Disclaimer and Terms of Use

The file could not be created.
 

Introduction –”Initial Housebreaking.”

PetStyle.com:  the one-stop website meant to inform, educate, entertain, and support pets and their human companions.  At PetStyle.com we want you to come back to us time and again to view our content, be educated and entertained.  Because PetStyle.com is an interactive community, it is very important to us that every member of the “pack” behaves respectfully and according to some basic “obedience training.”  In addition, we want you to know what you can expect from us and what we need from you in return.  Please take a few minutes to review these terms of use.  If, after reviewing these terms of use, you do not agree to the terms, then please exit our site and do not use our services.

First, there are some basic understandings we need to have with our users.  First, by using our website, you are acknowledging that you understand that these Terms of Use constitute an enforceable agreement between us at PetStyle.com (“PetStyle”) and you the user (“User”) about how PetStyle and Users will interact with each other here at PetStyle.com.  For purposes of these Terms of Use, the services offered by PetStyle or through the PetStyle.com website, and any parts or sections thereof including but not limited to message boards, forums, member posts, messages, videos, audio, photos and graphics should be considered part of “PetStyle.com” or “our website.”
 
1.  DogLaw No. 1:  Don’t Depend Completely on the Master

You acknowledge and understand that the contents of PetStyle, such as text, graphics, images, information obtained from PetStyle's licensors, and other material contained on our website are for informational purposes only.  The content of our website is not intended to be a substitute for professional medical or behavioral advice, diagnosis, or treatment.  Always seek the advice of your veterinarian or other qualified animal healthcare provider with any questions you may have regarding a medical or behavioral condition that your pet may suffer from.  Never disregard professional veterinary or medical advice or delay in seeking it because of something you have read or seen on our website.  If you think you may have a medical emergency involving your pet, you should contact your personal veterinarian, or an emergency pet or animal clinic in your area.  Although PetStyle.com does feature information and content from some professionals, PetStyle does not recommend or endorse any veterinary professionals, nor any treatments, products, procedures, opinions, or other information that may be mentioned on our website.  Reliance on any information provided by PetStyle or at PetStyle.com, our employees, others appearing on our website at the invitation of PetStyle, or other visitors, Users or Members is solely at your own risk.
 
2.  DogLaw No. 2 – Don’t Try to Fool the Master.

You agree that any information you provide about yourself is accurate and complete information at the time provided.  In particular, you represent that you are either:  13 years of age or older; or acting under the direct guidance and supervision of a parent or legal guardian.  In addition, you agree to update any information provided to PetStyle to keep it accurate and complete.  If you become a Member of PetStyle, your failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for PetStyle to suspend or terminate your membership and refuse you service in the future.

3.  Purrrr-Fect Privacy.

Information and data provided by you or collected as a result of your visits to our website is subject to our Privacy Policy.  This policy, as updated from time to time, may be found at www.petstyle.com/privacy.aspxand is incorporated into these Terms of Use in its entirety.
 
CHILDREN'S PRIVACY.

We are committed to protecting the privacy of children. You should be aware that our website 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.
 
4.  Kennel Rules:  Intellectual Property.

Certain names, logos, and/or phrases on our site are trademarks of PetStyle or its advertisers and partners.  In particular, the marks PETSTYLE, PETSTYLE.COM, LIFESTYLE CENTRAL, the PetStyle logo, as well as the trade dress associated with PetStyle are the sole property of The Pet Entertainment Network, Inc.  Users may make no use of our trademarks without our express written consent.

In addition, except as otherwise indicated, this website and its entire contents (including, but not limited to, the text, video, information, software, graphics, images, sound, and animation) are owned by PetStyle and are protected by domestic and international copyright, trademark, and other intellectual property laws.  All copyrightable text and graphics, the selection, arrangement, and presentation of all materials, and the overall design of this website are © 2006 The Pet Entertainment Network, Inc.  All rights reserved.  Permission is granted to Users to download and print materials from this website for the sole purposes of non-commercial viewing, reading, and retaining for reference.  Any other copying, distribution, retransmission, performance, display or modification of information or materials on this website, whether in electronic or other form, without our express prior written permission  is strictly prohibited.

By posting a message, or any other content, or submitting materials or content to PetStyle or our website, Users expressly grant to PetStyle a nonexclusive, non-revocable, royalty-free worldwide license to use, publish, reproduce, distribute, display, perform, modify, adapt, translate and create other works based upon such content.  You also represent that you have all necessary rights to use, publish, reproduce, distribute, display, perform, modify, adapt, translate and create derivative works based upon any such materials or content you post or upload to our website.  Finally, if you send to PetStyle, or post any photos, video or graphic content to our website that includes a photo or likeness of you, you agree to release PetStyle from all claims and hereby waive all claims relating to the use and reproduction of your photo, name, image, and likeness in all media and for all purposes.
 
Please do not send to PetStyle or post on any PetStyle forum anything that constitutes a trade secret, confidential or proprietary information.  We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas.  You agree that any information or materials that you, or individuals acting on your behalf, provide to PetStyle will not be considered confidential or proprietary.
 
If you believe that your copyrighted material has been posted to PetStyle without permission, please see below (paragraph 9) for our policy regarding its removal.
 
5.  Howling At The Moon - Just One Dog’s (Possibly Flawed) Opinion

PetStyle includes information and content generated from a wide variety of sources, including board certified veterinarians, trainers, and other professional service providers, as well as, other Users and PetStyle Members.  Users should understand that PetStyle is a good place to review and share information and thoughts about petcare -- but the information is largely informational and represents a limited number of opinions.  PetStyle cannot guarantee the timeliness, accuracy, efficacy, or veracity of any information provided at PetStyle, nor the efficiency or applicability of any advice, opinions or content as they may be interpreted and applied to your pet.  PetStyle and PetStyle's staff are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated on our website, or for any results obtained from the use of such information or advice.  PetStyle will not be liable for any loss or damage suffered by a User through the User's reliance on information, content and advice appearing on our website.
 
6.  Basic Obedience -- Avoiding The “Dog House.”

PetStyle is concerned about the enjoyment, safety and privacy of all its Users, including children that may be using the website under parental supervision..  Please remember that  the PetStyle website is designed to inform, educate, entertain, and support pet owners and pet lovers everywhere, and as a result our website has a diverse audience.  Accordingly, it is the responsibility of Users to be respectful of the thoughts, opinions and postings of other Users.  In addition, we ask parents and legal guardians of our younger pet owners  to monitor the online activities of their children and to determine whether any parts of our site are inappropriate for your child.

To avoid being placed in the “dog house” and/or losing Member privileges, we ask Users and Members to follow some basic guidelines when submitting content to us or participating in any forums or interactive activities at our website.  Users who engage in any of the following activities may lose membership privileges, be barred from further use of our website and/or be subject to legal action, fines and penalties.  Please do not:

    *  use any vulgar, obscene, pornographic, seditious, insulting, demeaning, or racially charged or tinged, or otherwise objectionable language.
    *  engage in any libelous, defamatory, harassing, slanderous or intimidating, speech, behavior or posting.
    *   impersonate any person, including, but not limited to, other Users, or employees of PetStyle.
    *   post, distribute, transmit, or promote infringing or illegal content, including content that is the property of any third party.
    *   hack or attempt to hack the account information of another User or any information, data or content on our website or that may reside behind our firewall, on our servers and/or in our non-public files;
    *  take any action or post any materials that are harmful to minors or pets.
    *  manipulate or forge identifiers in order to disguise the origin of any information or content posted on PetStyle
    *  post, provide, transmit, distribute or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
    * post, provide, transmit, distribute or otherwise making available any junk mail, spam or unauthorized commercial email.
    * post, provide, transmit, distribute, upload, email, or otherwise transmit any material that contains any malicious computer code (including spyware, adware, worms, Trojan horses, viruses, etc.).
    * post, provide, transmit, distribute or otherwise make available any information which violates regulations promulgated by any state or federal agency, including the Securities and Exchange Commission, or any other securities exchange, such as the New York Stock Exchange.
    * collect, store or post any personal data about or of other Users.
    * solicit or promote any other business or commercial enterprise or opportunity on any message board, in any chat room, or in any online or interactive forum on PetStyle.com.
 
7.  Who Let the Dogs Out???: Links To Other Websites And Services.

To the extent that our website contains links to other websites and outside services and resources, we do not control the availability and content of those websites, services or resources, nor do we endorse the products, services or content available at or through such other websites.  Viewing other websites or utilizing outside services and resources is done at your own risk.
 
8.  Changing the Cat’s Pajamas- Modifications to  Our Services.

PetStyle reserves the right from time to time to make modifications and changes to our website, services, policies and these Terms and Conditions.  These modifications and changes may include, discontinuing, temporarily or permanently, any service offered by, or through PetStyle, including “Members” only services,  with or without notice.  You agree that PetStyle shall not be liable to you or to any other party for any changes and modifications to our website.  You further agree to abide by and be bound by any and all changes to our policies and these Terms and Conditions.
 
9.  No Copycats:  Digital Millennium Copyright Notice .

Copyright Complaints

We respect the intellectual property of others, and we ask you to do the same.  We may, in appropriate circumstances and at our sole discretion, terminate the access of Users or Members who infringe the copyright or other intellectual property rights of others.

If you believe that your work has been copied and is accessible at our website in a way that constitutes copyright infringement, or that our website contains links or other references to another online location that contains material or activity that infringes your copyright or other rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.

Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows:

BY MAIL:  PetStyle, Attention DMCA Compliance, 2875 N. E. 191st Street, Suite 400, Aventura, Florida 33180

BY TELEPHONE:  305.370.7112
BY FACSIMILE:  786.206.7021
BY E-MAIL:  customerservice@petstyle.com

Repeat infringers will be terminated.
 
10.  Leader of the Pack – Becoming a PetStyle Member.

PetStyle is happy to offer its Users certain "Members only" benefits, including, by way of example, access to specialized content and forums and Member-uploaded video. In order to become a Member, Users must "register" with our website by filling out the form attached at www.petstyle.com/pet-profiles/signup.aspx, agreeing to our membership terms, and expressly agreeing to be bound by these Terms and Conditions by clicking the “I Agree” button at the end of the registration form.  PetStyle Members are solely responsible for maintaining the security of their Member accounts.  Members expressly agree not to allow any third parties to use or access their account and to promptly change their account password and/or username in the event that said password or secure access is compromised in any way.
 
11.  Cutting the Leash.  PetStyle’s Right To Terminate.

You agree that, under certain circumstances and without prior notice, PetStyle may terminate your access to PetStyle, including purging your Member account and any material and information associated with your Member account (including your User name, password, registry and profile).  Cause for such termination shall include,, violation of these Terms of Use or your Member agreement.  You acknowledge and agree that all terminations for cause shall be made in sole discretion of PetStyle and that PetStyle shall not be liable to you or any other party for the termination of your access to our website or the purging of any material.

12.  More Serious DogRules.  Legal Disclaimers.  Please Read .

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK.  THE SERVICES PROVIDED IN OUR AREA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  PETSTYLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, PETSTYLE EXPRESSLY DISCLAIMS THE ACCURACY, COMPLETENESS, APPLICABILITY, EFFICACY AND TIMELINESS OF THE CONTENT, MATERIALS AND DATA OF ITS WEBSITE.

PETSTYLE MAKES NO WARRANTY THAT:  (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL POSTED, AVAILABLE, OBTAINED BY YOU THROUGH OUR WEBSITE OR THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, AND (v)THERE ARE NO ERRORS IN THE OPERATION OF OUR WEBSITE AND SERVICES INCLUDING THE OPERATION OF ANY SOFTWARE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR HARM TO YOU, YOUR PETS, YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM USE OR DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PETSTYLE OR FROM ANY SERVICE PROVIDED THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PETSTYLE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES RELATING TO PETSTYLE.COM OR ANY OF THE CONTENT OR SERVICES APPEARING ON PETSTYLE.COM.  THIS LIMITATION ON LIABILITY APPLIES EVEN IF PETSTYLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
13.  Final Wags.  More Basic Rules.

a)         You agree that PetStyle may access, maintain, and disclose information you provide to PetStyle if required to do so by law or if PetStyle, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to:  (i) comply with any legal process; (ii) enforce PetStyle's Terms of Use; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of PetStyle, its vendors, Members, Users and/or the general public.

b)         You agree to indemnify and hold harmless PetStyle, its subsidiaries, successors, affiliates, directors, officers, agents, vendors or other partners, and employees,(the” PetStyle Indemnitees”) from any claim, cause of action, suit, proceeding or any other demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you in our website, or by your use of our website, or by your violation of PetStyle's Terms of Use, or your violation of the rights of another.

c)         The Terms of Use constitute the entire agreement between you and PetStyle and govern your use of our website and any services offered in our website.  This agreement supercedes any prior terms of use agreements between you and PetStyle.

d)         The Terms of Use and the relationship between you and PetStyle shall be governed by the internal substantive laws of the State of Florida, without regard to its conflict of law provisions.  You and PetStyle agree to submit to the personal and exclusive jurisdiction of the  federal or state courts located in Dade County, Florida.  You hereby waive any right to trial by jury or to participate in any class action involving the PetStyle Indemnitees.

e)         The failure of PetStyle to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of use shall remain in full force and effect.

f)          You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any services provided in our website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

g)         The titles and other headings in the Terms of Use are for convenience only and have no legal or contractual effect.  The terms “include” and “including” shall be illustrative and not limitative.

These Terms of Use were last updated on December 6, 2008.