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TERMS OF SERVICE
Revised 14th December, 2017
Pets 'n' Friends welcomes you. Pets 'n' Friends provides the Pets 'n' Friends Services (as defined below) to you subject to the following Terms of Service ("TOS"). You can review the most current version of the TOS at any time at http://pets-n-friends.com/tos.php. By accessing and using the Pets 'n' Friends Services, you accept and agree to be bound by the terms and provision of the TOS. The TOS is a legal agreement between you and Pets 'n' Friends and applies to you whether you are a user of the Site and Pets 'n' Friends Services (defined below), a customer of Pets 'n' Friends Paid Services (defined below) or a visitor just browsing the Site (collectively, "Users"). The TOS limits Pets 'n' Friends's liability and obligations to you, grants us certain rights in your Content (defined below) and allows us to change, suspend or terminate your access to and use of the Site and Pets 'n' Friends Services. The TOS and the other policies posted on the Site or made available via the Pets 'n' Friends Services govern your access to and use of the Site and Pets 'n' Friends Services, including any content, information, products or services therein.
IMPORTANT - MULTI ACCOUNTING
Following the introduction of email registered accounts (14th December 2017) we wish to clarify the TOS as follows. If (on the sole basis of the judgment of any administrator appointed by Pets 'n' Friends to investigate multi-accounting) an account exists for the primary purpose of enriching another account, notwithstanding whether either or both accounts is known to belong to a unique real person, this is considered to be cheating, and can result in sanctions up to and including the banning of both the sending and receiving accounts with loss of all game property.
DESCRIPTION OF PETS 'n' FRIENDS SERVICES
Pets 'n' Friends provides Users with an online game platform and Paid Services, such as premium User services, through its network of properties which may be accessed through its website at http://www.pets-n-friends.com/, ("the Site"), through Facebook at http://apps.facebook.com/petsnfriends/ or https://apps.facebook.com/petsnfriends/ and various media or devices now known or hereafter developed (collectively, the "Pets 'n' Friends Services").
REGISTRATION AND ELIGIBILITY
In order to access certain features of the Site and Pets 'n' Friends Services, you will have to create a Pets 'n' Friends account and become a "User." You must be 13 years of age or older to become a User. If you are between the age of 13 and 17, we encourage you to get permission from your parent or guardian to use Pets 'n' Friends. When you register with Pets 'n' Friends and set up your Pets 'n' Friends account, you agree that all information provided to Pets 'n' Friends upon registration and at all other times will be true, accurate, current and complete.
When you sign up to become a User, you may be asked to install the Pets 'n' Friends application through Facebook. You are entirely responsible for maintaining the confidentiality of your Facebook account and password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Pets 'n' Friends immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
If you become a User you consent to the use of: (a) electronic means to complete these TOS and to provide you with any notices given pursuant to these TOS; and (b) electronic records to store information related to these TOS or your use of the Site and Pets 'n' Friends Services.
PETS 'n' FRIENDS MATERIALS
General. Pets 'n' Friends makes certain content available through the Site. "Pets 'n' Friends Materials" mean all materials originated by Pets 'n' Friends and otherwise made available through the Site and Pets 'n' Friends Services, including, without limitation, the Pets 'n' Friends logo, and all designs, text, data, graphics, other files, and the selection and arrangement thereof. Pets 'n' Friends and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Pets 'n' Friends Materials, and the trademarks, service marks and logos contained therein other than your Content. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Pets 'n' Friends Materials, Content or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Pets 'n' Friends Materials, Content (other than your Content).
Pets 'n' Friends Trademarks. The Pets 'n' Friends name and logo are trademarks of Pets 'n' Friends, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pets 'n' Friends. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Pets 'n' Friends, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pets 'n' Friends, other than by the original artist as a part of their portfolio.
You understand that all information, listings, data, text, software, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, excluding Pets 'n' Friends Materials, are the sole responsibility of the person from which such Content originated. If you are submitting Content on behalf of one or more entities or persons ("third parties") then you confirm and warrant that you are authorised to act on behalf and bind such entity(s) or person to the TOS. You understand that by using Pets 'n' Friends Services, you may be exposed to Content that is offensive, indecent or objectionable.
You, or a third party licensor, as appropriate, retain partial intellectual property rights in the Content you submit. By submitting Content on or through the Services, you grant Pets 'n' Friends, under those intellectual property rights, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable license to distribute, reproduce, modify, perform and display and otherwise use the Content in Pets 'n' Friends Services. Your Content may be integrated into Pets 'n' Friends Services as improvements. This license is solely for the purpose of providing, promoting and improving Pets 'n' Friends Services.
You are explicitly allowed to use content created using Pets 'n' Friends Services on the platform where the content was created and for non commercial use in any other place.
You agree that you are responsible for your own conduct and Content while using Pets 'n' Friends Services and for any consequences thereof. You agree to use Pets 'n' Friends Services only for purposes that are legal, proper and in accordance with the TOS and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using Pets 'n' Friends Services, you will not:
While Pets 'n' Friends prohibits such conduct and Content in connection with Pets 'n' Friends Services, you understand and agree that Pets 'n' Friends may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to Pets 'n' Friends Services.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United Kingdom or your country of residence.
TERMINATION OR SUSPENSION OF THE SITE OR PETS 'n' FRIENDS SERVICES AND MODIFICATION OF THE TOS
By User: You may terminate your Pets 'n' Friends account at any time for any reason by uninstalling the application on Facebook, if applicable, or by e-mailing "Forum Admin" on our forum at http://www.totallysocial.me/mspforum/. After receipt of your termination notice, Pets 'n' Friends will terminate your account. Any fees paid by you prior to your termination are nonrefundable, including any fees paid in advance for the term during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
By Pets 'n' Friends: Pets 'n' Friends reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Pets 'n' Friends Services, or modify these TOS without advance notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Pets 'n' Friends Services, and if applicable, cancel your Pets 'n' Friends account. By continuing to access or use the Site and Pets 'n' Friends Services after Pets 'n' Friends makes any such revision, you agree to be bound by the revised TOS.
Without limiting other remedies, Pets 'n' Friends may immediately terminate or suspend your access to the Site and Pets 'n' Friends Services and remove any material (including Content) from the Site or our servers, in the event that you breach these TOS. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Pets 'n' Friends Services or your access thereto at any time and for any reason.
After any termination by you or Pets 'n' Friends: You understand and acknowledge that we will have no further obligation to provide the Pets 'n' Friends Services. Upon termination, all licenses and other rights granted to you by these TOS will immediately cease. Pets 'n' Friends is not liable to you or any third party for termination of the Pets 'n' Friends Services or termination of your use of the Pets 'n' Friends Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Pets 'n' Friends will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to Pets 'n' Friends under these TOS (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Fees. If you purchase any services that we offer for a fee, including without limitation any premium User services, either on a one-time or subscription basis (collectively, "Paid Services"), you agree to pay all fees and charges specified when you signed up for the Services and any part thereof. All fees are exclusive of applicable taxes (eg sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Services.
Credit Card Authorisation. You may be asked to provide Pets 'n' Friends with a credit card number from a card issuer that we accept in order to activate and/or pay for any fees related to Paid Services. You agree that any credit card and related billing and payment information that you provide may be shared by Pets 'n' Friends with companies, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Pets 'n' Friends and servicing your account. Pets 'n' Friends may seek pre-authorisation of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorisations will reduce your available balance by the authorisation amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorisation amount will be removed from your statement.
Payment Method. Pets 'n' Friends will charge the subscription fee and any other additional fees you authorise to the charge or credit card account provided by you. By authorising Pets 'n' Friends to charge a credit card for the fees associated with your subscription, you are authorising Pets 'n' Friends to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Pets 'n' Friends of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below. You authorise the card issuer to pay any amounts described herein and authorise Pets 'n' Friends, or any other company that acts as a billing agent for Pets 'n' Friends, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. You agree to provide Pets 'n' Friends updated information on your credit card upon Pets 'n' Friends's request and any time the information earlier provided is no longer valid. If payment is not received by Pets 'n' Friends from your credit card issuer or its agents, you agree to pay all amounts due upon demand by Pets 'n' Friends.
You agree to defend, indemnify, and hold Pets 'n' Friends, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Pets 'n' Friends Services, Pets 'n' Friends Materials and Content; (ii) your violation of the TOS; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE PETS 'n' FRIENDS SERVICE, SITE, MATERIALS AND USER CONTENT IS AT YOUR SOLE RISK. THE PETS 'n' FRIENDS SERVICE, SITE, PETS 'n' FRIENDS MATERIALS AND USER CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PETS 'n' FRIENDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PETS 'n' FRIENDS SERVICE, SITE, PETS 'n' FRIENDS MATERIALS AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PETS 'n' FRIENDS MAKES NO WARRANTY THAT (i) THE SITE OR PETS 'n' FRIENDS SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND PETS 'n' FRIENDS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR PETS 'n' FRIENDS SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND PETS 'n' FRIENDS SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE AVAILABLE THROUGH THE SITE OR PETS 'n' FRIENDS SERVICES WILL BE CORRECTED.
ANY DOWNLOADING OR USE OF ANY CONTENT OR MATERIAL VIA THE PETS 'n' FRIENDS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PETS 'n' FRIENDS OR THROUGH OR FROM THE SITE OR PETS 'n' FRIENDS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PETS 'n' FRIENDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PETS 'n' FRIENDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PETS 'n' FRIENDS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PETS 'n' FRIENDS'S CUMULATIVE LIABILITY TO YOU EXCEED FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A PAID SERVICE, IF ANY, OR US $100, WHICHEVER AMOUNT IS GREATER.
The TOS constitutes the entire agreement between you and Pets 'n' Friends and governs your use of the Services, superseding any prior agreements between you and Pets 'n' Friends. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Pets 'n' Friends Services, third-party Content or third-party software. You will not assign the TOS or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Pets 'n' Friends. Any purported assignment or delegation by you without the appropriate prior written consent of Pets 'n' Friends will be null and void. Pets 'n' Friends may assign the TOS or any rights hereunder without your consent. The TOS and the relationship between you and Pets 'n' Friends shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and Pets 'n' Friends agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. The failure of Pets 'n' Friends to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS AND COMMENTS
Please report any violations of the TOS or make any comments by e-mailing "Forum Admin" on our forum at http://www.totallysocial.me/mspforum/. You agree, however, that: (i) by submitting unsolicited ideas to Pets 'n' Friends or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Pets 'n' Friends or any of its employees or representatives automatically become the property of Pets 'n' Friends. You hereby assign and agree to assign all rights, title and interest you have in such comments and ideas to Pets 'n' Friends together with all intellectual property rights therein.
CONTACTING PETS 'n' FRIENDS
If you have any questions about the TOS, please e-mail "Forum Admin" on our forum at http://www.totallysocial.me/mspforum/.