
The Service is provided by The Indiana Society for
Prevention of Cruelty to Animals (ISPCA) , whose principal
office is located at 333 N. Highland Avenue , Indianapolis,
Indiana , 46202.
This legal agreement ("Agreement") is made between You
and Us. This Agreement, as it may be amended from time to
time, applies to all users of any ISPCA sites, including but
not limited to: animalrightstube.com, vetslovepets.org,
supervets.org,ispcatv.com, havetolovepets.com,
mycatmylife.com (the "Websites").
You may not use the Service if you are under the age of
18 or you are not able to form legally binding contracts, or
if your membership has been suspended by Us. Please read
this Agreement carefully before registering for the Service.
By registering for the Service, You become a ISPCA member (a
"Member"), and You agree to be bound by the terms and
conditions of this Agreement for as long as You continue to
be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND
CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER FOR THE
SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE
SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE
TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED
UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON
THE SERVICE.
In this Agreement the following terms have the following
meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us
incorporating these terms and conditions for the provision
of the Service, as amended from time to time in the manner
set forth herein;
"We, Us, Our" means ISPCA ; and
"You, Your, Yourself" means the person who registers for the
Service, accepts the terms and conditions of this Agreement
and whose application for membership of the Service is
accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a
Member, You represent and warrant that You are at least 18
years old. By using the Service, You represent and warrant
that You have the right, authority and capacity to enter
into this Agreement and to abide by the terms and conditions
of this Agreement. Your membership for the Service is for
Your sole, personal use. You may not authorize others to use
Your membership, and You may not assign or otherwise
transfer Your account to any other person or entity.
REGISTRATION AND SUBSCRIPTION(HAVETOLOVEPETS.COM): Although
You may register as a Member of the Service , if You wish to
use the Service to initiate most communication with other
members and use certain other elements of the Service, You
must become a Member of ISPCA and pay the fees. This price
list is part of this Agreement and We reserve the right, at
any time, to change any fees or charges for using the
Service. To become a Member, You must register for the
Service. When and if You register to become a Member, You
agree to provide accurate, current and complete information
about Yourself as prompted by Our registration form
("Registration Data"), and to maintain and update Your
information to keep it accurate, current and complete. You
agree that We may rely on Your Registration Data as
accurate, current and complete. You acknowledge that if Your
Registration Data is untrue, inaccurate, not current or
incomplete in any respect, We may terminate this Agreement
and Your use of the Service and, in such event, You shall
not be entitled to a refund of any unused subscription fees.
Although we aim to verify the accuracy of the information
provided by Our Members, We do not verify information in
profiles, and We have no control over, do not guarantee, and
are not responsible for the quality, truth, accuracy,
legality or safety of Our Members.
TERM AND TERMINATION: This Agreement will remain in full
force and effect while You use the Service and/or are a
Member. You may terminate your membership at any time via
the Websites or by sending Us written or email notice of
termination. Either You or We may terminate your membership
by removing your profile, at any time, for any reason, with
or without explanation, effective upon sending written or
email notice to the other party. Upon such termination by Us
without cause, We shall refund, pro rata, any unused portion
of any subscription payments that We have received from You.
In the event that (a) You terminate your subscription or
membership or (b) We determine, in our sole discretion, that
You have violated this Agreement . You shall not be entitled
to, nor shall We be liable to You for, any refund of any
unused portion of any subscription payments We have received
from You, and We may continue to bar Your use of the Service
in the future. Even after membership is terminated, this
Agreement will remain in effect.
PROPRIETARY RIGHTS: You represent and warrant to Us that the
information posted in Your profile, including Your
photograph, is posted by You and that You are the exclusive
author of Your profile and the exclusive owner of Your
photographs. You assign to Us, with full title guarantee,
all copyright in Your profile, Your photographs posted, and
any additional information sent to Us at any time in
connection with Your use of the Service. You waive
absolutely any and all moral rights to be identified as
author of Your profile and owner of Your photograph and any
similar rights in any jurisdiction in the world. In
addition, other Members may post copyrighted information,
which has copyright protection, whether or not it is
identified as copyrighted. Except for that information which
is in the public domain or for which You have been given
express written permission, You will not copy, modify,
publish, transmit, distribute, perform, display, or sell any
such proprietary information. By posting information,
photographs or content on any Service, You automatically
grant, and You represent and warrant that You have the right
to grant, to Us and other members, free of charge, an
irrevocable, perpetual, non-exclusive, royalty-free,
fully-paid, worldwide license to use, copy, perform,
display, promote, publish and distribute such information,
content and photographs and to prepare derivative works of,
or incorporate into other works, such information and
content, and to grant and authorize sub-licenses of the
foregoing.
YOUR USE OF THE SERVICE: As a Member, You agree that:
(1) You will use the Service in a manner consistent with any
and all applicable laws and regulations. You will not
include in Your profile any telephone numbers, street
addresses, last names, other than in response to Our
prompts in the personal or general information sections of
the Websites. You will not engage in advertising to, or
solicitation of, other members to buy or sell any products
or services through the Service. You will not transmit any
chain letters or junk email to other members. To protect Our
members against such conduct, depending on the Website you
Subscribe to, We currently limit the number of messages that
any subscriber may send in a day. You are solely responsible
for Your interactions with other members. We reserve the
right, but have no obligation, to monitor and/or mediate
disputes between You and other members.
(2) You are solely responsible for the content or
information You publish or display (hereinafter, "post") on
the Service, or transmit to other members. You will not post
on the Service, or transmit to other members or to Us or Our
employees, any defamatory, inaccurate, abusive, obscene,
profane, offensive, sexually oriented, threatening,
harassing, racially offensive, or illegal material, or any
material that infringes or violates another party undefined
rights (including, but not limited to, intellectual property
rights, and rights of privacy and publicity). You will not
include in Your profile any offensive language, including
but not limited to offensive anatomical or sexual
references, or offensive sexually suggestive or connotative
language, and You will not post any photos containing nudity
or personal information. We reserve the right, but We have
no obligation, to reject any profile or photo that does not
comply with the prohibitions set forth in this section. We
reserve the right to refuse service to anyone, at our sole
discretion.
(3) By becoming a Member, You agree to accept and consent to
receiving email communications initiated from Us or through
Us including, without limitation: message notification
emails, "Your Match" emails, emails informing you about
events and parties We organize, emails informing You of
changes to the Service and emails informing You of
promotions that either We provide or that are being provided
by third parties. If you choose to respond to promotions
that are provided by third parties and in the course of
doing so, disclose information to any external service
providers, and/or grant them permission to collect
information about you, then their use of your information is
governed by their private policies. Message notification
emails such as "Your Match" emails, emails informing you
about events and parties We organize and emails informing
You of changes to the Service are provided by Us as part of
the operation of the Service and you will receive these
messages for as long as you are Our member. Should You not
wish to receive any of Our email communications, please do
not register with Us for the Service. However, You may
opt-out of receiving Email communications sent from Us or
through Us offering You third party goods or services. To
learn how to do so, visit the Help section of the Websites.
(4) You agree that We have no responsibility or liability
for the deletion, corruption or failure to store any
messages or other content maintained or transmitted by Our
Service. You acknowledge that features, parameters or other
services We provide may change at any time. You acknowledge
that We reserve the right to sign out, terminate, delete or
purge Your account from the Service if it is inactive.
"Inactive" means that you have not signed in to the Service
for a particular period of time, as determined by Us, in Our
sole discretion.
(5) Our customer service employees are here to make your
online experience enjoyable by providing assistance and
guidance to You. When speaking to Our customer service
employees on the telephone or communicating with them by any
other means, You agree not to be abusive, obscene, profane,
offensive, sexually oriented, threatening, harassing or
racially offensive. Should any of Our customer service
employees feel, at any point, threatened or offended by Your
conduct, We reserve the right to immediately terminate Your
membership and You shall not be entitled to the refund of
any subscription payments We have received from You.
We are entitled to investigate and terminate Your membership
if You have misused the Service, or behaved in a way which
could be regarded as inappropriate, unlawful or illegal. The
following is a partial, but not exhaustive, list of the
types of actions that are illegal or prohibited under this
Agreement:
You will not harass or impersonate any person or entity. You
will not use any manual or automatic device or process to
retrieve, index, data mine, or, in any way reproduce or
circumvent the navigational structure or presentation of the
Service or its contents. You will not express or imply that
any of Your statements are endorsed by Us, without Our
specific prior written consent. You will not interfere with
or disrupt any Service or any Website, servers or networks
connected to any Service or Website. You will not post,
distribute or reproduce, in any way, any copyrighted
material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of
such proprietary rights. You will not remove any copyright,
trademark or other proprietary rights notices contained in
the Service or forge headers or otherwise manipulate
identifiers in order to disguise the origin of any
information transmitted through the Service. You will not
use meta tags or code or other devices containing any
reference to Us or the Service or the Website connected to
the Service in order to direct any person to any other
website for any purpose. You will not modify, adapt,
sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the
Service or any software used on or for the Service or cause
or enable others to do so. You will not post, email or
otherwise transmit any material that contains software
viruses or any other computer code, files or programs
designed to interrupt, harm or limit the functionality of
any computer software or hardware.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us
and Our officers, directors, employees, agents and third
parties harmless, for any losses, costs, liabilities or
expenses relating to or arising out of Your use of the
Service, including:
(I) Your breach of this Agreement; (II) any allegation that
any materials that You submit to Us or transmit to the
Service infringe or otherwise violate the copyright,
trademark, trade secret or other intellectual property or
other rights of any third party; and/or (III) Your
activities in connection with the Service. This indemnity
shall be applicable without regard to the negligence of any
party, including any indemnified person.
RELEASE: If You have a dispute with one or more of Our
Members, you release Us (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from any
claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, arising out of or
in any way connected with such dispute.
ONLINE CONTENT: Opinions, advice, statements, offers, or
other information or content made available through the
Service, but not directly by Us, are those of their
respective authors, and should not necessarily be relied
upon. Such authors are solely responsible for such content.
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER
ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY
OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY
ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY
PERSON, RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON
THE SERVICE OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR
THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE
SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN
OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE
LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU
REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS
YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR
PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER
MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL
PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THIS
AGREEMENT, BUT WILL BE TREATED BY US AS PRIVATE TO THE
EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY. All intellectual property rights in
and to the Service are and shall be owned by Us, absolutely.
Those rights include, but are not limited to, database
rights, copyright, design rights (whether registered or
unregistered), patents, trademarks (whether registered or
unregistered) and other similar rights, wherever existing in
the world, together with the right to apply for protection
of the same. All other trademarks, logos, service marks,
company or product names set forth in the Service are the
property of their respective owners.
PRIVACY: The personal information (including sensitive
personal information) You provide to Us will be stored on
computers and/or servers. You consent to the use this
information to create a profile of interests, preferences
and browsing patterns and to allow You to participate in the
Service. You also agree to read, review, comply with, uphold
and maintain Our Privacy Policy and the terms and conditions
thereof. If you are located outside of the United States,
please note that the information that you provide is being
sent to the United States. By becoming a Member of the
Service, you consent to your data being sent to the United
States and to such other third parties and jurisdictions as
may be involved in the provision and operation of the
Service.
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND
GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR
STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR
US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT
THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED,
ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL
MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE
WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO
WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND
AVAILABILITY.
Although each member must agree to Our terms and conditions,
We cannot guarantee that each member is at least the
required minimum age, nor do we accept responsibility or
liability for any content, communication or other use or
access of the Service by persons under the age of 18 in
violation of this Agreement. Also, it is possible that other
members or users (including unauthorized users, or
"hackers") may post or transmit offensive or obscene
materials through the Service and that You may be
involuntarily exposed to such offensive or obscene
materials. It also is possible for others to obtain personal
information about You due to Your use of the Service. Those
others may use your information for purposes other than what
You intended. We are not responsible for the use of any
personal information that You disclose on the Service.
Please carefully select the type of information that You
post on the Service or release to others. WE DISCLAIM ALL
LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR
OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED
USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE
OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO
YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST
OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE
INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES
KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE
SERVICE DURING THE TERM OF YOUR MEMBERSHIP. WE DO NOT
CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN MEMBERS
REGISTERING TO THE SERVICE IN ANY WAY. WE WILL NOT BE LIABLE
FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR
CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES,
BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE
OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES
ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS
WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU
MEET VIA THE SERVICE. COMPLAINTS: To resolve a complaint
regarding the Service, You should first contact Our customer
service department by emailing us :
ispca@aol.com or by
calling 1-317-3481100.
DISPUTE RESOLUTION: This Agreement is governed by the laws
of the State of Indiana without regard to its conflict of
law provisions. You agree to personal jurisdiction by and
exclusive venue in the state and federal courts of the State
of Indiana , City of Indianapolis, Marion County, with
regard to any and all claims by you arising out of or
related to the Websites. This Agreement shall not be
governed by the United Nations Convention on Contracts for
the International Sale of Goods, the application of which is
hereby expressly excluded.
WAIVER AND SEVERABILITY OF TERMS: Our failure to exercise or
enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any
provision of this Agreement is found by a court of competent
jurisdiction to be void, invalid or unenforceable, the
parties nevertheless agree that the court should endeavor to
give effect to the parties&undefined; intentions as
reflected in the provision. In such case, the other
provisions of this Agreement shall remain in full force and
effect.
You certify that You have read and that You agree to be
bound by the terms and conditions in this Agreement and our
Privacy Policy.