This upet.com Terms of Service and Use Agreement (the "Agreement") governs the provision of the Services (as defined in Section 1 below) by UPET LLC ("UPET") to you. UPET reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this site (upet.com and any Web site incorporating the content of upet.com is referred to herein as the "UPET Web Site"). UPET will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised (i.e., following the words "Last Revision"). The amended or revised Agreement will be effective immediately after it is posted on the UPET Web Site. Your use of the Services following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. UPET encourages you to review this Agreement whenever you visit the UPET Web Site to make sure that you understand the terms of the Services provided to you. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with UPET for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Services and the UPET Web Site. If you would like to print this Agreement, please click the print button on your browser toolbar.
1. Grant of Limited License.UPET, through the UPET Web Site, offers individual users of the UPET Web Site ("User(s)") a robust, proprietary community engine to locate and communicate with other pet owners (the "Services"). The proprietary software associated with the Service which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work (and subject to other intellectual property laws). Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, UPET grants to you a personal, nonexclusive, non-assignable and nontransferable license to use the Service from a single computer and to use the Service solely as permitted under this Agreement.
2. Restrictions of Limited License.Unless you have a separate written agreement with UPET authorizing you to do so, you will: (i) not copy or distribute the software or source code behind the Service to any third party; (ii) not reverse engineer, disassemble or decompile any portion of the Service or otherwise attempt to discover or re-create the source code to the Service; (iii) comply with all applicable laws to the Service; (iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Service; and (v) not remove, alter, or obscure any proprietary notices (including copyright notices) of UPET or its suppliers in any portion of the Service or on the UPET Web Site.
3. Content Accessible Through the Service.The Service contains a variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that Users post and or create. Please use caution and common sense when viewing the UPET Web Site. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that UPET is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the Service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will UPET be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service. Please note that because Users can post Content through the Service without UPET's approval, some Content may be considered inappropriate and harmful to minors. In order protect minors from such Content, you can retain a third party service provider to block inappropriate Content from displaying on your Web browser. UPET does not and cannot endorse the quality and capabilities of such services.
You acknowledge that UPET does not pre-screen Content, but agree that UPET shall have the right (but not the obligation) to access, rearrange, modify and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, UPET shall have the right to access and remove or restrict access to any Content that violates this Agreement or that UPET believes is otherwise objectionable, in its sole discretion.
You acknowledge and agree that UPET may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure us reasonably necessary to: (a) comply with legal process; (b) enforce thus Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of UPET, its users and the public.
You grant UPET the world-wide, perpetual, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content (including the likeness and name of individuals and pets contained therein) you post/upload/contribute to the Service, for any reason, in any media, at any time. By way of example, and not limitation, UPET may utilize any Content you post/upload/contribute to the Service for online or offline advertising which promotes UPET, the Service and/or the UPET Web Site, without any royalty or payment being owed to you.
4. User Conduct.You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
(c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortuous, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and breaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (7) you do not have a right to upload or post due to contractual or other legal obligation.
(d) impersonate any person or entity, including, but not limited to, an UPET official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) interfere with or disrupt the Service, computer servers or boards accessible through the Service; and
(g) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.
If you do use the Service to commit any of the above, UPET may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Service, and remove and dispend any Content within the Service.
5. Reservation of Rights.UPET and its suppliers reserve all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the Service from unauthorized disclosure or use.
6. Your Registration and Account.(a) Registration Obligations. In consideration for access to certain Services, and to establish a Services account, you must provide UPET with certain information ("Registration Data") requested on the registration form. You agree that the Registration Data you provide: (1) is true, accurate, current and
complete, and (2) will be maintained and updated by you to keep it true, accurate, current and complete. UPET reserves the right to terminate your use of the Services and refuse to provide you with any and all current or future use of the Services if UPET, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.
(b) Registry Information Download. As part of the registration process and once you have completed the information specified in (a) above, the Service software automatically collects certain information from your computer (including your Internet address, browser type, operating software, computer language and email type and other computer registry information). You will allow the UPET software to obtain this information and not to manipulate or falsify such information.
(c) Account Security. You will obtain a user name and password upon completing the registration process for the various Services. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number whether or not authorized by you. You will immediately notify UPET of any unauthorized use of your user name or any other breach of security. UPET cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.
7. DISCLAIMER OF WARRANTY.YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, UPET AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER UPET NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE UPET WEB SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE BEHIND THE SERVICE IS NONINFRINGING. UPET AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE UPET AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT AND THE SERVICE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF UPET OR ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE OR CONTENT OBTAINED THROUGH THE USE OF THE SERVICE AND UPET WEB SITE 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 YOUR USE OF THE SOFTWARE AND/OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION
8. LIMITATION OF UPET'S LIABILITY.IN NO EVENT SHALL UPET OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
9. Termination.Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from UPET to effectuate such termination. Additionally, UPET may terminate this Agreement at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the UPET Web Site or otherwise publicly proclaiming such termination. Upon termination, you must stop using the Service.
10. Your Indemnification of UPET.You agree to hold harmless, defend, and indemnify UPET, its officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys' fees, that are due to, or that arise from your use or misuse of the UPET Web Site and/or Service, or for infringement by you of intellectual
property rights or other right of any third party. We may assume exclusive control of any defense or any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.
11. Spam and Acceptable Use.While we encourage you to refer friends, family, colleagues, and others to use the Service, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual property of UPET in conjunction with the sending of unsolicited e-mail, or cause to be used UPET equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited e-mail messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that the UPET Web Site's network addresses or UPET services are in any way identified as being associated with the sending of unsolicited email or other prohibited methods of advertising or promoting your involvement with UPET. Incidents of "spamming" or similar inappropriate behavior should be reported to UPET immediately.
12. Other Web Sites To Which The Service May Link Or Refer To.(a) Third Party Links. UPET is not responsible in any way for, and does not guaranty the availability of, any email from or links to third party Web sites and resources which may be accessed through the UPET Web Site. In addition, UPET does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from such Web sites or resources. UPET will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services, or other materials on or available from such Web sites or resources.
(b) Infringer Notification. If you believe that any material available through the UPET Web Site infringes upon any copyright you own or control, or that any link on the UPET Web Site directs users to another Web site that contains material that you own or control, contact firstname.lastname@example.org.
13. Feedback.Any comments or materials sent to UPET including feedback data, such as questions, comments, suggestions, or the like regarding the Service or any other products or programs of UPET (collectively "Feedback"), is non-confidential. UPET has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, UPET is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
14. Notices.All written notices to UPET shall be delivered to email@example.com. UPET may provide you notices of changes to this Agreement or any other matter by displaying notices to you generally on the UPET Web Site. UPET may change its addresses (e-mail or mailing) by displaying such changes on the UPET Web Site.
15. Digital Millennium Copyright Act.It is UPET's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. To file a notice of infringement with UPET (an "Infringement Notice"), you must provide a written communication (by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.
To expedite our ability to process an Infringement Notice, please provide the following information:
(a) Identify in sufficient detail the location of the copyrighted work that you believe has been infringed (e.g., upet.com/exampleurl);
(b) Identify the material that you claim is infringing the copyrighted work listed in subsection (a) above;
(c) Provide information reasonably sufficient to permit UPET contact you (email address is preferred);
(d) Provide information, if possible, sufficient to permit UPET to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred);
(e) Include the following statement (if you are not the copyright owner): "I have a good faith belief that use of the copyrighted materials described in this Infringement Notice on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."; and
(f) Include the following statement (if you are the copyright owner): "I swear, under penalty of perjury, that the information in this Infringement Notice is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign the Infringement Notice and send the written communication to firstname.lastname@example.org.
16. Miscellaneous.16.1. Exclusivity. This Agreement constitutes the complete and exclusive agreement between you and UPET and supercedes any other oral or written communications between the parties regarding the subject matter herein. Any rights not expressly granted herein are reserved.
16.2. Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
16.3. Jurisdiction. This Agreement is governed by the laws of the Russian Federation, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Russian Federation. You hereby consents to the exclusive personal jurisdiction of the courts in Russian Federation for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to international laws or treaties, or the laws of the jurisdiction in which you reside, to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.