Legal Notices

LEGAL NOTICES

This document provides notice of specific legal obligations (“Legal Notices”) in connection with your use of our website, www.petsmartcharities.ca or any sub domain thereof or other websites operated by or for PetSmart CharitiesTM of Canada (collectively, “Site” or “Sites”). By using this Site, you agree to be bound by our Legal Notices, Terms of Use, and Privacy Policy (collectively, “Notices and Policies”), in addition to other terms and conditions that may appear throughout our Sites.

References to “PetSmart Charities” in this document mean PetSmart Charities of Canada, its affiliates, subsidiaries, divisions and designees.

PetSmart Charities reserves the right to make changes to this Site and the Notices and Policies at any time. Each time you use this Site, you should visit and review the then current Notices and Policies that apply to your transactions and use of this Site. If you do not agree to be bound by the then current Notices and Policies, your sole remedy is not to use this Site. PetSmart Charities is not responsible for typographical or photographic errors on this Site.

PROPRIETARY RIGHTS AND TRADEMARKS

All Site content and collective work comprising the Site, including information, articles, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, the “look and feel” and other artwork and material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights under Canadian, United States and/or international laws and held by PetSmart Charities and/or the original creator of the Content, including PetSmart Charities’ suppliers and/or affiliates and Site visitors contributing material in connection with our pet community, Blog, Ask an Expert, and similar services (for more information, see Contributions to this Site; Content and Submissions below). These rights are valid and protected in all forms, media, and technologies existing now or developed in the future.

The PetSmart Charities ™ of Canada and related designs and trademarks used on this Site are registered to and/or otherwise protected by PetSmart, Inc. and PetSmart Charities under United States, Canadian, and/or international intellectual property laws. All other trademarks, service marks, logos, slogans, domain names, and trade names are the property of their respective owners and are licensed to, or otherwise used with permission by, PetSmart Charities. As described more fully below, all Content and associated intellectual property used on the Site may not be reproduced, copied, retransmitted or otherwise manipulated in any manner without express written permission of the owner. PetSmart Charities disclaims any proprietary interest in intellectual property other than its own.

SITE DOWNLOADS RESTRICTED

You may only download Content displayed on this Site for non-commercial, personal use, provided you also retain all copyright, trademark and other proprietary notices contained in our Content. Except as expressly authorized herein, do not alter the Content, and do not copy or post the Content on any network computer or broadcast the Content in any media.

Except as expressly authorized herein, or by an authorized representative of PetSmart Charities, or by license, PetSmart Charities strictly prohibits modifying, transmitting, distributing, reusing, reposting, “framing” or using the Content of this Site and the Site servers, including the text, images, audio and/or video for public or commercial purposes. Downloading images of products for sale within this Site is strictly prohibited. You may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit the Content of this Site, in whole or in part.

CONTRIBUTIONS TO THIS SITE; CONTENT AND SUBMISSIONS

There are many opportunities to contribute to this Site. By using this Site, you agree that any information (except for purchase information) that you send to PetSmart Charities to contribute to this Site, or that you submit, post or display on our Site, is not confidential, including data, text, photos, videos, stories, testimonials, articles, names (first and/or last, fiction or non-fiction) and likeness, and other information, suggestions, ideas, comments or links you send to PetSmart Charities or any third party using this Site (“Contributed Material(s)”). By submitting any solicited or unsolicited Contributed Material using this Site, you grant PetSmart Charities and its employees, agents, personnel, assigns, licensees, successors in interest, and legal representatives,  an irrevocable and perpetual, royalty-free, unrestricted worldwide license to copy, modify, translate reproduce, republish, transmit, display, distribute,  commercially exploit or otherwise use for any purpose whatsoever the Contributed Material, in all forms and in all media and in all manners, for any advertising, promotion, publicity, or any other lawful purposes.

By submitting Contributed Material to the PetSmart Charities pet community and similar service Sites, you represent that you are the sole owner and copyright and/or other intellectual property holder of photos, videos, stories, and other content or information you submit (or otherwise have all necessary rights to contribute, submit and permit the unrestricted use thereof by PetSmart Charities); that these Contributed Materials do not infringe any intellectual property or privacy rights of any individual or entity, including for example the photographer who took the photos and/or videos you have submitted, or the person(s) described in any testimonial or story; and that these Contributed Materials do not contain any material or information that otherwise violates any criminal or other legal prohibition.

As set forth above, the Contributed Material you submit may be altered for the purposes of publication by PetSmart Charities. You waive any claims, including claims for remuneration and other compensation, that you may have based on any usage of your photos, videos, stories, information and other Contributed Material and release PetSmart Charities from any and all liability related to use, reproduction, communication, performance, distribution, display, transmission, publication, and dissemination of the Contributed Material, including publication on the Internet or Sites.

You expressly waive all moral, publicity, privacy and integrity rights with respect to any photos, videos and other copyrightable works that you have submitted to PetSmart Charities.

You acknowledge that PetSmart Charities is relying upon, and would not permit the submission or use of the Contributed Material you submit in the absence of these terms.

We may, at our sole discretion remove Contributed Materials that we determine are unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or which we believe infringes or violates any party’s intellectual property or other proprietary rights, privacy and other rights, or our Notices and Policies. This includes comments concerning our competitors, vendors, business partners, service providers, associates, and affiliates, among other parties.

PetSmart Charities is not liable or responsible for any Contributed Materials provided by its users or other third parties for use on this Site. Contributions to this Site by third parties do not necessarily represent the views or opinions of PetSmart Charities. PetSmart Charities may, but shall not be obliged to preview user content or other Contributed Material before it appears on this Site. Users can be held liable for any illegal or prohibited user content or other Contributed Material they provide to this Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on this Site, please promptly notify us at info[at]petsmartcharities[dot]org so that we may investigate and take appropriate action. If you believe that any of the Contributed Material on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide PetSmart Charities’ agent, namely its General Counsel, the requested information as set forth in the Section entitled “Notice of Claims of Intellectual Property Violations” in the Terms of Use.

APPLICABLE LAW

The petsmartcharities.ca site is created and controlled by PetSmart Charities of Canada having its primary place of business in Burlington, Ontario, Canada and is operated by its service provider, which is located in the United States of America. The laws of the Province of Ontario and the federal laws of Canada applicable therein will govern the Site, without giving effect to any principles regarding conflicts of laws.

LINKS TO THIRD-PARTY WEB SITES

This Site contains links to other sites operated by third parties, including third-party sites that display PetSmart Charities trademarks (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

PetSmart Charities does not warrant or make any representation about the substance, quality, functionality, accuracy, merchantability, or fitness for a particular purpose or any other representation about any Third-Party Site or its content. A link to a Third-Party Site from this Site does not constitute sponsorship, endorsement or approval of, or responsibility for any such Third-Party Site, and is only provided as a convenience or for information purposes. Any communications, transactions and other dealings between you and the provider of any Third-Party Site, are strictly between you and the provider.  PetSmart Charities makes no representation or warranty as to any products or services offered on any Third-Party Site, and expressly disclaims all responsibility in respect thereof.

The conditions of use, legal notices and privacy policy of any Third-Party Site may differ substantially from the Notices and Policies that apply to your use of this Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

By using this Site to search for or link to a Third-Party Site, you agree and understand that you may not make any claim against PetSmart Charities for any damages or losses whatsoever resulting from your use of this Site to obtain search results and/or to link to a Third-Party Site. However, if you have a problem with a link from this Site, please let us know at info[at]petsmartcharities[dot]org and we will investigate and take appropriate action.

PRIVACY, SECURITY AND PROHIBITED CONTENT

See PetSmart Charities’ Privacy Policy for information on the privacy and security practices of PetSmart Charities and this Site.

By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and account, and you accept responsibility for all activities that occur under your account and password. If you access this Site on a public computer or use a computer to which multiple people may have access, follow all relevant instructions to sufficiently disconnect and log off of this Site and the computer system you are using to prevent unauthorized access to your PetSmart Charities account.

Unlawful activities on this Site are strictly prohibited. This includes, among other unlawful actions, tampering with this Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities.

Site users are prohibited from violating or attempting to violate the security of this Site, including without limitation: (1) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (2) using this Site for unintended purposes or trying to change the behavior of this Site; (3) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (4) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and (6) forging communications on behalf of this Site (impersonating this site) or to this Site (impersonating a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of PetSmart Charities, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routing data to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents provided by PetSmart Charities or publicly available browsers.

Content or other Contributed Material that does the following types of things, among other unlawful action, is illegal and/or prohibited on this Site:

·  Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

·  Is or could be harmful to minors, including material that exploits minors in a sexual or violent manner, or solicits personal information from anyone under the age of majority;

·  Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone’s privacy; providing or creating computer viruses;

·  Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;

·  Harasses or advocates harassment of another person;

·  Displays pornographic material of any kind;

·  Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

·  Promotes information that you know is false, misleading, or promotes illegal activities or conduct, or is abusive, threatening, obscene, defamatory or libelous;

·  Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, provides information to circumvent manufacturer-installed copy-protect devices, or provides pirated content or links to pirated content files;

·  Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); and

·  Engages in commercial activities and/or sales relating to PetSmart Charities without PetSmart Charities’ prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes.

EXPORT CONTROLS

Certain software and similar content and materials (“Software”) that you may download from this Site may be further subject to Canadian and United States Export Controls. No Software from this Site may be downloaded or exported contrary to any applicable export law, including any applicable prohibitions against download or export as follows: (1) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Syria or any other country to which Canada or the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (3) any person or country against which relevant trade sanctions have been imposed by the Government of Canada. By downloading or using Software downloaded from this site, you agree to abide by the applicable laws, rules and regulations - including the US Export Administration Act and Arms Export Control Act, and the Canadian United Nations Act, Special Economic Measures Act, and Export and Import Permits Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of law.

INDEMNITY

You agree to indemnify and hold PetSmart Charities and its officers, agents, employees, and other partners, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your submission of Contributed Materials or other use of this Site, including your use of this Site to provide a link to another site or to upload content or other information to this Site.

CONTACT US

If you have questions about our Terms of Use, Legal Notices or Privacy Policy, you may contact us by:

1. Sending an e-mail request to: info[at]petsmartcharities[dot]org

2. Calling toll-free: 1-800-423-PETS 24 hours a day/7 days a week

3. Mailing your request to:

PetSmart Charities of Canada

500-4475 North Service Road

Burlington, Ontario L7L 4X7

CHANGES/UPDATES TO NOTICES AND POLICIES

Because our Site will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Notices and Policies in order to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and PetSmart Charities as you use our Site, and supersede all prior understandings or agreements, written or oral, in this regard.

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