Terms and Conditions
This website is provided for the PetSmart Pet Community to share information and pictures about dogs and cats with other dog and cat lovers (the “PetSmart service”). Your registration and use of this PetSmart service is governed by the following Terms of Service and the PetSmart.com Conditions of Use, Legal Notices, and Privacy Policy (collectively, “Terms, Notices and Policies”). Upon registration, you become a PetSmart service member (“Member”). References to “PetSmart” in these terms mean PetSmart, Inc., its affiliates, subsidiaries, divisions and designees, and its site owner, PetSmart Store Support Group, Inc. We reserve the right to remove any submission and reject any registration, in our sole discretion, that violates our posted Terms, Notices and Policies. The PetSmart service is a family site. Anything deemed by the PetSmart community to be obscene will be removed or edited with or without notice to you. While the PetSmart service does not tolerate such negative conduct and content, you understand and agree that you nonetheless may be exposed to such materials and that you use the PetSmart service at your own risk.
Eligibility and Registration
Participation in this PetSmart service is limited to persons at least 13 years of age at time of registration. As part of the registration process, you must click to agree to our Terms, Notices and Policies, and will then be asked to select a username and password. You will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Participation by PetSmart Associates
PetSmart encourages PetSmart associates to use social networks such as our pets.com content/community site during non-working hours.
Under the terms of PetSmart's Communication Policy, and in particular, in light of the potential for unintentional disclosure of nonpublic information, PetSmart has a strict policy forbidding associates from sharing company information with others that may be considered confidential, proprietary or sensitive in nature. This includes information about other associates, lists of associate names/personal information, customer data, trade secrets, sales and inventory, marketing plans, finances, merchandise and supply chain activities, pet care practices and so on.
Please see the relevant PetSmart policies and your manager for additional guidance.
Appropriate Conduct and Access; Personal Use Only
This PetSmart service is available for personal, non-commercial use only. Businesses, organizations or other similar entities are prohibited from using the PetSmart service for any purpose.
You may not use the PetSmart service for any illegal or unauthorized purpose. You agree to comply with all local United States and Canada rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or Canada. You are solely responsible for your conduct and any data, text, information, photos, links and other content (“Materials”) that you submit, post, and display on the PetSmart service.
Content; Submissions
By submitting Materials to the PetSmart service, you agree that you are the sole owner and copyright holder of the photo(s), stories, and information you submit; that these items do not infringe any intellectual property rights of any individual or entity, including the photographer who took the photo(s) you have submitted; and that these items do not contain any material that otherwise violates any criminal prohibition.
You grant to PetSmart, its employees, agents, personnel, assigns, licensees, successors in interest, and legal representatives, an irrevocable and perpetual and royalty free right to use your photo(s), stories, and information and name (first name and/or last name or any fictional name you provided with your submission) or likeness, in all forms and in all media and in all manners, without any restriction or notice as to changes or alterations for any advertising, promotion, publicity, or any other lawful purposes.
Your submission may be altered for the purposes of proper publication by the PetSmart service. You waive any claims you may have based on any usage of your photo(s), stories, and information and release PetSmart from any and all liability related to distribution, publication, and dissemination of these items, including publication on the Internet. You waive all moral or integrity rights with respect to the photo(s) you have submitted to PetSmart.
You acknowledge that PetSmart is relying upon and would not use your submissions in the absence of these terms. PetSmart is not liable or responsible for any content provided by users at PetSmart’s websites and will not sell the rights in your photo(s), stories, or information to any third party.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or our Terms, Notices and Policies. This includes comments concerning our competitors, vendors, business partners, service providers, associates, and affiliates.
Other examples of illegal or unauthorized uses include, but are not limited to: modifying, adapting, translating, or reverse engineering any portion of the PetSmart service; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the PetSmart service; collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of the PetSmart service; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s enjoyment of the service; submitting Materials of any third party without such third party’s prior written consent; directing any user (for example, by linking) to any Materials of any third party without such third party’s prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by PetSmart; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.
PetSmart’s Proprietary Rights
Except as expressly authorized by PetSmart, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of PetSmart’s proprietary information and content which includes the sum of all postings and photos to the PetSmart service site. The PetSmart logo and other “PetSmart” trademarks are registered to PetSmart, and your use of any of the PetSmart trademarks is not permitted without the express written permission of an authorized representative of PetSmart.
Privacy Statements
Our collection and use of personal information is governed by our Privacy Policy. Click here to review the PetSmart Privacy Policy. You understand and agree that PetSmart may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of PetSmart, its affiliates or the public.
Disclaimer of Warranties and Limitation of Liability
PetSmart disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the PetSmart service site. PetSmart disclaims any and all responsibility and liability for the conduct of any Member.
YOU AGREE THAT YOUR USE OF THE PETSMART SERVICE IS ENTIRELY AT YOUR OWN RISK. Review the PetSmart Website Conditions of Use, Legal Notices, and Privacy Policy for additional details.
UNDER NO CIRCUMSTANCES WILL PETSMART BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PETSMART SERVICE, WHETHER OR NOT PETSMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PETSMART SERVICE, FROM INABILITY TO USE THE PETSMART SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PETSMART SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL PETSMART BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).
Term and Termination and Notice
Our Terms, Notices and Policies govern your use of the PetSmart service. We may terminate your membership immediately at any time, for any reason. Upon termination, you will have no right to use the PetSmart service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
PetSmart may provide you with notices regarding the PetSmart service or our Terms, Notices and Policies by regular mail, email, or postings to this PetSmart service site.
Our Terms, Notices and Policies constitute the entire agreement between you and PetSmart with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Copyright Infringement Information
We will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on PetSmart service, please read the following information for filing or responding to a notice of infringement.
Please send a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, contact an attorney first.
To expedite our ability to process your request, please use the following format:
1. Identify in sufficient detail the material that you believe has been infringed. For example, “The copyrighted work at issue is the image that appears on Sparky’s Profile on www.PetSmart/dogs/189.”
2. Identify the material that you claim is infringing the material listed in item #1 above.
3. Provide information reasonably sufficient to permit PetSmart to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit PetSmart to notify the user(s) who posted the content that allegedly contains infringing material (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to: PetSmart, Inc., Attention: Shana Costarella. 19601 North 27th Avenue, Phoenix, AZ 85027. FAX # 623-580-6508.
The user(s) who posted the content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question.
To file a counter notification with us, please provide a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your counter notification, please use the following format:
1. Identify the specific URLs of material that PetSmart has removed or to which PetSmart has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Arizona if your address is outside of the United States), and that you will accept service of process from the person who provided notification to PetSmart of the infringement or an agent of such person.
3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
4. Sign the paper.
5. Send the written communication to: PetSmart. Inc., Attention: Shana Costarella. 19601 North 27th Avenue, Phoenix, AZ 85027. FAX # 623-580-6508
Changes to PetSmart Service, Terms, Notices and Policies
We reserve the right to modify or terminate the PetSmart service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify our Terms, Notices and Policies from time to time without notice. You are responsible for regularly reviewing our Terms, Notices and Policies so that you will be apprised of any changes.
