1.0 Agreement and General Terms of Service
1.1 This Terms of Service Agreement constitutes the agreement between PAWPRINTSHEART.COM ("Paw Prints on My Heart" or "PPH" or "Site") and you as a user who accesses or establishes a connection ("user," "you," or "your") to the world wide web site known as PAWPRINTSHEART.COM ("Paw Prints on My Heart" or "PPH" or "Site").
1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Site and your use of the Site constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of this Agreement.
1.3 PPH reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. PPH will notify users of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Site after notice of changes to this Agreement will be deemed your acceptance of the changes.
1.4 PPH reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site.
1.5 If you do not agree with any of the provisions of this AGREEMENT or are not satisfied with this site or its content, your SOLE and EXCLUSIVE REMEDY is to discontinue use of this site.
2.0 User Activities and Information on the Site
2.1 Your use of the Site and any content, material, or information provided by or through this Site is solely for lawful, non-commercial purposes. You shall not upload to, distribute to, or otherwise disseminate through the Site or download and use any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
2.2 You warrant that any material or information that you make available through or to the Site, including, but not limited to, for example, internet links, postings to chat areas and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.
2.3 By making any material or information available through or to the Site, you automatically grant to PPH a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through or to the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal use.
2.4 PPH has no obligation to, and does not and cannot, review every item of material or information made available through or to the Site. PPH can not and will not be responsible for any content of this material or information. However, PPH reserves the right to delete, move, or edit any material or information that it deems inconsistent, at its sole discretion, with the theme and purpose of PPH, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, PPH reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
2.5 PPH reserves the right to permanently block, at any time and at its sole discretion, any user who has uploaded any material that it deems inconsistent, at its sole discretion, with the theme and purpose of PPH, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Said block will be made without any further communication with the user. Additionally, if any material uploaded is found to violate any law, PPH retains the right to report said user to the appropriate law enforcement authorities.
2.6 PPH reserves the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal your identity.
3.0 Rights in Site Content and the Site
3.1 All content provided by PPH on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by PPH. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by PPH. All other trademarks appearing on the Site are the property of their respective owners.
3.2 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of PPH. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.
4.0 Disclaimer of Warranties & Limitation of Liability
4.1 You expressly agree that your use of the SITE is AT YOUR SOLE RISK. Neither PPH nor any of its owners, affiliates, employees, agents, third party content providers or licensors warrant that the SITE will be uninterrupted or error free. Nor do they make any warranty as to the results that may be obtained from the use of the site, or the accuracy, reliability, completeness or contents of any content provided on or through the SITE. any merchandise or services provided through the site or any links to other sites made available through PPH.
4.2 The site and all content, material, and any other unspecified items found on PPH are provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose.
4.3 Under NO CIRCUMSTANCES, including, by not limited to negligence, shall PPH or any of its parent or subsidiary organizations, affiliates, owners, employees, agents, third party content providers, licensors, and/or their respective directors, officers employees or agents, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, posting or any other unspecified items as may be developed and incorporated into the site or the SITE itself. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know or, in fact, knew of the possibility of such damages. You specifically acknowledge and agree that neither PPH or any of its parent or subsidiaries, affiliates, owners, employees, agents, third party content providers or licensors, are not liable for any defamatory, offensive or illegal conduct of any user, including you.
You agree to defend, indemnify and hold harmless PPH, its parent or subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective owners, directors, officers, employees, and agents from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this Agreement. PPH reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
6.0 Fees and Payments
PPH reserves the right, in its sole discretion, at any time to charge fees for access to and use of the Site, or any portions of the Site. If PPH elects to charge fees, it will post notice on the Site of all provisions pertaining to fees and payments.
7.0 Notices between Us
You will contact us by submitting your message via Site's Contact Form. We will contact you by sending electronic mail to the address you provide to us.
8.1 PPH may terminate this Agreement and block your use of the Site at anytime. PPH shall have the right immediately to terminate your use of the Site in the event of any conduct by you which PPH, at its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
8.2 PPH shall have the right immediately to terminate any links or other external relationships, in the event that of content or conduct which PPH, at its sole discretion, considers to be inappropriate, unacceptable, or not aligned with the mission of PPH.
9.0 Law Governing Performance and Disputes
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of North Carolina, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of North Carolina and the United States District Court for the Eastern District of North Carolina in any and all actions, disputes, or controversies relating to this Agreement.
10.0 General Terms
This Agreement and any posted rules on the Site established by PPH constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either PPH or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of PPH and its successors, trustees, and permitted assigns. PPH may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you.
Last Updated on Tuesday, 13 September 2011 20:53