| Animaroo User Agreement: |
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| THE FOLLOWING DESCRIBES THE TERMS ON WHICH ANIMAROO OFFERS YOU ACCESS TO OUR SERVICES. |
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Welcome to the user agreement (the "Agreement" or "User Agreement") for Animaroo. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.animaroo.com (the "Site") and the general principles for the websites of our subsidiaries and affiliates. If you do not agree with the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Animaroo. We strongly recommend that, as you read this User Agreement, and that you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an Animaroo user. By accepting this User Agreement, you also agree that your use of other Animaroo websites such as the “Animaroo Breed Management System” will be governed by the User Agreement and Privacy Policy posted on this Site.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement is effective upon acceptance in registration for new registering users.
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| 1. Eligible members |
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| Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Animaroo members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Animaroo account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. |
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| 2. Services Offered & Fees Associated |
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Joining Animaroo is free. We do charge fees for all non adoption listings and when you post any ad you have an opportunity to review and accept the fees that you will be charged. You understand and agree that some of the services offered by Animaroo include promotional offers and advertisements. You may receive communications from Animaroo in the form of messages, advertising and announcements. You understand and agree that Animaroo is offered as a venue only and Animaroo assumes no responsibility for the timeliness or deletion of any communications or personal settings. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are
effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
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| 3. Animaroo Breed Management System |
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When paying for the use of the Animaroo Breed Management System you agree to be bound by this User Agreement in its entirety as it applies to the Animaroo Breed Management System as well. All fees are subject to change and may be discounted for promotional purposes from time to time. All hosting fees will be paid on a recurring monthly basis and may be debited from your credit card, debit card or checking account. You agree when paying for the use of the Animaroo Breed Management System that you understand the possible price fluctuation of this service and realize the price may be more or less for others who purchase the same system based on promotions. Monthly price increases will not be implied upon established users unless new services are introduced and desired. You are responsible for all fees associated with your site including all additional services offered as well as the agreed upon recurrent fee for your continued use of the Animaroo Breed Management System. In the event monthly payments are not
made you understand that your site will be terminated and if no payment is made within 15 days, you will be subject to paying another set up fee to regain the use of the Animaroo Breed Management System. By agreeing to this User Agreement you understand that you are paying for the use of the Animaroo Breed Management System and is continually owned by Animaroo.
With respect to domain name registrations purchased for a specific full Animaroo Breed Management System; the domain name will be registered in the name of Animaroo.com for management purposes only, but will be from date of purchase on the property of the subscribing breeder. If at any time, cancellation is requested, the purchased domain name belonging to the breeder will be transferred out of Animaroo.com’s name to the specific breeder on file. All sub-domains associated with add-on Animaroo Breed Management Systems will be terminated upon cancellation.
Cross-posted ads from an Animaroo Breed Management system can be purchased in monthly increments and will expire upon the agreed upon date and increment length. All purchased ads are to be used by the purchasing breeder only in conjunction with the specific person’s Animaroo Breed Management System.
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| 4. Our Role |
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Animaroo is strictly a venue offered to the public to share
information, offer poducts services and animals. We are in no way involved
in any actual transactions between parties posting and parties interested
in the posting. We have no control over the quality, safety or legality of
anything advertised nor the truth or accuracy of the listings, the ability of
person offering the posting or the ability of the interested party to come
through with actions or monetary claims. We cannot ensure that an
interested party will actually come through with promised actions or
transactions. Consequently, we do not transfer legal ownership of
animals from one person to another.
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4.1 No Guarantee |
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Animaroo does not expressly or impliedly gaurantee the
sale, adoption, or success of any ad placed on Animaroo.
Additionally, Animaroo does not guarantee services,
representations, or any animals soundness, performance or
fitness for a particular purpose. Animaroo strongly recommends
a pre-purchase exam of any animal whether adopted or
purchased. All ads placed are subject to editorial changes
necessary to maintain the integrity and prestige of our service. If
your animal is adopted, sold, stud allotment filled, service no
longer offered, or product unavailable, previous to your ads
expiration, it is your responsibility to delete the ad from your
administration area. All errors that may occur in your ad (not
caused by Animaroo) are your responsibility and may not be able
to be corrected. Animaroo is not responsible for violations of our
users such as but not limited to; copyright, trademark, trade
names, patents, or other violations of any local, state, federal or
international laws. Your ad may be displayed on our affiliate
sites as well as promotional materials. Animaroo holds no
liabiltiy for lost data or ads on Animaroo and is not responsible
for saving personal advertisements of any kind. Animaroo
reserves the right to remove any user including any and all
advertisements associated with Animaroo based on the
accusation of fraud.
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4.2 Your Identity |
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We use many techniques to verify the accuracy of the
information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Animaroo can not and does not confirm each user's purported identity. Thus, we are working on establishing a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party animal escrow or common escrow service or services that provide additional user verification.
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4.3 Release |
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Because we are a venue, in the event that you have a dispute with one or more users, you release Animaroo (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. |
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4.4 User Information |
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We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and Animaroo is not responsible for the acts or omissions of users on the Site. |
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| 5. Posting |
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You must be legally able to post the animal(s), product(s)
or service(s) you post on the Site. You must describe your animal(s), product(s) and service(s) and all terms associated on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the advertisment. All posted ads must be listed in an appropriate category. All animals in the adoption listing category, must not be for sale.
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5.1 Fraud |
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Without limiting any other remedies, Animaroo may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
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5.2 Interference |
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Neither you, nor any other visitor may manipulate
the price of any animal advertisement nor may you interfere with other user's listings or transactions.
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| 6. Your Provided Information |
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Your provided information, which includes any information you
provide to us or other users in the registration process, in any public message area, or through any e-mail feature, shall not be misleading, fraudulent, involve anything counterfeit or stolen, infringe on anothers proprietary rights or rights of publicity or privacy, violate any law, statute, ordinance or regulation (including but not limited to false advertising). You will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, be obscene or contain animal abuse or, any inhumane treatment in any way, contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and, link directly or indirectly to or include descriptions of animals, goods or services that are
prohibited under this Agreement
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6.1 License |
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Solely to enable Animaroo to use the information you
supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Animaroo will only use Your Information in accordance with our Privacy Policy.
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| 7. Access to Site |
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| You agree that you will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Animaroo and the appropriate third party, as applicable, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. |
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7.1 Termination |
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Animaroo reserves the right to terminate any user without notice. Reasons for termination include but are not limited to; any violation concerning this agreement or any agreement incorporated herein, legal violations of any kind, your personal request, technical or security problems, chronic inactivity or failure to pay. Depending on the circumstances surrounding the termination, you may be ineligible to re-register. Termination shall be at the sole discretion of Animaroo and shall not be liable to you or any third-party for the termination of your account, any associated e-mail addresses, or access to the Site or services provided. |
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| 8. User Conduct |
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| You agree to never use Animaroo whether in individual advertisments, submissions or community settings for the following purposes: (a) harrassment of other users. (b) data collection for storage or personal purposes. (c) post personal or commercially promotional postings within the Animaroo community. (d) make any content or photos available that you do not have or own the rights to. (e) ipersonate any person or entity, including but not limited to an Animaroo employee or partner. (f) post inappropriate language whether on individual advertisements or within the community. Such language includes but is not limited to; any harmful, threatening, vulgar, abusive, harassing, torturous, defamatory, obscene, libelous, or invasive of another’s privacy, hateful or racial. |
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| 9. Information Center |
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| You acknowledge your awareness of all information provided within the Information Center “Info. Center” is not guaranteed to be accurate. All information obtained for breed specific information is supported by sources which can be viewed by going HERE . |
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9.1 Articles |
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All articles within the Information Center have been obtained by Animaroo through legal submission methods. Those submitting articles must agree to the Photo & Article submission policy upon submission. Animaroo does not guarantee the validity of the information provided within the articles provided. However, upon submission of articles the originator must agree to the content validity. All materials submitted to Animaroo are gauranteed by the originator to be either free of a copyright or have given Animaroo their permission to publish their works for informational purposes. |
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9.2 Photos |
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All photos within the Information Center have been obtained by Animaroo through legal methods either by purchasing, originator authorization or submission by originator. Those submitting photos must agree to the Photo & Article submission policy upon submission. Animaroo does not guarantee the validity nor authenticity of the photos submitted. However, upon submission of photos the originator must agree to the origin of the photo and gaurantee the validity of their information as well as their rights to submit the photo. All materials submitted to Animaroo are guaranteed by the originator to be either free of a copyright or have given Animaroo their permission to publish their works for informational purposes. |
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| 10. External Links |
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Animaroo provides multiple types of information for its users.
Some information providers may include a link to a site related to that animal, product or service. You acknowledge that Animaroo is not liable for the validity nor availability of such sites. Additionally, Animaroo does not endorse these sites, their content, claims, products or materials made available through such sites.
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| 11. Breach |
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Without limiting other remedies, we may limit your activity,
immediately remove your listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if you breach this Agreement or the documents it incorporates by reference, we are unable to verify or authenticate any information you provide to us or we believe that your actions may cause financial loss or legal liability for you, our users or us.
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| 12. Privacy Policy |
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| We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. Please review our privacy policy located at http://www.animaroo.com/membership/privacy.php |
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| 13. Disclaimer of Warranties |
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| WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF OUR SERVICES IS CONDUCTED AT YOUR OWN RISK AND WILL BE SOLELY RESPONSIBLE FOR THE RESULT OF SUCH ACTIONS. NO ADVISE OR INFORMATION OBTAINED THROUGH ANIMAROO WHETHER ORAL OR WRITTEN, OBTAINED BY YOU SHALL HOLD A WARRANTY. |
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| 14. Limited Liability |
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| IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). |
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| OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. |
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| 15. Limitation Exclusions |
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SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOUR RIGHTS MAY VARY DUE TO YOUR STATE.
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| 16. Indemnity |
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You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
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| 17. International Use & Compliance |
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Due to the global nature of the internet, you regardless of
geographic location agree to abide by this User Agreement and all rules and regulations set forth by Animaroo. Specifically, you agree to comply with all applicable laws regarding the transmissin of technical data exported from the United States or the country in which you reside.You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listings, solicitations, and offers of all animals, items and services offered.
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| 18. No Agency |
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You acknowledge that Animaroo is an independent contractor, and
no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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| 19. Notices |
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In the event changes are necessary. Animaroo will notify you by
postal mail or e-mail (at the addresses you have provided upon registration).
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| 20. Modifications |
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| Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. We reserve the right to modify or discontinue such services at any time whether on a temporary or permanent basis. |
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| 21. General |
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| This entire Agreement shall constitute the agreement between Animaroo and yourself and is governed by the laws of the state of Missouri. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter. You agree that your Animaroo account is non-transferable and any rights to your Animaroo member account will be terminated upon your request. |
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| 22. Disclosures and Contact |
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The services hereunder are offered by Inventory Systems L.L.C.,
located at 333 Park Central East, Ste 317, Springfield, MO 65806.
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Disputes between you and Animaroo regarding our services may be reported to Customer Support by sending an e-mail to: support@animaroo.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Additionally, you may report complaints to Inventory Systems L.L.C. in writing at 3042 E. Elm St., Springfield, MO 65802.
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