Terms and Conditions

PETSTARSHIP.com Terms of Service

PetStarship com, also known throughout these terms and conditions as (PS) is a website for sharing pet facts and photos with other pet owners. It is operated by a privately held company in Lakeland Fla. By using the Petstarship.com you accept and agree to be bound by the following terms and conditions (the “Terms of Service”). Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.

Changes to PetStarship.com and conditions.

We reserve the right to modify or terminate the Petstarship.com service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service without notice at any time. The users are responsible for regularly reviewing these Terms of Service so that they be apprised of any changes.

Eligibility and registration on PetStarship
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As part of the registration process, you will be asked to select a personal username and password and you will be responsible for all activities occurring under your username. You will also be responsible for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by Pet Starship and will be our sole discretion.

Appropriate content and conduct; for YOUR personal use only.

The Petstarship service is made available for your personal and non-commercial use only. Businesses, certain organizations or other legal entities may not use the PetStarship service for any purpose.

You may also not use the PetStarship.com service for any illegal or unauthorized purpose. International users of our site also agree to comply with all local rules regarding online conduct and acceptable online content, including all laws regulating the export or import of data from the United States or your country of residence. The said user is solely responsible for the conduct and any data, text, information, photos, links and other said content or Materials that you submit, post, and display on the (PS) service.

We may, but shall have no obligation to, remove Materials that we determine in our own discretion as unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service.

PetStarship is a website for families and will be operated in that fashion. Anything that is offensive, obscene…will be removed with or with out notice to the independent subscriber.

 

Other examples of unauthorized or extremely illegal uses include, but are not limited to: modification, adapting, translation, or reverse engineering any portion of the PetStarship service; using any robot, spider, site search/retrieval application, or other devices to retrieve and/or index any portion or the (PS )service. Collecting any information at all about other Members including usernames and/or email addresses for unauthorized purposes. Reformatting  any portion of the web pages or site images that are part of the PetStarship service, creating user accounts by automated means or under false or fraudulent pretenses. This also includes creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s enjoyment of the (PS) service; submitting personal materials of any third party without such third party’s prior written consent. Directing any user EX, by linking, to any Materials of any third party without such third party’s prior written consent. Also submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by PetStarship there will be no submitting materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, or other items of a destructive nature; submitting materials that are unlawful or promote or encourage illegal activity. This also includes submitting false or misleading information.

While (PS) prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the service at your own risk.

PetStartship  proprietary rights .

By submitting, posting or displaying any Materials on or through the this exclusive service, you automatically grant to us a worldwide, non-exclusive, royalty-free, right to publicly display or re-display such Materials in other formats not simply limited to websites.

Except as expressly authorized by (PS) you may not copy, modify, publish, transmit, distribute, perform, display or sell any of (PS) proprietary information which includes the sum of all postings and/or photos to this particular site.

PetStarship Exclusive privacy policy.

Our collection and use of personal information is governed by our Privacy Policy. You understand and agree that (PS) may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of (PS) its affiliates or the public.

We work with many third parties who provide different services in theUS and the World, including but not limited to website hosting, e-commerce affiliation, data analysis, emailing and other services of an administrative nature.

Personally identifiable information used here, is shared with such third parties for the purpose of providing such services. Further, we may use selected third parties for marketing, targeting and analysis purposes. Some of these third parties may be given access to some, or all, of the information that you provide to us and may use cookies or other tracking technologies in connection with providing their services.

To the extent that we provide your personally identifiable information to these third parties, we seek to restrict their ability and other actions to use such information for their own marketing purposes. We cannot be responsible for the privacy policies or practices of such third parties.

Disclaimer of warranties 

PS disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the PS service. PetStarship disclaims any and all responsibility and liability for the conduct of any Member now or in the future in relation to this site and or any thing pertaining to Pet Starship.com!.

THE PetStarship.com SERVICE, AND ALL MATERIALS, INFORMATION WITHOUT LIMITATION ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE PetStarship  SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. PET STARSHIP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

 

 Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE PETSTARSHIP.COM SERVICE IS ENTIRELY AT YOUR OWN RISK AND FUTURE ENJOYMENT.

Holding harmless and indemnity

You agree to hold harmless and indemnify (PS) from and against any third party claim arising from or in any way related to your use of this particular service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Limitation of liability.

UNDER NO CIRCUMSTANCES WILL PETSTARSHIP  BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PS SERVICE, WHETHER OR NOT (PS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PETSTARSHIP SERVICE, FROM INABILITY TO USE (PS) SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE (PS)  SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL (PS) BE LIABLE TO YOU FOR ANY AMOUNT AT ALL FOR ANY REASON.

Term and termination

These Terms of Service will apply to your use of the (PS). We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the (PS). Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Notices

(PS) will provide you with notices regarding this service or these Terms of Service by email, or postings to this Web site.

Miscellaneous provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Los Angeles, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Under no circumstances shall PETSTARSHIP be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control. This includes including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God,

This may also include war, governmental actions,orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you the user/member and (PS) respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

Copyright information

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on by PetStarship.com for service please read the following information for filing or responding to a notice of infringement.

To file a notice of copyright notice with us, please send a written communication by E- mail that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format:

1. Identify in sufficient detail the material that you believe has been infringed.

2. Identify the material that you claim is infringing the material listed in item #1 above.

3. Provide information reasonably sufficient to permit (PS) to contact you (email address is preferred).

4. Provide information, if possible, sufficient to notify the user(s) who posted the content that allegedly contains infringing material (email address is preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7. Send the communication to:

humanresources@petstarship.com

The user(s) who posted the content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question.

To file a counter notification with us, please provide a written communication by E-mail that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please use the following format:

1. Identify the specific URLs of material that (PS) has removed or to which (PS) has disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification to (PS) of the infringement or an agent of such person.

3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

4. Send the communication to:

humanresources@petstarship.com