Terms Of Use

PetoPet.com is a service operated by CWS ("www.CreativeWebSolutions.com"). By using the PetoPet.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and communicate with other Members and make use of the PetoPet.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process.

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 PetoPet.com from time to time, such modifications to be effective upon posting by PetoPet.com on the Website. This Agreement includes PetoPet.com's Acceptable Use Policy for Content Posted on the Website, PetoPet.com's Privacy Policy, and any notices regarding the Website. You may also receive a copy of this Agreement by emailing us at: legal@PetoPet.com, Subject: Terms of Use Agreement.

1. Eligibility.

You must be fourteen or over to register as a member of PetoPet.com or use the Website. Membership in the Service is void where prohibited. 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.

2. 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 by following the instructions on the my account pages, or upon receipt by PetoPet.com of your written or email notice of termination. PetoPet.com 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 PetoPet.com. If PetoPet.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 8-13 of this Agreement.

3.Non Commercial Use by Members.

The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, 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 the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4.Proprietary Rights in Content on PetoPet.com.

PetoPet.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of PetoPet.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Site.

a. You understand and agree that PetoPet.com may review and delete any content, messages, PetoPet.com instant messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of PetoPet.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

c. By posting Content to any public area of PetoPet.com, you automatically grant, and you represent and warrant that you have the right to grant, to PetoPet.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. PetoPet.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that: solicits passwords or personal identifying information for commercial or unlawful purposes from other users; harasses or advocates harassment of another person; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an 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, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.

f. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although PetoPet.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, PetoPet.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which PetoPet.com deems appropriate in its sole discretion.

6. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; 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; 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.

7. Member Disputes.

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

8. Privacy.

Use of the Website and/or the Service is also governed by our Privacy Policy.

9. Disclaimers.

PetoPet.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. PetoPet.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. PetoPet.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. PetoPet.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will PetoPet.com 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. The Website and the Service are provided "AS-IS" and PetoPet.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PetoPet.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

10. Limitation on Liability.

Except in jurisdictions where such provisions are restricted, in no event will PetoPet.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 PetoPet.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PetoPet.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to PetoPet.com for the Service during the term of membership.

11. U.S. Export Controls.

Software from this Website (the 'Software') is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. 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 California 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 California, County of San Mateo.

13. Indemnity.

You agree to indemnify and hold PetoPet.com, 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.

14. 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 PetoPet.com 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.

Please contact us at legal at PetoPet.com with any questions regarding this agreement.

Privacy Policy

PetoPet.com has created and implemented this privacy policy to demonstrate our complete commitment to protecting your personal information and informing you about how we manage it. This privacy policy only applies to transactions and activities in which you engage, and data gathered, on the PetoPet.com Website,PetoPet.com instant messenger and double blind email communications between PetoPet.com members and/or their pets (collectively, the "Site") but does not apply to any other Website or offline point of contact between PetoPet.com, or any other company, and consumers. We will notify all registered users via email of any change to our privacy policy, unless you have opted-out of receiving email from us. Please review this privacy policy periodically as we may modify it from time to time. This privacy policy was last revised on June 25, 2007. Each time you visit the Site or provide us with information, by doing so you are accepting the practices described in this privacy policy at that time.

Our Use of Your IP Address:

Like most commercial Websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to manage and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.

Cookies:

Like most Websites, the Site uses cookies to keep track of your purchases and other activity on the Site and enhance your experience on the Site. We also use cookies to deliver content specific to your interests, to save your password, and if you choose, to save other personal and financial information so you do not have to reenter it each time you visit the Site. Third party advertisers on the Site may also place cookies on your browser. If you wish to disable these cookies, the help portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas on the Site.

What We Do With Information We Collect From You:

In order to operate the Site and to provide you with information about products or services that may be of interest to you and your pet(s), we may collect personal information (i.e. information that could be used to contact you directly (without using the Site) such as full name, postal address, phone number or email address), financial information (i.e. credit card numbers or passwords) or demographic information (i.e. information that you submit, or that we collect, that is neither personal information nor financial information; this may include, but is not limited to, zip code, postal code, hometown, gender, username, age/birth date, pet species, pet breed, purchase history information, browsing history information, searching history information, registration history information, and the content of communications between you and other members over the Site), subject to the rest of this paragraph. Demographic information is divided into two categories: (a) private information, which consists of purchase history information and one-on-one communications between you and other users of the Site; and (b) public information, which consists of all other demographic information. We ask that you do not enter personal information or financial information into your PetoPet.com Profile (for example, don't use your address or password as your username, or include your name, address or telephone number in your written responses), because if you do then it may be posted publicly on the Site, and the information will then be treated as demographic information that is public information. Please note that nowhere on the Site do we knowingly collect personal information from children under the age of 14, as we require that all users represent to us that they are at least 14 years old.

Information Related Websites Collect From You:

On the Site, we place links to other related Websites operated by other parties. Some of these other Websites contain our brand names and trademarks and other intellectual property that we own; others do not. When you click on these links and visit these other Websites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other Websites or these other Websites' business practices, and that this privacy policy does not apply to these other Websites. Consequently, the operators of these other Websites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Site. We encourage you to review their privacy policies and remind you that we will not be responsible for their actions.

How We Use Personal Information:

We use your email address and your other personal information to help us efficiently operate PetoPet.com, to contact you in connection with your transactions and other activities on the Site (including, but not limited to, confirmation emails or important news that could affect your relationship with PetoPet.com), and to forward messages to you from other PetoPet.com users. These types of communications are known as Site Communications. In some cases, Site Communications may also contain commercial messages, such as banner ads and special offers.
We also use personal information to send you newsletters, information, offers and other promotional materials for PetoPet.com's or third parties' goods or services. We attempt to send you offers that are of value to you, such as discounts, exclusive offers or special event information. The Site provides you with options to decline to receive communications from PetoPet.com (other than those contained in Site Communications). Some of these options may only be for a certain category of communications; others may be more general. By posting a profile on the Site, you are opting in to receive PetoPet.com email. To stop receiving PetoPet.com email, go to your account settings and change your desired frequency.

To operate the Site, including processing your transactions and supporting your activities on the Site, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, email origination, receipt or support services, customer relationship management services, order fulfillment and sweepstakes and promotional fulfillment. We require these entities not to use your information for any other purpose.

By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Site, or electing to receive communications (such as emails or magazine subscriptions) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Site, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.

In some cases, we may enter into a promotional relationship with another company in which we prominently display their brand name or trademarks on pages of the Site. These pages are known as Partner pages and these companies are known as Partner Companies. If the page on which you submit information is a Partner-Branded Page, or was accessed by clicking on a link on a Partner-Branded Page, then we may share your personal information with the associated Partner Company. Partner Companies may use your personal information in accordance with their own privacy policies. You will need to contact Partner Companies to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such Partner Companies in the same manner in which we are entitled to use and disclose any other information you submit to us. Some Partner pages may contain an action tag that a third party may use to read cookies that it, or its clients, may have placed on your browser at other (non-PetoPet.com) web sites before your visit to PetoPet.com. This technology is used to measure the effectiveness of advertisements on such other Websites that promote Partner pages. Further, third parties may use the information collected through this technology to learn more about your visits to this Site and other Websites in order to provide advertisements about goods and services of interest to you.

Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.

How We Use Financial Information:

We use your financial information to bill you for products and services. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information, on the Site, you consent to our providing your financial information to our service providers and to such third parties as we determine are necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support the transaction or activity. By purchasing, or registering or making reservations for, products or services of third parties offered on the Site, or by participating in programs offered on the Site that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Additionally, if the page on which you submit information is a Partner page, or was accessed by clicking on a link on a Partner page, then we may share your financial information with the associated Partner Company. Any of these various third parties (including Partner Companies) may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us. Please read the information below under the heading Sharing of Personal and Financial Information to learn more ways in which we may share your financial information.

Sharing of Personal and Financial Information:

Your personal information or financial information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information or financial information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of PetoPet.com or other visitors to the Site. We also may disclose your personal information or financial information to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control. Whenever personal information or financial information is disclosed under this paragraph, we may also disclose your demographic information along with it, on a non-anonymous basis. All of our parent, subsidiary and affiliated legal entities and businesses that receive your personal information, financial information, or non-anonymous demographic information from us will comply with the terms of this privacy policy with respect to their use and disclosure of such information.

How We Use Public Information and Other Demographic Information:

We may review all demographic information. We may use public information to enable other users to find your profile, to determine whether they are a match for you and to communicate with you. We may use demographic information to tailor the Site and communications to your interests. We may also share demographic information with advertisers on an anonymous and aggregated basis (i.e., without telling the advertisers your identity). One of the reasons we may do this is to increase the likelihood that our advertisers' goods and services will appeal to PetoPet.com's users, so that we may target specific ads at specific demographic groups. Our sharing of demographic information with advertisers is anonymous (i.e., we do not tell advertisers which particular PetoPet.com users are members of which demographic groups), subject to the rest of this privacy policy. When you respond to an advertisement, however, we ask you to remember that if that ad that is targeted to a demographic group and you decide to give the advertiser your personal information, then the advertiser may be able to identify you as being a member of that demographic group. Please also be aware that when we disclose your financial information or personal information to a Partner Company, as described above, we may also disclose to that Partner Company your demographic information, other than the content of one-on-one communications between you and other members. Please also be aware that we may disclose your demographic information on a non-anonymous basis as described above in the paragraph titled "Sharing of Personal and Financial Information." Also, to read further details about how we may use your public information, please refer to our Terms of Use.

Monitoring of Online Behavior:

As a user, you will have the ability to communicate with other users through instant messages and onsite mail. While we do not, as a rule, moderate or monitor members' private exchanges, we reserve the right to do so if we suspect users of being under 14 or of using our service for the purpose of solicitation or any other violation of our terms of use or Privacy Statement. Member submissions that appear on the public area of the site are moderated and, if necessary, we reserve the right to edit, delete, remove or not use any communication on a public area of the site. Members may choose to participate in community polls. The results of these polls are tracked by gender only and do not reveal any personal identifiable information linked to the individual voters.

Security Precautions:

The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Our secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. We encrypt all of your personal and financial information as it travels over the Internet and we store your financial information on our servers in encrypted form. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.

Changes to our Privacy Policy for Previously Gathered Information:

If at any point we decide to use particular personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email or by providing 30 days notice on the Site. Please note that we will continue to have the right to change our privacy policy and practices, and how we use your personally identifiable information, without notice, as described in the first paragraph of this Privacy Policy, provided that such changes shall only apply to information gathered on or after the date of the change.

How You Can Access and Update Your Email Preferences, Personal Information and Public Information:

We give you the opportunity to opt-out of certain communications and modify personal information or demographic information you have provided to us, and to hide demographic information from, or make demographic information visible to, the public users of the Site, at anytime by going to the owner section of the Site when you login. Please be aware that it may take several hours for the changes you make to take effect on the public areas of the Site. We thank you for your patience. Please note that changing or deleting your information through the owner section of the Site, or otherwise opting-out of receipt of email communications from PetoPet.com, will only change or delete the data in our database for purposes of future activities on the Site and for managing future communications from PetoPet.com. These changes and deletions will not change or delete emails or information that we may have already forwarded to other users or credit card companies or any other third parties, all as provided above in this privacy policy.

If you have any questions or concerns about this privacy policy, the practices of the Site, or your dealings with the Site, you can contact us at legal at PetoPet.com.