PetPlaceCentral.com Terms of Service
Effective Date: December 9,2009

PetPlaceCentral.com is an online community that connects people and pets through networks of friends for communicating, sharing information, photos and videos with other pet lovers. By using the PetPlaceCentral.com website, you accept and agree to be bound by the following terms and conditions (the "Terms of Service"). Nothing in these Terms of Service should be construed to confer any rights to third-party beneficiaries.

Changes to PetPlaceCentral.comTerms and Conditions

We reserve the right to modify or terminate the PetPlaceCentral.com service for any reason, and without notice, without liability to you, any other member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

Eligibility and Registration

As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Appropriate Conduct and Content

The PetPlaceCentral.com service is made available for you, your business, and/or organization. You may not use your personal account to serve as your business or organization’s account. You may not use the PetPlaceCentral.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content ("Materials") that you submit, post, and display on the PetPlaceCentral.com website.We may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.

For your information, since PetPlaceCentral.com strives to maintain a friendly and open environment, anything that may be deemed by the PetPlaceCentral.com community to be obscene will be removed or edited with or without your notice.Other examples of illegal or unauthorized uses include, but are not limited to:modifying, adapting, translating, or reverse engineering any portion of the PetPlaceCentral.com service; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the PetPlaceCentral.com service; collecting any information about other members (including usernames and/or email addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of the PetPlaceCentral.com service; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as "spam," or chain letters to other members or otherwise interfering with other member's enjoyment of the service; submitting materials of any third party without such third party's prior written consent; directing any user (for example, by linking) to any materials of any third party without such third party's prior written consent; submitting materials that falsely express or imply that such materials are sponsored or endorsed by PetPlaceCentral.com; submitting materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting materials that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.

While PetPlaceCentral.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such materials and that you use the PetPlaceCentral.com service at your own risk.

Content Posted by You to the Service and the Website

Pet Profile Information:
PLEASE NOTE: The Service includes an option that allows members to determine who may view their full profile. These levels are: "Friends," "Friends of Friends" and "Anyone." If you are an individual member and you choose to allow your PetPlaceCentral.com profile to be viewed by "Anyone," you should be aware that anyone who accesses the website, whether or not they are a member, will be allowed to view all the information in your pet profile. In addition, the service includes an option, which allows individual members to include their full name as the ‘Pet Parent’ in their PetPlaceCentral.com profiles. If you choose this option, your last name will be included in both your normal PetPlaceCentral.com profile as well as your "public profile" (which is described below). Your public profile will be available to anyone, regardless of the level of access you have chosen for your full PetPlaceCentral.com profile.

WHEN CHOOSING THESE OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW TO YOUR PETPLACECENTRAL.COM PROFILE AS WELL AS WHETHER YOU WANT YOUR FULL NAME TO BE AVAILABLE TO THE GENERAL PUBLIC.

For more information about the various levels of sharing of your PetPlaceCentral.com profile and your last name, click here.

Public Pet Profile Information:
Regardless of what personal information you choose to include in your PetPlaceCentral.com profile or what level of sharing of your profile you choose, certain information about every PetPlaceCentral.com member will be included in that member's "public profile." A member's public profile is an abbreviated version of that member's regular PetPlaceCentral.com profile, containing the information listed below, which will be available to any user of the website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each individual member's public profile includes the following information about that member’s pet:

* Pet Name
* Breed or Species
* Gender
* Age
* Sex
* Birth Month
* Nickname
* Favorite treat
* Favorite toy
* Adjectives that describe the character of that pet
* Brief description of the pet

Member Identities and Pet Profiles:
Your profile must describe your pet. This site allows the individual member to represent an animal that is within your care.

Member Responsibility for Content:
You are solely responsible for the content that you post on the website or the service, as well as the content you transmit to other members.

PetPlaceCentral.com's Proprietary Rights

By submitting, posting or displaying any materials on or through the PetPlaceCentral.com service, you automatically grant to us a worldwide, non-exclusive, royalty-free, right to publicly display or re-display such materials in other formats not simply limited to websites.Except as expressly authorized by PetPlaceCentral.com you may not copy, modify, publish, transmit, distribute, perform, display or sell any of PetPlaceCentral.com's proprietary information which includes the sum of all postings and photos to the site. The PetPlaceCentral.com logo and "PetPlaceCentral.com" are trademarks of Pet Central, Inc.

Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy. Click here to review the PetPlaceCentral.com Privacy Policy.

You understand and agree that PetPlaceCentral.com may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of PetPlaceCentral.com, its affiliates or the public.

Copyright Information

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on PetPlaceCentral.com service, please read the following information for filing or responding to a notice of infringement.To file a notice of copyright infringement with us, please send a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney.To expedite our ability to process your request, please use the following format:

1. Identify in sufficient detail the material that you believe has been infringed.
2. Identify the material that you claim is infringing the material listed in item #1 above.
3. Provide information reasonably sufficient to permit PetPlaceCentral.com to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit PetPlaceCentral.com to notify the user(s) who posted the content that allegedly contains infringing material (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to: Pet Central, Inc. 3350 East 7th Street, Long Beach, CA 90804

The user(s) who posted the content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question.To file a counter notification with us, please provide a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please use the following format:
1. Identify the specific URLs of material that PetPlaceCentral.com has removed or to which PetPlaceCentral.com has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification to PetPlaceCentral.com of the infringement or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
4. Sign the paper.
5. Send the written communication to: Pet Central, Inc. 3350 East 7th Street, Long Beach, CA 90804

Disclaimer of Warranties

PetPlaceCentral.com and Pet Central, Inc. disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the PetPlaceCentral.com service. PetPlaceCentral.com disclaims any and all responsibility and liability for the conduct of any member.

THE PETPLACECENTRAL.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE PETPLACECENTRAL.COM SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PETPLACECENTRAL.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.YOU AGREE THAT YOUR USE OF THE PETPLACECENTRAL.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity

You agree to hold harmless and indemnify Pet Central, Inc. from and against any third party claim arising from or in any way related to your use of the PetPlaceCentral.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL PETPLACECENTRAL.COM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PETPLACECENTRAL.COM SERVICE, WHETHER OR NOT PETPLACECENTRAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PETPLACECENTRAL.COM SERVICE, FROM INABILITY TO USE THE PETPLACECENTRAL.COM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PETPLACECENTRAL.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL PETPLACECENTRAL.COM BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).

Term and Termination

These Terms of Service will apply to your use of the PetPlaceCentral.com service. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the PetPlaceCentral.com service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Disputes

If there is any dispute between you and us about or involving the website or the service, by using the website or the service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in Los Angeles County, California for the resolution of any such dispute.

Notices

PetPlaceCentral.com may provide you with notices regarding the PetPlaceCentral.com service or these Terms of Service by regular mail, email, or postings to this website.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Los Angeles, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall PetPlaceCentral.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire Agreement between you and PetPlaceCentral.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

You will be deemed to have accepted the terms of this Agreement upon use of the website or by becoming a member. This Agreement, together with our Privacy Policy, and any notices regarding the website or the service sent to you or posted on the website, all of which are incorporated herein by this reference, contains the entire Agreement between you and us regarding the use of the website or the service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.

Please contact us with any questions regarding this Agreement.