TERMS AND CONDITIONS
Effective Date: April 22, 2015
In using this website you are deemed to have read and agreed to the following terms and conditions:
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
By visiting and utilizing services from ShelterCatsAndKittens.com, you acknowledge and agree that the employees, agents, and affiliates of ShelterCatsAndKittens.com are not trained professionals, and are not performing services in a legal or any other type of representative capacity. In addition, you acknowledge and agree that ShelterCatsAndKittens.com will not under any circumstances give legal advice or counsel to you as to your legal rights or legal responsibilities. You also acknowledge and understand that ShelterCatsAndKittens.com cannot represent you in court, formal administrative adjudicative proceeding or other formal dispute resolution process or in an administrative adjudicative proceeding in which legal pleadings are filed or a record is established as the basis for judicial review. Furthermore, by visiting and utilizing services from ShelterCatsAndKittens.com you acknowledge and understand that ShelterCatsAndKittens.com, or its employees will not engage in the negotiation of legal rights or responsibilities on your behalf.
License to use website
Unless otherwise stated, ShelterCatsAndKittens.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website, except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. Specifically, you must not engage in any activity that imposes a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website, circumvents fees charged by ShelterCatsAndKittens.com; circumvents ShelterCatsAndKittens.com’s technological and physical security measures or transmits content intended to collect personal or personally identifiable information from users or third parties.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ShelterCatsAndKittens.com’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without ShelterCatsAndKittens.com’s express written consent.
Access to certain areas of this website is restricted. ShelterCatsAndKittens.com reserves the right to restrict access to other areas of this website, or indeed this entire website, at ShelterCatsAndKittens.com’s discretion.
If ShelterCatsAndKittens.com provides you with a user ID and/or password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and/or password are kept confidential.
ShelterCatsAndKittens.com may disable your user ID and/or password in ShelterCatsAndKittens.com’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to ShelterCatsAndKittens.com a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free license to use, copy, publicly perform, publicly display, reformat, reproduce, adapt, publish, translate, excerpt (in whole or in part) and distribute your user content in any existing or future media or for any purpose, commercial, advertising, or otherwise, on or in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user content. This includes uploading and posting your submitted content on our website or any of our associated social media accounts. You also grant to ShelterCatsAndKittens.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or ShelterCatsAndKittens.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
ShelterCatsAndKittens.com reserves the right to edit or remove any material submitted to this website, or stored on ShelterCatsAndKittens.com servers, or hosted or published upon this website.
Notwithstanding ShelterCatsAndKittens.com’s rights under these terms and conditions in relation to user content, ShelterCatsAndKittens.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
ShelterCatsAndKittens.com will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. ShelterCatsAndKittens.com may edit or remove content on the the Website at their discretion at any time.
This website is provided “as is” without any representations or warranties, express or implied. ShelterCatsAndKittens.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, ShelterCatsAndKittens.com does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter, you should consult an appropriate professional.
Any content on this website may be purchased or obtained from third parties. Sheltercatsandkittens.com does not warrant that any information provided within this content, including but not limited to advice and medically-related information, is complete, true, accurate or non-misleading. If you have any questions related to caring for your pet, please seek prompt and appropriate care and guidance from a licensed veterinarian.
You warrant and agree that you have the right and legal capacity to enter into this agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine. You warrant that you are not prohibited from assenting to this agreement by any preexisting agreement.
If you are using the website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.
Use of Personally Identifiable Information
You agree to provide true, accurate, current and complete information when registering with our website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the website.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by ShelterCatsAndKittens.com will only be in connection with the provision of agreed services and products.
Limitations of liability
ShelterCatsAndKittens.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, loss or corruption of information or data; or
- for any actions, costs, treatments, conditions and emotional effects related to you and your pets, cats or other animals.
These limitations of liability apply even if ShelterCatsAndKittens.com has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ShelterCatsAndKittens.com liability in respect of any:
- death or personal injury caused by ShelterCatsAndKittens.com negligence;
- fraud or fraudulent misrepresentation on the part of ShelterCatsAndKittens.com; or
- matter which it would be illegal or unlawful for ShelterCatsAndKittens.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, ShelterCatsAndKittens.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ShelterCatsAndKittens.com’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ShelterCatsAndKittens.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ShelterCatsAndKittens.com.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify ShelterCatsAndKittens.com and undertake to keep ShelterCatsAndKittens.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ShelterCatsAndKittens.com to a third party in settlement of a claim or dispute on the advice of ShelterCatsAndKittens.com legal advisers) incurred or suffered by ShelterCatsAndKittens.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to ShelterCatsAndKittens.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ShelterCatsAndKittens.com may take such action as ShelterCatsAndKittens.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
ShelterCatsAndKittens.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Third Party Links
You understand that ShelterCatsAndKittens.com may contain links to third party websites, applications or services that ShelterCatsAndKittens.com does not own or control. You agree that ShelterCatsAndKittens.com will not be held responsible or liable for the content of third party websites, applications or services and that ShelterCatsAndKittens.com’s inclusion of those websites, applications or services within its website does not constitute ShelterCatsAndKittens.com’s endorsement of, recommendation of or affiliation with any of those websites, applications or services.
ShelterCatsAndKittens.com may transfer, sub-contract or otherwise deal with ShelterCatsAndKittens.com rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with United States Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Virginia.
The Website, including its look and feel, color selections, layout and arrangement, is the trade dress of ShelterCatsAndKittens.com. You are prohibited from using the ShelterCatsAndKittens.com trade dress or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services, whether in a domain name, meta tag, trade name, trademark, pay per click advertising or otherwise, without the prior written consent of ShelterCatsAndKittens.com. All other trademarks, trade names, or logos displayed on the Website are the property of their respective owners.
Notification Of Possible Copyright Infringement
In the event you believe that material or content published on ShelterCatsAndKittens.com may infringe on your copyright or that of another, please contact us at admin@ShelterCatsAndKittens.com.
Our failure to enforce any provision of these Terms of Service and Conditions shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved to ShelterCatsAndKittens.com.
You can contact ShelterCatsAndKittens.com by email to admin@ShelterCatsAndKittens.com.
This document was created based on a Contractology template available at http://www.freenetlaw.com.