PetSmart Charities, Inc. Legal NoticesThis document provides notice of specific legal obligations in connection with your use of our Internet or "web" sites (collectively, "Site" or "Sites"). By using this Site, you agree to be bound by our Legal Notices, Terms of Use, and Privacy Policy (collectively, "Notices and Policies"), in addition to other terms and conditions that may appear throughout our Sites. References to "PetSmart Charities" in this document mean PetSmart Charities, Inc., its affiliates, subsidiaries, divisions and designees, and the Site owner, PetSmart Charities, Inc. PetSmart Charities reserves the right to make changes to this Site and the Notices and Policies at any time. Each time you use this Site, you should visit and review the then current Notices and Policies that apply to your transactions and use of this Site. If you do not agree to be bound by the then current Notices and Policies, your sole remedy is not to use this Site. PetSmart Charities is not responsible for typographical or photographic errors on this Site. Proprietary Rights and Trademarks PROPRIETARY RIGHTS AND TRADEMARKS The PetSmart Charities Design marks, Rescue Waggin', and Emergency Relief Waggin' among numerous other trademarks used on this Site, are registered to and/or otherwise protected by PetSmart Charities under United States, Canada, and/or international intellectual property laws. All trademarks, service marks, logos, slogans, domain names, and trade names are the property of their respective owners and are licensed to, or otherwise used with permission by, PetSmart Charities. All intellectual property used on the Site may not be reproduced, copied or otherwise manipulated in any manner without express, written permission of the owner. PetSmart Charities disclaims any proprietary interest in intellectual property other than its own. SITE DOWNLOADS RESTRICTED Except as expressly authorized herein, or by an authorized representative of PetSmart Charities, or by license, PetSmart Charities strictly prohibits modifying, transmitting, distributing, reusing, reposting, "framing" or using the Content of this Site and the Site servers, including the text, images, audio and/or video for public or commercial purposes. Downloading images of products for sale within this Site is strictly prohibited. You may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit the Content of this Site, in whole or in part. CONTRIBUTIONS TO THIS SITE; CONTENT AND SUBMISSIONS By submitting Material to the PetSmart Charities Pet Community and similar service Sites, you agree that you are the sole owner and copyright holder of photos, videos, stories, and information you submit; that these items do not infringe any intellectual property rights of any individual or entity, including the photographer who took the photos and/or videos you have submitted; and that these items do not contain any material that otherwise violates any criminal prohibition. You grant to PetSmart Charities, its employees, agents, personnel, assigns, licensees, successors in interest, and legal representatives, an irrevocable and perpetual and royalty free right to use your photos, videos, stories, and information and name (first name and/or last name or any fictional name you provided with your submission) or likeness, in all forms and in all media and in all manners, without any restriction or notice as to changes or alterations for any advertising, promotion, publicity, or any other lawful purposes. The Material you submit may be altered for the purposes of proper publication by PetSmart Charities. You waive any claims you may have based on any usage of your photos, videos, stories, and information and release PetSmart Charities from any and all liability related to distribution, publication, and dissemination of these items, including publication on the Internet. You waive all moral or integrity rights with respect to the photos and/or videos you have submitted to PetSmart Charities. You acknowledge that PetSmart Charities is relying upon and would not use the Material you submit in the absence of these terms. PetSmart Charities is not liable or responsible for any content provided by users at PetSmart Charities's websites and will not sell the rights in your photos, videos, stories, or information to any third party. We may, at our sole discretion, remove Material that we determine are unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or our Notices and Policies. This includes comments concerning our competitors, vendors, business partners, service providers, associates, and affiliates. PetSmart Charities is not liable or responsible for any content provided by its users or other third parties for use on this Site. Contributions to this Site by third parties do not necessarily represent the view or opinions of PetSmart Charities. PetSmart Charities may not preview user content before it appears on this Site. Users can be held liable for any illegal or prohibited user content they provide to this Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on this Site, please promptly notify us at CustomerCare@petsmart.com so that we may investigate and take appropriate action. APPLICABLE LAW LINKS TO THIRD-PARTY WEB SITES PetSmart Charities does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site from this Site does not constitute sponsorship, endorsement, approval or responsibility of any such Third-Party Site. PetSmart Charities makes no representation or warranty as to any products or services offered on any Third-Party Site. The conditions of use, legal notices and privacy policy of any Third-Party Site may differ substantially from the Notices and Policies that apply to your use of this Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites. By using this Site to search for or link to a Third-Party Site, you agree and understand that you may not make any claim against PetSmart Charities for any damages or losses whatsoever resulting from your use of this Site to obtain search results and/or to link to a Third-Party Site. However, if you have a problem with a link from this Site, please let us know at info@petsmartcharities.org and we will investigate and take appropriate action. PRIVACY, SECURITY AND PROHIBITED CONTENT See PetSmart Charities's Privacy Policy for information on the privacy and security practices of PetSmart Charities and this Site. By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and account, and you accept responsibility for all activities that occur under your account and password. If you access this Site on a public computer or use a computer to which multiple people may have access, follow all relevant instructions to sufficiently disconnect and log off of this Site and the computer system you are using to prevent unauthorized access to your PetSmart Charities account. Unlawful activities on this Site are strictly prohibited. This includes tampering with this Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities. Site users are prohibited from violating or attempting to violate the security of this Site, including without limitation: (1) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (2) using this Site for unintended purposes or trying to change the behavior of this Site; (3) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (4) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and (6) forging communications on behalf of this Site (impersonating this site) or to this Site (impersonating a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of PetSmart Charities, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routing data to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents provided by PetSmart Charities or publicly available browsers. Content that does the following types of things is illegal and/or prohibited on this Site:
U.S. EXPORT CONTROLS INDEMNITY CONTACT US
CHANGES/UPDATES TO NOTICES AND POLICIES Posted: 11/23/2009 |
