Last updated: April 2007
2. Material Submitted by Users - Generally
(a) By submitting any material to this Site, including, for example, illustrations, images, lyrics, photos, poems, or text ("Material") for a classified advertisement, Pet Memorial Tribute, advice column, or other forum or offering on the Site, you represent and warrant that you have the right to post the Material to this Site, which means:
(i) you are the author of the Material, or
(ii) the Material is not protected by copyright law, or
(iii) you have express permission from the copyright owner to post the Material on this Site.
(b) Gadzoo.com does not knowingly allow you to post, transmit, display, publish, distribute, or otherwise submit to this Site any Material that:
- contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
- violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation;
- unfairly interferes with any third party's uninterrupted use and enjoyment of this Site;
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
- includes articles, illustrations, images, lyrics, photos, poems, text, or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
- uploads or transmits viruses or other harmful, disruptive or destructive files;
- disrupts, interferes with, or otherwise harms or violates the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site or affiliated or linked sites, "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;
- is otherwise inappropriate for this Site, in the sole discretion of Gadzoo.com.
(c) Gadzoo.com reserves the right to screen, refuse to post, remove or edit classified advertisements, Pet Memorial Tributes, photos, or any other Material that does not meet the standards described in Sections 2(a) and 2(b) above at any time and/or for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to screen or to monitor any content or Materials posted by our users. You are and shall remain solely responsible for all content and Materials submitted to or in connection with the Site.
3. Material Submitted by Users - Classified Advertisements
(a) This Site provides a venue for sellers to list items (or, as appropriate, solicit offers to buy) and for buyers to contact sellers on items. You acknowledge that this Site is not a service selling pets over the Internet, but rather a means to match potential buyers with sellers. Pet classified advertisements are placed by other users, not by Gadzoo.com or any Affiliate Newspaper. Neither Gadzoo.com nor any Affiliate Newspaper is the seller of the items listed in the pet classified advertisements; any transaction is entered into solely between the buyer and seller of the item. Neither Gadzoo.com nor any Affiliate Newspaper is involved in the actual transaction between buyers and sellers. As a result, neither Gadzoo.com nor any Affiliate Newspaper has control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Accordingly, neither Gadzoo.com nor an Affiliate Newspaper will be responsible for the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items; you are and shall remain solely responsible for all content and Materials you submit to or in connection with the Site. We cannot ensure that a buyer or seller will actually complete a transaction.
- You are responsible for negotiating and completing the sale and exchange of the pet(s).
- Buyer and seller are responsible for resolving any disputes that may arise from your transactions related to or resulting from a Pet classified advertisement on this Site.
- You are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which you participate.
- You may not offer for sale or sell any animals or animal items that are subject to regulations or laws for the protection of live animals, including endangered species and domesticated animals, as well as any products made from or including any parts of an animal protected by law or regulation.
- You may not include any language in your advertisement, including the ad title, which may confuse potential buyers or cause your ad to be included in search results that are not applicable.
- You may not use or manipulate this site for any fraudulent activity or purpose, including collecting payment from buyers and not providing the pet(s) purchased, or filing false claims for insurance payments.
- You are solely responsible for actions taken under your password and should not disclose it to anyone else. You cannot use your password for any unauthorized purpose.
- You may not solicit any Affiliate Newspaper users to post advertisements on other classifieds sites.
(b) All pet advertisements placed on this Site must comply with applicable city, state, and federal laws as well as provide adequate, non-misleading information to consumers.
Any and all photos submitted to the site become the property of Gadzoo.com and/or the Affiliate Newspaper. Gadzoo.com and/or the Affiliate Newspaper have the right to use these photos at their discretion.
4. License Granted by Submitters to Gadzoo.com
You grant Gadzoo.com, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to Gadzoo.com in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Gadzoo.com to include the Material you provide in a searchable format that may be accessed by users of this Site and other Web sites. You also grant Gadzoo.com and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant Gadzoo.com the right to use any facts, ideas, concepts, know-how or techniques ("Information") contained in any Material or communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such Information. All rights in this paragraph are granted by you in consideration of your use of this Site and our services of making Material you provide us available to third parties, and without the need for additional compensation of any sort to you.
6. Disclaimer of Permanence
Subject to our right to remove Material, Gadzoo.com represents that each Pet Memorial Tribute will remain on this Site for one year from the date of sponsorship, unless this Site ceases to exist during that year.
7. Accessing Site
Except as specifically authorized by Gadzoo.com, you may not access this Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Site or any information, content, or Material on this Site. Gadzoo.com reserves all of its statutory and common law rights against any person or entity who violates this paragraph.
8. Use of Content on Site
Gadzoo.com grants you permission (which may be revoked at any time for any reason or no reason) to view this Site and to download or print individual pages of this Site solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or Material in any database, compilation, archive or cache. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, Material, software, products or services obtained from this Site. You may not deep-link to this Site for any purpose without the express permission of Gadzoo.com. Any rights not expressly granted herein are reserved.
9. Proprietary Rights
Gadzoo™ is a common law trademark of Legacy.com, Inc. This trademark and other marks, logos, and names of Legacy.com, Inc. and/or Gadzoo.com used on or in connection with this Site (the "Marks") may not be used in connection with any product or service that is not under Legacy.com, Inc.'s or Gadzoo.com's ownership or control. Furthermore, the Marks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Legacy.com, Inc. or Gadzoo.com. All other trademarks not owned by Legacy.com, Inc., Gadzoo.com, or their affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Legacy.com, Inc., Gadzoo.com, or their affiliates.
11. Site Accuracy
Gadzoo.com does not represent or warrant that the information accessible via this Site is accurate, complete, or current. Price and availability information is subject to change without notice. Gadzoo.com assumes no responsibility or liability for any errors or omissions in the content of this Site.
12. Links and Framing
As a courtesy to you, this Site may offer links to other Web sites. Some of these Web sites may be affiliated with Gadzoo.com while others are not. Gadzoo.com is not responsible for the contents of any Web site pages created and maintained by organizations independent of Gadzoo.com. Visiting any such third-party Web site pages is at your own risk. Gadzoo.com has no control of these third-party Web site pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party Web site pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party Web site pages do not constitute or imply an endorsement by Gadzoo.com. By using this Site you acknowledge that Gadzoo.com is responsible neither for the availability of, nor the content located on or through any third-party Web site pages. No authorization or permission is given for framing or linking to any pages of this Site or any of its content, whether in whole or in part.
13. Our Content Removal Rights
14. DISCLAIMER OF WARRANTIES
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, MATERIAL SUBMITTED BY USERS, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GADZOO.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, OPINIONS, SERVICES, PRODUCTS, MATERIALS, AND CONTENT, WHETHER PROVIDED BY GADZOO.COM, USERS, AFFILIATES, OR THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
15. LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL GADZOO.COM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF GADZOO.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GADZOO.COM ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE, OR OF YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE. GADZOO.COM ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING FROM THE CONTENT OR MATERIALS OF THIS SITE, AS WELL AS ANY OFF SITE PAGES OR ADDITIONAL SITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER OR INACCURACY CONTAINED THEREIN. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY.
(b) YOU AND GADZOO.COM AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT, AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.
16. Applicable Law & General Information