TERMS & CONDITIONS

The following terms and conditions (the “Terms”) govern your use of the Ipet Guides website, including all content, services, and products available on or through the website (collectively, the “Website”). The Website is owned and operated by Ipet Guides (“we,” “us,” or “our”). Your access to and use of the Website is conditioned upon your acceptance of these Terms and all other operating rules, policies, including our Privacy Policy, and procedures that may be published from time to time on the Website by us (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. This Agreement is considered an offer by us, and acceptance is expressly limited to these Terms. The Website is available only to individuals who are at least 13 years old.

Your Ipet Guides Account and Website. If you create a blog or site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, and we may change or remove any description or keyword that we consider inappropriate or unlawful. You must immediately notify us of any unauthorized uses of your blog, your account, or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages incurred as a result of such acts or omissions.

Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:

  1. The Content does not infringe the proprietary rights of any third party;
  2. You have fully complied with any third-party licenses relating to the Content;
  3. The Content does not contain harmful content such as malware;
  4. The Content is not spam, and does not contain unethical or unwanted commercial content;
  5. The Content is not pornographic, does not incite violence, and does not violate any third party’s privacy or publicity rights;
  6. Your blog is not advertised via unsolicited electronic messages;
  7. Your blog’s name does not mislead readers into thinking that you are another person or company.

By submitting Content to us for inclusion on your Website, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content for the purpose of displaying, distributing, and promoting your blog. If you delete Content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be immediately unavailable.

We have the right to refuse or remove any content that, in our reasonable opinion, violates any of our policies or is harmful or objectionable, or to terminate or deny access to and use of the Website to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal. By selecting a product or service, you agree to pay us the fees indicated. Subscription payments will be charged on a pre-pay basis and are non-refundable. Unless you notify us before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew. You authorize us to collect the subscription fee using any payment method we have on record for you.

Services. By signing up for a Services account, you agree to pay us the applicable fees. Fees will be invoiced starting from the day your services are established. We reserve the right to change the payment terms and fees with thirty (30) days prior notice. Services can be canceled by you at any time with thirty (30) days written notice.

Support. If your service includes access to priority email support, it will be provided in accordance with our standard services practices, procedures, and policies.

Responsibility of Website Visitors. We have not reviewed, and cannot review, all material posted to the Website, and cannot be responsible for that material’s content, use, or effects. You are responsible for taking precautions to protect yourself and your computer systems from harmful content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. We disclaim any responsibility for any harm resulting from the use of the Website or from any downloading of content posted.

Content Posted on Other Websites. We have not reviewed all material made available through websites and webpages linked to or from Ipet Guides. We do not control those non-Ipet Guides websites and webpages and are not responsible for their contents or their use. By linking to a non-Ipet Guides website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions to protect yourself and your computer systems from harmful content. We disclaim any responsibility for any harm resulting from your use of non-Ipet Guides websites and webpages.

Copyright Infringement and DMCA Policy. As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by Ipet Guides violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Ipet Guides or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

Intellectual Property. This Agreement does not transfer from us to you any Ipet Guides or third-party intellectual property, and all right, title, and interest in and to such property will remain solely with us. Ipet Guides, the Ipet Guides logo, and all other trademarks, service marks, graphics, and logos used in connection with Ipet Guides, or the Website are trademarks or registered trademarks of Ipet Guides or Ipet Guides’ licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Ipet Guides or third-party trademarks.

Advertisements. We reserve the right to display advertisements on your blog unless you have purchased an ad-free account.

Attribution. We reserve the right to display attribution links such as ‘Blog at Ipet Guides,’ theme author, and font attribution in your blog footer or toolbar.

Partner Products. By activating a partner product (e.g., theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by deactivating the partner product.

Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Changes. We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Ipet Guides account, you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such an account can only be terminated by us if you materially breach this Agreement and fail to cure such breach within thirty (30) days from our notice to you; provided that, we can terminate the Website immediately as part of a general shutdown of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is”. We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, training for a particular purpose, and non-infringement. Neither we nor our suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. In no event will we, or our suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with our Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless Ipet Guides, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between Ipet Guides and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Ipet Guides, or by the posting by Ipet Guides of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of [Your State], U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in [Your County], [Your State]. Any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in [Your City], [Your State], in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Ipet Guides may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

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