Terms and Conditions
Mission Statement:
Pet Pals is place for all animal lovers to share them on their cell phones
as well as the old-fashioned computer without the hassles of registration.
The Details:
Pet-Pals.com and Cutlass Inc (the "We") provide a web site and service for visitors (the "You") to share pet photos, their captions and details with other visitors. Pet-Pals.com is owned and operated by Cutlass Inc, a privately held company in New York, NY, USA. By using the Pet-Pals.com website, you accept and agree to be bound by the following terms and conditions (the "Terms of Service"). Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.
We reserve the right to modify or terminate the Pet-Pals.com service for any reason, and without notice, without liability to you, any other member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
We make this service is available to you for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the Pet-Pals.com service for any purpose.
Once a day our pet computer server randomly selects the Pet-o-Day for your viewing pleasure.
We crop and enhance photos so other visitors to get the best look of your pet.
We may deem it necessary to protect your privacy by shortening or altering your name to make your identity more anonymous.
You may not use the Pet-Pals.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content ("Materials") that you submit, post, and display on the Pet-Pals.com service.
We may, but shall have no obligation to, remove or edit Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.
Since Pet-Pals.com is an international public site, anything we deem to be obscene will be removed with or without notice.
Some other examples of illegal or unauthorized uses include, but are not limited to modifying, adapting, translating, or reverse engineering any portion of the Pet-Pals.com service; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Pet-Pals.com service; collecting any information about pets or owners for unauthorized purposes; reformatting or framing any portion of the web pages that are part of the Pet-Pals.com service; creating or deriving other services by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as "spam" to other Internet users; submitting Materials of any third party without such third party's prior written consent; directing any visitors (for example, by linking) to any Materials of any third party without such third party's prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by Pet-Pals.com; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.
While Pet-Pals.com prohibits or modifies unacceptable content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the Pet-Pals.com service at your own risk.
By submitting, posting or displaying any Materials on or through the Pet-Pals.com service, you automatically grant to us a worldwide, non-exclusive, royalty-free, right to publicly display such Materials. We make no claims on the rights to the Materials otherwise.
You understand and agree that Pet-Pals.com may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of Pet-Pals.com, its affiliates or the public.
Pet-Pals.com and Cutlass Inc disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Pet-Pals.com service.
THE PET-PALS.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE PET-PALS.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PET-PALS.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states and countries do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE PET-PALS.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.
You agree to hold harmless and indemnify Pet-Pals.com and Cutlass Inc from and against any third party claim arising from or in any way related to your use of the Pet-Pals.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
UNDER NO CIRCUMSTANCES WILL PET-PALS.COM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PET-PALS.COM SERVICE, WHETHER OR NOT PET-PALS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PET-PALS.COM SERVICE, FROM INABILITY TO USE THE PET-PALS.COM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PET-PALS.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL PET-PALS.COM BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE DOLLAR UNITED STATES OF AMERICA CURRENCY (US$1.00).
These Terms of Service will apply to your use of the Pet-Pals.com service. We may delete and remove your Post-a-Pet submission immediately, at any time, for any reason. Our proprietary rights, disclaimer of warranties, limitations of liability and miscellaneous provisions shall survive any deletion or removal of your pet.
These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of New York, New York. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Pet-Pals.com or Cutlass Inc be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and Pet-pals.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
We will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on Pet-Pals.com, please read the following information for filing or responding to a notice of infringement.
To file a notice of copyright notice, please send a written communication by regular mail or messenger service that sets forth the items specified below.
- Identify in sufficient detail the material that you believe has been infringed. For example, "The copyrighted work at issue is the image that appears on http://pet-pals.com/2.php?id=53."
- Identify the material that you claim is infringing the material listed above.
- Provide information reasonably sufficient to permit Pet-Pals.com to contact you for our further clarification.
- Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign and date the written communication, and print your name and complete address.
- Mail or messenger the written communication to "Pet-Pals.com, c/o Cutlass Inc, 56 Ludlow Street, New York NY 10002 USA"
- We will notify you in writing of our action taken by your claim of infringement.
Email your suggestions to info [at] pet-pals.com
Click-a-Pet
Product-du-Jour
Post-a-Pet
Search-a-Pet
Pet-o-Day
Table-o-Contents
© 2004-2010 Cutlass