Pettube.com: Terms of Use Agreement

Please Read This Terms of Use Agreement Carefully Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on July 1, 2007 .

This Terms of Use Agreement (the "Agreement”) sets forth the standards of use of the Pettube.com, and its licensees, successors and assignees (collectively "Pettube”) website. This Agreement applies to all visitors of our website (the "Site”), including those who are also contributors of video content, information, and other materials or services on the Site. By accessing, viewing or using Pettube, or any part thereof, you acknowledge, fully understand and freely consent to this Agreement. If you do not agree to these terms and conditions, please do not use this Site.

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 the Pettube.com website. Your continued use of our Site 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.

•  Enjoy Our Site.

Pettube maintains this Site for your personal entertainment, edification and communication. We welcome your use of our Site.

2. 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 owned by Pettube, with all rights reserved, or is the property of Pettube and/or third parties protected by intellectual property rights. Any use of materials on the site, including reproduction for purposes other than those noted in this Agreement, 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 Pettube is strictly prohibited. You 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 Pettube. You may download only material displayed on the Site specifically identified as available for downloading. Such material is for noncommercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials.

Pettube™ and Pettube.com™ are proprietary marks of BGL, Inc. Pettube's trademarks may not be used in connection with any product or service that is not provided by Pettube, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Pettube. All other trademarks displayed on Pettube'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 Pettube.

Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the Trademark owner. Your misuse of the trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. You are also advised that Pettube will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. Disclaimer of Warranties.

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED BY PETTUBE ON AN "AS IS” AND ON AN "AS AVAILABLE” BASIS. PETTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL WARRANTIES OF ANY KIND, REGARDING THE SITE, AND THE SERVICES, INFORMATION AND PRODUCTS OFFERED IN CONNECTION WITH THE SITE OR THE ELEMENTS OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, TITLE, NON- INFRINGEMENT OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE PETTUBE SITE. PETTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE PETTUBE SITE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND PETTUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO .

4. Limitation of Liability.

PETTUBE SHALL NOT be liable for any damages whatsoever, and in particular PETTUBE 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 DIRECTLY OR INDIRECTLY FROM YOUR USE OF PETTUBE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH PETTUBE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if PETTUBE has been advised of the possibility of such damages. SOME JURISDICTIONS restrict THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS may not apply to you. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, PETTUBE'S AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

5. Indemnification.

You agree to indemnify and hold Pettube, 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 your use of the Site, your actual or alleged violation of this Agreement, or your ( or other user of the Site using your computer), violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right .

6. Modifications and Interruption to Service.

Pettube reserves the right to modify or discontinue the Site with or without notice. Pettube shall not be liable to a user or any third party should Pettube exercise its right to modify or discontinue the Site. You acknowledge and accept that Pettube does not guarantee continuous, uninterrupted or secure access to our Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Establishing an Account.

While you can view much of the Pettube Site without an account, in order to access some features of the Site, you will have to create a Pettube account. If you register on behalf of a business, you represent to Pettube that you have the authority to bind that business and your acceptance of this Agreement will be treated as acceptance by that business. In that event, "you” and "your” will refer to that business for purposes of this Agreement. You agree to provide, maintain and update true, accurate, current and complete information about yourself in opening and maintaining an account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Pettube or others due to such unauthorized use.

8. Communication with Our Site.

Any and all communications or materials you transmit or post to the Site by electronic mail or otherwise, including any comments, questions, and the like (collectively "Communications”) are, and will be treated as, non-confidential and non-proprietary. In connection with these Communications that you make available on Pettube, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Communications to enable inclusion and use of such on Pettube. By submitting, posting, uploading, emailing or otherwise providing a Communication to Pettube, you hereby grant (or warrant that the owner of such rights has expressly granted) Pettube a non-exclusive, royalty-free, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and otherwise exploit the Communication in any and all media (whether now known or hereafter devised) throughout the universe, in perpetuity. Pettube, in its sole discretion, and without compensation to you, may use, not use, edit, reproduce, adapt, modify or discontinue the use of an y communication or material you post to the site for any purpose whatsoever including, but not limited to, disclosure, transmission, reproduction, distribution, publishing, broadcasting, or posting in any medium. Furthermore, Pettube, without compensation to you, is free to use, not use, edit, reproduce, adapt, modify, or discontinue the use of any ideas, concepts, know-how, or techniques contained in any communication or material you transmit or post to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.

You agree to abide by all applicable local, state, national and international laws and regulations in using Pettube. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Pettube will fully cooperate with any law enforcement authorities or court order requesting or directing Pettube to disclose the identity of anyone posting any such information or materials. Pettub e reserves the right to monitor any Communication from time to time for any lawful purpose. Pettube may, without notice to you, remove or block any Communication from the Site, including disabling access to such Communication that you have downloaded through Pettube.

9. Disclaimer Regarding Accuracy of Information on Site.

Although Pettube may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Site. Pettube assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site.

Further, Pettube 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.

10. Third-Party Sites.

Our site may include links to third party sites on the Internet that are owned and operated by third parties. You acknowledge that we cannot be responsible for the availability of, or the content, privacy policies located on or through, any third-party site. B y using a third party site, y ou expressly relieve Pettube from any and all liability arising from such use. We encourage all visitors to review the applicable policies of third parties' sites whenever you leave our Site.

11. Governing Jurisdiction of the Courts.

Our Site is operated and provided in the State of California . As such, we are subject to the laws of the State of California , and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our Site you expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County of the State of California for any claim or action arising out of or relating to this Agreement or your use of Pettube. You agree that Pettube shall be deemed to be solely based in the State of California; the Pettube Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Pettube, either specific or general, in jurisdictions other than the State of California; and any cause of action arising out of or related to Pettube must commence within one year after the cause of action acrues. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys fees, expenses and costs incurred in connection with the litigation.

12. Compliance with Laws.

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree 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. We reserve the right to terminate your access to this Site in the event that you violate this Agreement or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.  

13. Notification of Claimed Copyright Infringement.

Pursuant to Section 512(c)(3) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, please direct all notifications of claimed copyright infringement to: Pettube.com, Attn: Copyright Officer, 11777 San Vicente Blvd., Suite 601, Los Angeles, CA 90049.

14. Privacy Statement.

Please also read our Privacy Statement carefully for disclosures relating to the collection and use of your personal information. Please click here to view the Privacy Statement, which is incorporated into this Agreement by reference.

15. Other Terms.

If any provision of this 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. A waiver by Pettube of any of the terms or conditions of this Agreement in any one instance shall not be construed to be a waiver of such term or condition for the future or any subsequent breach thereof. You agree that this Agreement and any other agreements referenced herein may be assigned by Pettube, in our sole discretion, to a third party. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your access and/or use of the Site.