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| User Agreement
The text below is our user site agreement. These are the terms and conditions
required for access to our site. Please read completely before deciding to
agree or disagree with these terms.
1. ACCEPTANCE OF TERMS
Welcome to A Precious Puppy, A Precious Puppy.com provides its service to
you, subject to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. In addition, when using
particular A Precious Puppy.com services, you and A Precious Puppy.com shall
be subject to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
apreciouspuppy.com currently provides stores with pet locating resources
(the "Service"). You understand and agree that the Service may include
advertisements and that these advertisements are necessary for
apreciouspuppy.com to provide the Service. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new apreciouspuppy.com properties, shall be subject
to the TOS. You understand and agree that the Service is provided "AS-IS"
and that apreciouspuppy.com assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
You are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition, you
must provide and are responsible for all equipment necessary to access the
Service.
3. FEES AND COSTS
A Monthly cost of 29.95 is applied for all members for unlimited
listing and selling
4. YOUR MEMBERSHIP OBLIGATIONS
In consideration of your use of the Service, you: (a) certify that you are
at least 18 years of age (b) agree to provide true, accurate, current and
complete information about yourself as prompted by the Service's membership
form (such information being the "Membership Data") and (c) maintain and
promptly update the Membership Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, apreciouspuppy.com has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete,apreciouspuppy.com 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).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's membership process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify apreciouspuppy.com of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session apreciouspuppy.com cannot
and will not be liable for any loss or damage arising from your failure to
comply with this Section 4.
6. MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics,
messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not apreciouspuppy.com,
are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service.apreciouspuppy.com does
not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, Under no circumstances will apreciouspuppy.com be
liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to,
apreciouspuppy.com official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, h. upload, post, email, transmit or otherwise
make available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges;
- interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the
New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
- "stalk" or otherwise harass another;
- collect or store personal data about other users.
You acknowledge thatapreciouspuppy.com does not pre-screen Content, but that
apreciouspuppy.com and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing,
apreciouspuppy.com and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on
any Content created by apreciouspuppy.com or submitted to
apreciouspuppy.com, including without limitation information in
apreciouspuppy.com.
You acknowledge and agree that apreciouspuppy.com may preserve Content and
may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of apreciouspets.com,and its users.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
apreciouspuppy.com does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content you
submit or make available for inclusion on publicly accessible areas of the
Service, you grant apreciouspuppy.com the following world-wide, royalty free
and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on
publicly accessible areas of apreciouspuppy.com, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purposes of providing and
promoting apreciouspuppy.com. This license exists only for as long as you
elect to continue to include such Content on the Service and will terminate
at the time you remove or apreciouspuppy.com removes such Content from the
Service.
With respect to photos,, you submit or make available for inclusion on
publicly accessible area of the Service, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content
on the Service solely for the purpose for which such Content was submitted
or made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at the
time you remove orapreciouspuppy.com removes such Content from the Service.
9. INDEMNITY
You agree to indemnify and hold apreciouspuppy.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your violation
of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
11. MODIFICATIONS TO SERVICE
apreciouspuppy.com reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that apreciouspuppy.com shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
12. TERMINATION
You agree that apreciouspuppy.com, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if apreciouspuppy.com
believes that you have violated or acted inconsistently with the letter or
spirit of the TOS. apreciouspuppy.com may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and
acknowledge and agree that apreciouspuppy.com may immediately deactivate or
delete your account and all related information and files in your account
and/or bar any further access to such files or the Service. Further, you
agree that apreciouspuppy.com shall not be liable to you or any third-party
for any termination of your access to the Service.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS.apreciouspuppy.com EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.apreciouspuppy.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
apreciouspuppy.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THATapreciouspuppy.com SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
apreciouspuppy.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
15. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
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Transmitted: 9/3/2010 9:07:25 PM
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