Terms of use


Last revised: June 08, 2009

Dear petsite.com visitor, dear members: We ask you to read the Terms of Use carefully as they contain important information with regard to your obligations and rights, including but not limited to the applicable law and the place of jurisdiction.

Please return regularly to this site. The date at the top of this page indicates the last revision. Note that your use of petsite.com constitutes your acceptance to the current Terms of Use.

Petsite.com – a unique social community website – connects pet owners and animal friends and allows them to introduce both themselves and their beloved animals to a large community worldwide.

Open now a free petsite.com account, create a profile page for you and your pet and share the content of your choice (e.g., information about your pet, pictures, audio files) with the petsite.com community. Find now new friends for you and your pet and find out whether your pet can win the weekly beauty contest!

By accessing or using our website at www.petsite.com, you confirm that You have read, understand and accept these Terms of Use (hereinafter the "Terms of Use"), regardless whether or not you have singed up for a membership at petsite.com. Petsite.com reserves the right, at its sole discretion and at any time and without further notice, to change, add or delete parts of the Terms of Use. Petsite.com will post the applicable version of the Terms of Use on this page.

Should you not agree to abide to the current or future Terms of Use, please do not access petsite.com in the future and leave the site now.

Membership / Authorization to Use

Petsite.com offers free memberships to everybody at the age of 16 years or older. Persons being under the age of 16 are allowed to access petsite.com and to register for a petsite.com membership with the consent of the child's custodian. Any registration by, use of or access to petsite.com by anyone under the age of 16 and without consent of the child's custodian is unauthorized and in violation of these Terms of Use.

By using petsite.com, you declare that you are 16 years of age or older or have explicit consent by your custodian and that you agree to and to abide by all of the terms and conditions of this Terms of Use.

You are not eligible for a membership if such membership is illegal in your place of jurisdiction in general or for users of your age.

Please note that each individual is only allowed to open and maintain one account with petsite.com. Entities are not eligible for a membership.

Petsite.com membership is void where illegal/prohibited.

Registration Data

By signing up for your petsite.com membership, you agree to provide complete and current information about you and maintain and update your registration data promptly.

Account Security

You are responsible to maintain the security of your login and password. You understand and agree that you are responsible for all use of your account; this includes any and all actions that take place using your account.

Site Content, Proprietary Rights and Limited License

All content on petsite.com, such as pictures, designs and graphics or text, video, applications, software, or any other information or files, as well as the arrangement of the content (the "Petsite Content"), are the property of petsite.com.

Petsite.com does not allow to copy, modify, reproduce, download, transmitted, or make in any form or by any means accessible, in whole or in part, Petsite Content without petsite.com's prior written consent, except for your own User Content (as defined below under the section “Your Content”) that you legally upload and publish on petsite.com.

Provided that you are authorized to use petsite.com, you are granted a limited license to access and use petsite.com and the Petsite Content and to copy, download or print Petsite Content to which you have properly gained access for your personal use. Petsite.com is entitled to revoke such license without cause and at any time and without notice.

You are not allowed - except for your own User Content – to upload or republish Petsite Content on any Internet or Intranet site.

Any unauthorized use of Petsite Content is strictly prohibited and causes the termination of the license granted the membership, as the case may be.

You understand that any unauthorized use may violate applicable laws, such as copyright and trademark laws.

Trademarks

Logos, graphics, designs, icons, and names on petsite.com are registered trademarks of petsite.com in Switzerland and/or other countries.

Trademarks of petsite.com may not be used, copied, or imitated, in whole or in part, without the prior written permission of petsite.com.

Privacy

Petsite.com cares about your privacy. By using petsite.com or its services, you are consenting to have your personal data transferred to and processed in the United States or any other country outside your home country respectively the country from where you access petsite.com (e.g., due to the servers being located in a country different from your home country) You also declare that you have read, understood and consented to the Privacy Statement of petsite.com (click here to read the Privacy Statement).

User Conduct

Petsite.com is available for your personal use only. Commercial use of your petsite.com account is prohibited.

You explicitly declare that no files or materials of any kind submitted through your account or otherwise published, shared, or transmitted by you on petsite.com will violate or infringe upon the rights of any third party (including but not limited to copyright or trademark rights) or contain defamatory or otherwise unlawful material.

In particular, by accessing petsite.com, you agree not to: undertake or facilitate any actions that could disable the availability of petsite.com or damage its content or which may expose petsite.com or its users to any harm or liability of any type; collect contact information (e.g., email addresses) of users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; use automated scripts to collect information from petsite.com; upload, transmit, share or otherwise make available any malicious material, e.g., virus codes or any other computer code or harmful files or programs; upload, transmit, share or otherwise make available any unsolicited or unauthorized advertising, chain letters, or any other form of solicitation; use petsite.com in any unlawful manner or with the intent to commit a prohibited action; upload, transmit, share, or otherwise make available any content that a person in good standing would deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; upload, transmit, share, or otherwise make available any pictures or videos other than those that: (i) are of you or your pets, (ii) are taken by you or by a person that gave you permission to use it on petsite.com.

Your Content

You agree and understand that you are solely responsible for the pictures, profile information, text, video, and any other content that you upload or publish (hereinafter, "post") on or through petsite.com, or transmit to or share with other users (together the "User Content").

It is prohibited to post, transmit, or share User Content on petsite.com that you did not create except for the cases where you have explicit consent of the owner of the rights.

Petsite.com may, but is not obligated to, review profiles and remove without notice and with full discretion any User Content without any reason (including but not limited to User Content that in the sole discretion of petsite.com is deemed to violate the Terms of Use.

It is your responsibility to create backup copies of your content. Petsite.com is not responsible for storing User Content.

You declare that you grant petsite.com an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide license to use, copy, publicly display, reformat, translate, excerpt (in whole or in part) and distribute your content for any purpose, promotion, advertising, or otherwise, on or in connection with petsite.com, to prepare derivative works of, or incorporate into other works, your content, and to grant and authorize sub-licenses of the foregoing. This license includes the right to sub-license. You state that you have the power and the rights to grant such a license.

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that petsite.com may retain archived copies of your User Content.

Copyright Complaints

Petsite.com prohibits users from uploading, posting or otherwise transmitting on petsite.com any materials that violate another party's intellectual property rights.

Upon receipt of proper notification of an alleged copyright infringement as set out hereinafter, petsite.com removes or disables access to the allegedly infringing material and at petsite.com's sole discretion limit access to petsite.com and/or terminate the membership of any user who is involved in an alleged copyright infringement.

If you believe that any content on petsite.com infringes upon any copyright which you own or control, you may send a notification of such infringement to legal@petsite.com meeting the following requirements: a physical or electronic signature; identification of the infringed work; identification of the infringed material; contact information for the complainant, e.g., address, telephone number, electronic mail address; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and a statement that the information contained in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Third Parties Websites and Content

Petsite.com contains links to other websites ("Third Party Websites") as well as information, data, files and software and other content or items belonging to or originating from third parties (the "Third Party Content").

Petsite.com does not monitor or check Third Party Websites or Third Party Content for appropriateness, or completeness. Petsite.com is not responsible for any Third Party Websites accessed through petsite.com or Third Party Content posted on, or made available through petsite.com.

Disclaimers

Petsite.com is not responsible or liable in any manner for any Content, User Content, Software posted on petsite.com regardless whether posted by petsite.com, users of petsite.com or third parties.

Note that petsite.com does not monitor or control and is not responsible for what users post, transmit or share on petsite.com. Hence, petsite.com is not responsible or liable for any inappropriate, obsence, offensive, unlawful or otherwise objectionable content you may encounter on petsite.com. Petsite.com may be temporarily unavailable for maintenance or other reasons. Petsite.com assumes no responsibility for damage incurred directly or indirectly in connection with petsite.com not being available or any kind of technical malfunction.

Limitation on Liability

Liability for any kind of damages is excluded to the extent possible under Swiss law.

In particular, petsite.com, its funders, owners, directors, employees or agents are not liable for any indirect or direct, consequential or incidental damages, including such damage in connection with data loss or lost profits.

If you live in a jurisdiction that does not allow the limitation of damages, you are not eligible for a membership.

Indemnity

You declare to indemnify and hold petsite.com, its directors, employees, agents, contractors, and partners harmless from and against any loss, liability, claim, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with User Content, software, program codes or applications you post or share on or through petsite.com, your use of petsite.com, or any violation of these Terms of Use or of any law or the rights of any third party.

Termination

Petsite.com may terminate your membership, profile information, your content without any reason at any and without notice in its sole discretion. Petsite.com may at any time and without notice terminate its service and take petsite.com off-line. In case of termination, all credits from the clicktogive program that reached the payout limit, will be paid out. Organisations that did not reach the payout limit at the time of the termination, will not be paid out and will lose their credits without compensation.

Miscellaneous

The Terms of Use at hand constitute the entire agreement between you and petsite.com with regard to the use of petsite.com, superseding any prior agreements between you and petsite.com concerning the use of petsite.com.

The failure of petsite.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

If any provision of this Agreement is held invalid, the remainder of these Terms of Use shall continue in full force and effect.

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and it shall not affect the validity and enforceability of any of the remaining provisions.

Applicable Law and Jurisdiction

By visiting petsite.com, you agree that the laws of Switzerland, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Petsite.com. Any dispute arising in connection with petsite.com shall be decided by the ordinary courts of the Canton of Zurich, Switzerland.

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