PetSmart Charities may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of PetSmart Charities or endorsed by PetSmart Charities.
Restrictions on Use of Materials
Links To Other Sites
You should be aware that links to the Sites may be provided from other sites, either known or unknown to PetSmart Charities, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. PetSmart Charities has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.
Limitation of Liability
Disclaimer of Warranties
THE SITES ARE MANAGED IN THE STATE OF ARIZONA, UNITED STATES OF AMERICA. PETSMART CHARITIES MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS.PETSMART CHARITIES MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Web Site Services
Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify PetSmart Charities if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by PetSmart Charities.
Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Parental Consent. As part of the account activation process, you must certify that you are 18 years of age or older. If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child and whether the minor child should participate in any feature of the Sites or Services, including without limitation the message boards, blogs or chatrooms. You should understand that we may disclose any activity under the minor child's account to the parent or legal guardian.
Posted Content. You may post messages, text, photos, testimonials or other content on the Site via the public forums or your Personal Home Page. Any content submitted to PetSmart Charities will be treated as non-confidential and non-proprietary, and you authorize PetSmart Charities and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations and our Vision of a lifelong, loving home for every pet throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content on the Sites, you represent to PetSmart Charities that you own or have the right to use and permit PetSmart Charities to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image on your Personal Home Page, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post any photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself on your Personal Home Page, you further authorize PetSmart Charities and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of PetSmart Charities's operations and our Vision of a lifelong, loving home for every pet throughout the world, and any such permission cannot be revoked for any reason.
Availability of Service. PetSmart Charities reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on PetSmart Charities's servers on your behalf. Without limiting the foregoing, you agree that PetSmart Charities shall have no responsibility or liability for the deletion or failure to deliver or store your Personal Home Page or any other public forum, or any information, pictures, content or email provided by or stored by you on your Personal Homepage or any other public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of PetSmart Charities. You acknowledge that PetSmart Charities reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that PetSmart Charities shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
Acceptable Use Policy for Services & Sites
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Term & Termination
You further agree that the PetSmart Charities shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.
Deactivation of the Sites
Notice of Claims of Intellectual Property Violations
PetSmart Charities's agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows:
Please provide all of the information requested above. No specific form is required to provide PetSmart Charities with notifications of possible infringement. However, it will take PetSmart Charities longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.
Governing Law; Venue; Statute of Limitations