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Terms Of Use

Thank you for choosing PawPlace.com.  Below are the Terms of Use (the "Terms" or "Agreement") governing your access and use of the PawPlace.com website and the network, services, applications, features, subscriptions and membership offered and/or available through PawPlace.com and its affiliates (collectively, "PawPlace.com" or the "Service").


Use of PawPlace.com requires that you read the following Terms of Use. The Terms contain important information regarding your legal obligations, rights and remedies regarding the use of PawPlace.com or any portion thereof, including, but not limited to the terms and conditions of use, limitations and exclusions of liability and dispute mechanisms.

Agreement between User and PawPlace.com

PawPlace.com is operated by PawPlace LLC and makes the PawPlace.com website and its Service available to you, the User, on the condition that you agree and accept these Terms, whether or not you register as a member. If you do not agree to be bound by these Terms (in their entirety) you may not use the Service and do not use PawPlace.com. 

By accessing or using of any section and/or web page of PawPlace.com, you acknowledge and agree that you have read, understood and agreed to these Terms, as they may be modified from time to time, and you further agree that:

1. Your use of PawPlace.com binds you to this Agreement regardless of whether or not you register as a member,

2. The Terms are subject to change and may be modified, updated, altered, and/or replaced, in whole or in part, at the sole discretion of PawPlace LLC, at any time,

3. It is solely your responsibility to regularly and frequently access and monitor these Terms for any change, modification, update, alteration, or replacement, and

4. Your access or use of PawPlace.com after any such change, modification, update, alteration, or replacement, constitutes your agreement to and acceptance of the new Terms.

As used in these Terms, the term "use" shall mean: (a) any access to any web page or portion of  PawPlace.com website or other web page operated by PawPlace LLC or its affiliates,    

Eligibility

Use of and membership in PawPlace.com is void where prohibited. By using PawPlace.com, you also represent and warrant that your use of PawPlace.com does not violate any applicable law or regulation.

PawPlace.com is intended for the use by individuals who are thirteen (13) years of age and older. By using PawPlace.com you represent and warrant that you are 13 years of age or older and 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.  Any use of PawPlace.com by anyone who is thirteen years or younger is unauthorized and a violation of these Terms and your profile may be deleted and your membership terminated without warning, if we believe that you are under 13 years of age.  PawPlace.com offers numerous areas where Members can interact, including but not limited to PawPrint, PuppyLove, City Guide, Pet Store, 4-UMs, Slick Pic, Blogs, email and Instant Messenger areas.  Prior to any participation, it is required for a user to become a member of PawPlace.com.  Additionally, use of the PuppyLove service at PawPlace.com is intended for use by individuals who are eighteen (18) years of age and older.  Notwithstanding the foregoing, PawPlace.com may refuse service without prior notice to any user of PawPlace.com for any or no reason. 

Membership. Subscription. Pricing.

You may become a Member of PawPlace.com at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within PawPlace.com. In order to access certain features and services, including access to the Slick Pic section, you must become a paying subscriber to the Service. Our price list for access to the Slick Pic section is part of this Agreement, and we reserve the right at any time to change any fees or charges for using the Service.   

When a paid subscription is required, additional terms and conditions will apply. Please refer to our Subscription Policies for the terms, conditions and policies applicable to your purchase of the Slick Pic Service and any other products and services available through PawPlace.com. Such Subscription Policies are subject to change without notice at any time, at PawPlace.com discretion, so you should review the Subscription Policies before ordering any service or product. By ordering any services or products through or from PawPlace.com, you agree to be bound by and accept the Subscription Policies that are disclosed to you in subscribing to the service are deemed part of this Agreement (see Subscription Policies below).  In the event of any conflict between the terms of these Terms and the Subscription Policies, these Terms shall control.

Termination

You may terminate your Slick Pic membership and/or subscription at any time, for any reason, by clicking ‘Unsubscribe Slick Pic' in  the ‘Account Settings' tab in the ‘Edit' portion of your profile. If you terminate your subscription, your membership to Slick Pic will be rendered inactive, effective immediately. There are no refunds for any unused portion of your subscription. This action will not affect your PuppyLove membership (if applicable) or PawPlace.com membership.

 You may terminate your PuppyLove at PawPlace.com membership and/or subscription at any time, for any reason, by clicking ‘Unsubscribe PuppyLove' in the ‘Account Settings' tab in the ‘Edit' portion of your profile, or by clicking ‘Cancel PuppyLove' under the ‘PuppyLove' tab in the ‘Edit' portion of your profile. If you terminate your subscription, your membership to PuppyLove at PawPlace.com will be rendered inactive, effective immediately. This action will not affect your Slick Pic membership (if applicable) or PawPlace.com membership.

You may terminate your PawPlace.com membership and/or subscription at any time, for any reason, by clicking ‘Unsubscribe PawPlace' in the ‘Account Settings' tab in the ‘Edit' portion of your profile. This action will also terminate any other membership/subscription associated with PawPlace.com, including Slick Pic and PuppyLove. If you terminate your subscription, your membership to PawPlace.com will be rendered inactive, effective immediately. There are no refunds for any unused portion of any subscription that you may have at the time of termination. You will be unable to access any portion of PawPlace.com following this action.

By using PawPlace.com, you also agree that PawPlace.com may terminate your use of PawPlace.com, your membership and/or subscription with or without cause (or for no cause at all) and without prior notice. Generally speaking, use of PawPlace.com and/or a membership and/or subscription may be terminated for among other reasons, any breach or violation of these Terms, extended periods of inactivity, your request for termination or a request by law enforcement or other governmental agency, or as otherwise required by law. All decisions regarding the termination of accounts shall be made in the sole discretion of PawPlace.com. PawPlace.com is not required to provide you notice prior to terminating your use of PawPlace.com, your membership and/or subscription. PawPlace.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. However, PawPlace.com may terminate your membership and/or subscription by 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 PawPlace.com

If PawPlace.com terminates your membership in the Service because you have breached or violated any of the terms and conditions contained in these Terms, you will not be entitled to any refund of unused subscription fees.

This Agreement will remain in full force and effect while you use PawPlace.com the Service and/or are a Member. Even after your membership or subscription is terminated, this Agreement will remain in effect and the terms and conditions contained herein will survive such termination- in particular, the disclaimers of liability, limitations of liability and indemnities shall survive any termination of your membership, subscription and/or this Agreement.

Privacy

Privacy and the security of your personal information is important to PawPlace.com. Use of PawPlace.com is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 

Content on PawPlace.com

Proprietary Rights.  PawPlace.com, or its partners owns and retains all proprietary rights in any Content posted throughout PawPlace.com and the Service, which contains its copyrighted other proprietary materials and/or trademarks (collectively, the "Proprietary Information").  Proprietary Information posted by PawPlace.com, our partners, advertisers, Members or users of the Service may be protected by copyright or similar laws, whether or not it is identified as proprietary to us or to them. Except for that information which is in the public domain or for which you have been given written permission by PawPlace.com, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Proprietary Information. 

You understand and agree that by posting any materials, data, photographs, videos, files, comments, suggestions, statements, opinions advice, recommendations, profiles, requests, offers, products, services, messages, blogs or or other information (collectively, the "Content") on PawPlace.com (including the Slick Pic section) or you otherwise provide, submit, or distribute, display, transmit or make available through (collectively, to "post") any Content material and/or information to PawPlace and/or PawPlace.com, you are granting to PawPlace a non-exclusive, royalty-free, perpetual, irrevocable license to use such materials and information in the course of offering PawPlace.com.  Furthermore, you agree that you have granted the rights to PawPlace to modify, alter, remove, reformat, excerpt or translate any portion or all of the materials and/or information so submitted by you as PawPlace.com sees fit.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. PawPlace.com is not liable for

Copyright Policy

You may not upload, 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.  It is the policy of PawPlace.com to terminate membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to PawPlace.com by the copyright's owner or legal agent.   

IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED AND POSTED ON PAWPLACE.COM IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, please provide our Copyright Agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  2. a description of the copyrighted work that you claim has been infringed
  3. a description of where the material that you claim has been infringed is located in the PawPlace.com site
  4. your address, telephone number, and email address
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

PawPlace.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows:  Copyright Agent, PawPlace.com 3207 Lake Ave Ste 5A Wilmette, IL 60091. 

Submission and/or use of Content.  By using PawPlace.com you understand and agree that any  Content transmitted, posted on or made available through the Service  by its Members, users,  visitors (including bloggers), partners or advertisers or any other third party (collectively, the "Authors" or "Author"), are those of their respective Authors and not of PawPlace.com .  Such Authors are responsible for their own Content, and urged to make sure the Content posted is correct and updated as needed.  You agree that you must evaluateand assume all risks associated with viewing and use of any Content posted on PawPlace.com. PawPlace.com does not guarantee the accuracy, completeness, reliability, operability, or usefulness of any Content posted by any Authors. Under no circumstances will any of the PawPlace Parties be responsible for any loss or damage of any kind resulting from any use of, errors, ommissions, unreliability, inoperability, in any Content,your reliance on any Content posted on PawPlace.com or otherwise made available or transmitted by any of the Authrs or through any external sites or resources. 

Links

This Service may provide, or third parties may provide, links to other World Wide Web (external) sites or resources.  By accepting these Terms, you acknowledge and agree that PawPlace.com is not responsible for such links, the availability or your use of such external sites. You also acknowledge and agree that PawPlace.com  does not endorse and is not responsible for any Content (including, but not limited to any advertising, products, services or other materials) posted on or available from or through such external sites or resources.  You further acknowledge and agree that PawPlace.com is not liable, directly or indirectly, for any damage or loss caused by or in connection with any use of or reliance on any such links, their external sites or resources, or any Content posted on or  available from or through such links and their external sites or resources.

Non-Commercial Use by Members

PawPlace.com is solely reserved for the personal use of its Members, and may not be used in any commercial endeavor, without the prior written consent of PawPlace. Illegal, offensive and/or unauthorized use of PawPlace.com, including collecting usernames 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 PawPlace.com is a violation of these Terms and may be investigated.  In appropriate circumstances, PawPlace.com may restrict the use of its Service, delete your profile, terminate your membership (and/or subscription), and/or take appropriate legal action. 

Account Security

The Members of the PawPlace.com community are solely responsible for maintaining the confidentiality of their user name and password, which is designated during the initial registration process. Furthermore, Members are solely responsible for all activities that occur under their username and password. If you suspect that there is unauthorized use of your username and password, or any other breach of your personal information, please take appropriate action to protect your identity, including, changing your password and notifying PawPlace.com.

Interactions with Other Members

You are solely responsible for your interactions with other Members. By using PawPlace.com and/or its Service, you agree to take reasonable precautions when interacting with all Members of this Service, whether online or if meeting in person.  

You acknowledge and agree that PawPlace.com does not screen its Members, verify the identity of  its Members or otherwise inquire into the backgrounds of its Members. You further agree that PawPlace.com does NOT REVIEW, attempt to verify, nor approve of the profile created by, statements made by, Content posted by, or any actions taken by any of its Members (whether on PawPlace.com, through its Service, offline, in person or otherwise).

 

By using PawPlace.com, you agree to provide truthful, accurate, current and complete information about yourself in your registration as a Member, in your profile, in all of your communications or other interactions with other Members . You further agree to maintain and update such Content as often as necessary to keep it accurate, current and complete.  You represent and warrant that the information posted on your profile is posted by you and that you are the exclusive author of your profile, including any photographs posted. (including those pictures uploaded to the Slick Pic section)

PawPlace.com also disclaims any and all responsibility or liability for the truthfulness, accuracy, completeness, legality, reliability, operability, or availability of information, material or other Content posted in a Member's profile or posted on any portion of PawPlace.com and/or its Service.  PawPlace.com disclaims any and all responsibility for the communications and conduct of its members and between members, whether online or offline. PawPlace.com makes no representation or warranties as to the conduct of its Members or their compatibility with current or future Members

By using PawPlace.com and/or its Service, you further agree that in no event shall any of the PawPlace Parties be liable for any damages arising whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of any portion of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of PawPlace.com or members of the Service.    

Member Conduct on PawPlace.com

We strongly urge all Members to act in a manner which is respectful and considerate of others in all sections throughout PawPlace.com  We have no control over the Content posted by Members and cannot ensure that Content posted will not be objectionable or offensive to another Member or visitor.  Although PawPlace.com has no obligation to monitor Content, we reserve the right to edit or delete Content from any area in the Website at any time for any reason.  You may contact our customer service department to advise us of any Content that you may find objectionable or offensive.

The following is a partial list of the kind of Content which is illegal or prohibited in any portion of the PawPlace.com Website.  We reserve the right to investigate and take appropriate legal action against anyone, who is our discretion, violates these provisions:

  1. harasses or advocates harassment of another person
  2. exploits people in a sexual or violent manner
  3. contains nudity, violence, or offensive subject matter or contains a link to an adult website or any adult Content
  4. solicits personal information from anyone under the age of 18
  5. is patently offensive on the basis of race, ethnicity, gender, age, disability, sexual orientation, or religion
  6. provides any telephone numbers, street addresses, last names, URLs, or email addresses, unless pertaining to portions of the Website which constitute such information (i.e. Pet Store)
  7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous
  8. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal weapons, violating someone's privacy, or providing or creating computer viruses
  9. involves transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming", or "spamming"
  10. promotes illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices
  11. solicits passwords or personal identifying information for the commercial or unlawful purposes of another member
  12. includes a photograph of another person that you have posted without that person's consent
  13. includes any photos which depict animal cruelty, beastiality, fighting, or that are pornographic in nature

The following is a list of Prohibited Activities on any or all section of PawPlace.com.  As with the illegal Content as listed above, we reserve the right to investigate, delete your profile and any or all Content posted by or related to you on PawPlace.com, and/or terminate your membership, if you have misused the service, without reimbursement of unused subscription fees where they may apply. 

  1. you may not impersonate any person or entity
  2. you will not "stalk" any person
  3. you may not express or imply that any statements you make are endorsed by PawPlace.com, without or prior written consent
  4. you will not partake in any criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, or gambling
  5. you will not use any robot, spider, or other processing device to retrieve, index, "data mine", or in any way reproduce the navigational structure of this Service
  6. you will not remove any copyright, trademark, or other proprietary rights contained within this Service
  7. you may not use the account, username, or password of another member at any time, or disclose this information to any third party for access your account
  8. you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile any portion of the PawPlace.com Website or any software used for the Service or cause others to do so
  9. you shall not use any portion of the PawPlace.com Services in a manner inconsistent with any and all applicable laws and regulations 

Member Disputes

You are solely responsible for your interactions with other PawPlace.com Members.  PawPlace.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Disclaimer of Warranties

You understand and agree that PawPlace.com is provided on an "AS IS" and "AS AVAILABLE" basis. PawPlace LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

PAWPLACE.COM 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 USE OF THE SERVICE WILL BE ACCURATE, RELIABLE  OR WILL MEET YOUR EXPECTATIONS (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) YOU WILL FIND A COMPATIBLE MATCH USING THE SERVICE, AND (VI) ANY ERRORS IN MEMBER PROFILE'S AND/OR CONTENT, THE WEBSITE, APPLICATIONS AND/OR SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.

PawPlace.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of, and member communications.  Under no circumstances shall PawPlace.com be responsible for any loss or damage, including personal injury or death, resulting from use of the PawPlace.com Service, from any Content posted in the Service, or from the conduct of any members of the PawPlace.com Service.  We cannot guarantee and do not promise any specific results from the use of the PawPlace.com or its Service. 

Limitation on Liability 

By accepting these Terms, you agree that in no event shall PawPlace.com be liable to you or any third party for any direct, indirect, consequential, incidental, exemplary, special or punitive damages, including, but not limited to loss of profits, goodwill, use, data or other intangible losses or damages arising from your use of the Service, even if PawPlace.com has been advised of the possibility of such damages.  Some jurisdictions do not allow for the exclusion of, the limitation of liability and/or the exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations may not apply to you. Notwithstanding anything to the contrary contained herein, the cumulative and aggregate liability of all the PawPlace Parties (if any) to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of (a) $100, or (b) the amount paid, if any, by you to PawPlace.com for the PawPlace.com Service during the last month of your membership. 

Indemnity

By accepting these Terms, you agree to indemnify, defend and otherwise hold PawPlace LLC its  officers, corporate managers and members, agents, partners, and employees, and their respective agents (collectively, the "PawPlace Parties"), harmless from any direct, indirect, general,  incidental, special, consequential or exemplary damages, loss, liability, claim, or demand, including reasonable attorney's fees, due to or arising out of: (a) your use of the PawPlace.com, (b) any violation of this Agreement, (c) any breach of your representations and warranties as set forth in this Agreement,  (d)   any Content that you post on PawPlace.com or through its Service, (e) any communications, meetings or any other interaction with other Members, visitors or other users of PawPlace.com or any portion of the Service (whether online or offline), including without limitation, any bodily injury, emotional distress, and/or any other damages that causes PawPlace.com to be liable to another party.

Jurisdiction and Choice of Law

Any dispute arising out of the use of PawPlace.com and/or the Service, in connection with a violation or other breach of these Terms or in any other way related to PawPlace.com, shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions.

All actions arising directly or indirectly as a result or in consequence of any such dispute shall, in the sole and absolute discretion of PawPlace, be brought before any State or Federal court sitting in Chicago, Illinois, and you waive any objections to the personal jurisdiction of or laying of venue in any such court; except that pro­ceed­ings to enforce any judgment so obtained may brought wherever you are residing, doing business or has assets and you hereby con­sent to personal jurisdiction and venue in such courts.

Other

These Terms contain the entire agreement between you and PawPlace.com (and its owner/operator) regarding the use of PawPlace.com and/or the Service. You may not rely on any representation, warranty, covenant, condition, term or any other agreement that are not expressly found in these Terms (as last modified). If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.  Nothing in these Terms shall be deemed to confer any third-party rights or benefits.