Terms of Services
This Terms of Use Agreement was last updated on 01/23/2024.
This Terms of Use Agreement (“Agreement”) sets forth the terms and conditions governing your use of this online service (“Service”) at this web site (“Site”) through which we (“Company”) offers the Service. By using the Site you agree that the terms and conditions of this Agreement as it may be amended from time to time govern your use of the Site and the Service. If you do not agree to the terms and conditions of this Agreement you should immediately cease all usage of the Service and leave the Site. We reserve the right at any time to modify alter replace or otherwise update the terms and conditions of this Agreement without prior notice. Any such terms and conditions shall become effective immediately upon being posted at the Site. Your continued use of any Service after amendments are posted constitutes an acknowledgement and acceptance of the latest Agreement and its modifications. Except as provided in this paragraph this Agreement may not be amended.
1. Description of Service
Through the Service we are providing you with online classified advertisements internet directory listings article postings and/or blog and forum postings. You must (1) provide all equipment necessary for your own Internet connection including computer and modem (2) provide for your access to the Internet and (3) pay any fees to others required for such connection.
2. Disclaimer of Warranties
We provide the site on an “as is” and “as available” basis. To the fullest extent permitted by applicable law we make no representations or warranties of any kind express or implied regarding the use or the results of the Site in terms of its correctness accuracy reliability or otherwise. Company shall have no liability for any interruptions in the use of the Site or the Service. COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties. Therefore the above exclusion may be inapplicable to you.
3. Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER. IN PARTICULAR COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL INDIRECT CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOST PROFITS LOSS OF REVENUE OR LOSS OF USE ARISING OUT OF OR RELATED TO THE “SERVICE ” THE “SITE” OR THE INFORMATION CONTAINED IN IT WHETHER SUCH DAMAGES ARISE IN CONTRACT NEGLIGENCE TORT UNDER STATUTE IN EQUITY AT LAW OR OTHERWISE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.
4. Indemnification
You agree to indemnify and hold Company its parents subsidiaries affiliates officers and employees harmless from any claim demand damage liability cost or expense including reasonable attorney fees and costs that we are required to pay any third party due to or arising out of your use of the Site or Service your breach of this Agreement including without limitation your infringement of the trademark copyright trade secret patent rights or rights of publicity or privacy of any other person or entity or any such action by another user of the Service using your computer.
5. Registered Member’s Account
When you register to use the Service you will become a registered member of the Service (“Registered Member”) and will select a user name and password. If you are a Registered Member you must use that user name and password each time you log in to the Service. Registered Members are entirely responsible for any and all activities that occur under their account regardless of whether the Registered Member is authorized such activity. You agree to notify Company of any unauthorized use of your account user name or password or any other breach of security known to you. Your right to use the Service can be revoked by Company at any time for any reason or for no reason. Such right is personal to you and you agree not to resell or make any commercial use of the Service or any part thereof without the express written consent of Company. By registering for the Service you agree to receive periodic emails that will be sent to the email address you registered with such as but not limited to registration confirmation ad placement confirmation contact email ad placement confirmation reminders and website newsletters.
For our classifieds we may currently display the following information on our ad pages (if applicable):
- Listing title
- Listing number
- When the listing began
- Registered Member’s username
- When Registered Member last time logged in
- Registered Member’s listing location as it relates to the listing
- Registered Member’s phone number as it relates to the listing (if selected)
- Price of listing item or service
- Website link related to listing
- Number of views listing has had
- Listing description
- Listing video(s)
- Listing photo(s)
The above information is subject to change. Currently only the listing title listing category price type image listing description country phone number and address to display on map are required fields. Registered Member has the option of filling in only the required fields and is solely responsible for which fields are filled in and displayed. Registered Member has the option of following this guide or choosing to not use the service.
Listings created by Registered Member must comply with our ad guidelines. The current version of our ad guidelines can be found at https://exoticpetsclassified.com/ad-guidelines/.
Communications sent between users members buyers sellers and other individuals using our communication services may be reviewed by us. We review communications sent through our system for fraudulent or malicious intent.
6. Permissions You Give to Us.
As part of our agreement you also give us permissions that we need to provide the Service. We do not claim ownership of your content but you grant us a license to use it.
Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead when you share post or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service you hereby grant to us a non-exclusive transferable sub-licensable worldwide license to host use distribute modify run copy publicly perform or display translate and create derivative works of your content (consistent with your privacy and application settings) for purposes of making the Petclassifieds.com Service available. You can end this license anytime by deleting your content or account. However content will continue to appear if you shared it with others and they have not deleted it.
7. Additional Rights We Retain
If you select a username or similar identifier for your account we may change it if we believe it is appropriate or necessary (for example if it infringes someone’s intellectual property or impersonates another user).
If you use content covered by intellectual property rights that we have and make available in our Service (for example images designs videos or sounds we provide that you add to content you create or share) we retain all rights to our content (but not yours).
You must obtain written permission from us or under an open source license to modify create derivative works of decompile or otherwise attempt to extract source code from us.
8. Content Removal and Disabling or Terminating Your Account
We can remove any content or information you share on the Service or disable or terminate your account at any time without any notice. Content you delete may persist for a limited period in backup copies and will still be visible where others have shared it.
9. Premium Services
When you book a premium service (package) through our website you are buying a digital service that will present your ad preferentially to visitors. All transactions for the purchase of intangible services are made through the payment gateway PayPal. Since your purchase is a digital service it is deemed “used” after purchase and all purchases made are non-refundable or exchangeable. Entries identified through fraud and complaints will be removed immediately and no refunds will be given. Company reserves the right to amend any information including but not limited to prices terms of purchase and product or service offerings without prior notice.
10. Modifications and Interruption to Service
Company reserves the right to modify or discontinue the Service without notice to you. Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue the Service. You acknowledge and accept that Company does not guarantee continuous uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
11. Third-Party Sites
The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of or the content located on or through any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites may be subject to the terms of use and privacy policies of each such site and we are not responsible therefor. We encourage you to review the terms of use and privacy policies of such third-party sites.
12. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information you may view or access through the Service have either been provided by third party vendors or collected from publicly available sources. As a consequence we make no representations or warranties as to the accuracy or reliability of any information provided on the Site. Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.
13. Compliance with Laws
In your use of the Site and the Service you are responsible for compliance with all laws applicable thereto. You may not use the Service in any way that violates applicable local state Federal national or international laws regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense give rise to civil liability or otherwise violate any applicable local state Federal national or international law or regulation.
14. Copyright and Trademark Information
The copyright in certain content included or available on the Site including without limitation Site design text graphics interfaces and the selection and arrangement thereof is owned by the Company or its licensors vendors or advertisers with all rights reserved therein. Any use of materials taken from the Site including without limitation reproduction for purposes other than those noted above modification distribution or replication any form of data extraction or data mining or other commercial exploitation of any kind without the prior written permission of an authorized officer of Company is strictly prohibited. You agree that you will not use any robot spider or other automatic device or method or manual process to monitor or copy the Site’s web pages or the content contained therein without the prior written permission of an authorized officer of Company.
Trademarks displayed by vendors on the Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation by Company of those owners any products or services they advertise or sell or any other materials contained on their web sites. In addition the use of trademarks or links to the web sites of our vendors is not intended to imply directly or indirectly that those vendors endorse or have any affiliation with Company or that the Company endorses or vouches for such vendor or any product or service advertised or offered thereby.
By using the Site you agree not to improperly use another party’s intellectual property. If anything you post on the Site is alleged to be an infringement of another party’s intellectual property rights your advertisement will be removed from the Site and you will be directed to settle the difference with the intellectual property owner. You will not be refunded any fees should it become necessary to remove your advertisement. You further agree to indemnify and hold the Company harmless for any possible liability that may arise from your improper or infringing use of another party’s intellectual property. The indemnification shall extend to and not be limited to the cost of any and all legal fees incurred by the Company to defend against or respond to any allegation of improper or infringing use of the intellectual property rights of another.
15. Copyright Infringement
Pursuant to Title 17 United States Code Section 512(c)(2) notifications of claimed copyright infringement should be sent to the Company’s Designated Agent. Please view the privacy policy above to see the Notice and Procedure for Making Claims of Copyright Infringement. It is the policy of this Company to respond to clear notices of copyright infringement that comply with the procedure for notices set forth in such statement. All such notices must be in writing and signed by you and given to us by email regular postal mail or fax. You may not post infringing content on the Site. If you do we may remove or disable access to the infringing content. It is Company policy in appropriate cases to cancel the registration of repeat infringers and terminate their access to the Service.
16. Objectionable Materials
Company does not and cannot review all content available through the Service or materials posted to the Site by third persons including Registered Members. Company is not responsible for any such advertisements or materials. Company reserves the right at all times to disclose any information as necessary to satisfy any law regulation or government request or to edit refuse to post or to remove any information or materials in whole or in part that in Company’s sole discretion are objectionable or in violation of this Agreement. While Company will endeavor to enforce the terms of this Agreement we cannot warrant or represent that Registered Members will in fact adhere to this Agreement and cannot act as insurers against or accept any liability for their failure to do so.
17. Other Terms
If any provision of this Agreement shall be unlawful void or unenforceable for any reason the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement any other agreements referenced herein and any information you provided Company may be assigned by Company in our sole discretion to a third party in the event of a liquidation merger or acquisition involving the Company. This Agreement shall apply in addition to and shall not be superseded by any other written agreement between us in relation to your participation as a Registered Member. By accepting this Agreement you are consenting to the use and disclosure of your personally identifiable information and the other practices described in our privacy policy. Please review our privacy policy which is incorporated in this Agreement by this reference as if fully set forth in this Agreement. Section headings in this Agreement are for convenience only and shall not be used in the interpretation of any provision of this Agreement.