Petco Love Lost Terms & Conditions

These Terms & Conditions (“Terms”), sets forth the terms and conditions for your use of the website petcolove.org and its related services (the “Website”). The Terms constitute a legally binding agreement between you and Petco Love.

Please read these Terms carefully. By using the Website, you agree to be bound by and comply with the Terms, which may be updated from time to time. If you do not consent to these Terms, please do not use the Website.

Privacy
Website Content
Services; Registered Users
User Content
User Conduct
Trademarks
Notice and Procedure for Making Claims of Copyright Infringement
Links to Third-Party Websites
Frames; Metatags
Disclaimers
Limitations of Liability
Indemnification
Changes to the Terms
Termination
General
Additional Terms for Animal Welfare and Shelter Partners
Contact

1. Privacy

These Terms incorporate by reference Petco Love’s

Please read the Privacy Policy carefully as you agree to its terms when you use the Website.

2. Website Content

You may access and view the Content on your computer or other device. Any and all text, audio/visual content, photographs, images, graphics, user interfaces, materials and all other copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the design, look and feel, and selection and arrangement of the Website (together, “Content”) is protected by copyright law and owned by Petco Love or its licensors.

Unless otherwise specified with respect to certain Content, you may only reproduce Content for personal, non-commercial purposes, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Otherwise, you may not use any of the Content without prior written authorization from Petco Love. To request such permission, please contact support

3. Services; Registered Users

The Website may make certain services available related to finding a lost pet, posting information about a found pet, or adopting a pet (“Services”) and allow you to set up an account or become a registered user to access the Services. In such cases, if you 18 years old or older, you may register to become a registered user through the Website (“Registered User”). You are responsible for all activity under your Registered User account. You agree to provide accurate, current and complete information at all times, and to update it in a timely manner. You must keep the Registered User username and password confidential, and you may not transfer or otherwise do anything to give another person access to your Registered User account. You must notify us immediately at support if you become aware that anyone has gained unauthorized access to your Registered User account. You represent and warrant that all information you provide as a Registered User is accurate and complete.

We reserve the right, in our sole discretion, to suspend or terminate any Registered User at any time if we suspect that you have not complied with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including, but not limited to, if we suspect you are using or attempting to use the Website in any way that violates these Terms or any applicable laws or regulations.

4. User Content

The Website may offer features that allow you to upload photographs of your pet, a pet you have found, share information about you and such pet, and share comments, questions, answers, information, works of authorship, and other materials (collectively, “User Content”).

If you submit User Content to the Website, you grant Petco Love an irrevocable, non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sublicense the rights) to reproduce, distribute, create derivative works of, and publicly display and perform User Content in whole or in part in any media now known or later developed.

When you submit any User Content, you represent and warrant that (A) you have the right and authority to submit it (for instance, you took the picture of your pet) and you have obtained all rights and consents necessary to grant this license; (B) all User Content is accurate; (C) User Content does not and will not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other right of any kind; (D) you are under no obligation that would in any way interfere with the disclosure or use of User Content; and (E) no User Content contains any material or information considered confidential or provided with the understanding that it would not be disclosed or published.

You irrevocably release (on behalf of yourself and your successors, assigns, heirs, family members, and executors with respect to User Content) Petco Love and its subsidiaries (and their respective directors, members, managers, officers, employees, representatives, agents, affiliates and partners) (collectively, the “Petco Love Parties”) from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, “moral rights,” false light, libel, defamation, false advertising, or intentional or negligent infliction of emotional distress) arising out of your use of the Website or our use of any User Content or your name, likeness, or other identifiable traits in connection with User Content. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you reside in any other jurisdiction that places similar restrictions on a general release, you waive such restrictions to the maximum extent permissible under the applicable law.

You are solely responsible for any User Content you submit to the Website. We do not endorse or adopt any User Content. We have no obligation to pre-screen, monitor, edit, supplement, or delete User Content, but we reserve the right to do so at any time without notice to anyone. We have no obligation to display or otherwise use any User Content in any way. We may restrict you from submitting new User Content or from otherwise participating in Website’s interactive features for any reason at any time. We are not responsible for any failure or delay in removing User Content that does not comply with these Terms

5. User Conduct

Some User Content on the Website may be in the form of messages, comments, questions or answers related to Content in direct messages with us, our animal welfare and shelter partners, or other Registered Users. We expect Registered Users of the Website to exhibit the respect and civility for others and to practice discretion on the Website.

Accordingly, you may not submit User Content to the Website (or use the Services in a manner) (A) that is unlawful, tortious, defamatory, vulgar, explicitly sexual, obscene or libelous, or that is threatening, intimidating, hostile, harassing, abusive, or otherwise objectionable or inappropriate; (B) that you do not have the right to submit or that violates another party’s right or any law or regulation; (C) send any unauthorized, unsolicited, junk, spam, or bulk email, or any advertising or other form of communication that violates these Terms or any law or regulation; or (D) submit or otherwise make available on the Website any User Content or other material that contains any computer code, file, or program designed to interrupt, corrupt, destroy, or otherwise interfere with or limit the functionality of any software, hardware, or equipment, make any unauthorized transmission, or cause any other effect that might reasonably be considered undesirable.

6. Trademarks

PETCO LOVE, PETCO LOVE LOST, PETCO, our logo, and other trademarks used on the Website are trademarks owned by us or our licensors (“Our Trademarks”). You may not use Our Trademarks without prior written authorization from us or our licensors, as applicable. Additionally, you may not use Our Trademarks (A) in connection with any product or service that does not belong to us; (B) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity; or (C) in any manner that may damage our reputation.

7. Notice and Procedure for Making Claims of Copyright Infringement

We respect the copyright and other proprietary rights of third parties. However, in cases where the Website accepts User Content, we cannot monitor all User Content submitted to the Website. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material posted on the Website infringes your copyright, then you may request the removal of those materials from the Website in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below

A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) (“Notice”) must be sent to the agent we have designated with the Copyright Office:

Dana Puglisi

Director of Development and Marketing

dana.puglisi@petcolove.org

Petco Love

654 Richland Hills Dr.

Sant Antonia, TX 78245

Your Notice must be in writing and include the following:

(1) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(5) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Petco Love a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details

8. Links to Third-Party Websites

The Website may contain links to web sites controlled by third parties, including, but not limited to, our animal welfare and shelter partners (“Third-Party Websites”). We are not responsible for Third-Party Websites or their content, activities or privacy practices. Any information you share or actions you take on Third-Party Websites are governed by those sites’ terms of use and privacy statements, which you should review carefully to learn about their practices. The inclusion of links on our Website does not imply our endorsement of Third-Party Websites, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of Third-Party Websites and if you decide to access any other websites linked to or from the Website, you do so entirely at your own risk.

9. Frames; Metatags

Unless you obtain our prior written consent, you may not: (A) frame the any Content on any other website; or (B) use metatags or any other “hidden text” that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name.

10. Disclaimers

THE WEBSITE AND ALL SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT, INCLUDING, BUT NOT LIMITED TO, ANY PET IMAGES AND ASSOCIATED PET INFORMATION, ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF THE SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITE. ALL PET IMAGES AND ASSOCIATED INFORMATION IS PROVIDED BY THIRD PARTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITE OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES, INCLUDING, BUT NOT LIMITED TO, ANY PET IMAGES OR ASSOCIATED PET INFORMATION OF ANY KIND. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE WEBSITE, ITS CONTENT AND OUR SERVICES. IF YOU RELY ON THE WEBSITE AND ANY CONTENT OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED)

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE, OR SERVICES OR CONTENT THAT MAY BE AVAILABLE THROUGH THE WEBSITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

11. Limitations of Liability

THE PETCO LOVE PARTIES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE WEBSITE OR ANY SERVICES OR CONTENT AVAILABLE THROUGH IT INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL THE PETCO LOVE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES AVAILABLE THROUGH THE WEBSITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICES, OR CONTENT IS LIMITED TO $25. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, hold harmless, and defend (only if requested) the Petco Love Parties against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that the indemnified parties may incur based on claims arising out of your use of the Website or violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.

13. Changes to the Terms

We may change these Terms from time to time by posting an updated version on this web page, or, if we determine that it is appropriate, we may provide other notice to you. We recommend checking back on this web page regularly if you use the Website.

14. Termination

We reserve the right to terminate the Website, these Terms, and any services offered through the Website at any time without notice, for any reason. The “User Content” “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.

15. General

These Terms (which includes the Privacy Policy) are the complete agreement between you and Petco Love regarding your use of the Website and is governed by applicable federal laws and the laws of the State of California applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of the Website and these Terms exclusively in the state and federal courts located in California, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. Section titles and headings are for convenience only and have no legal or contractual effect. The failure of Petco Love to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.

16. Additional Terms for Animal Welfare and Shelter Partners

In addition to all of the foregoing terms, all animal welfare and shelter partners (and their respective directors, employees, and representatives using the Website) (collectively, "Shelter Partners") agree to the following:

All information uploaded or otherwise provided by the Shelter Partner is complete and accurate
The Shelter Partner's listing of adoptable pets will be actively maintained, and pets no longer available for adoption will be removed promptly
Only information regarding lost, found and/or adoptable pets will be provided by the Shelter Partner and all descriptions of pets will be accurate and truthful
he Shelter Partner will respond to inquiries from and communicate with Registered Users and Petco Love in a prompt manner
The Shelter Partner represents and warrants that it is in good legal standing, without any animal welfare or care-related citations, violations, or claims
The Shelter Partner will provide its services in accordance with the highest professional standards in the animal welfare industry
Not to post disparaging information about other organizations, individuals, breeds/pets, or Petco Love. Because this is a family web site, content must be suitable to be viewed by visitors of all ages. Profane, discriminatory, or slanderous language are prohibited.

Provided that the Shelter Partner has complied with the foregoing, Petco Love grants the Shelter Partner a limited license to use the Petco Love and Petco Love Lost trademarks ('Petco Love Marks') solely for the purposes of promoting the Services. The Shelter Partner will promptly comply with any requests by Petco Love with respect to changes or modifications to the Shelter Partner's use of the Petco Love Marks. Petco Love reserves the rights to terminate any and all licenses to the Petco Love Marks at any time, in its sole discretion.

Petco Love may terminate any animal welfare and shelter partners’ access to the Website and any associated accounts in its sole discretion.

17. Contact

Please

with any questions or inquiries you may have about these Terms.

Last Updated: April 12, 2021