1.A This agreement governs
your use of ProfessorPooch.com Internet information service (the "Service"),
including the Community Center interactive chat and discussion areas (the "Interactive
Areas"), which is operated by ProfessorPooch.com. Additional terms and
conditions of use applicable to specific areas of the Service may also be posted
in such areas and, together with this agreement, govern your use of those areas.
This agreement, together with any such additional term and conditions, are referred
to as this "Agreement."
1.A 1 ProfessorPooch.com reserves the right, in its discretion, to change or
modify all or any part of this Agreement at any time, effective immediately
upon notice published on the Service. Your continued use of the Service constitutes
your binding acceptance of these terms and conditions, including any changes
or modifications made by PROFESSORPOOCH.COM as permitted above. If at any time
the terms and conditions of this Agreement are no longer acceptable to you,
you should immediately cease all use of the Service.
2. Use of Content
2.A You acknowledge that the Service contains information, software,
photographs, audio and video clips, graphics, links and other material (collectively,
the "Content") that are protected by copyright, trademark or other
proprietary rights of ProfessorPooch.com or third parties. All Content on the
Service is copyrighted as a collective work of ProfessorPooch.com pursuant to
applicable copyright law. You agree to comply with any additional copyright
notices, information, or restrictions contained in any Content available on
or accessed through the Service. Users of the Service may use the Content only
for their personal, noncommercial use.
2.B You may not modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, display, or in any way exploit any
of the Content, in whole or in part, except as expressly permitted in this Agreement.
Content consisting of downloadable software may not be reverse engineered unless
specifically authorized by the owner of the software's patent and/or copyright.
You may post on the Service any Content owned by you (such as your original
statements), Content for which you have received express permission from the
owner and Content in the public domain. You assume all risk and responsibility
for determining whether any Content is in the public domain. You grant to ProfessorPooch.com
the right to edit, copy, publish, distribute, translate and otherwise use in
any medium any Content that you place on the Service without compensation to
you. You represent and warrant that you are authorized to grant all rights set
forth in the preceding sentence.
2.C You may download or copy the Content only for your own personal use, provided
that you maintain all copyright and other notices contained in such Content.
You shall not store electronically any significant portion of any Content. Except
as expressly permitted by the copyright laws, no copying, storage, redistribution
or publication of any Content is permitted without the express permission of
ProfessorPooch.com or the owners of such Content or their authorized persons,
if other than PROFESSORPOOCH.COM. You may download from the Service any Content
in the public domain for your own personal use or for non-commercial redistribution.
3. Rules of Conduct
You shall not post on the Service any Content which (a) is libelous,
defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains
viruses or other contaminating or destructive features, (c) violates the rights
of others, such as Content which infringes any copyright, trademark, patent,
trade secret or violates any right of privacy or publicity, or (d) otherwise
violates any applicable law. You may not post on the Service any links to any
external Internet sites that are obscene or pornographic. You shall not use
the Service for any commercial purpose, to distribute any advertising or solicitation
of funds or goods and services or to solicit users to join competitive online
services.
4. Managing Content
ProfessorPooch.com does not and cannot review the Content posted
by users on the Service and is not responsible for such Content. However, ProfessorPooch.com
reserves the right to delete, move or edit any Content (including Content posted
in any Interactive Area) that it may determine, in its sole discretion, violates
this Agreement or is otherwise unacceptable. You shall remain solely responsible
for all Content posted by you. ProfessorPooch.com shall have the right, but
not the obligation, to correct any errors or omissions in any Content, as it
may determine in its sole discretion.
5. No Endorsement
5.A Although ProfessorPooch.com's intent is to try to relay accurate
information to the user, ProfessorPooch.com does not necessarily represent or
endorse the accuracy or reliability of all of it's Content posted on any Interactive
Area and you acknowledge that any reliance upon such Content shall be at your
sole risk. Any Content placed on any Interactive Area by users are the views
of the user posting the statement, and do not necessarily represent the views
of ProfessorPooch.com.
5.B The Service may contain links to sites on the Internet which are owned and
operated by third parties (the "External Sites"). You acknowledge
that ProfessorPooch.com is not responsible for the availability of, or the content
located on or through, any External Site. You should contact the site administrator
or Webmaster for those External Sites if you have any concerns regarding such
links or the content located on such External Sites.
6. Indemnity
You agree to indemnify, defend and hold ProfessorPooch.com and
its affiliates, and their respective officers, directors, owners, agents, information
providers and licensors (collectively, the "ProfessorPooch.com Parties")
harmless from and against any and all claims, liability, losses, costs and expenses
(including attorneys' fees) incurred by any ProfessorPooch.com Party in connection
with any use or alleged use of the Service under your password by any person,
whether or not authorized by you. ProfessorPooch.com reserves the right, at
its own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to cooperate
with ProfessorPooch.com's defense of such claim.
7. Termination of Service
PROFESSORPOOCH.COM reserves the right, in its sole discretion,
to restrict, suspend or terminate your access to all or any part of the Service,
including the Interactive Areas, at any time for any reason without prior notice
or liability. ProfessorPooch.com may change, suspend or discontinue all or any
aspect of the Service at any time, including the availability of any feature,
database, or Content (including the Interactive Areas), without prior notice
or liability.
8. DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY.
8.A NEITHER ProfessorPooch.com NOR ANY PROVIDER OF THIRD PARTY
CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DOES ProfessorPooch.com, ANY THIRD PARTY CONTENT PROVIDER,
OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED
FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED
ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF ProfessorPooch.com, THIRD
PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH
THE SERVICE. NEITHER ProfessorPooch.com NOR ANY THIRD PARTY CONTENT PROVIDER
WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE
FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY
AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE
AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.B NEITHER ProfessorPooch.com, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE
AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.C SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PROFESSORPOOCH.COM,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous
This Agreement shall be construed in accordance with the laws
of the State of Pennsylvania, and the parties irrevocably consent to bring any
action to enforce this Agreement in the federal or state courts located in Pennsylvania,
PA, the City of Philadelphia. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties with respect to
such subject matter. If any inconsistency exists between the terms of this agreement
and any additional terms and conditions posted on the Service, such terms shall
be interpreted as to eliminate any inconsistency, if possible, and otherwise,
the additional terms and conditions shall control. Sections 2, 3, 7, 8, 10 and
11 shall survive any termination of this Agreement as well as any other provisions,
which by their terms or sense are intended to survive.