- You must be at least 13 years old to use the Service.
- You cannot post violent, partially nude, discriminatory, unlawful, infringing, hateful, or sexually suggestive photos or other content via the Service.
- You are liable for any indecent activity that occurs through your account and you solely agree that, you will not sell, transfer, license or assign your account, followers, username, or any account rights to third party. With the exemption of people that are specifically certified to create accounts on behalf of their employers or clients, PetsForever forbids the creation of and you agree that you will not for any reason what so ever create an account for anyone other than yourself. You also warrant that all information you provide or provided to PetsForever in the course of registration and at all other times will be factual, precise, up-to-date and complete and you agree to bring up to date your information as necessary to maintain its certainty and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other PetsForever users.
- You are liable for keeping your password safe and secure.
- You must not disparage, bully, abuse, harass, mimic, threaten, impersonate or intimidate entities and you also agree that, you will not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unapproved purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely liable for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website, Mobile App so as to falsely imply that it is associated with the Service or PetsForever.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any PetsForever users.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Pet Forever page is rendered or displayed in a user’s browser or device
- You must not create accounts with the Service through an unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- We reserve the right at any time to modify or terminate the Service or your use of the Service for any reason, without any prior notice, at any time, and without responsibility to you. If we terminate your access to the Service, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account. (e.g., users will not be able to navigate to your username and view your photos
- We reserve the full right to deny anyone access to the Service for any reason at any time.
- We reserve the right to force penalization or punishment of any username for any reason.
- You are solely liable for your interaction with other users of the Service, whether online or offline. You agree that PetsForever is not liable for the miss conduct of other user. PetsForever reserves the right, but has no responsibility, to monitor or partake in any disputes arising between you and other users. Implement your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- You agree that you are liable for all data charges you incur through use of the Service.
- We forbid accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with PetsForever’s express consent).
- 10. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. PetsForever does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that PetsForever is in no way responsible for any such third-party services or features. You may choose, at your absolute discretion, to use applications that connect your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to from and to your Service profile.
- Content forbidden from PetsForever includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (5) malicious content (including, without limitation, malware or spyware).
- Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PetsForever may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- The Service contains content owned or licensed by PetsForever (“PetsForever Content”). PetsForever Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and PetsForever, PetsForever owns and retains all rights in the PetsForever Content and the Service. You hereby agree not to remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PetsForever Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the PetsForever Content.
- The PetsForever name and logo are trademarks of PetsForever, and may not be copied or used, in whole or in part, without the prior written permission of PetsForever. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of PetsForever, and may not be used, in whole or in part, without prior written permission from PetsForever.
- Although it is PetsForever’s intention for the Service to be available as much as possible, there will be occasions where by the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, PetsForever reserves the right to remove any Content from the Service for any reason what so ever, without prior notice. Content removed from the Service may continue to be stored by PetsForever, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, PetsForever encourages you to maintain your own backup of your Content. In other words, PetsForever is not a backup service like (goggle drive) and you agree that you will not rely on the Service for the purposes of Content backup or storage. PetsForever will not be responsible to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
COPYRIGHT AND IP VIOLATIONS
- We respect other people’s rights, and expect you to do the same.
- For assistance protecting your intellectual property rights, please email support at firstname.lastname@example.org
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate without prior notice
THE SERVICE, INCLUDING, WITHOUT LIMITATION, PETSFOREVER CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PETSFOREVER NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “PETSFOREVER PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE PETSFOREVER CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PETSFOREVER OR VIA THE SERVICE. IN ADDITION, THE PETSFOREVER PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
We expressly exclude any warranty that the Application will be available at all times or that your use of the Application will be uninterrupted or error free. We reserve the right to suspend the operation of the Application, including if required or requested to do so by our hosting service provider. To the extent permitted by law (including under the Australian Consumer Law), we shall not be liable in respect of any action or claim in relation to such unavailability or any claim for loss or damage arising therefrom.
Even Though :
To the extent permitted by law (including under the Australian Consumer Law), any indirect or direct warranties or conditions last only for the duration of the term of the limited warranty. Some jurisdictions or authorities do not allow limitations on how long an implied warranty lasts, so therefore, these limitations may perhaps not apply to you.
EXCLUSIONS FROM WARRANTY
To the extent permitted by law (including under the Australian Consumer Law), the warranty under this Agreement does not cover complications caused by your acts or omissions or the acts or omissions of others, or events further than our reasonable control.
CONSUMER RIGHTS NOT AFFECTED
You may have additional consumer rights under your local laws (including under the Australian Consumer Law), which this Agreement cannot change.
NO OTHER WARRANTIES
To the extent permitted by law (including under the Australian Consumer Law), this limited warranty is the only warranty directly from us. PetsForever gives no other express guarantees or conditions. Where allowed by your local laws, we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. If your local laws give you any implied guarantees or conditions, despite this exclusion, your remedies are described in the remedy for breach of warranty clause above, to the extent permitted by your local laws.
THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND FAIR TRADING ACTS
Nothing in this Agreement is proposed or intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable. If you are a consumer for the purposes of the Australian Consumer Law Schedule of the Competition and Consumer Act 2010, nothing in these Terms limits any remedy available for a failure of the guarantees in sections 56 and 57 of that law.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE PETSFOREVER PARTIES BE RESPONSIBLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE PETSFOREVER CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PETSFOREVER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PETSFOREVER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE PETSFOREVER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PETSFOREVER PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED AUSTRALIAN DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PETSFOREVER’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE PETSFOREVER PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PETSFOREVER PARTIES.
PETSFOREVER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
This Agreement was originally prepared in the English language. Although we may provide one or more translations in the future, the English language version will prevail in the case of any conflict or discrepancy.
This Agreement is governed by the Applicable Law without any reference to any conflict of laws and the parties agree to submit to the exclusive jurisdiction of the Courts of the State of Victoria and the Commonwealth of Australia and the Courts of Appeal therefrom.
The benefit of this Agreement may not be dealt with in any manner by you (whether by assignment, novation, sub-license or otherwise) without our written consent. We may assign, sub-license or otherwise transfer its rights in respect of this Agreement without your consent.