1. Acceptance of Terms
The following are the terms of a legal agreement
(the "Terms of Use") between you and PetsandBreeds.com, LLC (the
"PetsandBreeds," or "we," as used herein).
PetsandBreeds.com, from time to time and in its sole
discretion, may modify the terms of these Terms of Use without further
notice to you. If we materially change these Terms of Use, a notice will
be posted on this site along with the updated Terms of Use. In any case,
we recommend that you bookmark this page and visit regularly as these
Terms of Use govern your use of this site.
Each time you access this site, you agree to be
bound by the current Terms of Use. If you do not agree to these Terms of
Use, without modification, then please do not use this
site.
2. Privacy and Other
Terms
These Terms of Use include PetsandBreeds.com privacy
policy, located at http://www.petsandbreeds.com/privacy, which is incorporated here by reference and also governs your
visit to this site.
3. Using our Site
This site may be used only for lawful purposes
by Members of products and services. While using the site you will not
and will not attempt to:
· Violate local, national, or international
laws, or regulations having the effect of law, including laws of export
control;
· Advertise products that you do not fully own
or for which you do not have full and unencumbered
rights;
· Advertise a service or product that is
prohibited or restricted by applicable law;
· Repeatedly post the same or similar content or
otherwise impose an unreasonable or disproportionately large load on our
infrastructure;
· Post irrelevant content or post content on
inappropriate categories;
· Delete or otherwise revise or improperly
interfere with any material posted by any other user of this
site;
· Post material that infringes or
misappropriates any copyright, trademark, patent, trade secret, or other
intellectual property or any privacy or publicity rights of
another;
· Post material that is obscene, defamatory,
threatening, harassing, sexually explicit, abusive, hateful, or
embarrassing to any other person or entity;
· Post chain letters, “junk mail”, “spam,” or
pyramid schemes;
· Impersonate another
person;
· Distribute viruses, trojan horses, worms, time
bombs, cancelbots or other computer programming routines or engines that
are intended to damage, detrimentally interfere with, surreptitiously
intercept or misappropriate any system, data or
information;
· Employ any data-mining or data-extraction
tools;
· Copy or adapt the HTML code used to generate
this site;
· Employ misleading email addresses or forged
headers or otherwise manipulate, through identifiers, to disguise the
origin of content transmitted through this site;
· Use any device, software, or routine to
interfere with the proper working of this site or any activity being
conducted on this site;
· Harm or harass minors and Other
Individuals;
· Access data not intended for you or log into a
server or account that you are not authorized to
access;
· Probe, scan, or test the vulnerability of a
system or network or breach security or authentication measures without
proper authorization;
· Attempt to decipher, decompile, disassemble or
reverse engineer any of the software comprising any part of this
site;
· Engage in any activity that conflicts with any
obligations you have under law including contractual or fiduciary
relationships;
· Contact anyone who has asked not to be
contacted.
4. Members
Membership is FREE. To list items, sell, trade and
join, is a free service provided by
PetsandBreeds.com.
5. Posting Content on
PetsandBreeds.com
Subject to the terms and conditions of these
Terms of Use, you may post content on this site in the form of postings
and other formats (“Posted Content”). You understand and agree that
PetsandBreeds.com will not and cannot pre-screen all Posted Content on this
site but that it reserves the right to pre-screen any specific Posted
Content at its sole discretion. Without limiting the foregoing,
PetsandBreeds.com may remove any Posted Content that violates these Terms of
Use or that is otherwise objectionable or inappropriate in PetsandBreeds.com
sole discretion.
Although PetsandBreeds.com asserts no ownership
rights over the Posted Content you post, transmit, or otherwise make
available on this site, you grant PetsandBreeds.com a worldwide,
royalty-free, irrevocable, fully paid, non-exclusive license to use,
copy, publicly perform, publicly display, distribute and make derivative
works of such Posted Content anywhere on the site or elsewhere in any
media for the purpose of providing, promoting, or advertising the site
and related services and to authorize sublicenses (through multiple
tiers) of the foregoing rights including for the purpose of
redistributing the Posted Content on other sites. To the maximum extent
permitted by law, you waive all moral rights you may have in the
Content. The foregoing license will survive the termination, for any
reason, of these Terms of Use.
6. Limitations on the PetsandBreeds.com
Service
PetsandBreeds.com may limit its service including
with regard to the amount of time that posted material or Posted Content
will be retained by PetsandBreeds.com, the size or amount of material or
Posted Content that may be transmitted through or stored by Trades4teens
and the frequency with which you may access this site. PetsandBreeds.com has
no responsibility or liability for the deletion of material or Posted
Content or for the failure to store material or Posted Content
maintained by or distributed on the service.
You further understand and agree that
PetsandBreeds.com, in its sole discretion, may terminate these Terms of Use,
delete or deactivate your account, block your email or IP address, or
otherwise terminate your access to or use of this site (or any part
thereof), immediately and without further notice to you. You understand
and agree that PetsandBreeds.com will not be liable to you or to any third
party for any termination of your access to this site for any
reason.
7. Claims of Infringement
PetsandBreeds.com respects the intellectual property
of others and requires that you do the same. In accordance with the
Digital Millennium Copyright Act (“DMCA”), the text of which may be
found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, PetsandBreeds.com will respond expeditiously to notices of alleged
copyright infringement that are duly reported to its Designated
Copyright Agent identified in the notice below. PetsandBreeds.com will
disable and/or terminate the accounts of users who are repeat
infringers. If you believe your content has been copied in a way that
constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide PetsandBreeds.com Copyright
Agent the following information:
DMCA Notice of Alleged Infringement
(“Notice”)
(a) Identify the copyrighted work that you claim
has been infringed, or—if multiple works are covered by this Notice—you
may provide a representative list of the copyrighted works that you
claim have been infringed.
(b) Identify the material or link you claim is
infringing and provide a description of where the infringing work is
located on the site.
(c) Provide your mailing address, telephone
number and, if available, email address.
(d) Include both of the following statements in
the body of the Notice:
· “I hereby state that I have a good-faith
belief that the disputed use of the copyrighted material is not
authorized by the copyright owner, its agent, or the law (e.g., fair
use).”
· “I hereby state that the information in this
Notice is accurate and, under penalty of perjury, that I am the owner or
authorized to act on behalf of the owner, of the copyright or of an
exclusive right under the copyright that is allegedly
infringed.”
(e) Provide your full legal name and your
electronic or physical signature.
Deliver this Notice, with all items completed,
to Pets and Breeds at:
W&L Smith
Pets and Breeds
P.O. Box
41
High Rolls, NM 88325
While PetsandBreeds.com considers all such notices
seriously, you may be liable for damages (including costs and attorneys’
fees) if you materially misrepresent that content or activity is
infringing. For example, one decision ordered a company that sent
infringement notification seeking removal of online materials that were
protected by copyright’s fair use doctrine to pay such costs and
attorneys’ feels the company agreed to settle the matter at over
$100,000. For more information, please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/. Accordingly, if you are uncertain whether material infringes
your copyrights (including whether use of copyrighted material may
constitute fair use) you may wish to seek the advice of an
attorney.
8. No Spamming
You must not use any feature of the PetsandBreeds.com
Service for chain letters, junk mail, or "Spamming" nor make any use of
the e-mail lists in a manner involving any person who has not given
specific permission to be included in such a process. An e-mail
advertisement which is (a) addressed to a recipient with whom you do not
have an existing business or personal relationship and (b) is not sent
at the request of or with the express consent of the recipient to
receive such communications from you ("Spam" or "Spamming") is strictly
prohibited by PetsandBreeds.com. If you use any feature of the PetsandBreeds.com
Service for the purpose of sending Spam, PetsandBreeds.com reserves the right
to immediately terminate your access to the PetsandBreeds.com Service and to
seek appropriate legal recourse, as necessary. If you believe that other
users are using the PetsandBreeds.com Service for Spam, please notify
PetsandBreeds.com by clicking here for other contact information. Please note
that by posting on this web site you are consenting to receive, and
authorizing PetsandBreeds.com to forward to you emails. Such messages are not
included in the above definition of Spam.
9 . No Warranties
This site is only a venue: it acts as a venue
for Sellers, Traders, Vendors of products and services to connect with each other.
PetsandBreeds.com is not involved in any actual transactions between Members.
PetsandBreeds.com does not screen or censor the listings offered. As a
result, PetsandBreeds.com has no control over the quality, safety, or
legality of the products and services that may be made available to you
by means of this site. Similarly, PetsandBreeds.com is not responsible for,
and cannot and does not guarantee, the content or accuracy of associated
product or service descriptions, products, services, sites,
communication or other such information posted on this site by third
parties including Posted Content. PetsandBreeds.com also does not guarantee
that that sites and information will not change without its knowledge.
The inclusion of PetsandBreeds.com information, product or service
descriptions, or posted information on this site does not imply
PetsandBreeds.com endorsement of this information or any linked site. If you
decide to do business with individuals listed on this site, access a
third-party site, or act on information posted on this site, you do so
solely at your own risk.
THE MATERIALS AND INFORMATION FOUND ON THIS SITE
ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION,
SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE
AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. PETSANDBREEDS.COM DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. PETSANDBREEDS.COM DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT PETSANDBREEDS ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL PETSANDBREEDS OR ITS
OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF
YOUR ACCESS TO, OR USE OF, THIS SITE OR THE CONTENT OR MATERIALS THEREIN
WHETHER IN A CONTRACT ACTION OR BASED ON CONTRACT, TORT, NEGLIGENCE,
PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY OR OTHER LEGAL OR
EQUITABLE THEORY, EVEN IF TRADES4TEENS OR ITS AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT WILL PETSANDBREEDS TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY OR
OTHER LEGAL OR EQUITABLE THEORY) EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THIS SITE.
You acknowledge and agree that PetsandBreeds.com
has set its prices and entered into these Terms of Use in reliance upon
the limitations of liability specified herein, which allocate the risk
between the you and PetsandBreeds.com and form a basis of the bargain between
us.
11. Indemnity
You will defend, indemnify, and hold harmless
PetsandBreeds.com, its officers, directors, employees, and agents from and
against any claims, actions, or demands, including without limitation,
reasonable legal and accounting fees, arising in connection with: (a)
your breach of the terms of this agreement; (b) any alleged violation of
any third-party right including without limitation, any copyright,
trademark, trade dress, trade secret, or privacy right that arises in
connection your posting of any material on the site; and (c) your use
and access of the site. PetsandBreeds.com will provide notice to you of any
such claim, suit, or proceeding and shall assist you, at your expense
and in our reasonable discretion, in defending any such claim, suit or
proceeding.
12. Termination
Upon termination of these Terms of Use, you will
destroy any materials obtained from this site and all copies thereof,
whether made under these Terms of Use or otherwise. Any provision herein
that was intended to survive termination of these Terms of Use will so
survive.
13. Contract Interpretation
These Terms of Use will be governed by and
construed in accordance with the laws of the State of New Mexico, USA,
irrespective of any applicable conflicts of law principles. If any
provision of these Terms of Use are ruled to be unlawful, void, or
otherwise unenforceable, then that provision shall be deemed severable
from these Terms of use and shall not affect the validity and
enforceability of any remaining provisions. This is the entire agreement
between you and PetsandBreeds.com relating to the subject of this site. You
agree that no joint venture, partnership, employment or agency
relationship exists between you and PetsandBreeds.com as a result of this
agreement or use of this site.
14. Dispute Resolution
Any dispute arising with respect to these Terms
of Use shall be resolved by negotiation between the parties or, if
necessary, by resort to an appropriate federal or state court located in
the State of New Mexico. You expressly waive and are estopped from
asserting any right to pursue any claim against PetsandBreeds.com relating to
these Terms of Use in any forum or venue located outside of the State of
New Mexico. In the event of the filing of any such claim, you stipulate
to the transfer of the filing to any appropriate or available forum or
court in the State of New Mexico, at our sole discretion. Use of this
site is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including, without
limitation, this paragraph. This site is operated by PetsandBreeds.com from
its offices located within the State of New Mexico, United States of
America.
15. General Information
These Terms of Use govern your use
of the site and supersedes any prior agreements between you and
PetsandBreeds.com. The failure of PetsandBreeds.com to exercise or enforce any
right or provision of these Terms of Use will not constitute a waiver of
such right or provision. If you have any questions about any of this
terms in this Terms of Use, please e-mail and include the term
“Petsandbreeds Terms of Use” in the title of your email or in your phone
message.
I
Accept