Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing
Website.
Effective Date: This Terms of Use Agreement was last
updated on 7/1/07.
This Terms of Use Agreement sets forth the standards of
use of the GalacticPet.Com Online Service. By using the
GalacticPet.Com website you (the “Member”) agree to these
terms and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this
website. We reserve the right, at any time, to modify, alter, or
update the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately upon being
posted at GalacticPet.Com website. Your continued use of the Service
after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided
in this paragraph, this Agreement may not be amended.
Description of Service
GalacticPet.Com is providing Member with website
membership services. Member must provide (1) all equipment necessary
for their own Internet connection, including computer and modem and
(2) provide for Member’s access to the Internet, and (3) pay
any fees relate with such connection.
Disclaimer of Warranties
The site is provided by GalacticPet.Com on an “as
is” and on an “as available” basis. To the fullest
extent permitted by applicable law, GalacticPet.Com makes no
representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its
correctness, accuracy, reliability, or otherwise. GalacticPet.Com
shall have no liability for any interruptions in the use of this
Website. GalacticPet.Com disclaims all warranties with regard to the
information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced exclusion is
inapplicable.
Limitation of Liability
GalacticPet.Com SHALL NOT be
liable for any damages whatsoever, and in particular GalacticPet.Com
shall not be liable for any special, indirect, consequential, or
incidental damages, or damages for lost profits, loss of revenue, or
loss of use, arising out of or related to this web site or the
information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise,
even if GalacticPet.Com has been advised of the possibility of such
damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold GalacticPet.Com, its
parents, subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys’ fees
and costs, made by any third party due to or arising out of Member’s
use of the Service, the violation of this Agreement, or infringement
by Member, or other user of the Service using Member’s
computer, of any intellectual property or any other right of any
person or entity.
Modifications and Interruption to Service
GalacticPet.Com reserves the right to modify or
discontinue the Service with or without notice to the Member.
GalacticPet.Com shall not be liable to Member or any third party
should GalacticPet.Com exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that GalacticPet.Com
does not guarantee continuous, uninterrupted or secure access to our
website and operation of our website may be interfered with or
adversely affected by numerous factors or circumstances outside of
our control.
Third-Party Sites
Our website may include links to other sites on the
Internet that are owned and operated by online merchants and other
third parties. You acknowledge that we are not responsible for the
availability of, or the content located on or through, any
third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns
regarding such links or the content located on such sites. Your use
of those third-party sites is subject to the terms of use and privacy
policies of each site, and we are not responsible therein. We
encourage all Members to review said privacy policies of
third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either
been provided by the Vendors or collected from publicly available
sources. While GalacticPet.Com makes every effort to ensure that the
information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability of
any information provided on this website.
GalacticPet.Com makes no warranties or representations
whatsoever with regard to any product provided or offered by any
Vendor, and you acknowledge that any reliance on representations and
warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts Connecticut
Our website is operated and provided in the State of
Connecticut. As such, we are subject to the laws of the State
Connecticut, and such laws will govern this Terms of Use, without
giving effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose to
access our site you agree to do so subject to the internal laws of
the State Connecticut.
Compliance with Laws.
Member assumes all knowledge of applicable law and is
responsible for compliance with any such laws. Member may not use
the Service in any way that violates applicable state, federal, or
international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national,
or international law or regulation.
Copyright and Trademark Information
All content included or available on this site,
including site design, text, graphics, interfaces, and the selection
and arrangements thereof is ©2006 GalacticPet.Com, with all
rights reserved, or is the property of GalacticPet.Com and/or third
parties protected by intellectual property rights. Any use of
materials on the website, including reproduction for purposes other
than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of an
authorized officer of GalacticPet.Com is strictly prohibited.
Members agree that they will not use any robot, spider, or other
automatic device, or manual process to monitor or copy our web pages
or the content contained therein without prior written permission of
an authorized officer of GalacticPet.Com.
GalacticPet.Com ™ and
GalacticPet.Com LLC.™ are proprietary marks of GalacticPet.Com
LLC. GalacticPet.Com’s trademarks may not be used in
connection with any product or service that is not provided by
GalacticPet.Com LLC, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits
GalacticPet.Com LLC.
All other trademarks displayed on GalacticPet.Com’s
website are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors. In
addition, such use of trademarks or links to the web sites of Vendors
is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with GalacticPet.Com LLC.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision
Act, as enacted through the Digital Millennium Copyright Act,
GalacticPet.Com designates the following individual as its agent for
receipt of notifications of claimed copyright infringement.
By Mail
GalacticPet.Com LLC
99 Citizens Drive
Glastonbury, CT 06033
By Email: copyrightnotifications@GalacticPet.Com
Botnets
GalacticPet.Com retains the right,
at our sole discretion, to terminate any accounts involved with
botnets and related activities. If any hostnames are used as command
and control points for botnets, GalacticPet.Com reserves the right to
direct the involved hostnames to a honeypot, loopback address,
logging facility, or any other destination at our discretion.
Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other provisions
(and any partially-enforceable provision) shall not be affected
thereby and shall remain valid and enforceable to the maximum
possible extent. You agree that this Terms of Use Agreement and any
other agreements referenced herein may be assigned by
GalacticPet.Com, in our sole discretion, to a third party in the
event of a merger or acquisition. This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any other
written agreement between us in relation to your participation as a
Member. Member agrees that by accepting this Terms of Use Agreement,
Member is consenting to the use and disclosure of their personally
identifiable information and other practices described in our Privacy
Policy Statement.
DISCLAIMER FOR INTERACTIVE SERVICES
GalacticPet.Com maintains the
interactive portion(s) of their Web site as a service. By using any
interactive services provided herein, you are agreeing to comply with
and be bound by the terms, conditions and notices relating to its
use.
1. As a condition of your use of this Web site and
the interactive services contained therein, you represent and warrant
to GalacticPet.Com that you will not use this Web site for any
purpose that is unlawful or prohibited by these terms, conditions,
and notices.
2. In registering
with GalacticPet.Com you the registered user agree to the
following
A. You the member of
GalacticPet.Com will not use the rating system to
rate a service or product provider you are currently employed by
or have ownership in.
B. You further agree that as an
employee/owner of a business, you
will not use this rating service to rate competing providers.
C. You the member of
GalacticPet.Com will be truthful, fair, and accurate
in your rating of service or product providers. Subjective comments
will be restricted to positive feed back or constructive criticisms
and shall not contain profanity or slanderous statements.
The
use of profanity Illegal, or slanderous and or libelous statements
will result in the removal of such statements from the rating
and may result in termination of the GalacticPet.Com membership
and or legal action by the provider being effected by such
statements.
D. You the member of
GalacticPet.Com will restrict your ratings of any
single provider to one vote per 14 days.
3. This Web site contains
one or more of the following interactive services: bulletin boards,
chat areas, news groups, forums, communities and/or other message or
communication facilities. You agree to use such services only
to send and receive messages and material that are proper and related
to the particular service, area, group, forum, community or other
message or communication facility. In addition to any other terms or
conditions of use of any bulletin board services, chat areas, news
groups, forums, communities and/or other message or communication
facilities, you agree that when using one, you will not:
·
Publish, post, upload, distribute or disseminate any inappropriate,
profane, derogatory,
defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or
information.
· Upload
files that contain software or other material protected by
intellectual property laws
or by rights of privacy of publicity unless you own or control such rights or have
received all necessary consents.
·
Upload files that contain viruses, corrupted files, or any other
similar software or
programs that may damage the operation of another's computer.
· Advertise any goods or
services for any commercial purpose.
·
Offer to sell any goods or services for any commercial purpose.
· Conduct or forward
chain letters or pyramid schemes.
·
Download for distribution in any manner any file posted by another
user of a forum that you
know, or reasonably should know, cannot be legally distributed
in such manner.
·
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of
privacy and publicity) of others.
·
Falsify or delete any author attributions, legal or other proper
notices, proprietary
designations, labels of the origin, source of software or other material contained in a
file that is uploaded.
·
Restrict or inhibit any other user from using and enjoying any of the
bulletin board services,
chat areas, news groups, forums, communities and/or other message or communication
facilities.
4. GalacticPet.Com has no obligation to
monitor the bulletin board services, chat areas, news groups, forums,
communities and/or other message or communication facilities.
However, GalacticPet.Com reserves the right at all times to disclose
any information deemed by GalacticPet.Com necessary to satisfy any
applicable law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or materials, in
whole or in part.
5. You acknowledge that
communications to or with bulletin board services, chat areas, news
groups, forums, communities and/or other message or communication
facilities are not private communications, therefore others may read
your communications without your knowledge. You should always use
caution when providing any personal information about yourself or
your children. GalacticPet.Com does not control or endorse the
content, messages or information found in any bulletin board
services, chat areas, news groups, forums, communities and/or other
message or communication facilities and, specifically disclaims any
liability with regard to same and any actions resulting from your
participation. To the extent that there are moderators, forum
managers or hosts, none are authorized GalacticPet.Com spokespersons,
and their views do not necessarily reflect those of
GalacticPet.Com
6. The information, products, and
services included on this Web site may include inaccuracies or
typographical errors. Changes are periodically added to the
information herein. GalacticPet.Com may make improvements and/or
changes in this Web site at any time. Advice received via this Web
site should not be relied upon for personal, legal or financial
decisions and you should consult an appropriate professional for
specific advice tailored to your situation.
7. GalacticPet.Com makes no representations about the suitability,
reliability, timeliness, and accuracy of the information, products,
and services contained on this web site for any purpose. All such
information, products, and services are provided "as is"
without warranty of any kind.
8. GalacticPet.Com
hereby disclaims all warranties and conditions with regard to the
information, products, and services contained on this web site,
including all implied warranties and conditions of merchantability,
fitness for a particular purpose, title and non-infringement.
9. In
no event shall GalacticPet.Com be liable for any direct, indirect,
punitive, incidental, special, consequential damages or any damages
whatsoever including, without limitation, damages for loss of use,
data or profits, arising out of or in any way connected
·
with the use or performance of this web site,
·
with the delay or inability to use this web site,
·
with the provision of or failure to provide services, or
·
for any information, software, products, services and related
graphics obtained through this web site, or otherwise arising out of
the use of this web site, whether based on contract, tort, strict
liability or otherwise, even if GalacticPet.Com has been advised of
the possibility of damages.
10. Due to the fact that
certain jurisdictions do not permit or recognize an exclusion or
limitation of liability for consequential or incidental damages, the
above limitation may not apply to you. If you are dissatisfied with
any portion of this web site, or with any of these terms of use, your
sole and exclusive remedy is to discontinue using this web
site.
11. GalacticPet.Com reserves the right in its
sole discretion to deny any user access to this Web site, any
interactive service herein, or any portion of this Web site without
notice, and the right to change the terms, conditions, and notices
under which this Web site is offered.
12. This
Agreement contains the entire agreement between the parties relating
to the subject matter hereof and supersedes any and all prior
agreements or understandings, written or oral, between the parties
related to the subject matter hereof. No modification of this
Agreement shall be valid unless made in writing and signed by both of
the parties hereto.
13. This Agreement shall be governed by
and construed in accordance with the laws of the State of
Connecticut. Exclusive jurisdiction and venue
shall be in the Hartford County, Connecticut
Superior Court.
Binding
Effect. This Agreement shall be binding upon all who use
GalacticPet.Com’s services, property, and other assets
mentioned in this agreement with respect to this Web site and
associated content, and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written
with respect to this Web site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and
maintained in printed form. Fictitious names of companies, products,
people, characters and/or data mentioned herein are not intended to
represent any real individual, company, product or event. Any rights
not expressly granted herein are reserved.
Advertisers:
We have chosen
to be a membership based site so that we remain un-beholden to
advertisers. Only those who have been highly rated or proven to be
exceptional by will be given the opportunity to advertise on
GalcticPet.com. If an advertisement is granted on GalacticPet.Com, the purchase of advertising will not in any way affect the
providers rating.