| | TERMS PETNEWSWIRE
TERMS AND CONDITIONS OF USEPLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By
using this site, you signify your assent to these Terms and Conditions. If you
do not agree to all of these Terms and Conditions of use, do not use this site!
Eastern Media Network, Inc (providing "PetNewswire") may revise and
update these Terms and Conditions at any time. Your continued usage of the PetNewswire
Web site ("PetNewswire Site," or the "Site,") will mean you
accept those changes. BASIC
DISCLAIMER All information provided within this Web site is in no way intended
to be a substitute for professional medical advice. You should not use this information
to diagnose or treat a health problem or disease without consulting with a qualified
healthcare provider. Consult your healthcare provider with any questions or concerns
you may have regarding your condition. INDEX CHILDREN'S
PRIVACY USE OF CONTENT LIABILITY OF PETNEWSWIRE AND ITS LICENSORS USER
SUBMISSIONS CHAT ROOMS AND BULLETIN BOARDS ADVERTISEMENTS AND LINKS TO OTHER
SITES INDEMNITY GENERAL JURISDICTION COMPLETE AGREEMENT CHILDREN'S
PRIVACY. We are committed to protecting the privacy of children. You should
be aware that this Site is not intended or designed to attract children under
the age of 13. We do not collect personally identifiable information from any
person we actually know is a child under the age of 13. USE
OF CONTENT. PetNewswire authorizes you to view or download a single copy of
the material on the PetNewswire Site solely for your personal, noncommercial use
if you include the following copyright notice: "Copyright 2005, Eastern Media
Network, Inc. All rights reserved" and other copyright and proprietary rights
notices which were contained in the Content. Any special rules for the use of
certain software and other items provided on the PetNewswire Site may be included
elsewhere within the Site and are incorporated into these Terms and Conditions
by reference. The
Content is protected by copyright under both United States and foreign laws. Title
to the Content remains with PetNewswire or its licensors. Any use of the Content
not expressly permitted by these Terms and Conditions is a breach of these Terms
and Conditions and may violate copyright, trademark, and other laws. Content and
features are subject to change or termination without notice in the editorial
discretion of PetNewswire. All rights not expressly granted herein are reserved
to PetNewswire and its licensors. If
you violate any of these Terms and Conditions, your permission to use the Content
automatically terminates and you must immediately destroy any copies you have
made of any portion of the Content. LIABILITY
OF PetNewswire AND ITS LICENSORS. The use of the PetNewswire Site and the Content
is at your own risk. When using the PetNewswire Site, information will be transmitted
over a medium that is beyond the control and jurisdiction of PetNewswire and its
suppliers. Accordingly, PetNewswire assumes no liability for or relating to the
delay, failure, interruption, or corruption of any data or other information transmitted
in connection with use of the PetNewswire Site. The
PetNewswire Site and the content are provided on an "as is" basis. PetNewswire,
ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, PetNewswire,
its licensors, and its suppliers make no representations or warranties about the
following: The
accuracy, reliability, completeness, currentness, or timeliness of the Content,
software, text, graphics, links, or communications provided on or through the
use of the PetNewswire Site or PetNewswire. The
satisfaction of government regulations requiring disclosure of information on
prescription drug products with regard to the Content contained on the PetNewswire
Site. In
no event shall PetNewswire, its licensors, its suppliers, or any third parties
mentioned on the PetNewswire Site be liable for any damages (including, without
limitation, incidental and consequential damages, personal injury/wrongful death,
lost profits, or damages resulting from lost data or business interruption) resulting
from the use or inability to use the PetNewswire Site or the Content, whether
based on warranty, contract, tort, or any other legal theory, and whether or not
PetNewswire is advised of the possibility of such damages. PetNewswire shall be
liable only to the extent of actual damages incurred by you, not to exceed U.S.$1000.
PetNewswire is not liable for any personal injury, including death, caused by
your use or misuse of the Site, Content, or Public Area (as defined below). Any
claims arising in connection with your use of the Site, any Content, or the Public
Areas must be brought within one (1) year of the date of the event giving rise
to such action occurred. Remedies under these Terms and Conditions are exclusive
and are limited to those expressly provided for in these Terms and Conditions. USER
SUBMISSIONS. You agree that you will not upload or transmit any communications
or content of any type that infringe or violate any rights of any party. By submitting
communications or content to any part of this Site, you agree that such submission
is non-confidential for all purposes. If you make any such submission, you automatically
grant--or warrant that the owner of such content has expressly granted--PetNewswire
a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate, distribute,
perform, and display the communication or content in any media or medium, or any
form, format, or forum now known or hereafter developed. PetNewswire may sublicense
its rights through multiple tiers of sublicenses. PetNewswire
Public Areas. If you use a Public Area, you are solely responsible for your own
communications, the consequences of posting those communications, and your reliance
on any communications found in the Public Areas. PetNewswire is not responsible
for the consequences of any communications in the Public Areas. In cases where
you feel threatened or believe someone else is in danger, you should contact your
local law enforcement agency immediately. If you think you may have a medical
emergency, call your doctor or 911 immediately. In
consideration of being allowed to use the Public Areas, you agree that the following
actions shall constitute a material breach of these Terms and Conditions: Using
a Public Area for any purpose in violation of local, state, national, or international
laws; Posting material that infringes on the intellectual property rights
of others or on the privacy or publicity rights of others; Posting material
that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous,
hateful, or embarrassing to any other person or entity as determined by PetNewswire
in its sole discretion; Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue,
or posting comments that are not related to the topic being discussed (unless
it is clear the discussion is free-form); Posting chain letters or pyramid
schemes; Impersonating another person; Distributing viruses or other harmful
computer code; Harvesting or otherwise collecting information about others,
including email addresses, without their consent; Allowing any other person
or entity to use your identification for posting or viewing comments; Posting
the same note more than once or "spamming"; or Engaging in any other
conduct that restricts or inhibits any other person from using or enjoying the
Public Area or the Site, or which, in the judgment of PetNewswire, exposes PetNewswire
or any of its customers or suppliers to any liability or detriment of any type.
PetNewswire reserves the right (but is not obligated) to do any or all of
the following: Record the dialogue in public chat rooms. Investigate an
allegation that a communication(s) do(es) not conform to the terms of this section
and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise
fail to conform with these Terms and Conditions. Terminate a user's access
to any or all Public Areas and/or the PetNewswire Site upon any breach of these
Terms and Conditions. Monitor, edit, or disclose any communication in the
Public Areas. Edit or delete any communication(s) posted on the PetNewswire
Site, regardless of whether such communication(s) violate these standards. PetNewswire
reserves the right to take any action it deems necessary to protect the personal
safety of our guests or the public. PetNewswire has no liability or responsibility
to users of the PetNewswire Site or any other person or entity for performance
or nonperformance of the aforementioned activities.
ADVERTISEMENTS
AND LINKS TO OTHER SITES. PetNewswire does not endorse the content on any third-party
websites. PetNewswire is not responsible for the content of linked third-party
sites, sites framed within the PetNewswire Site, or third-party advertisements,
and does not make any representations regarding their content or accuracy. Your
use of third-party websites is at your own risk and subject to the terms and conditions
of use for such sites. PetNewswire does not endorse any product advertised on
the PetNewswire Site. INDEMNITY. You
agree to defend, indemnify, and hold PetNewswire, its officers, directors, employees,
agents, licensors, and suppliers, harmless from and against any claims, actions
or demands, liabilities and settlements including without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from, your violation
of these Terms and Conditions. GENERAL. PetNewswire
is based in Knoxville, Tennessee, in the United States of America. PetNewswire
makes no claims that the Content is appropriate or may be downloaded outside of
the United States. Access to the Content may not be legal by certain persons or
in certain countries. If you access the PetNewswire Site from outside the United
States, you do so at your own risk and are responsible for compliance with the
laws of your jurisdiction. The following provisions survive the expiration or
termination of these Terms and Conditions for any reason whatsoever: Liability,
User Submissions, Indemnity, Jurisdiction, and Complete Agreement. JURISDICTION. You
expressly agree that exclusive jurisdiction for any dispute with PetNewswire,
or in any way relating to your use of the PetNewswire Site, resides in the courts
of the State of Tennessee and you further agree and expressly consent to the exercise
of personal jurisdiction in the courts of the State of Tennessee in connection
with any such dispute including any claim involving PetNewswire or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication providers,
and content providers. These
Terms and Conditions are governed by the internal substantive laws of the State
of Tennessee without respect to its conflict of laws principles. If any provision
of these Terms and Conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of any of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or condition or any other term
or condition. COMPLETE
AGREEMENT. Except as expressly provided in a particular "legal notice"
on the PetNewswire Site, these Terms and Conditions constitute the entire agreement
between you and PetNewswire with respect to the use of the PetNewswire Site, and
Content. Your use of the PetNewswire Site is also subject to the PetNewswire Privacy
Policy. Thank
you for your cooperation. We hope you find the PetNewswire Site helpful and convenient
to use! Questions or comments regarding this Web site should be directed by electronic
mail (petnews@petnewswire.com)
to or via U.S. mail to PetNewswire at 315 Fruitwood Lane; Knoxville, TN 37934. |