Pet-Pix.com User Agreement:
USER AGREEMENT
I. Acceptance by Use:
PLEASE READ THIS AGREEMENT AND POLICY CAREFULLY BEFORE USING ANY OF THE SERVICES WITHIN THIS WEBSITE. BY USE OF THIS WEBSITE YOU ARE ACKNOWLEDGING THAT (1) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (2) THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT; (3) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT A FORMAL SIGNATURE; AND (4) YOU AGREE TO BE BOUND BY UPDATES AND MODIFICATIONS MADE TO THIS AGREEMENT UNILATERALLY BY THE PROVIDER.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, IMMEDIATELY EXIT THIS PAGE WITHOUT FURTHER ACCESSING THIS WEBSITE OR ANY SERVICES CONTAINED THEREIN.
II. Operator/Service Provider:
This website is operated solely by WebShare, LLC, a LLC registered with and under the laws of the State of Arizona within the United States of America. WebShare, LLC's address is 13626 S. 41st Place, Phoenix, AZ, 85044.
III. Unilateral Modification of User Agreement:
The operator of this website reserves the right to change, alter, or modify the terms and conditions of this agreement unilaterally without notice to users. It is the Users responsibility to regularly review these terms and conditions. User's continued use of this website is evidence of acceptance of all terms, conditions, and changes to this user agreement.
IV. Purpose & Availability:
This website is designed to provide subscribing users the ability to upload, store, share, and view photos, video, and written files. Non-subscribing users shall have the ability to view subscribing users' pages and uploads. All reasonable efforts shall be made by the operator to ensure the continuous availability of this website. At times this site will be unavailable due to but not limited to: upgrades and maintenance, interruptions in telecommunications lines, acts of god, etc… The operator shall make all reasonable efforts to keep this website operational; however WebShare, LLC IS NOT LIABLE FOR INTERUPTION OR DISCONTINUANCE OF SERVICE.
V. Limitation of Liability:
WebShare, LLC IS NOT LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPEICAL, OR CONSEQUENTIAL BASED UPON OR RESULTING FROM YOUR USE OR INABILITY OF USE OF THIS WEBSITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE ALLEGED CAUSE OF ACTION LIABILITY IS CLAIMED THIS INCLUDES BUT IS NOT LIMITED TO CLAIMS BASED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, OR ANY OTHER CAUSE OF ACTION TO THE EXTENT THESE EXCLUSIONS AND LMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
YOU AGREEE ANY AND ALL SUBMISSIONS AND UPLOADS MADE BY USER ARE AT USERS OWN RISK AND DISCRETION. USER IS SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES RESULTING FROM USE OF THIS WEBSITE.
VI. Warranty Disclaimer:
WebShare, LLC PROVIDES THIS WEBSITE AND SERVICES IN "AS IS" FORM AND PROVIDES NO WARRANTIES OF ANY KIND. THIS INCLUDES BUT IS NOT LIMITED TO EXPRESS WARRANTY, IMPLIED WARRANTY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND NONINFRIGEMENT. USE OF THIS SITE IS AT THE SOLE RISK OF USER.
VII. Indemnification:
User agrees that upon request by WebShare, LLC user will defend, indemnify, and hold harmless WebShare, LLC, their employees, contractors officers, and directors from all liabilities claims and expenses (including but not limited to costs of enforcement and reasonable attorneys' fees) arising from the Users misuse of this website.
VIII. Jurisdiction:
User agrees these terms of use are governed in accordance with the laws of the State of Arizona. User further agrees any claims arising from or relating to use of this website or from this User Agreement shall be filed only within the state or federal courts located in the State of Arizona. With use of this site you also agree to submit yourself to the personal jurisdiction of such courts for any and all related claims.
IX. Copyright Infringement Claims:
Pursuant to Title 17 USC §512(c)(2), notifications of all copyright infringement claims shall be sent to the WebShare, LLC Designated Agent. If you for any reason feel a copyright of your own work has been violated by or through this website please immediately contact the designated agent below and provide him with a method of contact and what work you feel is in violation.
WebShare, LLC's designated agent for notice of claims of copyright infringement is DAVID BOOTH. DAVID BOOTH can be contacted at david.a.booth@gmail.com, 13626 S. 41st Place, Phoenix, AZ, 85044.
X. 3rd Party Links:
This website contains 3rd party links to other sites. These links are provided for your use and convenience use of these links shall be done at the Users own risk. These sites are not under the control or authority of WebShare, LLC and as such WebShare, LLC is not responsible for the content of such sites.
XI. User Registration:
To register as a user/member of this website YOU MUST BE 18 YEARS OR OLDER OR HAVE YOUR PARENT(S) / LEGAL GUARDIAN's permission. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT REGISTER as a user/member of this website.
Registered user agrees and guarantees all information provided to this website is true, accurate, and complete. User shall update their information as needed to ensure its accuracy at all times. In particular this includes the Users e-mail address as it is the primary method of communication between this site and the user.
Upon registration user shall choose a user name and password. User agrees to accept all responsibility to any and all activity on this website occurring under this password and user name. The user accepts responsibility to keep their password confidential, if the confidentiality of the password is breached or may have been breached it is the Users responsibility to contact WebShare, LLC immediately. WebShare, LLC reserves the right to force user to change any password no longer confidential.
XII. Formation:
The formation of an agreement between a registered user and WebShare, LLC shall not exist until WebShare, LLC accepts your application and a confirmatory e-mail is sent to the user.
For all non-registered users, this User agreement shall be in full force and effect, upon user access to this website.
XIII. Ownership of Your Images, Video, Writings:
WebShare, LLC does not claim nor desire ownership of any material uploaded to this website. To enable WebShare, LLC to execute the purpose of this website, User agrees to grant WebShare, LLC a non-exclusive, royalty free license to use, copy, display, and distribute the images.
User also acknowledges by sharing images, videos, and writings through this website all users are able to view and make prints of any and all pictures, images, or writings provided to this site.
XIV. Website Content:
WebShare, LLC is not responsible for monitoring the content of registered users accounts. WebShare, LLC has no obligation to monitor the content of this site for any purpose. User acknowledges they are solely responsible for all uploaded materials to this site.
XV. Registered User's File Storage Policy:
WebShare, LLC provides current registered users the ability to store pictures up to 3 Mb and Video up to 10Mb. To maintain storage on this site User must keep all fees current and paid. Upon a payment lapse of sixty (60) days, WebShare, LLC shall have the right remove User's stored files from its database and User's account shall be cancelled.
XVI. User Conduct:
User is solely responsible for all uploaded material to this website. User must have the legal right to copy, display, or upload all material to this site. All images, video, or writings protected by copyright shall not be uploaded to this site.
User expressly agrees not to use this site for any unlawful purpose, to upload any material that is obscene, offensive, blasphemous, pornographic, menacing, defamatory, libelous or otherwise objectionable. WebShare, LLC reserves the right to remove all content subjectively objectionable to WebShare, LLC's directors. User also expressly agrees not to upload, post, or disseminate through this site any material intended to, or likely to harm anyone else's computer systems or files. User also agrees not to interfere with this website in any manner. User further agrees not to use this site for any commercial purposes or provide WebShare, LLC with any misleading information.
User is liable for all material upload under their username and password as expressly stated in §XI of this User Agreement.
XVII. Pricing:
WebShare, LLC reserves the right to change pricing at anytime without prior notice to users. All payments received from users prior to change in price shall be honored for the entire time period purchase was made for.
XVIII. Copyright:
All contents of this site are Copyright © 2005 WebShare, LLC. All rights are reserved. Nothing in this site or agreement shall confer upon anyone the license or right to use or reproduce any images, video, or writings on this site.