By registering with, posting photos on, or otherwise using the PetSmart Photo Gallery, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use the PetSmart Photo Gallery. The term “PetSmart,” “us” or “our” refers to PetSmart, Inc., the legal name of the owner of the PetSmart Photo Gallery. The term “you” refers to the user or viewer of this website.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to the PetSmart Photo Gallery Website (the “Site”). This Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Submission of Photo(s).
By submitting and/or posting a photo to the Site, you certify that: the image(s) have not been copyrighted or, if copyrighted, that you are the copyright owner; that the photo is not in the public domain, and you have obtained any and all legally required release(s). Copyright of the image(s) will remain the property of the photographer or, if different, the copyright owner.
By submitting a photo to the Site you grant forever to PetSmart and its successors and assigns the right to post the photo anywhere on the Site, to use the photo throughout the world in its marketing and promotional materials in printed or electronic media, without limitation, and to modify or edit the photo submitted by you as PetSmart sees fit, in its sole discretion.
You agree not to submit or post any photo or other material containing a recognizable person. However, if you do so and before submitting such a photo, you understand and agree that it is your sole responsibility to first obtain a written release from any recognizable person in the photo. If the photo depicts a minor, the minor’s parent or guardian must execute the release. All required releases must be obtained before the photo is submitted and must be retained and made available to PetSmart upon request. By submitting your photo, you hereby assign all rights to PetSmart as assignee.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually orientated or any other material that may violate any applicable laws. PetSmart makes no representations or warranties that it will post any submitted photo on the Site and has no obligation to do so. PetSmart reserves the right to refuse to post a photo or to remove it from posting on the Site for any reason, or no reason at all, in its sole discretion. While the administrators of The PetSmart Photo Gallery will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every post. Therefore you acknowledge that all posts made to this site express the views and opinions of the author and not the administrators or webmaster (except for posts by these people) and hence will not be held liable.
You provide any personal information at your own risk. PetSmart is not responsible for inaccurate, misspelled, or potentially embarrassing information posted by you.
3. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
4. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by mail: PetSmart, Inc., Legal Department, 19601 N. 27th Avenue, Phoenix, AZ 85027.
5. Registration.
Where registration is required, you agree to provide us with accurate, complete registration information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
6. General Information About Our Site and the Internet (Cookies and User Tracking).
Our Site uses Internet (or “Web” or “Website”) technologies to gather navigational information about our Site and its technical efficiencies and services, such as time to connect to our Site and download pages. This information allows us to see which areas of our Site are most visited and helps improve our understanding of our customers’ Site experiences. This practice also helps us improve the quality of online shopping experiences by recognizing and delivering more of the features, services and products our visitors prefer. In the process of gathering navigational information, non-personally identifiable information may be collected, such as domain type, Web browser version, service provider, and IP address, which will provide information about a visitor’s use of our Site, like the time of a visitor’s last visit to a Site page.
Our Site uses “cookie” technology. A “cookie” is a small data file that a Website may send to your Web browser and store on your hard drive. Our Site uses cookies to simulate continuous connection-cookies let us “remember” information about your preferences and session and allow you to move within areas of our Site without reintroducing yourself. No personally identifiable information is stored in these cookies.
You may choose to set your Web browser to not accept cookies. If your cookies are disabled, you can still view our Site and make a purchase.
We may carefully select third-party advertising companies to collect information by using cookies when you visit our Site. These select companies help us measure the effectiveness of our advertising and how visitors use our Site. We respect your right to choose whether to be included in the services that these third parties provide. For more details about your choices for no longer having information from these third-party cookies used by these companies or provided to us, please see our Privacy Policy.
For your information, we have carefully selected Omniture, a company that will assist us in better understanding your use of our Site. Omniture will place cookies on your computer to collect information on our behalf that will educate us on such things as search engine referral, how you navigate around our Site, responses to e-mail, unique visitor identification, and product browsing and purchasing information. Omniture is contractually prohibited from using our data for any other purposes. Omniture is required to maintain all information collected and its analysis in confidence. As a visitor to our Site, you have the option to deactivate the ability of Omniture to analyze your browsing and purchasing behavior on our Site. To learn how, please go to http://www.omniture.com/privacy/2o7.
Our Site server may automatically collect the address of the Website that you came from before visiting our Site, which Web browser you used to view our Site, and any search terms you have entered on our Site. Our Site may also use other technologies to track pages of our Site viewed by visitors, commonly referred to as “tracer tags”. This non-identifiable “click-stream” data helps us understand how visitors use our Site. “Click-stream” is the sequence of clicks or pages requested as a visitor explores a Website.
As a convenience to you, PetSmart provides links from its Site to third-party Websites. Inclusion of these links does not imply PetSmart’s endorsement of other companies, their Websites, or their products and services. This Policy does not apply to other Websites that may be accessible through our Site, including third-party sites that display the PetSmart trademarks or otherwise promote PetSmart’s products and services. We encourage you to read the privacy policies of those other sites and third parties to learn how they collect and use information about you.
7. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, photos, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. In compliance with the Children’s Online Privacy Protection Act of 1998, PetSmart.com does not accept registrations from those under 13 years of age. By registering with PetSmart.com, you represent that you are at least 13 years old.
8. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
9. Third-Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
10. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
11. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
12. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
13. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
14. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
15. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
16. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Maricopa County, Arizona, and shall be governed by and construed in accordance with the laws of the State of Arizona (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. We may automatically assign this Agreement and all incorporated agreements and your information in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.
17. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS applicable at the time the arbitration commences. The arbitration shall be conducted Phoenix, Arizona. Each party shall bear its own attorneys’ fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
18. Termination.
You agree that PetSmart, in its sole discretion, may terminate your membership, and remove and discard any content that you have posted on the Site, for any reason, including, without limitation, for lack of use or if PetSmart, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you are a repeat infringer of intellectual property rights. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that PetSmart may immediately deactivate or delete your account and all related information and files in your account and/or bard any further access to such files or the Site. Further, you agree that PetSmart shall not be liable to you or any third-party for any termination of your access to the Site.
