms or of any law or the
rights of any person or entity by you or anyone using your account or
User ID or password. This indemnity obligation shall survive the termination
of your license to access and use the Site.
Third-party Sites, Contents and Transactions
The Site may display or contain links to third party web sites ("Third
Party Sites") and may display or link to content or materials originating
from Third Party Sites, including but not limited to blogs or feeds
(individual or aggregated) or other User content ("Third Party Content").
The display or linking to Third Party Sites or Third Party Content are
provided as a convenience to our users and members of the Site only
and do not imply approval or endorsement or any sponsorship or affiliation
of any kind. The information and opinions expressed at Third Party Sites
or in Third Party Content are those of the Third Party author (s) and
not of PetCareVision. Your access and/or use of Third-Party Sites
and Third-Party Content is entirely at your own risk.
PetCareVision IS NOT RESPONSIBLE FOR THIRD PARTY LINKS, SITES OR
THIRD PARTY CONTENT. OUR TERMS AND POLICIES NO LONGER APPLY AFTER YOU
LEAVE OUR SITE. SO, BE CAREFUL! IT'S A DOG-EAT-DOG WORLD OUT THERE!
Third party services, products and links that may appear on the Site.
In addition, PetCareVision may run third party advertisements and
promotions on the Site. If you enter into correspondence or engage in
commercial transactions with third parties in connection with your use
of the Site, such activity is solely between you and the applicable
third party. ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS RELATED
TO SUCH ACTIVITY ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY.
DOGSPACE SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR THE
RESULT OF ANY THIRD PARTY ACTIVITY OR THE RESULT OF THIRD-PARTY ADVERTISEMENTS
ON OUR SITE.
You acknowledge and agree that PetCareVision is not responsible or
liable for any action or inaction of any third party to a transaction,
for any failure to perform, to pay any amounts due, or to deliver any
merchandise or services as promised, or for any claim or liability arising
from or related to any third-party transaction.
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