Terms of Use
Thank you
for your interest in
ILovedMyPet.com.
Before using our website, you must read and agree to the Terms of Use as described below.
Please read this page in its entirety as it explains your rights
and responsibilities.
You must agree, without
modification, to accept the following terms of use ("Agreement") between you and
PartingWishes Inc.. The Agreement, as amended from time to time, explains the
contractual agreement between you (the "Member") and PartingWishes Inc. ("us",
"we" or "PartingWishes Inc.") regarding your use of our website (the "Website"
or "ILovedMyPet.com Website"), the information on the Website (the
"Content"), our facilitation of your activities and transactions conducted
through the Website (the "Services"), and the product of those activities (the
"Documents"). Your use of the ILovedMyPet.com Website constitutes a full and
complete acceptance of the terms of this Agreement.
The Agreement contains the following sections:
-
Subsequent Revisions to Agreement
-
Use of the ILovedMyPet.com Website
-
Termination
-
Your Use of the ILovedMyPet.com Website is at your own
risk
-
Disclaimer of Liability
-
Website Content
-
Disclosure of Information
-
Information Volunteered to PartingWishes Inc.
-
Third Party Links
-
Printed Agreement
-
Entire Agreement
-
Acknowledgement
I. Subsequent Revisions to Agreement
These terms of use are
effective November 27, 2007, and all previous terms of use are cancelled. It is
a condition of membership that members agree to these terms and conditions.
PartingWishes Inc. may periodically revise the terms of this Agreement by
updating this page. You agree to be bound by subsequent revisions to this
Agreement. Accordingly, you should periodically visit this page to review the
current terms of use. A link to this page is available on the home page of the
ILovedMyPet.com Website.
II. Use of the ILovedMyPet.com Website
PartingWishes Inc, its affiliates and agents
make this Website and all other websites of PartingWishes Inc with links to the
Terms of Use (collectively, the "Site"), and the Materials and Services,
available for your access and use subject to the Terms of Use. "Materials" means
all information, data, documents, communications, downloads, files, text,
images, photographs, graphics, videos, webcasts, publications, content, tools,
resources, software, code, programs and products made available or enabled via
the Site by PartingWishes Inc or users of this Site. "Services" means all
services and resources offered or enabled via the Site by PartingWishes Inc and
users of this Site, including download areas, product and other information
services.
You agree to use the Services only to access,
download, utilize, post, send or receive Materials in an appropriate manner as
related to the particular Materials or Services being accessed or used by you.
As some examples of improper activities when accessing or using the Site,
Services or Materials, you agree that you shall not:
- Collect, harvest, mine or engage in any
other activity to obtain e-mail addresses, phone numbers, personal
information or any other information about others.
- Use or attempt to gain access to or use another's account, password,
Service, Materials or computer systems or networks connected to any
ILovedMyPet.com server or to the Site without authorization from
PartingWishes Inc, whether through hacking, password mining or any other
means.
- Remove or falsely add to any uploaded Materials any copyright, trademark
or other legal or proprietary rights notices, author attributions or other
information such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to
access or Materials through any means not intentionally made available
through the Site or Services.
- Make available any files containing Materials where you do not own or
control, or have not received the necessary licenses to, all Intellectual
Property Rights, rights of privacy and publicity and all other rights in and
to such Materials.
- Use any Materials in any manner that infringes any Intellectual Property
Rights or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, the
Site, or any Services, Materials, systems resources, accounts, passwords,
servers or networks connected to or accessible through the Site or any
affiliated or linked sites.
- Transmit unsolicited or bulk communications to any ILovedMyPet.com
account holder or to any ILovedMyPet.com or affiliated e-mail address.
- Post or otherwise submit any software, programs or files that are harmful
or disruptive of another's equipment, software or other property, including
any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any Materials posted by another that you know, or reasonably
should know, cannot be legally reproduced, distributed, performed or
displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the
Site or other affiliated or linked sites, Materials or Services.
- Breach any guidelines or other codes of conduct applicable to a particular
Service or Materials.
- Access or use the Site in any manner that could damage, disable,
overburden or impair any ILovedMyPet.com server or the network(s)
connected to any ILovedMyPet.com server.
- Violate any applicable laws or regulations related to the access to or use
of the Site, or engage in any activity prohibited by the Terms of Use.
- Post or otherwise submit any topic, name, material or information that is
child pornography, defamatory, excessively violent, harassing,
inappropriate, indecent, lascivious, lewd, obscene, profane, racist,
unlawful, or otherwise objectionable.
- Prepare, compile, use, download or otherwise copy any Site user directory
or other user or usage information or any portion thereof, or transmit,
provide or otherwise distribute (whether or not for a fee) such directory or
information to any third party.
- Violate the rights of PartingWishes Inc. or any third party (including
rights of privacy and publicity) or abuse, defame, harass, stalk or threaten
another.
- Use any PartingWishes Inc domain name as a pseudonymous return e-mail
address.
- Market any goods or services for any business purpose (including
advertising and making offers to buy or sell goods or services), unless
specifically allowed to do so by PartingWishes Inc.
When using Services or Materials, you will be subject to any posted
guidelines, rules or licenses applicable to such Services or Materials, in
addition to the Terms of Use. Materials and Services provided by third
parties (collectively, the "Third-Party Services") are governed by separate
agreements accompanying such Materials and Services. PartingWishes Inc
offers no guarantees and assumes no responsibility or liability of any type
with respect to the Third-Party Services, including any liability resulting
from incompatibility between a Third-Party Service, PartingWishes Inc
provided Services or another Third-Party Service. You agree that you will
not hold PartingWishes Inc responsible or liable with respect to the
Third-Party Services.
PartingWishes Inc, in its sole discretion, may (but has no obligation to)
monitor or review the Materials and Services at any time. PartingWishes Inc
may at any time without notice and in its sole discretion: (a) terminate a
Service, access to or use of any Materials or an area of the Site where
Materials are posted or submitted; and (b) disclose any information related
to your use of a Service or Material, or the substance of any of your posted
or submitted Materials, as PartingWishes Inc deems necessary to comply with
applicable law, regulation, legal process or governmental request. You agree
to use extra care when disclosing any personally identifiable information
about yourself or your children in any Services or when you post or
otherwise submit any Materials.
If you are required to establish an account in connection with a particular
Service or Material, you must complete the designated registration process
for such Service or Material. All required registration information that you
provide must be current, complete and accurate and kept up to date on a
prompt, timely basis. If required, you must also choose a user name and
password for such account. It is your sole responsibility to keep your
account number, user name, password and other sensitive information
confidential. If you become aware of any unauthorized use of your account or
any other breach of security, you shall notify PartingWishes Inc
immediately. If any Services or Materials provide password-restricted access
to your sensitive information (including customer lists and contractual
terms), then by accessing or using this Site and setting up a
password-restricted account for such Services or Materials, you consent to
PartingWishes Inc display of such information via such Services or Materials
and accept all risks of unauthorized access to such information.
III. Termination
You agree that PartingWishes
Inc, in its sole discretion, has the right (but not the obligation) to delete or
deactivate your account, block your email or IP address, or otherwise terminate
your access to or use of the Service (or any part thereof), immediately and
without notice, and remove and discard any content within the Service, for any
reason, including, without limitation, if PartingWishes Inc believes that you
have acted inconsistently with the letter or spirit of these Terms of Use.
Further, you agree that PartingWishes Inc shall not be liable to you or any
third-party for any termination of your access to the Service. Further, you
agree not to attempt to use the Service after said termination.
IV. Your Use of the ILovedMyPet.com Website is at your
own risk
The ILovedMyPet.com Website
may contain inaccuracies or typographical errors. PartingWishes Inc. makes no
representations about the accuracy, reliability, completeness or timeliness of
the content or about the results to be obtained from using the Website or its
Content. Your use of the ILovedMyPet.com Website, including, without
limitation, the services and information contained therein, is on an "as is"
basis and is at your own risk. PartingWishes Inc. may make changes to the
Content at any time. PartingWishes Inc. is not responsible for any loss, injury,
claim, liability or damage related to your use of the ILovedMyPet.com Website
or any site linked to this Website, whether for errors or omissions in the
content of our Website or any other linked sites, from the Website being down
or from any other use of the Website.
V. Disclaimer of Liability
PartingWishes Inc., its
respective officers, directors, shareholders, employees, accountants, attorneys,
agents, affiliates, subsidiaries, successors and assigns (Collectively
"PartingWishes") shall not be liable for any direct, incidental, consequential,
indirect, or punitive damages arising out of, or connected with, your (i) use of
the ILovedMyPet.com Website and (ii) any other subject matter of this
Agreement. This includes, but is not limited to, the loss of any data or
information created through the use of ILovedMyPet.com services or documents,
including, but not limited to data or information held by ILovedMyPet.com.
The Member and his or her estate, including heirs, successors and assigns,
hereby agree to indemnify and save harmless PartingWishes Inc., its officers,
directors, employees, principals, agents and shareholders from any and all
claims and demands of any kind whatsoever arising from or in relation to any
document completed or attempted to be completed on this Site (whether such
document is properly or improperly signed) including any and all legal costs,
damages or awards.
PartingWishes Inc. makes no representations or warranties. Without limiting the
foregoing, except as expressly stated in this Agreement, PartingWishes Inc.
makes no representations or warranties of any kind, either express or implied,
as to any matter including, without limitation, implied warranties of fitness
for a particular purpose, merchantability, non-infringement or otherwise which
would extend beyond the representations and warranties contained in this
Agreement.
VI. Website Content
The materials used and
displayed on the ILovedMyPet.com Website, including, but not limited to,
text, software, photographs, graphics, illustrations and artwork, music, video
and sound, and names, logos and trademarks, are the property of PartingWishes
Inc. or its affiliates or licensors and are protected by copyright, trademark
and other laws. Any such content may be displayed solely for your personal,
non-commercial use. You agree not to modify, reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast or circulate any such material without the
written permission of PartingWishes Inc. or the appropriate affiliate.
VII. Disclosure of Information
You hereby agree to allow
PartingWishes Inc. and its staff access to all legal documents and other
material generated via the ILovedMyPet.com Website.
PartingWishes Inc. and its affiliates agree to be bound by the
terms of its Privacy Statement. PartingWishes
Inc. and its affiliates hereby agree that all of your information and material
received via the ILovedMyPet.com Website or otherwise will be kept in the strictest
confidence and will not be disclosed to any third party without your
consent. However, you may authorize PartingWishes Inc. or our affiliates
to disclose information to Third Parties to assist you with current or future
matters or areas of interest either by clicking the appropriate boxes on this
site or specifically in correspondence.
VIII. Information Volunteered to PartingWishes Inc.
Should any member choose to
provide PartingWishes Inc. with any data not associated with any of the services
including but not limited to questions, comments and suggestions ("Non
Confidential Data"), such data shall be deemed to be non-confidential and
PartingWishes Inc. assumes no obligation to protect such data from disclosure.
IX. Third Party Links
The ILovedMyPet.com Website
may contain links to Websites ("Third Party Websites") operated by parties
other than PartingWishes Inc. and PartingWishes Inc. may license Content from
the ILovedMyPet.com Website for use by Third Party Websites. PartingWishes
Inc. makes no representation or endorsement of the Third Party Websites, and
you access them at you own risk. Furthermore, the use of links to Websites does
not imply that PartingWishes Inc. is legally authorized to use any trade name,
registered trademark, logo, or copyrighted symbol that may be represented in the
links.
X. Printed Agreement
A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and
maintained in printed form.
XI. Entire Agreement
By using the ILovedMyPet.com Website, you agree that this
Agreement is the complete and exclusive statement of the Agreement between you
and PartingWishes Inc. regarding the ILovedMyPet.com Website. This
Agreement and any disputes arising out of or related to the Website shall be
governed by, and construed and enforced in accordance with, the laws of the
Province of Ontario, Canada.
XIII. Acknowledgement
By using this Website you acknowledge that you: (a) have read and understood these terms; (b) understand
the need for independent legal advice on whether or not to accept the terms; and
(c) agree to be bound by these terms. If you do not agree, please leave the Website now.
If you have any questions about the above terms and conditions,
please send us an email at
[email protected]
or seek your own independent legal advice.