TERMS & CONDITIONS
BINKY'S PETS INC.
- User License
- Site Content
- Termination and Changes to Site
- Disclaimer of Warranties
- Limitation of Liability
- Cancellation, Termination, Transfer and Expiration of Account/Services
- Account, Password and Security
- Third Party Software
- Jurisdiction, Applicable Law and Limitations
- General Provisions
2. User License
Except as specifically authorized by PM, you may not deep-link to this Site for any purpose or access this Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Site or any information, content, or material on this Site. PM reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of this Site or any content contained therein, whether in whole or in part.
Any rights not expressly granted herein are reserved.
B. User Conduct.
You agree that your use of this Site and/or services on this Site is subject to all applicable local, provincial, state, national and international laws and regulations. You also agree:
- to comply with Canadian and US law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Site or any service provided by PM from Canada, the US, or the country in which you reside;
- not to host, submit content to or use the Site or its services without the consent of a parent or guardian if you are under the age of 16 (a "Minor");
- not to use the Site for illegal purposes;
- not to commit any acts of infringement on the Site or with respect to content on the Site;
- not to use the Site to engage in commercial activities;
- not to create or maintain a Memorial Website for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using a service in that person's name, and linking to any commercial or other website from a Memorial Website, or other material.
- not to attempt to gain unauthorized access to other computer systems from or through the Site;
- not to interfere with another person's use and enjoyment of the Site or another entity's use an enjoyment of the Site;
- not to use the Site for chain letters, junk mail, spamming, or use of distribution lists;
- not to upload or transmit viruses or other harmful, disruptive or destructive files;
- not to disrupt, interfere with, or otherwise harm or violate the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site or affiliated or linked sites.
C. Harm from Commercial Use.
You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.
3. Site Content
A. Nature of User Material.
Some of the services offered by PM on this Site allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site (collectively, "Submit"), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, "Material") for a Memorial Website.
You agree not to Submit any Material that:
- contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
- unfairly interferes with any third party's uninterrupted use and enjoyment of this Site;
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, federal, national or international law, rule, guideline or regulation, or otherwise creates liability;
- discloses any personal identifying information relating to or images of a Minor without consent of a parent or guardian;
- infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- contains viruses or other harmful, disruptive or destructive files;
- harms or is inappropriate for Minors to view;
- links to any commercial or other website;
- exceeds 4 minutes in length or duration when played on the Site;
B. User Representations and Warranties.
C. User License Grant to PM
You grant PM, its affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use all Material you provide to PM in any form, media, software or technology of any kind now existing or developed in the future. PM does not claim ownership of Material you Submit to the Site.
D. Disclaimer of Responsibility for Material.
You acknowledge and agree that PM does not control the Material Submitted to Memorial Websites, or any other services permitting user-generated Material or content, and disclaims any responsibility for such Material. PM specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Memorial Website, or other Material. In addition, PM does not represent or warrant that any other content or information accessible via this Site is accurate, complete, or current. Price and availability information is subject to change without notice. PM assumes no responsibility or liability for any errors or omissions in the content of this Site.
E. Review, Removal and Change of Status of Material.
PM reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any photos, Memorial Websites or any Material that PM believes, in its absolute and sole discretion, may violate any of the aforementioned sections. PM also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any photos, Memorial Websites or Material on the Site for any reason or no reason whatsoever, in its absolute and sole discretion. PM also reserves the right (at any time and without prior notice) to change the status of a Memorial Website from public access to private access upon complaint by a third party for any reason, in PM's sole and absolute discretion. In cases in which payment has been made for a Memorial Website that has been removed or altered for reasons other than a breach of 2(A), 2 (B), 3(A) or 3(B) above, PM, will issue a full refund.
F. Proprietary Rights.
4. Termination and Changes to Site
PM reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, this Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site's features, look and feel, and functional elements and services relating to Memorial Websites, and other services provided by PM also includes the right to remove pet sites that have been inactive for inordinate long period of time.
6. Disclaimer of Warranties
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED ON THIS SITE (WHETHER PROVIDED BY PM, YOU, OTHER USERS, AND OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
7. Limitation of Liability
A. IN NO EVENT SHALL PM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF PM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON, THIS SITE. PM ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THIS SITE. PM ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THIS SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL PM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO PM , IF ANY, OR (B) $100 (WHICHEVER IS LESS).
8. Cancellation, Termination, Transfer, and Expiration of Account/ Services
Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any service provided on or through this Site, you will have no right to any Material or Information you Submitted, and PM may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information contained therein including but not limited to any Memorial Website. PM accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any service on the Site, will be terminated at PM's discretion. You agree that PM shall not be liable to you or any third-party for any termination of your access to any service.
Upon suspension, cancellation, or termination of your account or your use of any service provided on or through this Site (for whatever reason), there shall be no refund of money you paid to PM
The consent of a parent or guardian shall be required before a Minor can use the Site. Use of any part of the Site is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Site. A parent or guardian will be responsible for any activities of a Minor on the Site regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Site.
10. Your Account
Some services offered on the Site (such as the creation of a Memorial Website) may require you to register and/or create an account with PM. During this process, you must select an account designation and password and provide certain personal information to PM, including a valid email address. In consideration of the use of PM's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify PM of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. PM will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
As a courtesy to you, this Site may offer links to other websites. PM is not responsible for the contents of any website pages created and maintained by organizations independent of PM. Visiting any such third-party website pages is at your own risk. PM has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by PM. By using this Site you acknowledge that PM is responsible neither for the availability of, nor the content located on or through any third-party website pages.
PETWALLMEMORIAL will be a registered trademark of PM MEMORIAL WEBSITES' and is a common law trademark of PM. Such trademarks and other marks, logos, and names of PM, used on or in connection with this Site may not be used in connection with any product or service that is not under PM's ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits PM All other trademarks not owned by PM or its affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PM or its affiliates.
14. Third Party Software
15. Jurisdiction, Applicable Law and Limitations
Contact PM. For purposes of providing notice of cancellation or termination, contact PM at Support.
PETWALLMEMORIAL.COM COPYRIGHT NOTICE
PETWALLMEMORIAL.COM reserves the right to remove any pictures posted with which we receive notice of possible copyright infringement issues. We also reserve the right to remove language that is offensive. We reserve the right to substitute our standard icons and pictures with similar icons and pictures if we believe there are any copyright issues. You warrant and represent that the images you are uploading belong to you, or you have permission of the owner to use them, and there are no third party claims against any of the images that you upload.