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is the legal part of the show. It's just so everybody
knows the rules for Muchopets.com on the Web.
Be sure to get your parents to look at and discuss
these rules with you:
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All the toys and games
here are just for you to play with. You can't
sell them, give them to anyone, or pretend
you made them. You can't do anything EXCEPT
play with them, unless you ask us first and
we say it's OK. Kind of like playing with
your big brother's toys?.
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If you see something you
don't like, remember that all the stuff on
the message boards and chat rooms comes straight
from others like you, not from someone at
Muchopets.com. Muchopets.com wouldn't tell
you what to say, because you have minds of
your own! But if someone sends ugly messages,
we'll do our best to take care of it. We all
want Muchopets.com to be a good, clean place.
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If you write something
that catches our eye on a message board or
in a chat room, we might want to use it on
the site. By sending in your thoughts and
hanging out in the chat rooms, and getting
your parent’s permission to do so, you
and your parents are telling us it's ok to
repeat what you say. It's even ok to put it
in an advertisement. It means we can use it
in any way we want, anywhere, until the end
of time. And wouldn't it be cool if we used
something YOU said until the end of time?
Remember to ALWAYS
check with your parents before you send anything
to us. After all, they might want it to put on
the fridge! Of course, the lawyers in the legal
office have their own way of saying all that.
Here's their version (also known as The Small
Print):
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS WEBSITE (the "Site").
This Site at Muchopets.com is fully controlled
and operated by Muchopets.com. By accessing and
using this Site, you are hereby agreeing to be
legally bound by the terms and conditions of Muchopets.com
. If you do not agree with all of the following
terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion,
to change, modify or otherwise alter these terms
and conditions at any time. Such changes and/or
modifications shall become effective immediately
upon the posting thereof. Please review the terms
and conditions periodically. Your continued use
of the Site following the posting of changes and/or
modifications will constitute your acceptance
of the revised terms and conditions.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs,
illustrations, audio clips, video clips, artwork,
graphic material, or other copyrightable elements,
and the selection and arrangements thereof, and
trademarks, service marks and trade names (the
"Material") are the property of Muchopets.com
and/or its subsidiaries, affiliates, assigns,
licensors or other respective owners and are protected,
without limitation, pursuant to U.S. and foreign
copyright and trademark laws. Muchopets.com hereby
grants you a personal, non-exclusive, non-assignable
and non-transferable license to use and display,
for noncommercial and personal use only, one copy
of any material and/or software that you may download
from this Site, including, without limitation,
any files, codes, audio or images incorporated
in or generated by the software provided that
you maintain all copyright and other notices contained
in such Material. You agree not to reproduce,
modify, create derivative works from, display,
perform, publish, distribute, disseminate, broadcast
or circulate any Material to any third party (including,
without limitation, the display and distribution
of the Material via a third party website) without
the express prior written consent of Muchopets.com.
Use of Muchopets.com and/or its licensors' Material
is only permitted with their express written permission.
You further agree that you will not disassemble,
decompile, reverse engineer or otherwise modify
the Material. Any unauthorized or prohibited use
may subject the offender to civil liability and
criminal prosecution under applicable federal
and state laws.
CHATROOM / MESSAGE BOARDS To
the extent that portions of this Site provide
users an opportunity to post and exchange information,
ideas and opinions (the "Postings"),
please be advised that Postings do not necessarily
reflect the views of Muchopets.com . In no event
shall Muchopets.com assume or have any responsibility
or liability for any Postings or for any claims,
damages or losses resulting from their use and/or
appearance on this Site. You hereby represent
and warrant that you have all necessary rights
in and to all Postings you provide and all information
they contain and that such Postings shall not
infringe any proprietary or other rights of third
parties or contain any libelous, tortious, or
otherwise unlawful information. You hereby authorize
Muchopets.com to use, and authorize others to
use, your Postings in whole or in part, throughout
the world in perpetuity in any and all media,
now known or hereafter devised, alone, or together
or as part of other material of any kind or nature.
Without limiting the foregoing, Muchopets.com
will have the right to use and change the Postings
in any manner that Muchopets.com may determine.
Additionally, Muchopets.com may sweep its chatrooms
and/or message boards periodically in its sole
discretion. Muchopets.com does not allow Postings
which contain: private or personal information
which might identify a user profanity or obscenities
personal attacks on other individuals slanderous,
defamatory, obscene, pornographic, threatening
and harassing comments; and/or other information
that Muchopets.com deems in its sole discretion
to be inappropriate for this Site. The chatrooms/message
boards may be used for noncommercial purposes
only. Users may not post any information intended
to promote and/or generate revenue for any third
party business activity. Although Muchopets.com
periodically monitors the content posted on this
Site, we cannot be responsible for the views or
opinions expressed by third parties. Nonetheless,
Muchopets.com will make every effort to ensure
that the chatrooms/message boards best serve the
interests of all users and, therefore, Muchopets.com
reserves the right to refuse to post, edit, or
delete messages that violate the above-referenced
Rules of Participation, as well as revoke the
privileges of users who do not comply with such
rules.
CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS
AND OTHER ACTIVITIES Muchopets.com provides
Rules of Participation for certain activities
on this Site including, without limitation, contests,
sweepstakes and electronic postcards by Muchopets.com
and in conjunction with third parties. This Agreement
is incorporated by reference to the specific Rules
of Participation which appear in connection with
information about a particular activity. To the
extent that any conflict exists between this Agreement
and specific Rules of Participation, the Rules
of Participation for the activity in which you
choose to participate shall govern.
DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE
AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED
AND TRANSMITTED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. Muchopets.com is not
responsible or liable for any infections or contamination
of your system, or delays, inaccuracies, errors,
or omissions arising out of your use of this Site
or with respect to the information and material
contained on this Site. The entire risk as to
the quality, accuracy, adequacy, completeness,
correctness and validity of any material rests
with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, MUCHOPETS.COM , ITS AFFILIATES,
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD
PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE
FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION,
COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE MATERIALS
CONTAINED ON THIS SITE WHETHER THE MATERIAL IS
PROVIDED OR OTHERWISE SUPPLIED BY MUCHOPETS.COM
OR ANY THIRD PARTY. Notwithstanding the foregoing,
in no event shall Muchopets.com’s liability
to you for any and all claims, damages, losses,
and causes of action (whether in contract, tort
or otherwise) exceed the amount paid by you, if
any, for accessing this Site.
THIRD PARTY HYPERLINKS The appearance
of external hyperlinks and/or postcards generated
by third parties does not constitute endorsement
by Muchopets.com , its subsidiaries and affiliates
of the opinions or views expressed by these third
party websites and Muchopets.com does not verify,
endorse, or take responsibility for the accuracy,
currency, completeness or quality of the content
contained at these sites. Furthermore, Muchopets.com
is not responsible for the quality or delivery
of the products or services offered, accessed,
obtained by or advertised at such sites. As such,
neither Muchopets.com nor its subsidiaries and
affiliates will be responsible for any errors
or omissions or for the results obtained from
the use of such information contained in these
sites. Finally, Muchopets.com will under no circumstances
be liable for any direct, indirect, incidental
or special loss or other damage, whether arising
from negligence, breach of contract, defamation,
infringement of copyright or other intellectual
property rights, caused by the exhibition, distribution
or exploitation of any information or content
contained within these third party hyperlinked
sites.
INDEMNIFICATION You agree to
indemnify, defend and hold harmless, Muchopets.com
, its affiliates, and their respective officers,
directors, employees, agents, licensors, representatives,
and third party providers to the Site from and
against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting
from any violation of this agreement by you. Muchopets.com
reserves the right to assume, at its sole expense,
the exclusive defense and control of any matter
subject to indemnification by you, in which event
you will fully cooperate with Muchopets.com in
asserting any available defenses.
MISCELLANEOUS Muchopets.com operates
and controls this Site from its offices at 925
Wharton Circle, Lower Gwynedd, PA 19002, United
States of America. This Site is intended for residents
of the United States only. No software from this
Site may be downloaded, exported or re-exported
in violation of any law including, without limitation,
to countries that are subject to U.S. export restrictions.
This Agreement contains the entire understanding
and supersedes all prior understanding of the
parties hereto relating to the subject matter
hereof, and cannot be changed or terminated orally.
If any provision of this Agreement is found to
be illegal or unenforceable, the Agreement will
be deemed curtailed to the extent necessary to
make it legal and enforceable and will remain,
as modified, in full force and effect. This Agreement
and all matters or issues collateral thereto will
be governed by, construed and enforced in accordance
with the Laws of the State of Pennsylvania applicable
to contracts executed and performed entirely therein
(without regard to any principles of conflict
of laws), and jurisdiction for any court action
in the State of Pennsylvania.
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