This Terms of Use Agreement
("Agreement") sets forth the legally binding
terms for your use of the HelpLostPet.com Website.
By using HelpLostPet.com, you agree to be bound by
this Agreement, whether you are a "Visitor"
(which means that you simply browse the HelpLostPet.com
Website) or you are a "Member" (which means
that you have registered with HelpLostPet.com). The
term "User" refers to a Visitor or a Member.
You are only authorized to use the HelpLostPet.com
Services (regardless of whether your access or use
is intended) if you agree to abide by all applicable
laws and to this Agreement. Please read this Agreement
carefully and save it. If you do not agree with it,
you should leave the HelpLostPet.com Website and discontinue
use of the HelpLostPet.com Services immediately. If
you wish to become a Member, communicate with other
Members and make use of the HelpLostPet.com Website,
you must read this Agreement and indicate your acceptance
during the Registration process.
This Agreement includes HelpLostPet.com's policy
for acceptable use of the HelpLostPet.com Content
posted on the HelpLostPet.com Website, your rights,
obligations and restrictions regarding your use of
the HelpLostPet.com Website and HelpLostPet.com's
Privacy Policy. In order to participate in certain
HelpLostPet.com Content, you may be notified that
you are required to download software or content and/or
agree to additional terms and conditions. Unless otherwise
provided by the additional terms and conditions applicable
to HelpLostPet.com in which you choose to participate,
those additional terms are hereby incorporated into
this Agreement.
HelpLostPet.com may modify this Agreement from time
to time and such modification shall be effective upon
posting by HelpLostPet.com on the HelpLostPet.com
Website. You agree to be bound by any changes to this
Agreement when you use HelpLostPet.com after any such
modification is posted. It is therefore important
that you review this Agreement regularly to ensure
you are updated as to any changes.
Please choose carefully the information you post
on HelpLostPet.com and that you provide to other Users.
Your HelpLostPet.com profile may not include the following
items: telephone numbers, street addresses, last names,
and any photographs containing nudity, or obscene,
lewd, excessively violent, harassing, sexually explicit
or otherwise objectionable subject matter. Despite
this prohibition, information provided by other HelpLostPet.com,
Members (for instance, in their Profile) may contain
inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and HelpLostPet.com
assumes no responsibility or liability for this material.
HelpLostPet.com reserves the right, in its sole discretion,
to reject, refuse to post or remove any posting (including
private messages) by you, or to restrict, suspend,
or terminate your access to all or any part of HelpLostPet.com
at any time, for any or no reason, with or without
prior notice, and without liability.
1. Eligibility.
Use of and Membership in HelpLostPet.com is void where
prohibited. By using the HelpLostPet.com Website,
you represent and warrant that (a) all registration
information you submit is truthful and accurate; (b)
you will maintain the accuracy of such information;
and (c) your use of HelpLostPet.com does not violate
any applicable law or regulation.
2. Term. This
Agreement shall remain in full force and effect while
you use HelpLostPet.com or are a Member. You may terminate
your Membership at any time, for any reason, by following
the instructions on the Member's Account Settings
page. HelpLostPet.com may terminate your Membership
at any time, without warning. Even after Membership
is terminated, this Agreement will remain in effect,
including sections 5-17.
3. Fees. You acknowledge
that HelpLostPet.com reserves the right to charge
for the HelpLostPet.com Services and to change its
fees from time to time in its discretion. If HelpLostPet.com
terminates your Membership because you have breached
the Agreement, you shall not be entitled to the refund
of any unused portion of subscription fees.
4. Password. When
you sign up to become a Member, you will also be asked
to choose a password. You are entirely responsible
for maintaining the confidentiality of your password.
You agree not to use the account, username, or password
of another Member at any time or to disclose your
password to any third party. You agree to notify HelpLostPet.com
immediately if you suspect any unauthorized use of
your account or access to your password. You are solely
responsible for any and all use of your account.
5. Non-commercial Use
by Members. The Services of HelpLostPet.com
are for the personal use of Members only and may not
be used in connection with any commercial endeavors
except those that are specifically endorsed or approved
by HelpLostPet.com. Illegal and/or unauthorized use
of HelpLostPet.com, including collecting usernames
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
HelpLostPet.com Website is prohibited. Commercial
advertisements, affiliate links, and other forms of
solicitation may be removed from Member profiles without
notice and may result in termination of Membership
privileges. Appropriate legal action will be taken
for any illegal or unauthorized use of HelpLostPet.com.
6. Proprietary Rights
in Content on HelpLostPet.com.
1. HelpLostPet.com does not claim
any ownership rights in the text, files, images, photos,
works of authorship, or any other materials (collectively,
"Content") that you post to HelpLostPet.com.
After posting your Content to HelpLostPet.com, you
continue to retain all ownership rights in such Content,
and you continue to have the right to use your Content
in any way you choose. By displaying or publishing
("posting") any Content on or through HelpLostPet.com,
you hereby grant to HelpLostPet.com a limited license
to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content solely on and
through HelpLostPet.com.
The license you grant to HelpLostPet.com is non-exclusive
(meaning you are free to license your Content to anyone
else in addition to HelpLostPet.com), fully-paid and
royalty-free (meaning that HelpLostPet.com is not
required to pay you for the use on HelpLostPet.com
of the Content that you post), sublicensable (so that
HelpLostPet.com is able to allow its affiliates and
subcontractors such as Internet content delivery networks
to use any such Content and any part of any such Content
solely for purposes of HelpLostPet.com), and worldwide
(because the Internet and HelpLostPet.com are global
in reach). The license does not grant HelpLostPet.com
the right to sell your Content, nor does the license
grant HelpLostPet.com the right to distribute your
Content outside of the HelpLostPet.com Services.
2. You represent and warrant that:
(i) you own the Content posted by you on or through
HelpLostPet.com or otherwise have the right to grant
the license set forth in this section, and (ii) the
posting of your Content on or through HelpLostPet.com
does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of
any person. 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 throughHelpLostPet.com.
3. HelpLostPet.com contains Content
of HelpLostPet.com (" HelpLostPet.com Content").
HelpLostPet.com Content is protected by copyright,
trademark, patent, trade secret and other laws, and
HelpLostPet.com owns and retains all rights in the
HelpLostPet.com Content. HelpLostPet.com hereby grants
you a limited, revocable, nonsublicensable license
to reproduce and display the HelpLostPet.com Content
(excluding any software code) solely for your personal
use in connection with viewing the HelpLostPet.com
Website and using HelpLostPet.com.
4. HelpLostPet.com contains Content
of Users and other HelpLostPet.com licensors. Except
for Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on
or through HelpLostPet.com.
7. Content Posted.
1. HelpLostPet.com may delete any
Content that, in the sole judgment of HelpLostPet.com,
violates this Agreement or which may be offensive,
illegal or violate the rights, harm, or threaten the
safety of any person. HelpLostPet.com assumes no responsibility
for monitoring HelpLostPet.com for inappropriate Content
or conduct. If at any time HelpLostPet.com chooses,
in its sole discretion, to monitor HelpLostPet.com,
HelpLostPet.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.
2. You are solely responsible for
the Content that you post on or through any of HelpLostPet.com,
and any material or information that you transmit
to other Members and for your interactions with other
Users. HelpLostPet.com does not endorse and has no
control over the Content. Content is not necessarily
reviewed by HelpLostPet.com prior to posting and does
not necessarily reflect the opinions or policies of
HelpLostPet.com. HelpLostPet.com makes no warranties,
express or implied, as to the Content or to the accuracy
and reliability of the Content or any material or
information that you access on HelpLostPet.com or
that you transmit to other Members.
8. Content/Activity Prohibited.
The following is a partial list of the kind
of Content that is illegal or prohibited to post on
HelpLostPet.com. HelpLostPet.com reserves the right
to investigate and take appropriate legal action against
anyone who, in HelpLostPet.com's sole discretion,
violates this provision, including without limitation,
removing the offending communication from HelpLostPet.com
and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to
Content that, in the sole discretion of HelpLostPet.com:
1. is patently offensive and promotes
racism, bigotry, hatred or physical harm of any kind
against any group or individual;
2. harasses or advocates harassment
of another person;
3. exploits people in a sexual or
violent manner;
4. contains nudity, violence, or
offensive subject matter or contains a link to an
adult website;
5. solicits personal information
from anyone under 18;
6. provides any telephone numbers,
street addresses, last names, URLs or email addresses;
7. promotes information that you
know is false or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene,
defamatory or libelous;
8. 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;
9. involves the transmission of
"junk mail," "chain letters,"
or unsolicited mass mailing, instant messaging, "spimming,"
or "spamming";
10. contains restricted or password
only access pages or hidden pages or images (those
not linked to or from another accessible page);
11. furthers or promotes any criminal
activity or enterprise or provides instructional information
about illegal activities including, but not limited
to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
12. solicits passwords or personal
identifying information for commercial or unlawful
purposes from other Users;
13. involves commercial activities
and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, or
pyramid schemes; or
14. includes a photograph of another
person that you have posted without that person's
consent.
The following is a partial list of the kind of activity
that is illegal or prohibited on the HelpLostPet.com
Website and through your use of HelpLostPet.com. HelpLostPet.com
reserves the right to investigate and take appropriate
legal action against anyone who, in HelpLostPet.com's
sole discretion, violates this provision, including
without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is
not limited to:
15. criminal or tortious activity,
including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment,
stalking, spamming, spimming, sending of viruses or
other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
16. advertising to, or solicitation
of, any Member to buy or sell any products or services
through the HelpLostPet.com Services. You may not
transmit any chain letters or junk email to other
Members. It is also a violation of these rules to
use any information obtained from HelpLostPet.com
in order to contact, advertise to, solicit, or sell
to any Member without their prior explicit consent.
In order to protect our Members from such advertising
or solicitation, HelpLostPet.com reserves the right
to restrict the number of emails which a Member may
send to other Members in any 24-hour period to a number
which HelpLostPet.com deems appropriate in its sole
discretion. If you breach this Agreement and send
unsolicited bulk email, or other unsolicited communications
of any kind through HelpLostPet.com, you acknowledge
that you will have caused substantial harm to HelpLostPet.com,
but that the amount of such harm would be extremely
difficult to ascertain. As a reasonable estimation
of such harm, you agree to pay HelpLostPet.com $50
for each such unsolicited email or other unsolicited
communication you send through HelpLostPet.com;
17. covering or obscuring the banner
advertisements on your personal profile page, or any
HelpLostPet.com page via HTML/CSS or any other means;
18. any automated use of the system,
such as using scripts to add friends or send comments
or messages;
19. interfering with, disrupting,
or creating an undue burden on HelpLostPet.com or
the networks or services connected to HelpLostPet.com;
20. attempting to impersonate another
Member or person;
21. using the account, username,
or password of another Member at any time or disclosing
your password to any third party or permitting any
third party to access your account;
22. selling or otherwise transferring
your profile;
23. using any information obtained
from HelpLostPet.com in order to harass, abuse, or
harm another person;
24. displaying an advertisement
on your profile, or accepting payment or anything
of value from a third person in exchange for your
performing any commercial activity on or through HelpLostPet.com
on behalf of that person, such as placing commercial
content on your profile, posting blogs or bulletins
with a commercial purpose, selecting a profile with
a commercial purpose, or sending private messages
with a commercial purpose; or
25. using HelpLostPet.com in a manner
inconsistent with any and all applicable laws and
regulations.
9. Copyright Policy.
You may not post, modify, distribute, or reproduce
in any way any copyrighted material, trademarks, or
other proprietary information belonging to others
without obtaining the prior written consent of the
owner of such proprietary rights. It is the policy
of HelpLostPet.com to terminate Membership privileges
of any Member who repeatedly infringes the copyright
rights of others upon receipt of proper notification
to HelpLostPet.com by the copyright owner or the copyright
owner's legal agent.
10. Member Disputes.
You are solely responsible for your interactions
with other HelpLostPet.com Members. HelpLostPet.com
reserves the right, but has no obligation, to monitor
disputes between you and other Members.
11. Privacy. Use
of HelpLostPet.com is also governed by our Privacy
Policy, which is incorporated into this Agreement
by this reference.
12. Disclaimers.
HelpLostPet.com is not responsible for any incorrect
or inaccurate Content posted on the HelpLostPet.com
Website, whether caused by Users of HelpLostPet.com
or by any of the equipment or programming associated
with or utilized in HelpLostPet.com. Profiles created
and posted by Members on the HelpLostPet.com Website
may contain links to other websites. HelpLostPet.com
is not responsible for the Content, accuracy or opinions
expressed on such websites, and such websites are
in no way investigated, monitored or checked for accuracy
or completeness by HelpLostPet.com. Inclusion of any
linked website on HelpLostPet.com does not imply approval
or endorsement of the linked website by HelpLostPet.com.
When you access these third-party sites, you do so
at your own risk. HelpLostPet.com takes no responsibility
for third party advertisements which are posted on
the HelpLostPet.com Website, nor does it take any
responsibility for the goods or services provided
by its advertisers. HelpLostPet.com is not responsible
for the conduct, whether online or offline, of any
User of HelpLostPet.com. HelpLostPet.com 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, any User
or Member communication. HelpLostPet.com 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 any email or players due to technical problems
or traffic congestion on the Internet or on HelpLostPet.com
or combination thereof, including any injury or damage
to Users or to any person's computer related to or
resulting from participation or downloading materials
in connection with HelpLostPet.com. Under no circumstances
shall HelpLostPet.com be responsible for any loss
or damage, including personal injury or death, resulting
from use of HelpLostPet.com, or from the conduct of
any Users of HelpLostPet.com, whether online or offline.
HelpLostPet.com is provided "AS-IS" and
as available and HelpLostPet.com expressly disclaims
any warranty of fitness for a particular purpose or
non-infringement. HelpLostPet.com cannot guarantee
and does not promise any specific results from use
of HelpLostPet.com.
13. Limitation on Liability.
IN NO EVENT SHALL HelpLostPet.COM BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE
OF THE SERVICES, EVEN IF HelpLostPet.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, HelpLostPet.COM'S
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 HelpLostPet.COM
FOR THE HelpLostPet.COM SERVICES DURING THE TERM OF
MEMBERSHIP.
14. U.S. Export Controls.
Software available in connection with HelpLostPet.com
(the "Software") is further subject to United
States export controls. No Software may be downloaded
from HelpLostPet.com or otherwise exported or re-exported
in violation of U.S. export laws. Downloading or using
the Software is at your sole risk.
15. Disputes.
If there is any dispute about or involving the HelpLostPet.com
Services, you agree that the dispute shall be governed
by the laws of the State of New York, USA, without
regard to conflict of law provisions and you agree
to exclusive personal jurisdiction and venue in the
state and federal courts of the United States located
in the State of New York. All parties to this Agreement
hereby specifically exclude The United Nations Convention
on Contracts for the International Sale of Goods from
applying to this Agreement or any of its provisions.
Each party also waives the right to a jury trial and
personal service of any summons, complaint or
other process in any such action or proceeding and
agrees that service thereof may be made by certified
or registered mail directed to him or it. Either HelpLostPet.com
or you may demand that any dispute between HelpLostPet.com
and you about or involving HelpLostPet.com must be
settled by arbitration utilizing the dispute resolution
procedures of the American Arbitration Association
(AAA) in New York, USA, provided that the foregoing
shall not prevent HelpLostPet.com from seeking injunctive
relief in a court of competent jurisdiction.
16. Indemnity.
You agree to indemnify and hold HelpLostPet.com, its
subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless
from any loss, liability, claim, or demand, including
reasonable attorneys' fees, made by any third party
due to or arising out of your use of HelpLostPet.com
in violation of this Agreement and/or arising from
a breach of this Agreement and/or any breach of your
representations and warranties set forth above and/or
if any Content that you post on the HelpLostPet.com
Website causes HelpLostPet.com to be liable to another.
17. Other. This
Agreement is accepted upon your use of the HelpLostPet.com
Website or any of the HelpLostPet.com Services and
is further affirmed by you becoming a Member. This
Agreement constitutes the entire agreement between
you and HelpLostPet.com regarding the use of HelpLostPet.com.
The failure of HelpLostPet.com to exercise or enforce
any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience
only and have no legal or contractual effect. HelpLostPet.com
is a trademark of HelpLostPet.com, Inc. This Agreement
operates to the fullest extent permissible by law.
If any provision of this Agreement is unlawful, void
or unenforceable, that provision is deemed severable
from this Agreement and does not affect the validity
and enforceability of any remaining provisions.
Please contact us at: HelpLostPet.com with any questions
regarding this Agreement.
I HAVE READ THIS AGREEMENT
AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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