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Terms and Conditions

Welcome to My Pets Pages. Your use of the My Pets Pages web site (the "Site") and the services provided on and through the Site (collectively, the "Service") shall be governed by and are subject to these terms and conditions which may be updated by us from time to time without notice to you (the "Terms"). The Terms may have been revised since your last visit, so please read them carefully. The Terms were last revised on April 13, 2002. IF YOU ACCESS OR USE THE SITE OR PURCHASE PRODUCTS AND SERVICES AT MY PETS PAGES, YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD REFRAIN FROM USING THE SERVICE.

By using the Site, the user agrees that he or she will not: 1) interfere with other customers' use and enjoyment of the site; 2) interfere with or disrupt this or other networks connected to www.mypetspages.com; or 3) violate laws and regulations regarding the transmission of data exported from the country of your location.

www.mypetspages.com is a Site operated by My Pets Pages, a company headquartered in Chester, United Kingdom (the "Company"). This agreement applies to, and all references to "My Pets Pages" and "www.mypetspages.com" include, the Site and the Company.

Capacity to Contract

By using the Service, you represent that you are of sufficient age and legally capable of entering into binding legal agreements or contracts to purchase goods and services. If you are under the age of 13 years old, you must obtain your parent's consent before using the Service, and you and your parents must review the Site's information practices policy regarding use of the Site by children under 13. [Privacy Policy]

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted are the sole responsibility of the person from which such Content originated. This means that you, and not My Pets Pages, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. My Pets Pages does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will My Pets Pages be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use, distribution or publication of any Content posted, transmitted or otherwise made available via the Service.

General Disclaimer

My Pets Pages may, in its sole discretion, alter, suspend, modify or discontinue, temporarily or permanently the Site or the Service (or any part thereof) at any time for any reason, without notice. You agree that My Pets Pages shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You understand and agree that the Site and the Service are provided "AS-IS" and that My Pets Pages assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.

Any medical information provided by My Pets Pages, its content contributors, partners or suppliers is general in nature, and is designed only to help the user learn about health issues affecting their pets and to discuss them with a licensed veterinarian. Such information should never be used as a substitute for examination, diagnosis and treatment by a veterinarian or other qualified care provider or to track the progress of an ill pet. You understand and agree that My Pets Pages cannot be held responsible for any consequences of you using any such medical information.

My Pets Pages does not endorse information, recommendations or companies contained or mentioned in this site unless such endorsement is expressly stated.

No Warranties

Information, including product descriptions, provided on the Site, is provided "AS-IS" and "as available" and may contain inaccuracies or typographical errors. Specifically, but without limitation, My Pets Pages does not warrant that: 1) the information on the Site is correct, accurate, reliable or complete; 2) the Service will be uninterrupted, timely, secure or error-free; 3) any defects will be corrected; 4) the Site, software and products are free of viruses or other harmful components. MY PETS PAGES SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. No advice or information obtained from employees, officers, directors, agents or affiliates of the Company or the like shall create any warranty not expressly stated in the Terms. This disclaimer of warranties constitutes an essential part of this agreement. Some jurisdictions do not allow exclusions of implied warranty, and this disclaimer may not apply in such locales.

Product availability, descriptions, prices and specifications are subject to change at any time.

Limitation of Liability

IN NO EVENT SHALL MY PETS PAGES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MY PETS PAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE, PRODUCT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, DATA, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE OR THE SITE. These limitations apply to both personal (individual consumer) or business losses or liabilities and the cost of procurement of substitute goods or services. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above may not apply in such locales.

Indemnification

By using the Site, the user agrees to indemnify and hold harmless the Company, and any of its subsidiaries, licensors, co-branders, affiliates, partners, suppliers, agents, officers, directors, stockholders and employees from and against all claims, demands, liabilities, expenses and damages, including reasonable attorney's fees and costs incurred by any of such persons arising out of or in connection with any suit, action, proceeding or claim, made by any third party due to or arising from the user's use of the Service, or the Site, or from any violation of the Terms by you, your agents, representatives and affiliates.

My Pets Pages may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by the user. The assumption of such defense or control by My Pets Pages, however, shall not excuse any of the user's indemnity obligations.

Trademarks & Copyright

All trademarks, service marks, trade names, logos, and trade dress on the Site are proprietary to the Company or other respective owners that have granted My Pets Pages the right and license to use such marks. The trademarks, service marks, trade names, trade dress and products featured on this site are protected by laws in the United States of America and internationally. You agree and acknowledge that, notwithstanding that My Pets Pages permits access to content and print products, the Content and print products are protected by copyrights, trademarks, and other proprietary rights, that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in the Terms, your use of the Content and products shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.

All Site design, text, graphics, photos, music, channel, structure, interface, creative concepts and the selection and arrangements thereof are Copyright © 2002 - My Pets Pages. All Rights Reserved. No part of the Site may be reproduced, modified or published, used to create derivative works, sold, stored in a retrieval system or transmitted in any form, by any means, electronic or mechanical, re-engineered or translated into another language, or produced in any technology now known or later developed, without prior written permission of the Company; provided that, for noncommercial purposes, individual users are granted permission to electronically copy and to print hard copy portions of this Site solely for the purpose of placing an order, using the Site as a product purchase resource or creating, designing and proofreading written or graphic inputs to certain portions of the Site, such as memorial pages.

Any other use of materials or Content on this Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of the Company is strictly prohibited. Reproduction of any of the stories, articles, columns, sidebars, interviews or features, or any portion thereof, without prior written permission is strictly prohibited. My Pets Pages and/or its contributing authors have and/or retain ownership rights for various uses in various territories.

Reproduction

Nothing contained on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any documents displayed on the Site, through the use of framing or otherwise, except: 1) as expressly Permitted by the Terms or 2) with the prior written permission of My Pets Pages or appropriate third-party copyright and trademark owners. The user may not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Inquiries about permission to republish materials should be directed to: enquiries@mypetspages.com

Unsolicited Submissions

My Pets Pages welcomes comments regarding its content, products and services. However, the company's policy is not to accept or consider ideas, suggestions or materials other than those it has specifically requested. The intent of this policy is to prevent misunderstandings. Please do not send creative ideas to My Pets Pages. If, despite the company's request to the contrary, you send us concepts, ideas, prose, renderings or other creative information or work, the information shall be deemed the property of My Pets Pages. My Pets Pages shall be under no obligation to treat the information as confidential or to provide compensation for the concept or work.

Accuracy of Content

Although efforts are made to obtain content from experienced and reliable sources, My Pets Pages does not warrant or assure that content on the Site is accurate, complete, reliable, current or error-free. No information or advice obtained through this Site or the Services provided shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, and therefore, such exclusions may not apply in certain locales.

Links to Third-Party Web Sites

The My Pets Pages Site may include links to other web sites or resources that are not owned or operated by the Company. Because My Pets Pages has no control over such sites and resources, the user acknowledges and agrees that My Pets Pages is not responsible for the availability or content of such external sites or resources, and does not endorse and is not responsible or liable for any material or information available from or damage or loss caused by such sites or resources.

Member Conduct

Each User agrees not to use the Service to:

  • upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or discriminatory;
  • harm minors in any way;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  • upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • "stalk" or otherwise harass another;
  • collect or store personal data about other users; or
  • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
Any breach of these restrictions may result in immediate termination of access to the Site and possible legal action by the Company or third parties. This Site may make available chat rooms, forums, message boards, and/or news groups. Users should remember that any information disclosed in these areas is public to the particular community involved, and great discretion should be exercised.

Communications

Any communications the user sends to the Site are on a non-confidential basis, and My Pets Pages is under no obligation to refrain from reproducing, publishing or otherwise using such communications in any way for any purpose. My Pets Pages is free to use the content of such communications, including any ideas, inventions, concepts, techniques, or know-how disclosed therein for any purpose, including developing, manufacturing and/or marketing goods and services.

Content

The user acknowledges that My Pets Pages does not pre-screen Content, but that My Pets Pages and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, My Pets Pages reserves the right to block, remove or alter Content and communications deemed inappropriate for any reason.

Applicable Law

The Terms and the use of the Site and Services by the user are governed and interpreted pursuant to the laws of the United Kingdom notwithstanding any principles of conflicts of law. The user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Severability

If any provision of the Terms is unlawful, void or unenforceable, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Assignment

The customer may not assign, convey, subcontract or delegate any of his or her rights, duties or obligations hereunder, and may not permit any other person to use his or her passwords for the restricted areas of the Site.

Jurisdictional Matters

My Pets Pages makes no representation that information or products described on the Site are appropriate or available for delivery or use outside the United Kingdom. Those who chose to access the Site from outside the United Kingdom do so on their own initiative and are responsible for complying with all local laws.

The United Kingdom controls the export of products and information from UK companies abroad across the Internet. The user is responsible for compliance with all federal and local laws regarding the import, export or re-export of the contents of this Site including all forms of intellectual property including software and online conduct.

Termination

Your access to the Service may be terminated by My Pets Pages in its sole discretion in whole or in part, with or without notice, for any reason, including without limitation, any violation of the Terms.

No Waiver

No waiver on the part of My Pets Pages to exercise, enforce or to delay in exercising or enforcing any right, power or provision hereunder shall constitute a waiver thereof or shall any single or partial exercise of any right, power or provision preclude the exercise of that or any other right, power or provision.

Privacy

Use of the My Pets Pages Site and the Service is subject to our privacy policy. For more information, please see Privacy Policy.

Entire Agreement

This is the entire agreement between the parties relating to the subject matter herein and may only be modified (i) in a writing signed by the parties or (ii) by a new posting by My Pets Pages.

Headings

The headings used in the Terms are included for convenience only and will have no legal or contractual effect on the Terms.

Order Acceptance

The receipt by the user of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. My Pets Pages reserves the right, without prior notification, to limit the order quantity on any item, to refuse sales to resellers, and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. My Pets Pages reserves the right to change its product pricing or specification due to errors, changing market conditions, or any other reason.

Refunds

We may terminate your site for any reason we deem fit and you are not eligible for any refund. If we can no longer supply these services (web hosting, domain names etc.) specified on our web site, you are not eligible for any refunds. We do not offer refunds of any kind.

Notices
Any notice to be given by either party to the other may be sent by either e-mail, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by e-mail shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.




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