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In fact, here are your OWN TOS Pikapet and we have provided the PROOF that this dog's pictures were stolen and any comments that I make about the TOS will be in italics and red. For example, you really need to do your job. Here are the TOS: Thank you for your interest in Pikapet.com ("PIKAPET"), a website by Funky Frank, Inc. The following terms and conditions govern your registration and use of the website PIKAPET.com
You Must Agree to these Terms of Service to Use PIKAPET
By using the Pikapet.com web site, a service of Funky Frank, Inc. ("PIKAPET"), you are agreeing to be bound by the following terms and conditions (“Terms of Use”). Any violation of any of the following terms will result in the termination of your Pikapet.com account. While Pikapet.com prohibits such conduct and content on its site, you understand and agree that Pikapet cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Pikapet.com service at your own risk. GENERAL TERMS - You must be 13 years and older to use this site.
- You are responsible for any activity that occurs under your username.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other Pikapet users.
- You may not use the Pikapet.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Pikapet.com service.
- You must not modify, adapt or hack Pikapet.com or modify another website so as to falsely imply that it is associated with Pikapet.com.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of Pikapet, violate any laws in your jurisdiction (including but not limited to copyright laws).
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Pikapet.com to terminate Usership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Pikapet.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Website;
(iv) your address, telephone number, and email address;
(v) a written 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;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Pikapet.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Funky Frank, Inc. 375 5th St. #1, Jersey City, NJ 07302; Attn: Copyright Agent; and email: contact@pikapet.com.
Proprietary Rights By submitting, posting or displaying any content on or through Pikapet’s website, you automatically grant to us a worldwide, non-exclusive, royalty-free, right to publicly display or re-display such content in other formats not simply limited to websites. Except as expressly authorized by Pikapet, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Pikapet.com's proprietary information which includes the sum of all postings and photos to the site.
For Pikapet to search your photographs for you and those you approve, Pikapet must use, reproduce (in electronic format), create derivative works of (thumbnails, etc.), distribute, publicly perform/display, transfer, transmit, distribute and publish your public photographs. By using Pikapet.com, its affiliates and partners worldwide an irrevocable, royalty-free, non-exclusive, sub licensable license to do exactly that.
All comments (collectively “data”) placed with or upon your photographs by our automated system, by you and/or by other users becomes the property of the Pikapet. Disclaimer of Warranty and Limitation of Liability
Pikapet expressly disclaims any and all warranties with respect to any Content accessible within or through the Web Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. You are solely responsible for creating and maintaining your own personal backup of any of your digital content hosted at the Web Site.
Users will have access to a variety of sources of content through Pikapet’s service. Pikapet has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, Pikapet will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. Pikapet has no control over and accepts no responsibility whatsoever for such materials.
Pikapet, its Licensors, service providers, content providers, sponsors, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if Pikapet has been advised of the possibility of such damages. In no event will the collective liability of Pikapet and its Licensors, service providers, content providers, sponsors, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to Pikapet for the applicable Content or service out of which liability arose.
Modification of these Terms of Use
We reserve the right to alter these Terms of Use at any time. Although we may attempt to notify you via your e-mail address when major changes are made, you should visit this page periodically to review the terms. Pikapet may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Pikapet service.
Termination
We reserve the right to modify or terminate the Pikapet.com service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use. <---Now this bothers me
Your account will also be terminated if it is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites. Indemnity
User will indemnify and hold Pikapet, its Licensors, content providers, sponsors, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site. Non-Commercial Use by Users The Site is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Users and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Privacy Policy You should review the other Pikapet policies to better comprehend our practices and how we govern your visit to our website. Registration data and certain other information about you are subject to our privacy policy. For more information, see our entire privacy policy. Advertiser Links This website may contain links to Internet websites maintained by third parties. Pikapet does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by Pikapet and/or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites.
Trademarks
All trademarks appearing on Pikapet.com are the property of their respective owners, including, without limitation, FUNKY FRANK, INC. Miscellaneous Terms Pikapet may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. For Rewards Sponsors Only - Pikapet will display for FREE your sponsored reward (product/service) on our Pikapet Rewards page for at least 1 calendar month. This will include your product/service picture, name, description, as well as your company logo and website. Please note that Pikapet will approve the contents of your submission before it's posted live.
- Your reward's picture and details will also be rotated on our different pages for the same period of time (30 calendar days).
- After 1 calendar month, your reward must be delivered by your company to a user specified by Pikapet. Consequently your reward's page, picture, and details will be removed from the Rewards page, and it will stop rotation throughout the other pages on Pikapet.
- Pikapet is not liable for the proper delivery of the rewards, but we encourage our sponsors to try their best as their reputations are very important! Pikapet cannot be responsible for rewards lost in shipping but we advise our Reward Sponsors to insure and ship their products through a carrier that provides proof of delivery.
- When a user wins a Reward, the sponsor cannot impose additional conditions in order to deliver it. For example, cannot force the user to subscribe to a certain service as a requirement to ship the Reward.
- The sponsor is responsible for shipping costs.
- By submitting a Reward, a sponsor accepts the Terms and Conditions. No changes can be introduced or assumed by the sponsor unless written authorization is received from Funky Frank, Inc. - Pikapet. Therefore, no communications from any sponsor will be accepted as an excuse for not binding to the Terms and Conditions.
- Any sponsor who does not honor the Terms and Conditions for the rewards program may be banned from participating in this program, hence losing the opportunity to advertise at Pikapet.com.
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