Terms of Use
TERMS OF USE (Informativo)
This Terms of Use agreement sets forth the terms and conditions for using the Pets In Touch website which includes the websites at www.petsintouch.com, www.mascotasencontacto.com, and other Pets In Touch websites which are property of the company. By using Pets In Touch websites, you accept and agree to be bound by the following terms and conditions (the "Terms of Use"). Nothing in these Terms of Use should be construed to confer any rights to third party beneficiaries. This Terms of Use agreement constitutes a legally binding agreement between you and Pets In Touch. Please read this agreement carefully before using any of the Pets In Touch websites, registering for any services offered by Pets In Touch, making any purchases, or activating any account with Pets In Touch. We reserve the right to modify or terminate the Pets In Touch use for any reason, and without notice, without liability to you, any other member or any third party. We also reserve the right to modify these Terms of Use without notice and is your responsibility to regularly reviewing these Terms of Use so that you will be apprised of any changes.
Your use of the Pets In Touch websites signifies your agreement to these Terms of Use. Likewise, your continued use of any of the Pets In Touch websites after revisions have been posted indicates your acceptance of such revisions.
PRIVACY
Your use of the Pets In Touch websites is governed by the Pets In Touch Privacy Policy, which is incorporated by reference. You agree to Pets In Touch’s collection, use and sharing of your information as set forth in the Privacy Policy.
CHILDREN
Although children under 13 may view the Pets In Touch websites, we do not permit children under 13 to register for services such as our discussion forums and Clubs without express written consent from their parent or guardian, also known as a COPPA release form. We encourage parents or guardians to supervise Internet activity of all children under 18.
USER RESPONSIBILITIES
It is solely your responsibility to keep your account information and password secure. Do not disclose your account information, including password to anyone that you have not authorized to use your account. You assume all liability from the use of the Pets In Touch websites from any users that use your account. You agree to notify Pets In Touch immediately of any unauthorized account use or security breach. Pets In Touch disclaims all liability arising from your failure to keep your account information and password secure.
USER CONDUCT
The Pets In Touch websites offer a number of discussion forums, which include chat areas, message boards and/or e-mail functions. Prior to participation, we require users to register and provide a username, password and e-mail address. Because of the public nature of the forums, we recommend that you exercise discretion in the type of information you decide to post in our discussion forums. We have no control over the privacy practices of any forum user. Likewise, we have no control over the content posted by the users of the forums and cannot ensure that the content will not be objectionable or offensive. Objections to content can be made to help@petsintouch.com. Although we have no obligation to monitor content, we reserve the right to delete or edit content from any of the discussion forums at any time for any reason.
International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content ("materials") that you submit, post, and display on the Pets In Touch websites.
By participating in the discussion forums, you agree that you will not post any content that:
1. Is vulgar, obscene, profane, sexually oriented, harassing, hateful, threatening, abusive, slanderous, defamatory or invades the privacy of any third party;
2. Is offensive on the basis of race, ethnicity, gender, age, disability, sexual orientation or religion;
3. Violates any rights of any third party, including patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary rights, or any laws;
4. Does not relate to the subject matter of the discussion forum for which you have registered;
5. Contains any viruses, worms or other components intended to provide unauthorized access to third party data or disrupt or damage the functioning of computer hardware, software or telecommunications equipment;
6. Constitutes spam, unsolicited advertising, chain letters or any form of gambling or lottery;
7. Is commercial in nature including, but not limited to any advertising content.
By posting content to any of the discussion forums, you automatically assign to Pets In Touch all right, title and interest in and to such content and grant Pets In Touch the right to use your name or identifying information in connection with such posted content. Although Pets In Touch has no obligation to monitor content, Pets In Touch reserves the right to delete or edit content that you may have submitted at any time for any reason. While Pets In Touch prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such materials and that you use the Pets In Touch service at your own risk.
PROPRIETARY RIGHTS
Pets In Touch owns all right, title and interest in and to the material appearing on the Pets In Touch websites, including, without limitation, all marks, graphics, images, layouts, presentation, page headers, button icons, typefaces, trade names, trade dress, logos, content, website design, data compilations, and text, which are protected by copyright, trademark, trade dress and other intellectual property laws. Any use of Pets In Touch’s trademarks, trade dress or copyrighted materials without our express permission is strictly forbidden.
PERMITTED USE
Your accessing and viewing of the Pets In Touch websites is only for your personal, non-commercial use.
DISCLAIMER
THE PETS IN TOUCH WEBSITES AND RELATED SERVICES ARE PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY. WE DISCLAIM ALL WARRANTIES AS TO THE OPERATION OF THE PETS IN TOUCH WEBSITES, THE CONTENT, INFORMATION MADE AVAILABLE THROUGH SUCH SITES, AND GOOD OR SERVICES PURCHASED THROUGH SUCH SITES. TO THE EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULR PURPOSE TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PETS IN TOUCH DOES NOT WARRANT THAT USE OF THE PETS IN TOUCH WEBSITES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PETS IN TOUCH WEBSITES IS SOLELY AT YOUR RISK.
THIRD-PARTY WEBSITES LINKED TO OR FROM THE PETS IN TOUCH WEBSITES ARE NOT CONTROLLED BY PETS IN TOUCH. PETS IN TOUCH EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT ON THIRD-PARTY WEBSITES. YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST PETS IN TOUCH REGARDING SUCH THIRD-PARTY WEBSITES AND CONTENT.
LIMITATION OF LIABILITY
PETS IN TOUCH SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE PETS IN TOUCH WEBSITES OR SERVICES AVAILABLE IN CONNECTION THEREWITH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU IN CONNECTION WITH USE OF THE PETS IN TOUCH WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PETS IN TOUCH WEBSITES.
INDEMNIFICATION
You agree to indemnify and hold Pets In Touch and its subsidiaries, affiliates, partners, directors, officers, employees, agents and representatives harmless from and against any claim or demand, including attorney fees and costs, made by any third party arising out of your use of the Pets In Touch websites, and content you may have posted, any violation of any third party rights, any violation of the Terms of Use, or any violation of any other law.
GENERAL
These Terms of Use and the relationship between you and Pets In Touch shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Any action relating to these Terms of Use will be brought exclusively in the federal or state courts located in Miami, Florida, and you consent to the personal jurisdiction of such courts. No failure or delay by Pets In Touch in exercising any right under these Terms of Use will operate as a waiver thereof. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Pets In Touch websites or these Terms of Use must be filed within one year after such claim or cause of action arose or be permanently barred. The section titles in these Terms of Use are for the convenience of the parties only and have no legal or contractual effect. These Terms of Use, including the Privacy Policy and the Forum Agreement incorporated herein by reference, represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. You shall not assign your rights or obligations hereunder without Pets In Touch’s prior written consent.
CLAIMS OF INFRINGEMENT OF COPYRIGHT MATERIAL
Pets In Touch respects the intellectual property rights of others and we expect our users to do the same. If you believe that material posted on the Pets In Touch websites infringes your copyright, please provide a written notification containing all of the following to our Copyright Agent:
1. A physical or electronic signature of the owner of the allegedly infringed copyright (or such person’s authorized representative).
2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at issue, a list of such works.
3. A description of the material on the Pets In Touch Websites (including the precise websites addresses on which the allegedly infringing material appears) that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit us to locate the material.
4. Contact information for the complaining party, including address, telephone number, and, if available, an e-mail address.
5. A statement that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Pets In Touch does not guarantee that any complained-of content will be deleted or modified. Pets In Touch’s Copyright Agent for notice of claims of copyright infringement is:
Content Manager
Pets In Touch, LLC
2540 SW 28TH Street
Miami, FL 33133
TERMINATION
These Terms of Use are effective until terminated by either party. Pets In Touch may, in its sole discretion, without notice to you, suspend or terminate your use of the Pets In Touch Websites or terminate any account or registration for any discussion forum. You may terminate these Terms of Use at any time, by discontinuing use of the Pets In Touch websites. However, you are still liable for any violations of the Terms of Use prior to any termination. Pets In Touch shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of access or use of the Pets In Touch websites.
