| TERMS OF USE AGREEMENT |
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| Welcome to Pets Dating, the service for pet owners to meet other pet owners, who want their pet to enjoy the company of another pet online operated by Pets Dating. By using thePets Dating website you agree to be bound by these Terms of Use, whether or not you register as a member. If you wish to become a Member and communicate with other Members and make use of the Pets Dating service, read this Terms of Use. |
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| This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by Pets Dating from time to time, such modifications to be effective upon posting by Pets Dating on the Website. |
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| 1. Eligibility |
| You must be eighteen or over to register as a member of Pets Dating or use the Website. Agree to provide true, accurate, current and complete information about your self as prompted by the services membership form. Maintain and promptly update the membership information to keep true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pets Dating has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PetDating.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Membership is void where prohibited. |
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| 2. Fees and Costs |
| It is free to join and become a member of Pets Dating. |
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| 3. Term |
| This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason. Pets Dating may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Pets Dating. |
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| 4. Member Account, Password, and Security |
| When you register, you must choose a unique user name or "handle" and you must provide a unique, valid e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. You will receive an account designation upon completing the Service's membership process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pets Dating of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pets Dating cannot and will not be liable for any loss or damage arising from your failure to comply. |
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| 5. Use by Members |
| Illegal and/or unauthorized uses of the Website, including collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. |
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| 6. Proprietary Rights in Content on Pets Dating |
| You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Pets Dating or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. |
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| 7. Content Posted on the Site |
| You are responsible for all content and photos you post on the Petsdaing website. You may not post on the website any material or photo that (a) is obscene or contains pornography or is harmful to minors in any way; (b) is offensive, defamatory, libelous, false or misleading, threatening, harassing, abusive or hateful; (c) violates the privacy or publicity rights of others; or (d) violates the property rights, including copyright and trademark rights, of others. |
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| You are responsible for insuring that any material or photo you post on Petsdating website does not infringe on the property rights, including copyright, trademark, patent or trade secret rights, of any third party. |
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| You represent and warrant to Petsdating that: (a) you are the owner of any material or photo you post on the website or, if you are not the owner of such material or photo, (i) you have the copyright owner's express, written permission to post the material or photo on the website and (ii) the owner has expressly granted you the right to grant the license to Petsdating. (b) information and materials you post or submit for posting are truthful and accurate. |
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| 8. Forum Rules |
| To post messages to these Forums, you must register as a member. |
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| Pets Dating, at its own discretion, may bar registration from any specific e-mail service or ISP. |
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| Any message posted on our forums expresses only the views of the author of the message and does not necessarily reflect the views of Pets Dating or any person or entity associated with them. These Forums use moderators and administrators to monitor the content and appearance of messages posted in our forums. However, considering the real-time nature of this bulletin board, it is impossible for us to monitor or review every message. Therefore, you agree that neither these forums, nor any person or entity associated with them, will be held responsible for the contents, accuracy, completeness or validity of any information posted in them. |
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| You agree that you will not use our forums to post any material, or links to any material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law. |
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| You agree that you will not post to our forums any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you. Advertisements, chain letters, pyramid schemes, and solicitations are also inappropriate on these Forums. |
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| Pets Dating has the ability to edit and/or remove objectionable messages. Any user who believes that a posted message is objectionable is encouraged to contact us immediately by e-mail at admin@Pets Dating. Upon receipt of such notification, we will make every effort to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular messages immediately. |
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| Pets Dating reserves the right to edit or delete any message for any reason whatsoever, at our sole discretion. You agree that you are solely responsible for the content of your messages, and that you will indemnify and hold harmless these Forums, FuseTalk Inc. (the software manufacturer) and their agents and employees with respect to any claim based upon the appearance and/or transmission of your message(s). |
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| In the event of any complaint or legal action arising from any message posted by you, Pets Dating reserves the right to reveal your identity and any other information we may know about you. |
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| 9. Dealings with Advertisers |
| Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Pets Dating shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. |
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| 10. Links |
| The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pets Dating has no control over such sites and resources, you acknowledge and agree that Pets Dating is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Pets Dating shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. |
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| 11. Copyright Policy |
| You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary. |
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| 12. Member Disputes |
| You are solely responsible for your interactions with other Pets Dating Members. Pets Dating reserves the right, but has no obligation, to monitor disputes between you and other Members. |
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| 13. Privacy |
| Use of the Website and/or the Service is also governed by our Privacy Policy. |
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| 14. Disclaimers |
| You expressly agree that your use of the Website, Content, and Service is at your sole risk. The Website, Content, and Service are provided “AS IS”, without warranty of any kind, and Pets Dating expressly disclaims all warranties of any kind, whether express and implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement. Pets Dating does not guarantee the accuracy of any information provided on the Website, and makes no warranty that: (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website or in connection with the Service will be accurate or reliable. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether, oral or written, obtained by you from Pets Dating shall create any warranty of any kind. Pets Dating is not liable for any loss, damage, or deletion of any photo or files stored on or transmitted to or from the Website. Under no circumstances will Pets Dating be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. |
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| 15. Limitation on Liability |
| Except in jurisdictions where such provisions are restricted, in no event will PetsDaing.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if PetsDating has been advised of the possibility of such damages. PetsDaing.com under no circumstances will be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss of damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. |
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| 16. Disputes |
| If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York. |
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| 17. Indemnity |
| You agree to indemnify and hold Pets Dating, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service 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. |
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| 18. Other |
| This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Pets Dating regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. |
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| Please contact us with any questions regarding this agreement. |
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