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We welcome you (the "End User") to PinUpPets.com ("PinUpPets" or the "Site"). These terms and conditions govern your use of this Site, operated by PinUpPets. Please read these Terms of Use carefully before using this Site. By using this Site or otherwise interacting with or accessing any PinUpPets services, you consent and agree to be legally bound by these terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SITE AND YOU SHOULD EXIT THE SITE IMMEDIATELY.
We reserve the right, at any time, to amend or modify these Terms of Use by posting the amended or modified terms on the Site, which amendments and modifications shall take effect immediately upon their posting. By continuing to access or use PinUpPets after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Use.
Minors
PinUpPets is not targeted towards, nor intended for use by, anyone under the age of 18. By using PinUpPets, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use or access PinUpPets. Please see our Privacy Policy for more details concerning minors.
Content
If PinUpPets is notified by a merchant or End User, or otherwise becomes aware that any portion of any content on the Site: (i) violates the intellectual property right(s) of any third party; (ii) violates any applicable law(s); (iii) is libelous, defamatory, or obscene; (iv) is being distributed by a merchant improperly; (v) violates PinUpPets' Terms of Use; or (vi) may create liability for PinUpPets or is otherwise inappropriate, all as determined solely by PinUpPets, PinUpPets may remove that portion of the content from the Site, or take any other actions with respect to the content that PinUpPets, in its sole discretion, may determine. Any actions taken by PinUpPets in accordance with this paragraph shall not require any prior notice and shall not create any liability between the alleged violator and PinUpPets.
PinUpPets may remove any content from the Site or take any other actions with respect to any content on the Site that PinUpPets, in its sole discretion, determines does not conform to PinUpPets' then-current specifications or in any manner, method, or form disrupting PinUpPets' services.
Links to Other Websites
PinUpPets may provide links to the websites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by PinUpPets of the content of such third-party sites nor of the business practices of such other websites, businesses, entities or individuals. PinUpPets is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way for, the products, services, offerings, or business practices of any of these businesses, entities, or individuals or the content of their websites. You should carefully review the respective privacy statements and terms of use of such other websites.
PinUpPets has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety, or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site.
Disclaimer of Warranties
THE SITE AND ALL LINKS TO ANY MERCHANT'S WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT 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. IN NO EVENT SHALL PINUPPETS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, OR INDEMNITY.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY EXPRESSLY RELEASE PINUPPETS, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS, AND OTHER THIRD PARTIES UNDER CONTRACT WITH PINUPPETS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
PinUpPets does not warrant that product descriptions, pricing, editorial commentary, or any other content on PinUpPets, regardless of its source, are accurate, complete, reliable, current, or error-free. PinUpPets' content is provided exclusively for informational purposes only and does not constitute an endorsement by PinUpPets of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. PinUpPets assumes no liability for the content on PinUpPets.
In general, sales taxes and shipping costs, if any, which may be posted on the Site are estimates based on the geographical location of your IP address. You should provide a merchant with your actual ZIP code if you would like to improve the accuracy of the sales tax and shipping cost estimates. Please check with specific merchants for the exact sales tax and shipping costs charged.
Intellectual Property & Ownership Rights
All content available on PinUpPets, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by PinUpPets, with all rights reserved, or is the property of PinUpPets or third parties protected by intellectual property rights.
You may download, view, and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in these Terms of Use. All right, title, and interest in and to PinUpPets, and any other content appearing on PinUpPets which is the original property of PinUpPets, shall, at all times, remain the exclusive property of PinUpPets and its licensors. Except as expressly permitted in these Terms of Use, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use PinUpPets, or any other content appearing on PinUpPets. You may not copy or modify the HTML code used to generate web pages on PinUpPets. You may not use PinUpPets, or any other content appearing on PinUpPets, on or in connection with any other website for any purpose.
Electronic Data Collection
These Terms of Use do not include, and strictly prohibit: any resale of PinUpPets' content; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of PinUpPets' content; or any use of data mining, robots, spiders, web-crawlers, or similar data gathering and extraction tools. This Site, including its operation, interface, and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of PinUpPets. Any unauthorized use shall immediately terminate any rights granted by PinUpPets to any End User hereunder, and may subject the infringer to civil and/or criminal prosecution.
DMCA Compliance
If you believe any content on PinUpPets infringes your copyright, you should immediately send a notice of any such potential infringement to PinUpPets' Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
1. An identification of the copyrighted work claimed to have been infringed;
2. An identification of the material that you claim is infringing so that we may locate it on the Site;
3. Your address, telephone number, and e-mail address;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved; and
6. Your signature.
The notice should be mailed to:
PinUp Pets, Inc.
110-64 Queens Boulevard, #260
Forest Hills, NY 11375
Tel.: 718.544.1525
E-mail: info@pinuppets.com
Upon receipt of notice as described above, PinUp Pets will take whatever action, in its sole discretion, it deems appropriate.
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