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.
- 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.
- 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.
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: email@example.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.
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.