The PuppySpot.com website is operated by PuppySpot Group, LLC ("PuppySpot"), a Florida Limited Liability Company. By using PuppySpot, You are indicating your acceptance to be bound by the provisions of these Terms of Use. PuppySpot, may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on You. The terms You and User as used herein refer to all individuals and/or entities accessing this web site for any reason. The term Company as used herein refers to PuppySpot Group, LLC.
Eligibility.
You must be 18 years of age or older to visit or use PuppySpot in any manner. By visiting PuppySpot or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use PuppySpot in a manner consistent with any and all applicable laws and regulations.
Use of PuppySpot Content.
The Company authorizes You to view and access a single copy of the content available on or from PuppySpot solely for your personal use. The contents of PuppySpot, and of all other websites under the Companys control, whether partial or otherwise (PuppySpot and such other websites are sometimes collectively referred to as PuppySpot Sites) such as text, graphics, images, logos, button icons, software and other PuppySpot Content (collectively, PuppySpot Content), are protected under both United States and foreign copyright, trademark and other laws. All PuppySpot Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the PuppySpot Sites are the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the PuppySpot Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original PuppySpot Content on any copy You make of the PuppySpot Content. You may not sell or modify the PuppySpot Content or reproduce, display, publicly perform, distribute, or otherwise use the PuppySpot Content in any way for any public or commercial purpose. The use of the PuppySpot Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any PuppySpot Content or the pages making up any PuppySpot Site which is also protected by the Companys copyright.
PuppySpot Site Restrictions.
Users may not use any PuppySpot Site in order to transmit, distribute, store or destroy material, including without limitation PuppySpot Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of any PuppySpot Site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any PuppySpot Site, overloading, flooding, spamming, mailbombing or crashing; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses.
The dog posting features of PuppySpot may be used only for lawful purposes by individuals seeking pets and breeders seeking to sell and market pets.
The Company specifically prohibits any other use of PuppySpot, and all Users agree not to do any of the following: (a) post any dogs on any PuppySpot Site for any competitor of PuppySpot or posting dogs or other content that contains links to any site competitive with PuppySpot; (b) post dogs or content on any PuppySpot Site that contain any hyperlinks, hidden keywords or any keywords that are irrelevant to the dog or are otherwise misleading contained in a dog posting are prohibited; post dogs for modeling or talent or talent scouting positions; (c) post or submit to any PuppySpot Site any incomplete, false or inaccurate information or information which is not correct; (d) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any PuppySpot Site; (d) delete or revise any material posted by any other person or entity; (f) take any action that imposes an unreasonable or disproportionately large load on any PuppySpot Sites infrastructure; (g) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any PuppySpot Site other than the search available from the Company on such PuppySpot Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (h) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any PuppySpot Site; (i) aggregate, copy or duplicate in any manner any of the PuppySpot Content or information available from any PuppySpot Site; or (j) frame or link to any of PuppySpot Content or information available from any PuppySpot Site.
Registration Information.
When You register with any PuppySpot Site, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your Information). In addition to the Terms of Use and any privacy policy applicable to any PuppySpot Web Site, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.
The Company reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Companys Privacy Statement for further details regarding your Information.
Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, PuppySpot does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the PuppySpot or any other PuppySpot Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.
Registration and Password.
You are responsible for maintaining the confidentiality of your PuppySpot Account. You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your PuppySpot Account passwords.
Content Posted by you on PuppySpot.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the PuppySpot website. You will not provide inaccurate, misleading or false information regarding your post. If information provided to PuppySpot, subsequently becomes inaccurate, misleading or false, you will promptly notify PuppySpot of such change.
By posting on the PuppySpot website, you automatically grant, represent and warrant to PuppySpot Group, LLC, its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information, and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing without any compensation to you. You further represent and warrant that public posting and use of your content by PuppySpot will not infringe or violate the rights of any third party.
Cookies.
PuppySpot may collect and receive the URL you came from, the pages of PuppySpot website that were viewed during a visit, the advertisements you clicked, any search terms that you entered to reach our site, and certain other information regarding your Internet use. Some of the third party links contained within our web site may also make use of "cookie" technology to measure site activity, determine how you arrived at their site, and maintain your identity as you navigate through the website. PuppySpot's website does not require cookies to allow you to view the pages contained within our site.
Removal.
PuppySpot will never send unsolicited email. All email that is sent by PuppySpot is sent to persons who have contacted us in the past and have had a business contact with PuppySpot of some kind, or individuals that have subscribed to a particular service, contest, or other subscription. All requests to be removed from further contact with PuppySpot will be honored. If you have filled out a form at PuppySpot and wish to be removed from email solicitations, just send us an email with the word "DO NOT EMAIL" in the subject line along with any email addresses you are subscribed with.
The Company's Liability.
The PuppySpot Sites and the PuppySpot Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any PuppySpot Site or the PuppySpot Content. Changes are periodically made to PuppySpot Sites and may be made at any time.
Disclaimer of Warranty.
THE COMPANY DOES NOT WARRANT THAT ANY PUPPYSPOT.COM SITE WILL OPERATE ERROR-FREE OR THAT ANY PUPPYSPOT.COM SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY PUPPYSPOT.COM SITE OR THE PUPPYSPOT.COM CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE PUPPYSPOT.COM SITES AND PUPPYSPOT.COM CONTENT ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PUPPYSPOT.COM CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY PUPPYSPOT.COM SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY PUPPYSPOT.COM SITE AND THE PUPPYSPOT.COM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability.
PUPPYSPOT.COMS MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY PUPPYSPOT.COM SITE OR YOUR USE OF THE PUPPYSPOT.COM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $25.
Links to Other Sites.
PuppySpot and certain other PuppySpot Sites contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any PuppySpot Site.
Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any PuppySpot Site, (ii) your use of any PuppySpot Content, or (iii) your breach of the terms of these Terms of Use. The Company shall provide notice to You promptly of any such claim, suit, or proceeding.
General.
The Company makes no claims that the PuppySpot Content may be lawfully viewed or accessed outside of the United States. Access to the PuppySpot Content may not be legal by certain persons or in certain countries. If You access a PuppySpot or other U.S.-based PuppySpot Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The mailing address for PuppySpot Group, LLC is 5722 South Flamingo Road #254, Cooper City, FL 33330-3206. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Broward County, Florida. If any provision of these Terms of Use are 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 of Use , which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of PuppySpot, a particular Legal Notice, or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between You and the Company with respect to the use of PuppySpot. No changes to these Terms of Use shall be made except by a revised posting on this page.
Additional Terms of Use.
Certain areas of PuppySpot and the other PuppySpot Sites are subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas.
Term and Termination
These Terms of Use will remain in full force and effect while You are a User of PuppySpot at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from PuppySpot and the other PuppySpot Sites and immediate termination of your registration with or ability to access PuppySpot and the other PuppySpot Sites and/or any other services provided to You by the Company, upon any breach by You of these Terms of Use or if the Company is unable to verify or authenticate any information You submit to PuppySpot or other PuppySpot Site registration.