TERMS OF USE

Welcome to the Pet Alert web site, http://www.petalert.com.au/. These Terms of Use apply exclusively to your access to, and use of, the site so please read them carefully. Pet Alert reserves the right to change or modify any of the Terms of Use, any policy or guideline of the site, at any time and in its sole discretion at any time in the future without further notice. Any changes or modification will be effective upon posting of the revisions on the site. It is your responsibility to review these Terms of Use whenever accessing the site. Your continued use of this site constitutes your acceptance of the new Terms of Use.

By accessing, browsing, and using this site, you agree to be bound by the Terms of Use described below and all policies and guidelines incorporated by reference. If you do not agree to these site terms or any subsequent modification, do not access, browse or otherwise use this site.

If you have any questions regarding the using or navigating around the Site, please refer first to the Help Page. If you have any other questions or comments about the Site or its contents you should Contact Us directly.

Privacy Policy

Pet Alert believes strongly in protecting user privacy so you should refer to our Privacy Policy to fully understand how Pet Alert uses and collects personal identifying information. The Privacy Policy is expressly incorporated herein by reference.

The Services

Subject to these Terms of Use, Pet Alert offers you access to a range of services, including but not limited to the Online Animal, Lost, Found and Adoption Database; Animal Welfare and Rights, Resources and Information, Online Forum and Interactive Areas; Newsletters, Tribute Pages and links to Third Party web sites through this Site. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, will be subject to these Terms of Use. You understand and agree that Pet Alert assumes no responsibility for the timeliness, deletion, or failure to store or deliver any communications or personalised settings and that changes to the Services will occur from time to time.

Licenses and Site Access

Subject to your compliance with all the terms of this Agreement, we grant you a limited license to make personal use only of the site. Such grant does not include, without limitation: (a) any resale or commercial use of the site or content therein; (b) making derivative uses of the site or its contents; or (c) use of any data mining, robots, or similar data gathering and extraction methods. Except as expressly stated in these Terms of Use, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Pet Alert or any third party. Elements of the Site. No logo, graphic, sound, image, text or other element from the Site may be copied, reproduced, redistributed or retransmitted unless expressly permitted by Pet Alert.

Any unauthorized use of this site will terminate the permission or license granted by these Terms of Use and may violate applicable law. All violators will be prosecuted to the fullest extent of the law.

Copy Right

All copyrighted and copyrightable materials, including, without limitation, the Pet Alert logo, design, text, graphics, pictures, sound files and other files (the "Materials") and the selection and arrangement thereof are protected by copyright Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Pet Alert or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Pet Alert or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.

You agree to abide by copyright and other laws as well as any additional copyright notices or restrictions contained on the Site. Except as expressly agreed by Pet Alert or the respective copyright owner, you agree not to modify, rent, lease, loan, sell, transfer, assign, distribute, or create derivative works based on the content and Services, or in any way exploit the content in whole or in part.

Pet Alert respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following written information:

• A description of the work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address.

Downloading Content

Should you choose to download any Content from the Service, you must do so in accordance with these Terms of Use.

Online Forum and Interactive Areas (planned area)

Our site will include Online Forum Services and interactive areas for purposes of posting notices regarding animal related topics. These areas shall be used only for non-commercial purposes. By using the Online Forum or interactive areas, you agree not to do any of the following:

• Publish distribute or disseminate by email or uploading to other user areas through the site any User Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; Upload or transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  
• Upload, post, E-mail or otherwise transmit any Content or software that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any person. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  
• Interfere with or disrupt the Services or servers or networks connected to the Services, attempt to hack or attempt to gain unauthorised access to the computer system networks or other accounts connected to the Services through hacking whether by password mining or other means;
  
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  
• Upload, post, E-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation whether lawful or otherwise;
  
• Upload, post, E-mail or otherwise transmit any material that contains software viruses, trojan horses, time bombs, worms, cancelbots, 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;
  
• Interrupt the Services or disrupt the normal flow of dialogue, cause a screen to "scroll" faster, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  
• "Stalk" or otherwise harass another user; or
  
• Collect or store personal data about other users;
  
• Otherwise interfere with the site

Pet Alert takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. We have the right, but not the obligation, to monitor any activity and content associated with its Online Forum and interactive areas. We may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. We reserve the right and have absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. Pet Alert also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

General Submissions

You agree that any Materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Pet Alert, or postings on this Site, are non-confidential. Unless otherwise agreed in writing, by submitting any content to any user-submit areas, you warrant that you are the owner of such content and you expressly grant to Pet Alert the royalty-free, perpetual, irrevocable, non exclusive right and license to use, reproduce, publish, the content in whole or in part and/or to incorporate it in other works in any form, media, without compensation to you. The submission of any Materials to Pet Alert, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in or to the content submitted by you.

Submissions of Newsletters to the Magazine Rack

You agree that any Materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Pet Alert, are non-confidential. Pet Alert takes no responsibility for any consequences of unsolicited material. You agree to full responsibility for any comments, information and opinions of material published on this site your behalf.

You agree not to do any of the following

• Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  
• Upload or transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  
• Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

Linking

Our Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray PET ALERT or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use any PET ALERT logo or other proprietary graphic or trademark of PET ALERT to link to this Site without the express written permission of PET ALERT. This limited right may be revoked at any time.

You may not link to Pet Alert to any Site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful subject matter, names, material or information, or material or information that violates any intellectual property, proprietary, privacy or publicity rights.

Third-Party Sites. Pet Alert makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of any linked site (or any information contained therein). The linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience. When leaving our site, you should be aware that our terms and policies no longer apply, and, therefore, you should review the terms and policies, including privacy and data gathering practices, of that site.

Only A Forum

Petalert.com.au is merely a forum where participating groups, individuals and organisations can post content related to pet and animal rights, welfare and well being subjects. We expressly disclaim any affiliation with, sponsorship of, or control over any animal shelter, adoption network, animal society, pet products and their manufacturers, retailer or suppliers. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute nor imply endorsement, affiliation, or sponsorship thereof. Individuals should use their independent judgement to evaluate the merits of any individual or entity found on this Site. Users of the site are advised to seek their own expert advice to evaluate the merits of any individual, entity or information found on this site.

Termination

Notwithstanding any of these Terms of Use, Pet Alert reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Disclaimers

You expressly agree that use of this site is at your sole risk

This site and the information, Services, Contents, products and materials available through it are provided on an "as-is" and "as available" basis. You expressly agree that use of this Site, including all Content or software distributed by, downloaded or accessed from or through this site or use of the Services, is at your sole risk.

You acknowledge that Pet Alert does not control in any respect any information, products or services offered by Third Parties on or through this Site. Except as otherwise specifically agreed in writing, Pet Alert and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of Content, User Content or products or Services distributed or made available by Third Parties through this Site.

We do not make any warranty that this site or its Content will meet your requirements, or that the site or Content will be uninterrupted, timely, secure or error free, or that defects, if any, will be corrected. Pet Alert does not represent or warrant that materials in this Site or information provided by us via email or other means are accurate, complete, reliable, current or error-free. Nor does Pet Alert make any warranty as to the results that may be obtained from use of the Site or its Content or as to the accuracy, completeness or reliability of any information obtained through use of the site.

Any advice or information, whether oral or written, and whether financial, medical, technical, professional or personal in nature or otherwise, obtained or accessed by you from or through any of the services or the network should be regarded as purely informational, should not be relied upon and shall not create any warranty not expressly stated in these terms.

Indemnity

You the user indemnify Pet Alert, its agents and employees in respect of any loss or damage sustained by it or them as a result of any breach of the terms of this Agreement.

Limitation of Liability

In no event shall Pet Alert be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, even if Pet Alert or authorized representative has been advised of the possibility of such damages, arising out of or in any way connected with the use of this site or the information, materials, content or products contained in, accessed through, or available on this site.

In no event shall the aggregate liability of Pet Alert whether in contract, warranty, tort (including negligence whether active, passive or imputed), product liability, strict liability or other theory arising out of or relating to the use of the site exceed the compensation you paid Pet Alert.

Some states do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

General

The laws of Victoria, Australia govern this Agreement and the parties irrevocably submit to the jurisdiction of the Victorian Courts. Each provision in this Agreement is severable from the others and no severance of a provision will affect any other provision.

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2001 Pet Alert     ALL RIGHTS ARE RESERVED.