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Terms & Conditions

Welcome to our web site. If you continue to browse and use this web site you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Petsnearby’s relationship with you in relation to this website. The term “Petsnearby” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.

Petsnearby.com/Petsnearby.co.nz (for the remainder of the text will be referred to as “Petsnearby” or otherwise specifically stated) is a website for sharing and mapping your pet’s facts and photos with other pet lovers. It is operated by Petsnearby, Ltd., a privately held company in Auckland, New Zealand. By using the petsnearby.com website, 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. We reserve the right to modify or terminate the petsnearby.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 from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

Eligibility and registration

As part of the registration process, you will be asked to select a first name, last name, pet name, your email address and password and you will be responsible for all activities occurring under your username and or pet name and 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 us in our sole discretion. By registering, you agree that all information provided in the Registration Data is true and accurate. The Service is not available to individuals who are younger than 13 years old (In compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). You are responsible for maintaining and updating your Registration Data to keep it current, complete and accurate.

Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your password to anyone. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We are not responsible or liable for any loss or damage arising from activities under your account or password.

You may not transfer or share your account or password with anyone. We reserve the right to immediately terminate your account if you do transfer or share your account. If you lose control of your password or if your password has been compromised for any reason, you should immediately notify us at recovery@petsnearby.com and change your password.

Please note that while you control what emails you receive from us, a periodic system update email cannot be unsubscribed from petsnearby.com. This is our way of keeping our users informed of service updates and our affiliates and should not occur more than once a month. Other types of email notifications can be unsubscribed from by modifying your account details.

Please refer to our Privacy Policy, which is hereby incorporated by reference. This policy informs you of our practices with respect to online collection, use and disclosure of personal information.

Appropriate conduct and content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Petsnearby cannot guarantee the authenticity of any Content or data, which users may provide about them. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" Includes, without limitation, any location information, "posts", videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Petsnearby on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by users is collectively referred to as, "User Submissions".

Petsnearby Content

The Service contains Content specifically provided by Petsnearby and copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable, protect such Content. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Service.

Subject to these Terms of Use, Petsnearby grants each user of the Site and/or Service a New Zealand wide, non-exclusive, non-sub-licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Petsnearby Ltd., or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

User Submissions

We may use your User Submissions in a number of different ways in connection with the Site, Service and Petsnearby’s business as petsnearby.com may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant petsnearby.com a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Petsnearby's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, Including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that petsnearby.com will not be liable for any errors or omissions in any Content; and that petsnearby.com cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submission.

Rules and conduct

You may not use the petsnearby.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, Including laws regulating the export of data from New Zealand or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content ("Materials") that you submit, post, and display on the petsnearby.com service.

We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are 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. Other examples of illegal or unauthorized uses Include, but are not limited to: modifying, adapting, translating, or reverse engineering any portion of the petsnearby.com service; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the petsnearby.com service; collecting any information about other Members (Including usernames and/or email addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of the petsnearby.com service; creating user accounts by automated means or under false or fraudulent pretenses; 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 service; submitting Materials of any third party without such third party's prior written consent; directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by petsnearby.com; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, logic bombs, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.

You shall not (directly or indirectly):

While petsnearby.com 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 petsnearby.com service at your own risk.

Petsnearby's proprietary rights

By submitting, posting or displaying any Materials on or through the petsnearby.com 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 Petsnearby, Ltd., you may not copy, modify, publish, transmit, distribute, perform, display or sell any of petsnearby.com proprietary information which Includes the sum of all postings and photos to the site. The Petsnearby logo and "petsnearby.com"/”petsnearby.com” are trademarks of Petsnearby, Ltd. "Petsnearby: The online pet community” registered word mark of Petsnearby, Ltd.

Privacy policy

Our Privacy Policy governs our collection and use of personal information. Click here to review the Petsnearby Ltd. Privacy Policy. You understand and agree that petsnearby.com 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 petsnearby.com, its affiliates or the public.

We work with third parties who provide services, Including but not limited to website hosting, e-commerce affiliation, data analysis, emailing and other services of an administrative nature. Personally identifiable information is shared with such third parties for the purpose of providing such services. Further, we may use selected reputable 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 such third parties, we seek to restrict their ability to use such information for their own marketing purposes; however, we cannot be responsible for the privacy policies or practices of such third parties.

Disclaimer of warranties

Petsnearby, Ltd. and Petsnearby disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the petsnearby.com service. Petsnearby disclaims any and all responsibility and liability for the conduct of any Member. THE PETSNEARBY.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE PETSNEARBY.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PETSNEARBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU AGREE THAT YOUR USE OF THE PETSNEARBY.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.

Hold harmless and indemnity

You agree to hold harmless and indemnify Petsnearby, Ltd. from and against any third party claim arising from or in any way related to your use of the petsnearby.com 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 PETSNEARBY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PETSNEARBY.COM SERVICE, WHETHER OR NOT PETSNEARBY 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 PETSNEARBY.COM SERVICE, FROM INABILITY TO USE THE PETSNEARBY.COM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PETSNEARBY.COM 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.

Term and termination

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

Notices

Petsnearby may provide you with notices regarding the petsnearby.com service or these Terms of Service by regular mail, 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 New Zealand, 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 court located in North Shore City, AUCKLAND, New Zealand. 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.

Without limiting the foregoing, under no circumstances shall Petsnearby 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, 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, 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 and Petsnearby Ltd. with 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 petsnearby.com 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 fax or regular 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. For example, "The copyrighted work at issue is the image that appears on Mitten's Profile on www.petsnearby.com/mitten."
  2. Identify the material that you claim is infringing the material listed in item A. above.
  3. Provide information reasonably sufficient to permit petsnearby.com to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit petsnearby.com 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. Sign the paper
  8. Send the written communication to, Petsnearby Ltd.

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 fax or regular 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 petsnearby.com has removed or to which petsnearby.com has disabled access.
  2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Auckland District Court, and that you will accept service of process from the person who provided notification to petsnearby.com 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. Sign the paper.
  5. Send written communication to:

Petsnearby
Petsnearby, Ltd.
Ecentre, Gate 5, Oaklands Road,
Massey University,
Albany, Auckland, 0632