PetsAgent, is a Advertising board that allows Members to create unique personal profiles for themselves and their Pets online in order to find and communicate with persons who have similar interests. The services offered by PetsAgent.com ("PetsAgent.com" or "we") include the PetsAgent.com website, the PetsAgent.com blog and other messaging systems, and any other content or applications offered from time to time by PetsAgent.com in connection with the Website (collectively, the "PetsAgent Services").
PetsAgent.com may modify this Agreement from time to time and such modification shall be effective upon posting by PetsAgent.com on the PetsAgent Website. You agree to be bound to any changes to this Agreement when you use the PetsAgent Services 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 carefully choose the information you post on PetsAgent.com and that you provide to other Users. Your PetsAgent.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 PetsAgent.com Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and PetsAgent.com assumes no responsibility or liability for this material. If you become aware of misuse of the PetsAgent Services by any person, please contact support@PetsAgent.com.
PetsAgent.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 the PetsAgent Services at any time, for any or no reason, with or without prior notice, and without liability. PetsAgent expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of PetsAgent Services if PetsAgent determines, in its sole discretion, that you pose a threat to PetsAgent and/or its Users or if you have posted inappropriate material on the Website.
- Eligibility. Use of and Membership in the PetsAgent Service is void where prohibited. By using the PetsAgent Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the PetsAgent Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 14 years of age.
- Term. This Agreement shall remain in full force and effect while you use the PetsAgent Services 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. PetsAgent.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.
- Fees. You acknowledge that PetsAgent.com does not currently charge for its services. However, PetsAgent.com reserves the right to charge for the PetsAgent Services and to change its fees from time to time in its discretion in the future. If PetsAgent.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any subscription fees you were charged.
- 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 PetsAgent.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.
- Non-commercial Use by Members. The PetsAgent Services 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 PetsAgent.com. Illegal and/or unauthorized use of the PetsAgent Services, 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 PetsAgent 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 the PetsAgent Services.
- Proprietary Rights in Content on PetsAgent.com.
- PetsAgent.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the PetsAgent Services. After posting your Content to the PetsAgent Services, 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 the PetsAgent Services, you hereby grant to PetsAgent.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the PetsAgent Services.
- The license you grant to PetsAgent.com is non-exclusive, fully-paid and royalty-free, sub licensable and worldwide. This license will terminate at the time you remove your Content from the PetsAgent Website. The license does not grant PetsAgent.com the right to sell your Content, nor does the license grant PetsAgent.com the right to distribute your Content outside of the PetsAgent Website except for Marketing purposes for the PetsAgent Website.
- You represent and warrant that: (i) you own the Content posted by you on or through the PetsAgent Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the PetsAgent Services 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 through the PetsAgent Services.
- The PetsAgent Services contain Content of PetsAgent.com ("PetsAgent.com Content"). PetsAgent.com Content is protected by copyright, trademark, patent, trade secret and other laws, and PetsAgent.com owns and retains all rights in the PetsAgent.com Content and the PetsAgent Services. PetsAgent.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PetsAgent.com Content (excluding any software code) solely for your personal use in connection with viewing the PetsAgent Website and using the PetsAgent Services.
- The PetsAgent Services contain Content of Users and other PetsAgent.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 the PetsAgent Services.
- Posted Content.
- PetsAgent.com may delete any Content that in the sole judgment of PetsAgent.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. PetsAgent.com assumes no responsibility for monitoring the PetsAgent Services for inappropriate Content or conduct. If at any time PetsAgent.com chooses, in its sole discretion, to monitor the PetsAgent Services, PetsAgent.com 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 PetsAgent Services, and any material or information that you transmit to other Members and for your interactions with other Users. PetsAgent.com does not endorse and has no control over the Content prior to its publication. Content is not necessarily reviewed by PetsAgent.com prior to posting and does not necessarily reflect the opinions or policies of PetsAgent.com. PetsAgent.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 transmit to other Members.
- Prohibited Content and Actions. The following is a partial list of the Content that is illegal or prohibited from posting on or through the PetsAgent Services. PetsAgent.com reserves the right to investigate and take appropriate legal action against anyone who, in PetsAgent.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the PetsAgent Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of PetsAgent.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images;
- 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;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the PetsAgent Website and through your use of the PetsAgent Services. PetsAgent.com reserves the right to investigate and take appropriate legal action against anyone who, in PetsAgent.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, animal torture, 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;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the PetsAgent 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 the PetsAgent Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
- covering or obscuring the banner advertisements on your personal profile page, or any PetsAgent.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the PetsAgent Services or the networks or services connected to the PetsAgent Services;
- attempting to impersonate another Member or person;
- 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;
- selling or otherwise transferring your profile;
- using any information obtained from the PetsAgent Services in order to harass, abuse, or harm another person;
- 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 the PetsAgent Services 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 as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
- using the PetsAgent Services in a manner inconsistent with any and all applicable laws and regulations.
- 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 PetsAgent.com to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of proper notification to PetsAgent.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the PetsAgent Services in a way that constitutes copyright infringement, please provide our Copyright Agent with Notice by using the DMCA Notification link on the Website.
- Member Disputes. You are solely responsible for your interactions with other PetsAgent.com Members. PetsAgent.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Disclaimers. PetsAgent.com is not responsible for any incorrect or inaccurate Content posted on the PetsAgent Website or in connection with the PetsAgent Services, whether caused by Users of the PetsAgent Services or by any of the equipment or programming associated with or utilized in the PetsAgent Services. Profiles created and posted by Members on the PetsAgent Website may contain links to other websites. PetsAgent.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 PetsAgent.com. Inclusion of any linked website on the PetsAgent Services does not imply approval or endorsement of the linked website by PetsAgent.com. When you access these third-party sites, you do so at your own risk. PetsAgent.com takes no responsibility for third party advertisements which are posted on this PetsAgent Website or through the PetsAgent Services, nor does it take any responsibility for the goods or services provided by its advertisers. PetsAgent.com is not responsible for the conduct, whether online or offline, of any User of the PetsAgent Services. PetsAgent.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. PetsAgent.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, on any of the PetsAgent Services 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 the PetsAgent Services. Under no circumstances shall PetsAgent.com be responsible for any loss or damage, including personal injury or death, resulting from use of the PetsAgent Services, or from any Content posted on or through the PetsAgent Services, o r from the conduct of any Users of the PetsAgent Services. The PetsAgent Services are provided "AS-IS" and as available and PetsAgent.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
- Limitation on Liability. IN NO EVENT SHALL PETSAGENT.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 PETSAGENT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PETSAGENT.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 PETSAGENT.COM FOR THE PETSAGENT SERVICES DURING THE TERM OF MEMBERSHIP.
- No Software may be downloaded from the PetsAgent Services or otherwise exported or re-exported in violation of Macedonian export laws. Downloading or using the Software is at your sole risk.
- Disputes. If there is any dispute about or involving the PetsAgent Services, you agree that the dispute shall be governed by the laws of Macedonia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction located in Macedonia, Skopje. Either PetsAgent.com or you may demand that any dispute between PetsAgent.com and you about or involving the PetsAgent Services must be settled by arbitration utilizing the dispute resolution procedures of the Macedonian Arbitration Macedonia Skopje, provided that the foregoing shall not prevent PetsAgent.com from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold PetsAgent.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 the PetsAgent Services 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 PetsAgent Website or through the PetsAgent Services causes PetsAgent.com to be liable to another.
- Other. This Agreement is accepted upon your use of the PetsAgent Website or any of the PetsAgent Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and PetsAgent.com regarding the use of the PetsAgent Services. The failure of PetsAgent.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. PetsAgent.com is a trademark of PetsAgent, LLC. 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.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.