1. Eligibility. You must be sixteen (16) or over to register as a member of PUPPYFINDER.com or use the Website. 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 clicking on the link Cancel my Profile in Membership Information Section, or upon receipt by PUPPYFINDER.com of your written or email notice of termination. PUPPYFINDER.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 PUPPYFINDER.com. If PUPPYFINDER.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 this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-13 of this Agreement.
3. 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 PUPPYFINDER.com. PUPPYFINDER.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 PUPPYFINDER.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 PUPPYFINDER.com may review and delete any content, messages, PUPPYFINDER.com messages, photos or profiles (collectively, "Content") that in the sole judgment of PUPPYFINDER.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 PUPPYFINDER.com, you automatically grant, and you represent and warrant that you have the right to grant, to PUPPYFINDER.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. PUPPYFINDER.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:
- 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;
- harasses or advocates harassment of another person;
- 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);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not transmit any chain letters or junk email to other Members. Although PUPPYFINDER.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, PUPPYFINDER.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 PUPPYFINDER.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. PUPPYFINDER.com's Copyright Agent for notice of claims of copyright infringement can be send to: legal@PUPPYFINDER.com
7. Member Disputes. You are solely responsible for your interactions with other PUPPYFINDER.com Members. PUPPYFINDER.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
9. Disclaimers. PUPPYFINDER.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. PUPPYFINDER.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. PUPPYFINDER.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. PUPPYFINDER.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 PUPPYFINDER.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 PUPPYFINDER.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PUPPYFINDER.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 PUPPYFINDER.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 PUPPYFINDER.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PUPPYFINDER.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 PUPPYFINDER.com for the Service during the term of membership.
11. 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, City of Walnut Creek.
12. Indemnity. You agree to indemnify and hold PUPPYFINDER.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.
13. 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 PUPPYFINDER.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.
14. All membership fees are non-refundable in the event that any valid membership is cancelled by PUPPYFINDER.COM for violation of these Terms and Conditions or by Member. If it is determined by PUPPYFINDER.COM, in its reasonable discretion, that the membership was not validly obtained, then PUPPYFINDER.COM will credit the credit card account improperly used for the charges and will invalidate the Membership Account.
15. PUPPYFINDER.COM reserves the right to cancel any Membership for any reason, with or without notice, if it determines, in its sole and absolute discretion that Member has violated any of these Terms and Conditions.
16. Member assumes all risk and accepts all responsibility for any and all use of PUPPYFINDER.COM Membership, for access to any participating websites and for the use of any Materials or content (including programming, code, software, encryption, data or other information technology) obtained from any participating website.
17. PUPPYFINDER.COM Subscription and Listing fees are subject to change at any time at the sole and absolute discretion of PUPPYFINDER.COM
18. TO CANCEL YOUR MEMBERSHIP LOGIN INTO YOUR ACCOUNT, CLICK CANCEL MY PROFILE OR NOTIFY THE COMPANY OF YOUR CANCELLATION BY E-MAIL AT LEAST 5 DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP TERM.
19. Memberships will automatically renew upon the Terms and Conditions effective as of the anniversary date of the renewal period, except that if the Member has been a member for at least one membership period, without termination or cancellation, then Member is entitled to the automatic renewal at the same rate as his/her original membership. If Member does not wish to renew membership for any successive period, then Member must cancel membership by thru his account or notify PUPPYFINDER.COM within five days prior to the anniversary date of the membership. Member authorizes PUPPYFINDER.COM to charge any renewals to the credit card account originally provided.
20. All cancellations received by the Company will be effective upon receipt.
Please contact us with any questions regarding this