Welcome to PetCiel. PetCiel provides the PetCiel Services (described below) to you under these Terms of Service ("Terms"). In these Terms "you" means the individual using the PetCiel Services. "PetCiel" means the private person that is the rightful owner of this software.
PetCiel is not responsible for services it does not provide. The terms of service governing a service should always explain who provides the service. You should always look at the terms of service that apply to each service you use especially when you register for a service. The PetCiel terms can usually be found via a link at the bottom of each page of the PetCiel Services.
2Accepting the terms
By using the PetCiel Services, you agree to follow these Terms. These Terms also include the following guidelines and terms:
- Online guidelines
- PetCiel Terms of Service
If any of these documents contradict each other, the terms will apply in this order: PetCiel Terms of Service, Terms of Service, online guidelines.
You may not use the PetCiel Services and may not accept the Terms if you are a person barred from receiving the PetCiel Services under the laws of or other applicable laws.
These Terms form a legally binding agreement between you and PetCiel in relation to your use of the PetCiel Services. It is important that you take the time to read them carefully.
3The PetCiel services
PetCiel provides to you a collection of online resources which may be accessed through various media or devices now known or developed afterwards (the "PetCiel Services").
The PetCiel Services may include important communications from PetCiel, such as service announcements and administrative messages. These communications are considered part of the PetCiel membership and you will not be able to opt out of receiving them.
4Registration and account security
You agree to provide accurate and complete information about yourself when required by the PetCiel Services' registration form (the "Registration Data") and ensure your Registration Data is kept up to date.
PetCiel will issue you with a password and an PetCiel ID when you complete the PetCiel Services' registration process. You are responsible for maintaining the confidentiality of your password and security of your account. Accordingly, you are solely responsible for all activities that occur under your account. You will:
- Immediately notify PetCiel of any unauthorized use of your account and any other breach of security
- Ensure that you sign out from your account at the end of each session.
- Your account is strictly personal and sharing your account and password with others is prohibited and may result in cancellation of your account in accordance with section 13 below
5Advice for children
PetCiel is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the PetCiel Services should supervise their access to the PetCiel Services and determine as legal guardians whether any of the PetCiel Services and its content are appropriate for them. By allowing their child access to the PetCiel Services, parents acknowledge and accept that they will be able to access all of the PetCiel Services including email, communities and social networking services.
In any case, it is our policy not to allow children who are registered with PetCiel as under 18 years of age to use services provided by PetCiel.
6Privacy and data disclosure
PetCiel may access, preserve, and disclose your information and User Content:
- To its affiliated companies worldwide for the purpose of providing the PetCiel Services to you in an efficient manner
- For the purpose of properly administering your account in accordance with the standard operating procedures of PetCiel or its affiliated companies
- If required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any User Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of PetCiel, its users and the public
7User content and conduct
You are solely responsible for all information, data, text, photographs, graphics, tags and other materials that you submit to the PetCiel Services ("User Content"). You agree not to do anything on, or submit any User Content to, the PetCiel Services that:
- Infringes any laws (for example, defamation law) or regulations or the rights of another (for example, the laws of copyright or privacy) or encourages others to do so
- Is obscene, threatening, violent, abusive, harmful to others including minors, invasive of another's privacy, hateful, harassing, discriminatory or otherwise objectionable
- Impersonates another or misrepresents the origin or attributes (including age) of a user or User Content
- Is "spam" or any other form of unsolicited advertising, promotional materials, or commercial messages except in areas where this is expressly allowed
- Contains or links to computer viruses, malware or any other malicious code
- Disrupts or impairs the normal operation of the PetCiel Services, or servers or networks connected to the PetCiel Services
- Collects User Content or user information, or otherwise accesses the PetCiel Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission
- Reproduces, trades in or otherwise exploits for any commercial purposes, any part of the PetCiel Services (including User Content, advertisements, Software and your PetCiel ID)
PetCiel has no obligation to monitor User Content. PetCiel may reject, re-categorize or delete any User Content that is available via the PetCiel Services that violates the Terms or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of any User Content.
The PetCiel Services and software embodied within the PetCiel Services may include security components that permit digital materials to be protected. Use of these materials is subject to usage rules set by PetCiel or content providers who provide content to the PetCiel Services. You may not attempt to override or circumvent any of the usage rules embedded into the PetCiel Services. Any unauthorized reproduction, publication, further distribution or public exhibition of any of the materials provided on the PetCiel Services, is strictly prohibited.
8Licence from you to PetCiel
You retain copyright and any other rights you already hold in User Content that you submit, or make available through, the PetCiel Services. When you submit or make available User Content on publicly accessible areas (described below) of the PetCiel Services, you give to PetCiel the following license(s):
For photos, graphics, you submit or make available on publicly accessible areas through the PetCiel Services, you give to PetCiel the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, adapt, publish, translate, create derivative works from, publicly perform and publicly display the User Content on the PetCiel Services:
- For the purposes for which that User Content was submitted
- For the purpose of promoting the PetCiel property to which the User Content was submitted or the PetCiel Services anywhere on the PetCiel network or in connection with any distribution or syndication arrangement with other organizations or individuals or their sites
This license exists only for as long as you continue to include the User Content on the PetCiel Services and will end at the time you remove, or PetCiel removes, the User Content from the PetCiel Services.
For all other User Content you submit or make available for inclusion on publicly accessible areas through the PetCiel Services, the worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable license to use, distribute, reproduce, adapt, publish, translate, create derivative works from, publicly perform and publicly display the User Content anywhere on the PetCiel network or in connection with any distribution or syndication arrangement with other organizations or individuals or their sites in any format or medium now known or later developed. Your User Content and any associated public user profile on the PetCiel Services may appear on local PetCiel sites in other countries.
"Publicly accessible" areas of the PetCiel Services are those areas of the PetCiel Services that are intended by PetCiel to be available to the general public.
You are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the PetCiel Services. PetCiel is not responsible for the disclosure and public accessibility of such personal data or information. Any personal data or information (or any other User Content) posted to publicly accessible areas may remain publicly accessible indefinitely.
9Contributions to PetCiel
When you submit ideas, suggestions, documents, and/or proposals ("Contributions") to PetCiel through its suggestion or feedback webpages, you agree that:
- Your Contributions do not contain confidential or proprietary information
- PetCiel is not under any obligation of confidentiality, express or implied, with respect to the Contributions
- PetCiel will be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide
- PetCiel may have something similar to the Contributions already under consideration or in development
- Except where expressly prohibited by applicable laws, your Contributions automatically become the property of PetCiel without any obligation of PetCiel to you and you waive all moral rights
- You are not entitled to any compensation or reimbursement of any kind from PetCiel under any circumstances
To the fullest extent permitted by applicable law, you agree to indemnify and hold PetCiel and its subsidiaries, affiliates, officers, agents, licensors, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of User Content you submit or otherwise make available through the PetCiel Services, your use of, or connection to, the PetCiel Services, your violation of the Terms, or your violation of any rights of another.
PetCiel may establish general practices and limits concerning use of the PetCiel Services, including the maximum number of days that communication messages or other User Content will be retained, the maximum size and number of User Content or communication messages that may be submitted or received by an account, the maximum storage space that will be allotted to an account, the maximum number of times (and the maximum duration for which) you may access the PetCiel Services in a given period of time.
PetCiel may change these general practices and limits by giving you reasonable notice before the changes take place, in accordance with section 20 below.
12Changes to the PetCiel services
PetCiel is constantly innovating in order to provide the best possible experience for its users. Accordingly, PetCiel may change, interrupt, suspend or cancel any of the PetCiel Services temporarily or permanently. We may not tell you beforehand about changes or interruptions that do not materially disadvantage our users or do not materially limit the usage of our services, for example, the addition of functionalities and features or a change to the registration process.
In accordance with section 20, we will tell you a reasonable amount of time in advance of any changes or cancellations of PetCiel Services that will materially disadvantage our users or materially limit the usage of PetCiel Services. This will allow you sufficient time to save any User Content that you may have in that service.
For changes we need to make to meet security, legal and regulatory requirements, we may not be able to meet the timescale above. We will let you know about these changes as soon as we can.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
13Cancelling your account / email address
PetCiel may, without telling you, immediately cancel or limit your access to your PetCiel account and PetCiel Services for the following reasons, including:
- If you violate the Terms, including incorporated agreements or guidelines
- Requests by law enforcement or other government agencies under valid legal process
- Unexpected technical or security issues or problems
- Extended periods of inactivity in accordance with our account deletion policy
PetCiel will make these decisions in PetCiel's sole discretion. PetCiel will not be responsible for any loss you may suffer through the cancellation of your account, any associated email address, or access to the PetCiel Services.
Cancellation of your PetCiel account may include the following:
- Removal of access to any of the offerings within the PetCiel Services
- Deletion of your information and User Content associated with or inside your account
If you are not fully satisfied with your purchased service, we can offer a refund of your last payment within 30 days.
PetCiel may sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Content. PetCiel is entitled to retain all revenue generated from any sales or licences of such advertising, attribution, links, or promotional or distribution rights.
Your dealings with advertisers found on or through the PetCiel Services, including participation in promotions or payment and delivery of goods or services, and any other terms, conditions, guarantees or representations associated with these dealings, are solely between you and the advertiser. To the fullest extent permitted by applicable law, you agree that PetCiel will not be responsible for any loss or damage of any kind incurred as the result of these dealings or as the result of the presence of advertisers on the PetCiel Service.
16External links and content
The PetCiel Services may include content, applications and services from or links to external websites or resources ("External Content"). All External Content is the responsibility of the external provider and provided by them subject to their own terms. PetCiel has no control over and does not endorse any External Content and PetCiel is not responsible for the availability, accuracy or reliability of such External Content, or for any loss suffered by you based on reliance on the External Content. Any dispute you have regarding External Content on the PetCiel Services should be taken up with the external provider directly.
17PetCiel's proprietary rights
The PetCiel Services, which includes any necessary software used in connection with the PetCiel Services ("Software"), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in advertisements or information presented to you through the PetCiel Services may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by PetCiel or the applicable licensor (such as an advertiser), you will not use, distribute, reproduce, adapt, publish, translate, create derivative works from, rent, sell, publicly perform or publicly display the PetCiel Services, any User Content or Software.
PetCiel gives to you a personal, non-transferable and non-exclusive license to use the object code of its Software on a single computer. However, you must not (and must not allow any other person to) copy, adapt, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. This will not apply where you are expressly permitted to do so by law or the relevant licensor.
You must not access the PetCiel Service by any means other than through the interface that is provided by PetCiel for use in accessing the PetCiel Services, unless you have been specifically told that you may do so by PetCiel in writing.
18Exclusion of warranties
The PetCiel Services and Software are provided "as is" and PetCiel, its subsidiaries, affiliates and licensors cannot give you any guarantees with respect to them. In particular, PetCiel, its subsidiaries, affiliates and licensors cannot represent or guarantee that:
- Your use of the PetCiel Services and Software will meet your requirements
- Your use of the PetCiel Services and Software will be uninterrupted, timely, secure or free from error
- Any information obtained by you as a result of your use of the PetCiel Services or Software will be accurate or reliable
- Defects in the operation or functionality of any Software provided to you as part of the PetCiel Services will be corrected
No conditions or other terms (including any implied terms as to merchantability/satisfactory quality, fitness for purpose, provision of services to a standard of reasonable care and skill, non-infringement of intellectual property rights or conformance with description) apply to the PetCiel Services or Software.
Nothing in the Terms affect your legal rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
19Limitations of liability
Unless the Terms say otherwise, PetCiel, its subsidiaries, affiliates and licensors, have no responsibility to you or to pay you compensation for financial loss or loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, or wasted expenditure:
- For any information or User Content which is lost, corrupted or mis-delivered
- For any damage to your computer system, internet access, download or display device or loss of data that results from the download of any material
- For any changes that PetCiel may make to the PetCiel Services or Software
- For the unavailability of any of the PetCiel Services or Software
- For any loss that could not have been reasonably expected because you have used the PetCiel Services or Software for business
- For any loss you may suffer if you violate the Terms in any way, including your failure to give PetCiel accurate and current Registration Data, or your failure to keep your password or account details secure and confidential.
These limitations will apply whether or not PetCiel has been advised of or should have been aware of the possibility of any losses arising.
20Disclaimer relating to financial, health and legal information
Information obtained through the PetCiel Services is for informational purposes only and should never be used as a substitute for advice from a qualified professional. Some of the information on the PetCiel Services may only be relevant to certain countries. The opinions expressed through information and User Content on the PetCiel Services are the opinions of the individual author and do not reflect the opinions of PetCiel.
If you use the PetCiel Services for financial information including about companies, share quotes, investments or securities, please read the above sections 17 - 18 again. Information obtained through the PetCiel Services should never be used as a substitute for professional financial advice. No content or User Content from the PetCiel Services is intended for trading or investing purposes. PetCiel, its subsidiaries, affiliates and licensors are not responsible for any financial, trading or investment decisions based on such information.
Information obtained through the PetCiel Services should never be used as a substitute for professional medical advice, examination, diagnosis or treatment. Always seek the advice of your doctor or other qualified health professional before starting any new treatment or making any changes to existing treatment.
Information obtained through the PetCiel Services should never be used as a substitute for professional legal advice. Always seek the advice of a suitably qualified lawyer authorized to practice in the appropriate jurisdiction before taking any course of action that may affect your legal rights.
You may communicate with PetCiel via the contact details provided on our website or at email@example.com..
PetCiel may give you notices (such as those regarding changes to the Terms) by various methods, including email, regular mail, text message, online notices on the PetCiel Services, social media or other reasonable means. Notifications about PetCiel Services for which no registration is required are generally announced via an online notice on the PetCiel Service.
If you violate these Terms by accessing the PetCiel Services in an unauthorised manner, you may not receive notices. You agree that you are deemed to have received all notices that would have been delivered had you accessed the PetCiel Services in an authorised manner.
PetCiel's trademarks, trade names, service marks, and other PetCiel logos, brand features, and product and service names are trademarks and the property of PetCiel (the "PetCiel Marks"). You agree not to use in any manner, the PetCiel Marks without PetCiel's prior written permission.
23Terms and copyright violation
Please report any violations of the Terms to firstname.lastname@example.org.
PetCiel respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the PetCiel Services, please report the problem.
24Changes to these terms
PetCiel may update these Terms in the future for various reasons, including, to accommodate changes in the law or changes to the PetCiel Services. We will give you reasonable advance notice of any material changes before we apply them. Notifications will be made in accordance with section 20 above.
If you do not agree to the changes in the Terms, you should stop using the PetCiel Services and Software.
Entire Agreement. These Terms (including applicable online guidelines referred to above) make up the entire agreement between you and PetCiel and govern your use of the PetCiel Services, overriding any previous version of these Terms between you and PetCiel about the PetCiel Services. You may be subject to additional terms and conditions that may apply when you use or purchase some PetCiel Services, affiliate services, or content or software from other organizations or persons.
Language. Where these Terms have been translated and provided in a language other than English, the provisions of the English-language version shall prevail and govern in the event of any conflict or inconsistency in interpretation.
Neither of us will be considered to have waived any right under these Terms because of failure or delay in exercising that right. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms will remain in full force and effect.
Neither PetCiel nor you may transfer any of these Terms except that PetCiel may transfer any of the Terms to a company that is a subsidiary or holding company of PetCiel, or a subsidiary of that holding company. We will give you reasonable notice before this occurs. Notifications will be made in accordance with section 20 above.
If PetCiel or you cannot do what has been promised in these Terms because of something beyond our reasonable control, neither PetCiel nor you will be responsible for this. If the events continue for more than three months, PetCiel or you can cancel these Terms immediately by giving written notice.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
The words "include" or "including" in these Terms mean without limitation to the words following.
Unless the Terms say otherwise, there will be no third-party beneficiaries to this agreement.
No Right of Survivorship and Non-Transferability. Your PetCiel account is non-transferable and any rights to your PetCiel ID or contents within your account will be canceled upon your death. If we receive a copy of a death certificate, the relevant account may be canceled and all its contents permanently deleted.