
Terms of Use Agreement
This website may be used only for lawful purposes by individuals and organizations
seeking the products and services offered by Leashes and Lovers, LLC.
Eligibility
Use of this website for the services of Leashes and Lovers, FetchaFriend
and/or for FetchaBiz is only for those who are thirteen (13) years of age and older.
Any registration by, use of or access to the Site by anyone under 13, is unauthorized,
unlicensed and in violation of these Terms of Use. By using the Service or the Site,
you represent and warrant that you are 13 or older; or that you are eighteen (18)
or older for the dating/relationship portion of FetchaFriend; and/or 18 or over
for any purchases made on FetchaBiz; and/or twenty-one (21) or over for registration
of any alcohol involved events; and that you agree to and to abide by all of the
terms and conditions of this Agreement.
Your use of this website or of any content presented in any and all areas of the
website indicates your acknowledgment and agreement to these Terms of Use, our Privacy
Policy and other notices posted on this website. If you do not agree to be bound
by and comply with all of the foregoing, you may not access or use our website.
We suggest you print a copy of each of these documents for your records.
Leashes and Lovers, LLC shall have the right, at its sole discretion, to modify,
add or remove any terms or conditions of these Terms of Use without notice or liability
to you. Any changes to these Terms of Use shall be effective immediately following
the posting of such changes on this website. You agree to review these Terms of
Use from time to time and agree that any subsequent use by you of this website following
changes to these Terms of Use shall constitute your acceptance of all such changes.
1. Term. This Agreement will remain in full force and effect while you use the Websites
and/or are a Member. Subscribers to FetchaFriend and/or FetchaBiz may at any time,
for any or no reason, terminate their profile/subscription membership in these services.
The termination shall be effective upon receipt by LeashesandLovers.com of your
written or email notice of termination. FetchaFriend and/or FetchaBiz profile/subscription
membership fees already paid to Leashes and Lovers, LLC are non-refundable after
termination.
- a. LeashesandLovers.com may terminate your FetchaFriend and/or FetchaBiz profile/subscription
membership for any or no reason, effective immediately. LeashesandLovers.com will
send notice to you at the email address provided in your application for membership,
and/or at such other email address as you may later provide to LeashesandLovers.com.
If an account is dubious, fake, or spam - Leashes and Lovers will not notify of
the termination of the profile. If LeashesandLovers.com terminates your FetchaFriend
and/or FetchaBiz profile/subscription membership because you have breached the Agreement,
you will not be entitled to any refund of unused subscription fees. Even after your
profile/subscription membership is terminated, these Terms of Use will remain in
effect.
- b. Your FetchaFriend and/or FetchaBiz profile/subscription membership will automatically
be renewed on FetchaFriend and/or FetchaBiz. LeashesandLovers.com will send you
such notification of autorenew upon registration. If you wish to cancel, you may
do so from your account profile within 30 days of the automated renewal. After which
time, no refund is due.
- c. LeashesandLovers.com will store your credit card information with your profile
in order to activate the auto-renew function. You must provide LeashesandLovers.com
in writing with new credit information should you wish to change how your auto-renew
takes place. You may also do this from your Update Profile Section.
- d. Pricing for FetchaFriend and/or FetchaBiz are subject to change without notification.
2. Commercial Use by Businesses/Service Members. Your FetchaBiz profile/subscription
membership is to be utilized for customers to contact you. Organizations, companies,
and/or businesses should not use the Service or the Websites for any purpose or
in any manner to contact or solicit customers. Illegal and/or unauthorized uses
of the Websites, 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 Websites will be investigated, and appropriate legal
action will be taken, including the notification of civil authorities.
3. Proprietary Rights in Content on LeashesandLovers.com. a. Leashes and Lovers
, Where Dog Lovers Meet, DogSexpert, FetchaFriend and/or FetchaBiz and any variations
thereof are and shall remain the trade-marks, trade names and exclusive property
of Leashes and Lovers, LLC. Any unauthorized use of these or any related marks are
unlawful. Other trademarks on this website are the property of their respective
owners. All content on this website, including without limitation all programs,
complied binaries, interface layout, interface text, documentation and graphics,
is the copyrighted property of Leashes and Lovers, LLC and is protected by international
copyright law. The content on this website may be used by you only as provided for
by Leashes and Lovers, LLC, and may not be taken out of context or presented in
a misleading or discriminatory manner. Any rights not expressly granted to you are
reserved by us. b. You must retain all copyright, trademarks, service-mark and other
proprietary notices contained in the original Website Content on any copy you make
of the Website Content. You may not sell or modify the Website Content or reproduce,
display, publicly perform, distribute, or otherwise use the Website Content in any
way for any public or commercial purpose. The use of the Website Content on any
other website or in a networked computer environment for any purpose is prohibited.
c. You shall not copy or adapt the HTML, asp.net, vd.net, XML, java script or any
other dynamic code that the Company creates to generate any Website Content or the
pages making up this website. These codes are also protected by the Company's copyrights.
4. Acceptable Site Use. Users may not use this website in order to transmit, distribute,
store or destroy material, including without limitation Website Content (a) in violation
of any applicable law or regulation, (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others, or (c) that is defamatory,
obscene, threatening, abusive or hateful.
5. Site Security Rules. Users are prohibited from violating or attempting to violate
the security of this website, including, without limitation, (a) accessing data
not intended for such user or logging into a server or account which the user is
not authorized to access, (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to any user, host
or network, including, without limitation, via means of submitting a virus to this
website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d)
forging any TCP/IP packet header or any part of the header information in any e-mail
or newsgroup posting. Violations of system or network security may result in civil
or criminal liability. The Company will investigate occurrences which may involve
such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
6. Content Posted on the Site. You are solely responsible for the Content that you
publish or display on the Websites or transmit to other users. Leashes and Lovers,
LLC may review, delete and modify any content, messages, photos or profiles (collectively,
"Content") that in the sole judgment of Leashes and Lovers, LLC violates its Terms
of Use or Privacy Policy or which might be offensive, illegal, or that may violate
the rights, harm, or threaten the safety of Members and/or the general public. By
submitting content to any public or non-public area of this website, including message
boards, forums, contests and chat rooms, you grant the Company and its affiliates
the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers),
non-exclusive right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, communicate
to the public, perform and display the content (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media, or technology now known or
later developed, for the full term of any rights that may exist in such content.
You also warrant that the holder of any rights, including moral rights in such content,
has completely and effectively waived all such rights and validly and irrevocably
granted to you the right to grant the license stated above. You also permit any
subscriber to access, display, view, store and reproduce such content for personal
use. Subject to the foregoing, the owner of such content placed on the Website retains
any and all rights that may exist in such content. Content may not be posted on
the Websites that:
- a. is offensive to the online community, such as Content that promotes, bigotry,
hatred or physical harm of any kind against any group or individual;
- b. is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing
to any person or organization;
- c. involves the transmission of "junk mail", "chain letters," or unsolicited mass
mailing or "spamming." In order to protect our Members from such advertising or
solicitation, Leashes and Lovers, LLC reserves the right to restrict the number
of emails which a subscriber may send to other subscriber in any 24-hour period
to a number which Leashes and Lovers, LLC deems appropriate in its sole discretion.
- d. contains information that you know is false, misleading, or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- e. contains 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;
- f. contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
- g. contains material that exploits people under the age of 18 in a sexual or violent
manner, or solicits personal information from anyone under 18;
- h. contains instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
- i. contains any telephone numbers, street addresses, last names, URLs or email addresses.
- j. contains material that is copyrighted, unless you are the copyright owner or
have the permission of the copyright owner to post it, or that infringes on any
other intellectual property rights of others or on the privacy or publicity rights
of others.
- k. contains material that reveals trade secrets, unless you own them or have the
permission of the owner.
- l. contains nudity, violence, sexually explicit images or statements, or offensive
subject matter.
- m. involves commercial activities and/or sales such as contests, sweepstakes, barter,
advertising, or pyramid schemes.
- n. includes photographs of or information about another person that you have posted
without that person's consent.
- o. sends unsolicited mail or e-mail, making unsolicited phone calls or sends unsolicited
faxes regarding promotions and/or advertising of products or services to a user
of this website.
- p. deletes or revises any material posted by any other person or entity.
- q. uses any device, software or routine to interfere or attempt to interfere with
the proper working of this website or any activity being conducted on this site.
- r. take any action which imposes an unreasonable or disproportionately large load
on this website's infrastructure.
- s. uses or attempts to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search this website other than the search engine and search
agents available from the Company and other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- t. attempts to decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of this website.
- u. aggregates, copies or duplicates in any manner any of the Website Content or
information available from this website.
- v. contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines or engines that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or information.
- w. solicits passwords or personal identifying information for commercial or unlawful
purposes from other users.
- x. collects 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 Websites.
7. User Information. If you register for the Website, you will be asked to provide
the Company with certain information including, without limitation, a valid email
address (your "Information"). In addition to the terms and conditions that may be
set forth in any privacy policy on this Website, you understand and agree that the
Company may disclose to third parties, on an anonymous basis, certain aggregate
information contained in your registration application. The Company will not disclose
to any third party your name, address, e-mail address or telephone number without
your prior consent, except to the extent necessary or appropriate to comply with
applicable laws or in legal proceedings where such information is relevant. The
Company reserves the right to offer third party services and products to you based
on the preferences that you identify in your registration and at any time thereafter;
such offers may be made by the Company or by third parties. Please see the Company's
Privacy Policy for further details regarding your Information.
8. User Submissions. The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of communications posted by users nor endorses any opinions
expressed by users. You acknowledge that any reliance on material posted by other
users will be at your own risk. The Company acts as a passive conduit for the online
distribution and publication of user-submitted information and has no obligation
to screen communications or information in advance and is not responsible for screening
or monitoring material posted by users. If notified by a user of communications
which allegedly do not conform to these Terms and Conditions, the Company may investigate
the allegation and determine in good faith and its sole discretion whether to remove
or request the removal of the communication. The Company has no liability or responsibility
to users for performance or nonperformance of such activities. The Company reserves
the right to expel users and prevent their further access to the Website for violating
the Terms and Conditions or the law and the right to remove communications which
are abusive, illegal, or disruptive. The Company may take any action with respect
to user-submitted information that it deems necessary or appropriate in its sole
discretion if it believes it may create liability for the Company or may cause the
Company to lose (in whole or in part) the services of its ISPs or other suppliers.
We appreciate hearing from our customers and welcome your comments regarding our
services and the Website. Please be advised, however, that our policy does not permit
us to accept or consider creative ideas, suggestions, inventions or materials other
than those which we have specifically requested. While we do value your feedback
on our services, please be specific in your comments regarding our services and
do not submit creative ideas, inventions, suggestions, or materials. If despite
our request, you send us creative suggestions, ideas, drawings, concepts, inventions,
or other information (collectively the "Submission"), the Submission shall be the
property of the Company. None of the Submission shall be subject to any obligation
of confidence on our part and we shall not be liable for any use or disclosure of
any Submission. The Company shall own exclusively all now known or later discovered
rights to the Submission and shall be entitled to unrestricted use of the Submission
for any purpose whatsoever, commercial or otherwise, without compensation to You
or any other person who submitted the Submission.
9. Registrations and Password. You are responsible for maintaining the confidentiality
of your information and password. You shall be responsible for all uses of your
registration, whether or not authorized by you. You agree to immediately notify
the Company of any unauthorized use of your registration or password. You agree
not to disclose or share your password with any third parties or using your password
for any unauthorized purpose.
10. Identification Of Agent To Receive Notification And Elements Of Notification
Of Claimed Copyright Infringement. If you believe that your copyrighted work has
been uploaded, posted or copied to this Website and is accessible on this Website
in a way that constitutes copyright infringement, please notify us by providing
our designated copyright agent with the following information:
- 1. The physical or electronic signature of either the copyright owner or of a person
authorized to act on the owner's behalf;
- 2. A description of the copyrighted work you claim has been infringed, and a description
of the activity that you claim to be infringing;
- 3. Identification of the URL or other specific location on this website where the
material or activity You claim to be infringing is located or is occurring; you
must include enough information to allow us to locate the material or the activity;
- 4. Your name, address, telephone number and, if you have one, your e-mail address;
- 5. A statement by you that You have a good faith belief that use on the website
of the copyrighted work in the manner you are complaining of is not authorized by
the copyright owner, any agent of the copyright owner, or the law; and
- 6. A statement by you, made under penalty of perjury, that the information you have
provided in your notice is accurate and that you are either the copyright owner
or are authorized to act on behalf of the copyright owner. We have designated Laurence
Singer as our agent to receive notices of claims of copyright infringement on our
website. You can contact him as follows: Mail: 46-60 156th
Street, Flushing, NY 11355 Telephone: 646 327-8772 Email: ls@laurencesinger.com
11. Policy Regarding Termination of Users and Account Holders Who Repeatedly Infringe
The Copyright Or Other Intellectual Property Rights Of Others. Leashes and Lovers,
LLC and LeashesandLovers.com respect the intellectual property of others, and we
ask our users, account holders and content partners to do the same. The unauthorized
reproduction, copying, distribution, modification, public display or public performance
of copyrighted works constitutes infringement of the copyright owners rights. As
a condition to your use of this Website, you agree not to use the Website to infringe
the intellectual property rights of others in any way. We will terminate the accounts
of any account holders, and block access to our Website of any users who are repeat
infringers of the copyrights or other intellectual property rights of others. We
reserve the right to take these actions at any time, in our sole discretion, with
or without notice, and without any liability to the account holder who is terminated
or to the user whose access is blocked.
12. The Company's Liability. LeashesandLovers.com acts as a venue for social and
business networking services and the provision of information and does not screen
or censor the listings offered. The Company is not involved in the actual transaction
between subscribers. As a result, the Company has no control over the quality and
safety or legality of postings. In addition, note that there are risks, including
but not limited to the risk of physical harm, of dealing with strangers, foreign
nationals, underage persons or people acting under false pretenses. You assume all
risks associated with dealing with other users with whom you come in contact through
Leashes and Lovers, LLC and Leashes and Lovers websites. Because user authentication
on the Internet is difficult, the Company cannot and does not confirm that each
user is who they claim to be. Because we do not and cannot be involved in user-to-user
dealings or control the behavior of participants on this website, in the event that
you have a dispute with one or more users, you release the Company (and our agents
and employees) from claims, demands and damages (actual and consequential, direct
and indirect) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such disputes.
If You are a California resident, you waive California Civil Code d1542, which says:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor." We are under
no legal obligation to, and generally do not, control the information provided by
other users which is made available through the Website and/or the other Leashes
and Lovers, LLC Sites. By its very nature, other people's information may be offensive,
harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.
We expect that you will use caution and common sense when using this Website. The
Website Content may contain inaccuracies or typographical errors. The Company makes
no representations about the accuracy, reliability, completeness, or timeliness
of this website or the Website Content. The use of the Leashes and Lovers Website
and the Website Content is at your own risk. Changes are periodically made to the
Website and may be made at any time. You acknowledge and agree that you are solely
responsible for the form, content and accuracy of material placed by you on this
website.
13. Disclaimer of Warranties THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL
OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE OR THE WEBSITE CONTENT
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS
NOT RESPONSIBLE FOR THOSE COSTS. THE LEASHES AND LOVERS, LLC SITES AND WEBSITE CONTENT
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS,
AND LINKS.
14.Disclaimer of Consequential Damages IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
15. Links to Other Sites. Links or pointers to other websites and references to
products and services offered by third parties are provided to you for convenience
only and do not constitute an endorsement or approval by Leashes and Lovers, LLC
or LeashesandLovers.com of (i) the organizations that operate such websites; (ii)
the content, privacy policies or other terms of use on such websites; or (iii) such
third party products and services. As we have no control or responsibility over
websites or content maintained by other organizations, or for products and services
offered by third parties, we do not assume any liability for your use of any of
the foregoing, which use you acknowledge and agree shall be at your own risk.
16. No Resale or Unauthorized Commercial Use. You agree not to resell or assign
your rights or obligations under these Terms of Use. You also agree not to make
any unauthorized commercial use of this website.
17. LIMITATION OF LIABILITY LEASHES AND LOVERS, LLC'S MAXIMUM LIABILITY ARISING
OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS
OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE),
WILL NOT EXCEED $100.
18. Termination. The Company reserves the right, at its sole discretion, to pursue
all of its legal remedies, including but not limited to deletion of your postings
from this Website and immediate termination of your registration with or ability
to access this Website and/or any other service provided to you by the Company,
upon any breach by you of these Terms and Conditions or if the Company is unable
to verify or authenticate any information you submit to the Website.
19. Indemnity. You agree to defend, indemnify, and hold harmless the Company, its
officers, directors, employees and agents, from and against any claims, actions
or demands, including without limitation reasonable legal and accounting fees, alleging
or resulting from (i) any material you provide to a Leashes and Lovers, LLC Site,
(ii) any Website Content that you use or (iii) your breach of the terms of these
Terms and Conditions. The Company shall provide notice to you promptly of any such
claim, suit, or proceeding and shall assist you, at your expense, in defending any
such claim, suit or proceeding. We reserve the right to assume the exclusive defense
and control of any matter subject to indemnification by you, which shall not excuse
your indemnity obligations.
20. Member Disputes. You are solely responsible for your interactions with other
LeashesandLovers.com Members. LeashesandLovers.com, Inc. reserves the right, but
has no obligation to monitor disputes between you and other Members and/or Businesses/Services
Members.
21. Additional Terms of Use. The Company makes no claims that the Website Content
may be lawfully viewed or accessed outside of the United States. Access to the Website
Content may not be legal by certain persons or in certain countries. If you access
the Website from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
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