Terms & Conditions

 

 

myPetShare Mobile Device Application and myPetShare.com Terms of Use

Welcome to the myPetShare mobile device applications and the website myPetShare.com. Both website and the App MyPetshare are owned by Petshare AG, based in Zürich Switzerland. Please read these terms of use carefully before using the services offered by myPetshare ("myPetshare," "Us," or "We"). These terms of use set forth the terms and conditions of our relationship and for the user’s (“User,” “You” or “Your”) use of the myPetshare.com website (the "Site") and the services, features, content, applications, mobile device applications, apps, or widgets offered by myPetshare (collectively, the "Services").

 

The Agreement between myPetshare and You

By accessing myPetshare.com or any myPetshare mobile device application, You agree to be bound by the terms of this Agreement.

  1. You understand that by using the Site and Services, You are agreeing to comply with and be bound by the terms and conditions contained herein ("Terms of Use" or "Agreement"), which also incorporate myPetshare Privacy Policy ("Privacy Policy").
  2. This Agreement constitutes the entire and only agreement between myPetshare and You.
  3. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.

 

You are responsible for reviewing changes to this Agreement

  1. This Agreement applies to all users of the Site and the Services.
  2. myPetshare may make changes to this Agreement from time to time without specifically notifying You.
  3. myPetshare will post the latest Agreement on the Site and may post it on myPetShare’ mobile device applications, but it is up to You to review it before using the Site or Services.
  4. If You continue to use the Site or Services after any of these changes, Your continued use will mean that You have accepted any changes to the Agreement.
  5. In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by myPetshare from time to time, and Your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

 

Your Use of the Site and Services

Your registration and account security

When You use the Site or the Services You may provide myPetshare certain registration and account information, which myPetshare will rely on to provide You its products and services. The following are Your obligations when creating, registering, and maintaining the security and accuracy of Your account:

  1. You will not provide false or misleading information when You register an account.
  2. If myPetshare terminates or disables Your account, You may not create another account without first getting myPetshare’ written consent.
  3. You will keep Your contact and other information requested by myPetshare accurate and up-to-date.
  4. You will not share Your password, let anyone other than You access Your account, or do anything that might compromise the security of Your account.
  5. If You select a username for Your account, myPetshare reserves the right to remove or reclaim it if myPetshare, in its sole discretion, determines it is inappropriate or for any other reason.

 

Provisions applicable to myPetshare software

  1. If You download or use any myPetshare software, You agree that from time to time, the software may by updated and/or upgraded with additional features by myPetshare.
  2. You agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any myPetshare software.

 

Your use of Paid Services

If You use and/or subscribe to any of myPetshare’s services that require the payment of fees (these services are referred to as "Paid Services"), You agree to be bound by the following terms in addition to other terms in these terms of use:

  1. You understand that any and all fees are stated in United States Dollars.
  2. You agree to furnish payment for all applicable fees and any taxes or additional charges that may be imposed by third parties.
  3. You understand that Your purchases of any of the Paid Services are final and non-refundable and that a refund will only be granted if myPetshare, in its sole discretion, provides written consent for a refund.
  4. You understand that myPetshare may change pricing and fees for any of the Paid Services at any time.
  5. You understand that myPetshare may, in its sole discretion, modify the features and functions of or eliminate any of the Paid Services.
  6. You understand that Your use of any of the Paid Services are subject to limited licenses provided by myPetshare for You to use the Paid Services and that any terms such as "assign, transfer, sell, buy, purchase" or any similar terms do not create any actual transfers to You of any ownership, right, or title, in any fashion.
  7. You understand that You may not resell, transfer, exchange, or license the Paid Services to any third parties.
  8. You understand that if myPetshare terminates or disables Your account that may result in Your license to any Paid Services being terminated as well.

 

myPetshare may edit or modify anything on the Site or Services without notice.

myPetshare is committed to delivering a positive user experience, and You understand that myPetshare reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice.

 

You are responsible for accepting updated versions of the Site and Services

  1. If myPetshare provides updated versions of the Site and Services and You do not accept these updated versions, You may not enjoy the most recent content, feature sets, and materials.
  2. If You do not accept updated versions of the Site and Services, myPetshare shall not bear any responsibility or liability for Your decision.

 

You agree to let us collect information about Your activity on the Site and Services

  1. Because myPetshare wants to continue to improve the Site and the Services for the benefit of You, the user, We may collect information about Your activity on myPetshare mobile device applications, as well as on the Site and Services.
  2. By using any myPetshare mobile device application or the Site and Services You specifically agree to allow myPetshare to collect information in this manner.
  3. You understand, however, that myPetshare cannot and does not make any warranties or guarantees that: (i) any myPetshare mobile device applications or the Site and Services, or any component thereof or any component of the Services, will be made free from error or inaccuracy as a result of such monitoring or free from unauthorized and/or unacceptable use as a result of such monitoring; (ii) any statements or factual items presented by the Services will be free from error or authenticated; or (iii) myPetshare will take any action in the event of any non-compliance with these terms of use.

 

It is Your responsibility to make sure this Agreement and Your use of the Site and Services complies with all laws applicable to You

  1. You understand myPetshare may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time.
  2. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to You.
  3. You understand that Your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, You agree not to use or access the Site or the Services in any way.

 

Your use of the Site and/or Services can end without reason or notice to You

While myPetshare respects its users, You agree that myPetshare may terminate Your membership or use of the Site and/or the Services and prohibit You from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.

 

Who Owns What and How You Can Use It

The copyright to all content on the Site and Services is owned by Petshare AG in Switzerland.

  1. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of Petshare AG and are protected under applicable copyrights, trademarks and other proprietary rights.
  2. You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
  3. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.

 

You may not use trademarks appearing on the Site or Services in an infringing manner

  1. You agree that myPetshare, mypetshare.com and other myPetshare graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of myPetshare or its affiliates (“Trademark Content”).
  2. Trademark Content may not be used in connection with any product or service that is not myPetshare’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits myPetshare.
  3. All other trademarks not owned by myPetshare or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by myPetshare or its affiliates.

 

You may use the myPetshare Site and Services for limited, noncommercial purposes and grant myPetshare limited rights to your content

  1. myPetshare grants You a limited license to access and make personal use of the Site and the Services.
  2. myPetshare does not grant You the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
  3. You understand myPetshare does not grant You the right to resell or make commercial use (except as provided herein) of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
  4. You understand the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
  5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of myPetshare and our affiliates without express written consent.
  6. You may not use any meta tags or any other "hidden text" utilizing myPetshare’s name or trademarks without the express written consent of myPetshare. Any unauthorized use terminates the permission or license granted by myPetshare.
  7. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
  8. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of myPetshare so long as the link does not portray myPetshare, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
  9. You may not use any myPetshare logo or other proprietary graphic or trademark as part of the link without express written permission.
  10. myPetshare does not claim ownership of the content you upload or post on or through the Site and/or Services. You hereby grant to myPetshare a free of charge and royalty-free; non-exclusive; transferable; sub-licensable; perpetual; and worldwide license to use such content.

 

What Laws and Rules You Are Responsible For Following

You promise to comply with this Agreement and any laws or regulations applicable to You

  1. You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
  2. You are responsible for all of Your activity in connection with the Site and the Services.
  3. You shall abide by all applicable local, state, national and international laws and regulations and, if You represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to You.

 

You agree to comply with myPetshare’s conduct policies when using the Site or Services

We do our best to keep the Site and the Services safe and operational, but We cannot guarantee it. We need Your help to do that, which includes the following commitments:

  1. You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site except as expressly authorized by myPetshare;
  2. You will not take any action that imposes or may impose (as determined by myPetshare in its sole discretion) an unreasonable or disproportionately large load on myPetshare’s (or its third party providers') infrastructure;
  3. You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
  4. You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
  5. You will not bypass any measures myPetshare may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
  6. You will not run any form of auto-responder or "spam" on the Site and Services;
  7. You will not use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
  8. You will not harvest or scrape any content or materials from the Site and Services;
  9. You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder;
  10. You will not threaten, intimidate or harass another user;
  11. You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes;
  12. You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  13. You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of You or Your pets, (ii) are taken by You, or (iii) are original content created by You;
  14. You will not otherwise take any action in violation of myPetshare’s guidelines and policies.

 

Warnings

You use the myPetshare Site and Services at Your own risk

  1. myPetshare has no obligation to review any content or material, including computer software, posted to or through the Site and the Services, and can therefore not be responsible for such material or content.
  2. By operating the Site and the Services, myPetshare does not represent or imply that it endorses any content or material posted there, or that it believes such material to be accurate, useful or non-harmful.
  3. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  4. The Site or the Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
  5. The Site or the Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
  6. myPetshare disclaims any responsibility for any harm resulting from the use by visitors of the Site or the Services, or from viewing or downloading by those visitors of content posted on the Site or the Services.

 

You are responsible for Your own conduct

  1. You are solely responsible for Your interactions with other users.
  2. myPetshare shall not be liable for any damages whatsoever arising out of or relating to the conduct of You or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or members of the Site or Services, or persons You meet through the Site or Services.

 

myPetshare is not responsible for what happens outside of the Site and Services, including on websites the Site or Services link to or advertise

  1. myPetshare or its business partners may present advertisements or promotional materials via the Services.
  2. You agree that myPetshare is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
  3. You understand the Site and the Services may contain (or You may receive from myPetshare, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
  4. You understand and agree that myPetshare is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that myPetshare is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
  5. You acknowledge and agree that myPetshare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.

 

Information and press releases may not be updated

The Site and the Services contain information and press releases about Us. While this information was believed to be accurate as of the date prepared, We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Us.

 

Legal Conditions

myPetshare’ liability is limited

  1. myPetshare is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by users of the Site and the Services, myPetshare, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
  2. myPetshare is not responsible for the conduct, whether online or offline, of any user of the Site or the Services.
  3. myPetshare assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
  4. myPetshare is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person's computer, and/or mobile device.
  5. Neither myPetshare nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services, whether online or offline.

 

WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL myPetShare OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

myPetShare’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

 

You agree to indemnify myPetshare

You agree to indemnify, defend, and hold harmless myPetshare, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) Your use of the Site and Services, (2) any user Content, Third Party Content, Third Party Sites and any other content, (3) Your violation of this Agreement, or of any law or the rights of any third party, and (4) Your breach of this Agreement and/or any breach of Your representations and warranties set forth herein.

 

You agree that SWISS LAW applies to this Agreement

Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site, You expressly agree that any such dispute shall be governed by the laws of SWITZERLAND, without regard to its conflict of law provisions, and You expressly agree and consent to the exclusive jurisdiction and venue of the court in Zürich, Switzerland, for the resolution of any such dispute.

 

Your general representation and warranty

You represent and warrant that:

  1. You will use the Site and Services in accordance with the 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, Switzerland or the country in which You reside)
  2. You will use the Site and the Services so not to infringe or misappropriate the intellectual property rights of any third party.

 

No relationship with Apple Inc. or Google, Inc.

  1. You understand that myPetshare is not affiliated with Apple, Inc. or Google, Inc.
  2. You understand that by using or accessing the Services through devices made by Apple, Inc. ("Apple") or any devices using the Android operating system by Google (“Google”):
  • This Agreement is between myPetshare and You only and that neither Apple nor Google are parties to this Agreement.
  • Google and Apple and their subsidiaries are third party beneficiaries of this Agreement and may have the right to enforce this Agreement against You.
  • Nothing contained herein shall impose upon Google or Apple any obligation to furnish any maintenance services or support services in connection with the Services or in any other way whatsoever in connection with the functionality (or lack thereof) or content of the Services.
  • Apple nor Google shall assume any responsibility nor liability for addressing any claims by You or a third party relating to the Services or Your use of the Services.

 

myPetShare's handling of Intellectual Property

As myPetshare asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on the Site and/or Services violates your copyright, you are encouraged to notify myPetshare as described below.  When myPetshare receives proper Notification of Alleged Copyright Infringement as described below, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers.

 

Notification of Alleged Copyright Infringement (“Notification”): If you believe that your own copyrighted work is accessible on the myPetshare website or service in violation of your copyright, you may provide Us with a written communication.

Your Notification of Alleged Copyright Infringement must contain substantially the following information:

i. Identify in detail the copyrighted work or intellectual property that you claim has been infringed (e.g. sending URL address to a site containing your work). If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.

ii. Identify the URL or other specific location on the myPetshare Site and/or Services that contains the material that you claim infringes your copyright. You must provide us with reasonably sufficient information to locate the alleged infringing material.

iii.  Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

iv.  Include a 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.

v.  Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

vi. Include your name, mailing address, telephone number and email address.

  1. You may submit your Notification by sending it to Petshare AG, Zürich, Switzerland by E-Mail as set forth below:

info@mypetshare.com

 

  1. Filing a false form on this page constitutes perjury. Please note that you may be liable for damages, including court costs and attorney’s fees, if you materially misrepresent that content on our website and/or service is copyright infringing.
  2. Upon receiving a proper Notification as described above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.