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Terms and Conditions
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IMPORTANT: PLEASE READ CAREFULLY
By accessing or using this website, you accept these Terms and conditions of Use.
This is a legal agreement (the "Agreement") between you, the user, and FancyPets
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RIGHTS, RESPONSIBILITIES. FancyPets grants you a non-transferable, non-exclusive
license to access this website and to view and download information contained at this
website, solely for your own personal, non-commercial use, subject to your ongoing
compliance with all terms of this Agreement. You agree to be responsible for all access
of this website by your equipment or account, whether by you or others. You are also
solely responsible for providing and maintaining all equipment, software and services
needed to access and use this website. You agree not to use this website for any unlawful
purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease,
sublicense, market, or transfer this website or use it in any manner not expressly
authorized by this Agreement. You agree not to copy, reverse engineer, translate,
port, modify or make derivative works of this website. You agree not to use this website
to operate a service bureau or for any other use involving the processing of data
of other persons or entities. You do not receive any, and FancyPets retains all, ownership
rights in this website.
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EXCLUSION OF WARRANTY, LIABILITY. This website is provided to you on an "AS
IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using this
website. Due to its large size and complexity, this website may contain inaccuracies,
omissions, errors or other defects. FancyPets and its suppliers do not warrant that
this website will meet your needs or expectations, that the website will be error
free or uninterrupted, that errors can or will be corrected, that the website is reliable
or timely, or that any information on the website will provide any particular results
or usefulness. FancyPets reserves the right to make changes and improvements
to, or discontinue, this website or any part thereof. Further, FancyPets does not
represent that this website is appropriate or authorized for use in all countries,
states, counties or other jurisdictions; accordingly, you are responsible for compliance
with all applicable laws in accessing this website.
FANCYPETS AND ITS SUPPLIERS MAKE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL
WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS
FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL FancyPets OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY,
INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS,
LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL,
OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE
DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER FancyPets
OR ITS SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD
OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE
INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS.
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SUBMITTED INFORMATION. You agree not to submit to this website any information
that infringes upon or violates the privacy, rights, trademarks, copyrights or other
intellectual property rights of others, anything that is illegal, defamatory, obscene,
harassing, offensive, objectionable or sexually explicit, that encourages a violation
of the law, that contains a virus, that is off-topic, or, without FancyPets' permission,
that contains any solicitation or advertising. You agree to indemnify and hold harmless
FancyPets from any damages and costs, including without limitation legal fees and
court costs, arising from your use of the Site. FancyPets shall have the right,
but not be obligated to, monitor this website to determine users' compliance with
this Agreement and applicable laws. FancyPets shall have the right in its sole discretion
to not publish or remove any submitted information.
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THIRD PARTY INFORMATION. This website may contain information submitted by
third parties, including without limitation users and suppliers, and may also contain
links to third party sites. Those third parties are solely responsible for the content,
accuracy and originality of the information they submit. FancyPets has no more control
over such third party content than does a public library, newsstand, or bookstore,
and FancyPets is not responsible for such third party content. FancyPets does not
evaluate or endorse any third party information. It is your responsibility to evaluate
all information provided on this website, or to obtain specific professional advice.
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MISCELLANEOUS. This is the exclusive and entire Agreement between FancyPets
and you regarding its subject matter. You may not assign any part of this Agreement
without FancyPets's prior written consent. This Agreement shall be governed by the
laws of England. FancyPets may terminate or restrict your use of this website at any
time without notice if FancyPets believes you have not fully complied with this Agreement.
Further, either party may terminate this Agreement at any time without cause; upon
termination for any reason, your obligations under this Agreement shall continue,
except that you agree to no longer access or use this site. You understand that FancyPets
may comply with law enforcement requests regarding your use of this site. FancyPets
reserves the right to modify the terms of this Agreement at any time by posting the
new terms on the site, which modifications shall take place immediately. No waiver
by either party of any breach or default hereunder shall be deemed to be a waiver
of any prior or subsequent breach or default. If any provision of this Agreement is
declared invalid or unenforceable, the remaining provisions of this Agreement shall
remain in effect and the invalid or unenforceable provision shall be replaced by a
valid, enforceable provision that effectuates the intent of the original provision.
FancyPets's suppliers, licensors, affiliates, subsidiaries, employees and agents shall
be third party beneficiaries of FancyPets's rights under this Agreement. All rights
not granted expressly by this Agreement are reserved.
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COPYRIGHT, TRADEMARKS. This site compilation and all portions authored
by FancyPets are Copyright © 2007 FancyPets. All rights reserved. Portions of this
website authored by third parties who have licensed their material to FancyPets are
owned by those respective third parties. You agree not to alter or remove any copyright
notice or proprietary legend at this site. FancyPets is the trading name of
FancyPets. Other products or names may be the trademarks of their respective owners.
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INTELLECTUAL PROPERTY RIGHTS
The FancyPets name and logos are copyright and may not be used without FancyPet's
written permission. Also, any and all copyright, trademark rights, database rights,
patent rights and any other intellectual property rights in text, graphics, audio,
video or image files, content, software, data and information displayed on, or available
from FancyPets. This includes the organisation and layout of the sites and the underlying
software that's owned by us or our licensors and suppliers. You agree that all these
materials are available for your personal use only, and you may not copy, modify,
alter, publish, broadcast, distribute, sell or transfer any such materials without
our written permission.
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E-COMMERCE SERVICE. You represent and warrant that you are of legal age
to enter into this Agreement and use this website pursuant to this Agreement, and
that the information you submit will be true and accurate. You agree to pay for all
goods and services that you, or others using your account, order through this website,
and to pay any taxes levied on your use of this website or your transactions on this
website, except for those based on FancyPets's annual net income. Additional terms
and conditions may apply to your purchase via this website of certain goods and services
from third parties, and you agree to fully comply with those third parties' terms
and conditions.
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