Terms Of Use

Custom Creation

Animal Caring.info

This page was last updated

January 14, 2010

DISCLAIMER:

The information content in this site may not guaranteed to be 100% accurate to your pet. It is always advised to seek additional information or the advice of a qualified veterinarian. It is also advisable for you to a good amount of research on your animal before buying and taking care of your loving pet.

ANIMALCARING.INFO SERVICE AGREEMENT/TERMS OF USE

1. ACCEPTANCE OF TERMS

The services that animalcaring.info provides to User is subject to the following Terms of Use ("TOU"). Animalcaring.info reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

A. This Agreement, which incorporates by reference other provisions applicable to use of animalcaring.info, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in animalcaring.info, sets forth the terms and conditions that apply to use of animalcaring.info by User. By using animalcaring.info (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use animalcaring.info is personal to User and is not transferable to any other person or entity.

B. Animalcaring.info shall have the right at any time to change or discontinue any aspect or feature of animalcaring.info, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. CHANGED TERMS

Animalcaring.info shall have the right at any time to change or modify the terms and conditions applicable to User's use of animalcaring.info, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on animalcaring.info, or by electronic or conventional mail, or by any other means by which User obtains notice thereof.

3. DESCRIPTION OF SERVICES

Through its Web property, animalcaring.info provides User with access to a variety of resources, including download areas, communication forums (COMING SOON) and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

4. EQUIPMENT

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of animalcaring.info and all charges related thereto.

5. USER CONDUCT

A. User shall use animalcaring.info for lawful purposes only. User shall not post or transmit through animalcaring.info any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without animalcaring.info's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in animalcaring.info's discretion restricts or inhibits any other User from using or enjoying animalcaring.info will not be permitted. User shall not use animalcaring.info to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with animalcaring.info.

B. Animalcaring.info contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of animalcaring.info are copyrighted as a collective work under the United States copyright laws. Animalcaring.info owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of animalcaring.info and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

C. User shall not upload, post or otherwise make available on animalcaring.info any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of animalcaring.info,

6. USE OF SERVICES

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

* Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

* Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.

* Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

* Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

* Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

* Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

* Restrict or inhibit any other user from using and enjoying the Communication Services.

* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

* Harvest or otherwise collect information about others, including e-mail addresses.

* Violate any applicable laws or regulations.

* Create a false identity for the purpose of misleading others.

* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Animalcaring.info has no obligation to monitor the Communication Services. However, animalcaring.info reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Animalcaring.info reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Animalcaring.info reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Animalcaring.info's sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

Always use caution when giving out any personally identifiable information in any Communication Services. Animalcaring.info does not control or endorse the content, messages or information found in any Communication Services and, therefore, animalcaring.info specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized animalcaring.info spokespersons, and their views do not necessarily reflect those of animalcaring.info.

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires User to open an account, User must complete the registration process by providing animalcaring.info with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify animalcaring.info immediately of any unauthorized use of User’s account or any other breach of security. Animalcaring.info will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by animalcaring.info or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.

8. MATERIALS PROVIDED TO ANIMALCARING.INFO OR POSTED AT ANY OF ITS WEB SITES

Animalcaring.info does not claim ownership of the materials User provide to [NAME OF COMPANY] (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting [NAME OF COMPANY], its affiliated companies and necessary sublicenses permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all [NAME OF COMPANY] Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User’s Submission, as provided herein. [NAME OF COMPANY] is under no obligation to post or use any Submission User may provide and [NAME OF COMPANY] may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.

9. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

A. USER EXPRESSLY AGREES THAT USE OF ANIMALCARING.INFO IS AT USER'S SOLE RISK. NEITHER ANIMALCARING.INFO, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ANIMALCARING.INFO WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANIMALCARING.INFO, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ANIMALCARING.INFO.

B. ANIMALCARING.INFO IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ANIMALCARING.INFO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ANIMALCARING.INFO, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ANIMALCARING.INFO, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

10. LINKS TO THIRD PARTY SITES

THE LINKS IN THIS AREA WILL LET YOU LEAVE ANIMALCARING.INFO'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ANIMALCARING.INFO AND ANIMALCARING.INFO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ANIMALCARING.INFO IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ANIMALCARING.INFO IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ANIMALCARING.INFO OF THE SITE.

ANIMALCARING.INFO is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, ANIMALCARING.INFO has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of ANIMALCARING.INFO, are those of the respective author(s) or distributor(s) and not of [NAME OF COMPANY]. Neither ANIMALCARING.INFO nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through ANIMALCARING.INFO represents the opinions and judgments of the respective information provider, User, or other user not under contract with ANIMALCARING.INFO. ANIMALCARING.INFO neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ANIMALCARING.INFO by anyone other than authorized ANIMALCARING.INFO employee spokespersons while acting in their official capacities. Under no circumstances will ANIMALCARING.INFO be liable for any loss or damage caused by a User's reliance on information obtained through ANIMALCARING.INFO. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ANIMALCARING.INFO. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

11. MONITORING

Animalcaring.info shall have the right, but not the obligation, to monitor the content of animalcaring.info, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by animalcaring.info and to satisfy any law, regulation or authorized government request. Animalcaring.info shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on animalcaring.info. Without limiting the foregoing, animalcaring.info shall have the right to remove any material that animalcaring.info, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

12. MISCELLANEOUS

This Agreement and any operating rules for animalcaring.info established by animalcaring.info constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the New York State and the United States, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

13. COPYRIGHT NOTICE

14. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

THESE TERMS OF USE WERE CREATED ON SUNDAY, OCTOBER 25, 2009.