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PetSmart Charities, Inc. Legal Notices

This 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
Site Downloads Restricted
Contributions to this Site
Applicable Law
Links to Third-Party Web Sites
Privacy, Security and Prohibited Content
U.S. Export Controls
Indemnity
Contact Us


PROPRIETARY RIGHTS AND TRADEMARKS
All Site content and collective work comprising the Site, including information, articles, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other artwork and material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights under United States and/or international laws and held by PetSmart Charities and/or the original creator of the material, including PetSmart Charities's suppliers and/or affiliates and Site visitors contributing material in connection with our Pet Community, Blog, Ask an Expert, and similar services Sites (for more information, see Contributions to this Site; Content and Submissions below). These rights are valid and protected in all forms, media, and technologies existing now or developed in the future.

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
You may only download Content displayed on this Site for non-commercial, personal use, provided you also retain all copyright, trademark and other proprietary notices contained in our Content. Do not alter the Content, and do not copy or post the Content on any network computer or broadcast the Content in any media.

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
There are many opportunities to contribute to this Site. By using this Site, you agree that any information (except for purchase information) you send to PetSmart Charities to contribute to this Site, or that you submit, post or display on our Site, is not confidential, including data, text, photos, videos, stories, articles, names (first and/or last, fiction or non-fiction), and other information, suggestions, ideas, comments or links you send to PetSmart Charities or any other third party using this Site ("Material"). By submitting any solicited or unsolicited Material using this Site, you grant PetSmart Charities an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute the Material for any purpose whatsoever to the extent permitted by law.

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
The petsmartcharities.org site is created and controlled by PetSmart Charities and is operated by its service provider, Convio, both of the United States of America. The laws of the State of Arizona will govern the Site without giving effect to any principles or conflicts of laws.

LINKS TO THIRD-PARTY WEB SITES
This Site contains links to other sites operated by third parties, including third-party sites that display PetSmart Charities trademarks ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

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:

  • Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Is or could be harmful to minors, including material that exploits persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone's privacy; providing or creating computer viruses;
  • Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;
  • Harasses or advocates harassment of another person;
  • Displays pornographic material of any kind;
  • Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • Promotes information that you know is false, misleading, or promotes illegal activities or conduct, or is abusive, threatening, obscene, defamatory or libelous;
  • Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacturer-installed copy-protect devices, or provides pirated content or links to pirated content files;
  • Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); and
  • Engages in commercial activities and/or sales relating to PetSmart Charities without PetSmart Charities's prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes.

U.S. EXPORT CONTROLS
Certain software and similar materials ("Software") that you may download from this Site may be further subject to United States Export Controls. No Software from this Site may be downloaded or exported contrary to any applicable export law, including any applicable prohibitions against download or export as follows: (1) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using Software downloaded from this site, you agree to abide by the applicable laws, rules and regulations - including the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of law.

INDEMNITY
You agree to indemnify and hold PetSmart Charities and its officers, agents, employees, and other partners, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of this Site, including your use of this Site to provide a link to another site or to upload content or other information to this Site.

CONTACT US
If you have questions about our Conditions of Use, Legal Notices or Privacy Policy, you may contact us by:

  1. Send an e-mail request to: info@petsmartcharities.org
  2. Call toll-free: 1-800-423-PETS 24 hours a day/7 days a week
  3. Mail your request to:
    PetSmart Charities, Inc.
    19601 N. 27th Ave.
    Phoenix, AZ 85027

 

CHANGES/UPDATES TO NOTICES AND POLICIES
Because our Site and stores will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Notices and Policies in order to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and PetSmart Charities as you use our Site and supersedes all prior understandings or agreements, written or oral, in this regard.

Posted: 11/23/2009