Joining PetBoogaloo is free. It’s meant to be a place where people can come and share the love they have for their pet through video, photos, blogging and communities. We want your experience on PetBoogaloo to be enjoyable, so we ask that you use this site in the spirit that it was intended to be used for.
this web page is a legal document (“Agreement”) between you (“the MEMBER”) and PetBoogaloo, LLC (“PETBOOGALOO”). THis Agreement states the terms and conditions under which you may use the PetBoogaloo Site web site. please read this agreement carefully before accessing and using the PetBoogaloo web site. By using and accessing the PetBoogaloo web site you indicate that you have read and understand this Agreement and agree to be bound by this agreement. if you do not accept this Agreement, do not access and use the PetBoogaloo Site. PetBoogaloo may revise this agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the agreement.
TERMS AND CONDITIONS
These Terms and Conditions (“Agreement”) are made as of the Effective Date by and between PetBoogaloo, LLC, a Colorado PetBoogaloo with offices located in Denver, PetBoogaloo and the Member, as defined hereunder.
WHEREAS, PetBoogaloo has developed and owns the information on the PetBoogaloo Site (as defined hereinafter) for use and access by Member via the Internet; and
WHEREAS, Member desires to access and use the PetBoogaloo Site in accordance with the terms and provisions of this Agreement;
NOW, THEREFORE, in consideration of the mutual benefits of the covenants and restrictions herein contained, Member and PetBoogaloo hereby agree as follows:
ARTICLE I: RECITALS AND DEFINITIONS
Section 1.01 -- Recitals: The above recitals and identification of parties are true and correct.
Section 1.02 -- Definitions: The following definitions shall apply:
(1) Access: The term “access” and variants thereof (including, without limitation, “accessing” and “accessible”) shall mean to store data in, retrieve data from or otherwise approach, display, reproduce, frame, establish a Link to, or make use of (directly or indirectly) through electronic means or otherwise.
(2) [PetBoogaloo site]: The term “PetBoogaloo Site” shall mean that certain Web Site referred to as the PetBoogaloo Site, which is located on the Internet at www.PetBoogaloo.com and www.32pet.com, including any and all PetBoogaloo Technology used, incorporated, stored or accessible therein, as implemented on the PetBoogaloo System and made accessible to Member through the Internet using the Password.
(3) Effective Date: The term “Effective Date” shall mean the date the Member creates an account with PetBoogaloo or accesses the PetBoogaloo Site, whichever occurs first.
(4) PetBoogaloo Marks: The term “PetBoogaloo Marks” shall mean trademarks, trade names, service marks and trade dress of PetBoogaloo and parent companies, subsidiaries and affiliates of PetBoogaloo, including, without limitation, the [Trademark].
(5) PetBoogaloo System: The term “PetBoogaloo System” shall mean computer systems and communication equipment used for hosting the PetBoogaloo Site and providing Member access to the PetBoogaloo Site.
(6) PetBoogaloo Technology: The term “PetBoogaloo Technology” shall mean any and all Technology developed by or for PetBoogaloo
(7) Internet: The term “Internet” shall mean that certain global network of computers commonly referred to as the Internet, including (without limitation) the world wide web.
(8) Licensed Content: The term “Licensed Content” shall mean third party Technology incorporated in whole or part into the PetBoogaloo Site.
(9) Link: The term “Link” shall mean text, icons, graphic symbols that upon selection or activation, link or associate to, execute, access or retrieve an off-screen Web Site or Technology.
(10) Password: The term “Password” shall mean that certain password and MEMBER name assigned by PetBoogaloo to Member for accessing the PetBoogaloo Site as may be modified from time to time as provided hereunder.
(11) Policy Statement: The term “Policy Statement” shall mean those certain written statements of policies (in printed or electronic form) concerning access to the PetBoogaloo Site as may be adopted by PetBoogaloo and as modified by PetBoogaloo from time-to-time.
(12) Restatements: The term “Restatements” shall mean Section 757 of the Restatement of Torts, Section 39 of the Restatement (Third) of Unfair Competition, Section 1 of the Uniform Trade Secrets Act and 18 U.S.C. §1839.
(13) Member: The term “Member” shall mean the individual or entity assigned the password used to access the PetBoogaloo Site.
(13.5) Member Content: The term "Member Content" shall mean the text, videos, and images and other content, posted to PetBoogaloo by the Member.
(14) Technology: The term “Technology” shall mean information, data, ideas, works of authorship, computer software, source code, object code, executable code, software libraries, documentation, databases, database designs, data dictionaries, data models, fields, records, scripts, texts, interfaces, interface designs, screen displays, Web Sites, web pages, Links, visual works, graphic images, audio, video, compilations, formulas, methodologies, techniques, processes, procedures, adaptations, derivative works, computers, hardware, peripherals, components, networks, product lists, supplier lists and customer lists.
(15) Term: The term “Term” shall mean a period of time starting on the Effective Date and ending on the date either party cancels the Password as provided hereunder.
(16) Unauthorized Access: The term “Unauthorized Access” shall mean any access to PetBoogaloo Site except for access during the Term for the exclusive purpose of viewing, browsing, retrieving, uploading and posting information on and ordering products through the PetBoogaloo Site using the Password on behalf of Member in accordance with this Agreement.
(17) Unauthorized User: The term “Unauthorized User” shall mean any individual who accesses the PetBoogaloo Site except for Member and employees and agents of Member authorized by Member to access the PetBoogaloo Site for purposes of uploading and posting information on and ordering products through the PetBoogaloo Site during the Term using the Password on behalf of Member in accordance with this Agreement.
(18) Web Site: The term “Web Site” shall mean that certain multimedia interactive product which is a compilation of data, information, computer software, graphics, audiovisual, components and coding formatted for use on the world-wide-web of the Internet and commonly referred to as a web site.
ARTICLE II: SCOPE OF USE
Section 2.01 -- Access: PetBoogaloo hereby grants Member a non-exclusive, non-transferable and revocable license to access the PetBoogaloo Site, during the Term, solely for viewing, browsing, retrieving, uploading and posting information, and ordering products on or through the PetBoogaloo Site, subject to the terms and provisions of this Agreement.
Section 2.02 -- Policy Statement: During the Term, Member shall comply with the Policy Statement. PetBoogaloo may modify the Policy Statement from time to time at the exclusive discretion of PetBoogaloo
Section 2.03 -- Password: Member hereby accepts responsibility for, and shall be liable for, all access to the PetBoogaloo Site in connection with the Password. Member shall be responsible for the confidentiality of the Password. Modification of the Password shall be subject to the approval of PetBoogaloo
Section 2.04 -- Member Content: Member shall refrain from illegally copying protected works, or making available copies of such works. Member is prohibited from sending and posting Member Content (or failing to delete messages and content of others received at Subsriber's Blog) that contain abusive, indecent, objectionable or profane language, that defame, libel, stalk or threaten others, or that infringe the privacy or other rights of others, or which are illegal, sexually oriented, racially offensive or obscene. Member shall not use, nor allow others to use, the the PetBoogaloo site in any manner that could damage, disable, overburden or impair any server(s) or the network(s) connected to PetBoogaloo, or interfere with any other person or entity’s use and enjoyment of the PetBoogaloo Site. Member Content shall be constructive and polite and in the spirit of friendship, not mean-spirited. You will not use inappropriate (e.g. vulgar, offensive, etc.,) user names, and you will not impersonate anyone else. You will not criticize anyone on the basis of race, color, creed, national origin or sexual orientation. Please report objectionable subject matter to us. PetBoogaloo assumes no responsibility or liability for material, products or services posted by other PetBoogaloo members .
Section 2.05 -- Cancellation: PetBoogaloo or Member may cancel the Password at anytime.
ARTICLE III: INTELLECTUAL PROPERTY
Section 3.01 -- Ownership and Title: Title to the PetBoogaloo Site (excluding Licensed Content), including ownership rights to any and all patents, copyrights, trademarks and trade secrets in connection therewith shall be the exclusive property of PetBoogaloo
Section 3.02 -- Unauthorized Use: Member shall not copy or download the PetBoogaloo Site without the prior written consent of PetBoogaloo Member shall not access, modify, reverse engineer, reproduce, display, perform or distribute, including (without limitation) by framing or similar means, the PetBoogaloo Site without the prior written consent of PetBoogaloo Member shall not (directly or indirectly) promote, advertise, market or provide any Web Site similar to or competitive with the PetBoogaloo Site.
Section 3.03 -- Trademarks: PetBoogaloo shall retain all rights, title and ownership interests in the PetBoogaloo Marks and goodwill associated therewith. Member acknowledges that, excepting the PetBoogaloo Marks, all other product, service and company names mentioned in the PetBoogaloo Site may be trademarks of their respective owners.
Section 3.05 -- No Contest: Member shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of PetBoogaloo in connection with the PetBoogaloo Site.
Section 3.06 -- Member Submissions: Any Technology (except the Password and ordering information) uploaded, posted or submitted by Member on the PetBoogaloo Site shall be deemed non-confidential. Member hereby grants PetBoogaloo an irrevocable, worldwide, perpetual, nonexclusive license to access, use, reproduce, modify, adapt, release, perform, display, distribute, sell and disclose such Technology, in whole or in part, in any manner and for any purpose whatsoever, and to have and authorize others to do so. Member represents and warrants that Member possesses all necessary rights, title and interests to rightfully grant PetBoogaloo the foregoing license, free and clear of any encumbrances, third party interests and restrictions. Member also represents and warrants that all information provided by Member in connection with the PetBoogaloo Site and this Agreement is true, complete and accurate.
ARTICLE IV: WARRANTY AND INDEMNIFICATION
Section 4.01 -- Express Warranties: Member hereby acknowledges and agrees that PetBoogaloo (including officers, employees, agents, directors and independent contractors of PetBoogaloo has not made or granted to Member any express warranties concerning the PetBoogaloo Site or any products and services offered through the PetBoogaloo Site. Member hereby acknowledges that the PetBoogaloo Site does not constitute grant of an express warranty concerning any products and services offered through the PetBoogaloo Site and Member hereby waives any and all claims of warranty based on the PetBoogaloo Site.
SECTION 4.02 -- WARRANTY LIMITATION: THE PetBoogaloo Site IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PETBOOGALOO, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS AND MEMBER HEREBY WAIVES ALL WARRANTIES BY PETBOOGALOO, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN CONNECTION WITH THE PetBoogaloo Site AND PRODUCTS AND SERVICES OFFERED THROUGH THE PetBoogaloo Site. PETBOOGALOO DOES NOT WARRANT AND MEMBER HEREBY WAIVES ANY WARRANTY THAT USE OF OR ACCESS TO THE PetBoogaloo Site BY MEMBER WILL BE UNINTERRUPTED OR ERROR FREE. PETBOOGALOO DOES NOT MAKE ANY WARRANTY AND MEMBER HEREBY WAIVES ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF THE PetBoogaloo Site OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE PetBoogaloo Site. MEMBER HEREBY ACKNOWLEDGES AND AGREES THAT USE OF THE INTERNET AND PetBoogaloo Site SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF MEMBER AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND CODES OF CONDUCT GOVERNING THE INTERNET AND THE PetBoogaloo Site.
Section 4.03 -- Inaccuracies: Member hereby acknowledges that the PetBoogaloo Site may contain errors, inaccuracies and omissions. Member shall assume any and all risk of loss, harm or damage associated with Member access to and use of the PetBoogaloo Site.
Section 4.04 -- Limitation of Liability: PetBoogaloo shall not be liable for any lost profits or consequential, exemplary, incidental or punitive damages (including, without limitation, in connection with (i) use, performance or operation of the PetBoogaloo Site; (ii) use, performance or operation of the Internet or use of the Internet by Member; (iii) loss of data; AND (IV) PRODUCTS AND SERVICES OFFERED THROUGH THE PetBoogaloo Site), regardless of the form of action, whether in contract or in tort, including negligence, AND regardless of whether PetBoogaloo has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.
Section 4.05 -- Limitation of Damages: the sole remedy of member for any reason and for any cause of action whatsoever in connection with this agreement, the PetBoogaloo Site, and products and services offered through the PetBoogaloo Site, regardless of the form of action, whether in contract or in tort, including negligence, shall be modification of the PetBoogaloo Site, as determined by PetBoogaloo.
Section 4.06 -- Indemnification: Member shall release, defend, indemnify and hold harmless PetBoogaloo (including its officers, directors, employees, affiliates, contractors and agents) from and against any expense, loss, cost or liability (including, without limitation, attorney fees and paralegal fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use by Member of the Internet, PetBoogaloo Site or products or services offered through the PetBoogaloo Site (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the PetBoogaloo Site; (iii) Member’s negligence or any tortious acts (or failures to act) of Member; (iv) products or services offered through the PetBoogaloo Site; and (v) any breach by Member of the obligations of Member under this Agreement.
Section 4.07 -- Export Assurance: Member shall not perform any act in conflict with or in violation of the export laws and regulations of the United States of America, including (without limitation) the Export Administration Act, 50 U.S.C. §2401, et seq., the Export Administration Regulations, 15 C.F.R. Parts 730-774, the Arms Export Control Act, 22 U.S.C. §2751, and the International Traffic in Arms Regulations, 22 C.F.R. Parts 120-130, as amended.
Section 4.08 -- Links: Member hereby acknowledges that the PetBoogaloo Site may contain Links to third party Web Sites. Any such Links are provided solely as a convenience to Member and do not constitute an endorsement by PetBoogaloo of such Web Sites and the third party content therein.
ARTICLE V: MISCELLANEOUS
Section 5.01 -- Entire Agreement: This Agreement contains the entire understanding of the parties relating to the subject matter hereof and supersedes all previous verbal and written agreements between PetBoogaloo and Member relating to the subject matter hereof.
Section 5.02 -- Amendments and Modifications: Excepting modifications made to the Policy Statement by PetBoogaloo and modifications made to this Agreement by PetBoogaloo, any alteration, modification or amendment of this Agreement shall be void unless such alteration, modification or amendment is in writing and signed by an authorized representative of PetBoogaloo
Section 5.03 -- Severability: If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
Section 5.04 -- Captions: The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Section 5.05 -- Governing Law: This Agreement shall be governed by the laws of the state [City and State of Governing Law], without regard to any rules of conflict or choice of laws which may require the application of laws of another state, and venue shall be [Venue].
Section 5.06 -- Member Notice: All notices to Member shall be in writing. Notices to Member shall be deemed delivered when posted conspicuously on the PetBoogaloo Site or when delivered to Member electronically, by commercial overnight delivery service, by Certified or Registered Mail - Return Receipt Requested - or by hand. Notices to Member shall be deemed given when dispatched. Notices posted conspicuously on the PetBoogaloo Site or delivered to Member electronically (including, without limitation, electronic mail) shall be deemed written notices.
Section 5.07 -- PetBoogaloo Notice: All notices to PetBoogaloo shall be in writing. Notices to PetBoogaloo shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail - Return Receipt Requested - or by hand to the address set forth below for PetBoogaloo. Notices to PetBoogaloo shall be deemed given on the date notice is received by PetBoogaloo (as evidenced in the case of Certified or Registered Mail by Return Receipt).
PetBoogaloo Address
PetBoogaloo Site, Inc. PO Box 371613
Denver CO 80237
Section 5.08 -- Pronouns/Gender: Pronouns and nouns shall refer to the masculine, feminine, singular or plural as the context shall require.
Section 5.09 -- Remedies: All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. The parties hereby acknowledge and agree that damages at law will be an inadequate remedy to PetBoogaloo In addition to remedies at law and other rights which may be available, PetBoogaloo shall have the right of specific performance, injunction or other equitable remedy (including, without limitation, the right to such equitable remedies prior to or pending arbitration) in the event of a breach or threatened breach of this Agreement by Member.
Section 5.10 -- Waiver: Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
Section 5.11 -- Survival: The terms and provisions of Sections 2.04 and 2.05 and Articles I, III, IV and V of this Agreement shall survive cancellation of the Password.
Section 5.12 -- Public Announcements: All public announcements concerning the PetBoogaloo Site or the relationship of Member and PetBoogaloo shall be subject to the prior written approval of PetBoogaloo
Section 5.13 -- Arbitration: . If a dispute arises out of or relates to this Agreement (“Dispute”), and if the Dispute cannot be resolved through direct discussion, the Dispute shall be settled by final and binding arbitration conducted in Denver County, Colorado by one neutral arbitrator, in accordance with this Agreement and the Colorado Uniform Arbitration Act (Colorado Revised Statutes § 13-22-201 et seq., formerly Colorado House Bill 04-1080 and effective in 2004, as amended from time to time) (“CUAA”). The arbitrator shall also determine whether a Dispute is subject to arbitration. Said arbitration shall be confidential. Except as provided below in this section, each Party shall bear its own expenses and the Parties shall equally share the filing and other administrative fees and the expenses of the arbitrator. Court and legal costs to enforce an arbitration award shall be borne by the Party failing to comply with the arbitrator’s award.
Section 5.14 -- Litigation Expense: In the event of litigation or arbitration arising out of or relating to this Agreement, each party shall pay its own costs and expenses of litigation or arbitration (excluding fees and expenses of arbitrators and administrative fees and expenses of arbitration).
