PLENTYOFPETZ TERMS OF USE AGREEMENT
DEFINITIONS
“You” refers to the user of this website and its related services, and as such you have gained the right to use this website by respecting the applicable Terms of Use described in detail below.
PlentyOfPetZ is the exclusive owner and operator of PlentyOfPetZ.com, PlentyOfPetZ.com and pofpz.com (the “Website”).
As used in this Terms of Use Agreement, “we” and “us” mean PlentyOfPetZ or any successor, Subsidiary, Division or assign of PlentyOfPetZ.
“Service(s)” refers to your use of the Website for any purpose whatsoever.
OVERVIEW
This Terms of Use Agreement (the “Agreement”) sets forth the terms and conditions that apply to your use of the Website and all services offered by PlentyOfPetZ. By completing the registration process you are indicating that you agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for your records.
We reserve the right to change or modify the terms and conditions applicable to your registration at any time. Such changes will become effective upon notification, which we may effect by sending you notice by email and posting a revised Agreement on this website, which you can access at any time using the Terms of Use link. Your continued use of our service after notification of such a change has been sent shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions. You agree to review this Agreement periodically to be aware of any such revisions.
USER AGREEMENT
This Agreement constitutes your agreement with PlentyOfPetZ with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service.
RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability and for any reason.
CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
- You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.
- You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
- You will not forward chain letters through the Service.
- You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
- You will not post messages, pictures or recordings or use the Service in any way that;
- violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
- is fraudulent or otherwise unlawful or violates any law.
- You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, PlentyOfPetZ, its systems, or any other members’ systems in any way.
- You will not post or transmit in any manner any contact information including but not limited to email addresses, contact information, telephone numbers, postal addresses, URLs, and full names through publicly posted information on the Website and through its Services.
- You will not cause the Service to be accessed through any automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.
- You will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content.
MONITORING OF INFORMATION
We may use third-party advertising companies, such as Yahoo!, Google, and Microsoft, to serve ads when you visit our website. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, see www.aboutads.info/choices.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit www.networkadvertising.org.
For third party advertising cookie opt out please visit www.networkadvertising.org/managing/opt_out.asp.
REMOVAL OF INFORMATION
We do not and cannot review all profiles, public postings, emails or other materials posted or sent by users of the Service. We are not responsible for any of the content of these profiles, public postings, emails or other materials. We reserve the right, but are not obligated to, delete, move or edit profiles, public postings, emails and other materials that we, in our sole discretion, deem to be in violation of the Code of Conduct as set out above or any other applicable content guidelines or deem to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, emails and other materials you may upload to the Service.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
PROPRIETARY INFORMATION
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
NO RESPONSIBILITY
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
SECURITY
Your account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-party.
INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT PLENTYOFPETZ CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. PLENTYOFPETZ ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. PLENTYOFPETZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. PLENTYOFPETZ RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS.
IN NO EVENT SHALL PLENTYOFPETZ BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT PLENTYOFPETZ MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE BREEDING OF YOUR ANIMAL WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
EXTERNAL LINKS
The Service may contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for and have no liability as a result of the availability of External Links or their contents. We suggest that you review the terms of use and privacy statements of such External Links prior to using them.
Cancellation of Services
You can cancel at any time with no notice to us.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material or content distributed by PLENTYOFPETZ constitutes copyright infringement, please provide us 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 our 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You understand and agree that you use PlentyOfPetZ.com and its related services at your own risk. PlentyOfPetZ services are provided on an “as is” basis without representations or warranties of any kind, whether express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law.
You hereby acknowledge and agree that under no circumstances will PlentyOfPetZ, its officers, directors, employees, agents and third party content providers or licensors be liable to you or any third party for any loss whatsoever caused by your use or reliance on information obtained through the content distributed by PlentyOfPetZ as well as any direct, indirect, incidental, special, punitive or consequential damages or injury arising out of the use or inability to use the PlentyOfPetZ service or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the PlentyOfPetZ.com & pofpz.com, no matter whether such claims are based in contract, tort, negligence, strict liability or any other cause of action, and regardless of whether PlentyOfPetZ has been advised of the possibility of such damages.
Some jurisdictions limit the availability of such limitation of liability, in which case the provisions of this section may not apply to you. Notwithstanding the foregoing, in no event shall our liability exceed the sum of $100.00 U.S. dollars.
PlentyOfPetZ provides on-line breeding services and tools to individuals. PlentyOfPetZ does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse any information contained on plentyofpetz.com, and pofpz.com. Due to the number of sources from which content distributed by PlentyOfPetZ is obtained, there may be delays, omissions or inaccuracies in such content. You acknowledge that any use of the service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the service by PlentyOfPetZ, our partners or any user of the service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. Your continued use of the service now, or following the posting of notice of any changes in this agreement, will constitute a binding acceptance by you of this agreement, or any subsequent modifications
INDEMNITY
You hereby agree to indemnify, defend and hold harmless PlentyOfPetZ and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. PlentyOfPetZ reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
PLENTYOFPETZ PRIVACY POLICY
This privacy policy sets out how PlentyOfPetZ uses and protects any information that you give us when you use this website. PlentyOfPetZ is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. PlentyOfPetZ may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. The term ‘COMPANY’ or ‘us’ or ‘we’ refers to the owner of the website whose registered name is PlentyOfPetZ.com. The term ‘you’ refers to the user or viewer of our website. This policy is effective from April, 2012.
What we collect
We may collect the following information:
■ name/company name
■ contact information including email address
■ demographic information such as postcode, preferences and interests
■ other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
■ internal record keeping.
■ we may use the information to improve our products and services.
■ we may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
■ From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
■ Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
■ If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to us.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact us. If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
All references to “Website” in this Policy refer to our websites located at www. PlentyOfPetZ.com
Express Consent
Sometimes you will be asked to give your express consent to our collection, use or disclosure of personal information – for example, by being asked to check a box to indicate your consent to receive marketing communications.
Implied Consent
Other times, you may provide your implied consent to our collection, use or disclosure of personal information when we can reasonably conclude that you have given consent by some action you have taken or an action you have decided not to take. Generally, this occurs where the purpose for the use of your personal information would be reasonably apparent to you – for example, when you provide us with personal information through forms to populate your online dating profile, you provide us with implied consent to publish that information for other users of the Website to view.
Withdrawing Your Consent
You may notify us at any time that you wish to withdraw or change your consent to our use and disclosure or your information. We will accommodate your request subject to legal and contractual restrictions.
Follow-Up and Surveys
From time to time, we may send you a follow-up letter to thank you for your use of the Website, or we may contact you to ensure that you are completely satisfied.
We may use contact information collected online to conduct occasional surveys and other customer research. These surveys are entirely voluntary and you may easily decline to participate.
Our Website
Our Website can be browsed anonymously. However, to engage in certain special features or functions of our Website, you may be asked to provide certain personal information, such as your email address or demographic information. We use this information to create your account, contact and correspond with you about your account, respond to your inquiries, and monitor functions of our Website that you choose to use.
When using our Website, we may collect the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access our Website, the Internet address of the Website from which you linked directly to our Website, the operating system you are using, the internet browser you are using, the sections of the Website you visit, the Website pages read and images viewed, and the content you download from the Website. This information is used for Website and system administration purposes and to improve the Website.
Advertising Campaigns
To supplement our website, we rely on advertisers who wish to serve advertisements to some or all of our users (“Campaigns”) to generate revenue. We never share your personal information with our advertisers for their Campaigns. However, we will use elements of your personal information to create a list of users that advertisers may want to direct their Campaigns to. Advertisers may decide to serve advertisements to all of our users (“General Campaigns”), or to send messages to specific segments of our user base (“Direct Campaigns”) based on particular personal characteristics (for example, breed or geographic location). In the case of Direct Campaigns, we may use different elements of your personal preferences to develop and display advertising content tailored to your preferences.
Customer Support Centre
We operate an electronic customer support center to accept and address your questions, concerns, or complaints. When you contact our customer support center, we may ask for personal information to help us respond to your inquiry or to verify your identity. For example if you need to make a change to your account, we will ask for personal information to verify that you are the account holder. We may also monitor or record your online or telephone discussions with our customer support representatives for training purposes and to ensure service quality.
Website Tracking Information
We may use web beacons or pixel tags to compile tracking information reports regarding Website user demographics, Website traffic patterns, and Website purchases. We may then provide these reports to advertisers and others. None of the tracking information in these reports can be connected to the identities or other personal information of individual users. For our own research purposes we may link tracking information with personal information voluntarily provided by Website users. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy.
SUPPLEMENTING INFORMATION
From time to time we may supplement information you give us with information from other sources, such as information validating your address or other available information you have provided us. This is to help us maintain the accuracy of the information we collect and to help us provide better service.
DISCLOSURE AND SHARING OF YOUR INFORMATION
We do not sell or license your personal information to any other party. However, in the normal course of business we may share some of your personal information with our affiliates and with third parties acting on our behalf or as permitted or required by Applicable Privacy Laws.
Service Providers
We may use third party service providers (for example, web hosting providers, data management providers and/or payment processers) to manage one of more aspects of our business operations, including the processing or handing of personal information. When we do use an outside company, we use contractual or other appropriate means to ensure that your personal information is used in a manner that is consistent with this Policy.
To provide increased availability of the Website, some of these operations may result in personal information collected by PlentyOfPetZ being stored outside the US and, as a result, such personal information stored outside of the US may be accessible to law enforcement and regulatory authorities in accordance with applicable laws of countries outside the US.
Information Shared Amongst Our Affiliates, Subsidiaries and Divisions
We may share personal information gathered on our Website with and amongst our corporate subsidiaries, affiliates or divisions for internal business purposes in accordance with this Policy. If we do, we will ensure that your information continues to be used only in accordance with this Policy and your expressed choices.
Legal Disclosure
We may disclose your information as permitted or required by law. For example, we may be compelled to release information by a court of law or other person or entity with jurisdiction to compel production of such information. If we have reasonable grounds to believe information could be useful in the investigation of improper or unlawful activity, we may disclose information to law enforcement agencies or other appropriate investigative bodies.
SECURITY OF PERSONAL INFORMATION
The security of your personal information is a high priority for us. We maintain appropriate safeguards and current security standards to protect your personal information, whether recorded on paper or captured electronically, against unauthorized access, disclosure, or misuse. For example, electronic records are stored in secure, limited-access servers; we employ technological tools like firewalls and passwords; and we ensure our employees are trained on the importance of maintaining the security and confidentiality of personal information. Reasonably secure methods are used whenever we destroy personal information.
REQUESTS FOR ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
Applicable Privacy Laws allows any individual the right to access and/or request the correction of errors or omissions in his or her personal information that is in our custody or under our control. Our Privacy Officer will assist the individual with the access request. This includes:
- identification of personal information under our custody or control; and
- information about how personal information under our control may be or has been used by us.
We will respond to requests within the time allowed by Applicable Privacy Laws and will make every effort to respond as accurately and completely as possible. Any corrections made to personal information will be promptly sent to any organization it was disclosed to.
In certain exceptional circumstances, we may not be able to provide access to certain personal information it holds about an individual. For security purposes, not all personal information is accessible and amendable by the Privacy Officer. If access or corrections cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.
REMOVAL OF YOUR INFORMATION
We keep your information only as long as we need it for legitimate business purposes and to meet any legal requirements. Personal information used to make a decision that directly affects an individual will be kept for at least one year after such a decision. We have retention standards that meet these parameters.