Terms & Conditions

 
This is a legal contract between Petzooba LLC, a website ("Petzooba") and the subscriber ("Subscriber"). By using this service, participating in the Petzooba community and browsing this site, you acknowledge that you have read and understand, in its entirety, the terms and conditions ("Terms") as they are outlined here. Furthermore, the Subscriber agrees to be bound by the Terms, whether signed or unsigned, as well as to comply with all local, state or provincial and/or federal laws and regulations as they apply to the use of this service. Any Subscriber who does not agree to these Terms should not use this service and should contact Petzooba immediately to cancel said service.

Holiday eCard Members 2010

Holiday eCard Members that register on holiday.petzooba.com will automatically be given a FREE, full, 6-month eCard subscription on www.petzooba.com. Subscribers will use the same email and password to login.

FREE eCard Subscriptions

Petzooba offers a limited number of FREE eCards for those that subscribe on the Quick sign-up form located in the FREE eCards section. The Quick sign-up form requires a subscriber to submit their first and last name, email address and a password to automatically activate their subscription. A subscriber must always sign in to send eCards and will only be able to send eCards that are in the FREE eCard section. Subscribers can photo-personalize eCards when applicable and send one at a time. A subscriber can also save eCards, set up a profile and communicate with other members of the Petzooba community. At any time a FREE eCards subscriber may select a paid subscription by simply going to the top of any page and clicking the UPGRADE MEMBERSHIP button.

501(c)(3) Nonprofit eCard Subscriptions

Petzooba offers pet rescues and shelters one FREE eCard subscription. The criteria for eligibility is a confirmation that the pet rescue or shelter is actively posting adoptable pets on the Adopt-A-Pet web site. Additionally the rescue or shelter may not be involved in animal cruelty or fraudulent activity.

Paid Subscriptions

Petzooba offers paid personal and business subscriptions. Personal subscriptions are $9.95/USD and business subscriptions are $19.95/USD per year, which are charged upon completion of initial paid registration and every year thereafter on a recurring subscription.

FREE One-Year Subscription

Paid subscribers can send a one-time-only FREE membership to a friend. Paid subscribers will receive a coupon code that they can provide their friend. The coupon code must be used by a friend to activate their membership within 30 days of a paid subscriber receiving the coupon code or it will be void. FREE one-year subscribers will receive all site privileges with exception to that they cannot vote for a charity in Petzooba Gives Back as they are not paid subscribers. Upon completion of a FREE one year membership a subscriber may join as a paid subscriber or they will default to a FREE eCard membership where they will only be able to send eCards in the FREE eCards section.

Paid Subscription Cancelations

A subscriber may cancel a paid subscription up to 30 days after joining. After a member has canceled their subscription Petzooba reserves the right to prohibit the user from subscribing again.

Recurring Subscriptions

For your convenience Petzooba has set up recurring subscriptions for paid yearly subscription renewals. The recurring subscription will automatically renew one year after the previous subscription has ended and continue every year thereafter unless canceled. An email notification will be sent to subscribers prior to every recurring subscription.

Recurring Subscription Cancelations

A subscriber may cancel a recurring subscription if it has not yet started or it may be canceled up to 30 days after activation.

How to Cancel a Paid or Recurring Subscription

A subscriber must go to the Help menu, and then click on Contact Us followed by Cancel Membership from the dropdown menu. The subscriber will then provide their full name, email address and the following verbiage, Cancel my Petzooba subscription.

Email Opt Out

Newsletter — Paid members may opt out from receiving our newsletter by selecting this option in their Edit my Profile section within their profile. FREE eCards subscribers and 30-day FREE trial offer subscribers may not opt out from receiving the Petzooba newsletter.
Petzooba Messages — All subscribers must receive email messages relating to their membership, site revisions or changes in the terms and conditions of the site.
eCards — An eCard recipient has the option of opting out from receiving Petzooba eCards from all Petzooba subscribers. Opt out links are found at the bottom of all outbound eCards.

Delete an Account

If you wish to delete your account permanently please go to Help, Contact us then click on Other and please notify us by providing your email address, full name and the following verbiage, Please delete my account permanently. Once a subscriber has deleted their account their saved eCards, address book and community privileges will no longer be accessible and they will no longer be able to send Petzooba eCards. Once a subscriber has permanently deleted their account they may not reinstate it.

Site Usage

Petzooba hereby grants a limited license for first-time, 30-day FREE trial offers, paid subscriptions and FREE eCard subscriptions for use of the following site materials: eCard fabrication and sending, contests and community services provided for Subscribers on Petzooba for personal or business use. No other use of the site materials contained therein is authorized. The Subscriber agrees that any copy of the materials created on the site will remain property of Petzooba and may be used in an unlimited capacity. Framing of this site or its materials for use on other Websites is expressly prohibited.

The Petzooba site contains materials that are or may be the subject of intellectual property. This includes products, technology and processes described or used on this site. Intellectual property rights are reserved by Petzooba with exception to the limited license granted in the above paragraph. No subscriber is permitted to obtain or assume any license, title or ownership of any intellectual property contained within this site.

Copyright

All material available on Petzooba.com are the express property of the site and are copyright © 2010, Petzooba LLC.

Use of any Petzooba trademarks as meta-tags for search engines or other SEO purposes is strictly prohibited.

Acceptable Use Policy

Petzooba monitors site usage to ensure that its eCards are used in a lawful and non-offensive manner. Petzooba reserves the right to investigate any Subscriber content at its discretion should inappropriate usage be believed or reported. The following offenses are neither allowed nor tolerated on Petzooba.com: Should Petzooba discover that any Subscriber has violated this Acceptable Use Policy, Petzooba reserves the right to disclose relevant information about such violations to third parties including, but not expressly limited to: law enforcement officials, product recipients and their counsel, and Petzooba counsel. Information revealed in the case of Acceptable Use violations, both past and future, may include Subscriber name and account information, transmission data (past and subsequent) and any other information deemed as necessary by Petzooba and their counsel to address such offenses. Disclosures of this nature may be made with or without prior notice to a Subscriber and are subject to Subscriber consent by use of Petzooba's services.

Spam Policy

Subscribers may not use Petzooba to send eCards as unsolicited bulk or commercial messages to parties to whom the Subscriber is not known. Additionally, Petzooba expressly prohibits the use of automation programs which aid in the process of sending or viewing materials. The right to limit or amend the number of eCards or messages and/or number or recipients to which Subscribers can send eCards can be sent is reserved by Petzooba. Such amendments or limitations may occur without prior notice to Subscribers.

Petzooba has set up an excel spreadsheet upload for business subscribers only.

Any communications, actions and transmissions initiated by Subscribers of Petzooba are the sole responsibility of said Subscriber. Although Petzooba reserves the right to review Subscriber transmissions to ensure adherence to the Terms, Petzooba or any of its affiliates does not exercise editorial control over Subscriber actions or communications.

Communications from business or individual Subscribers to their customer base, colleagues, friends or family fall outside the scope of this Spam Policy, as long as the Subscriber has established prior communications or contact with the recipient list. Petzooba eCards may not be sent as an unsolicited attempt to acquire new business. Any Subscriber who violates these provisions by bulk mailing unsolicited communications will be restricted from using the site.

Links and Advertisements

Petzooba may feature links to third-party Websites on its site, in its newsletters, or in its email communications to Subscribers. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or in other form. Companies advertising goods and services with these links are NOT affiliated with Petzooba LLC in any way and Petzooba is not accountable for advertised products. Petzooba will neither reimburse nor indemnify Subscribers for any losses resulting from an advertiser's misrepresentation of quality, workmanship, value or reliability of merchandise and/or financial instability of the advertising company. Subscribers are advised to adhere to use practical online safety measures when making purchases online.

In the circumstance that access to Petzooba is provided by a link located at another Website, neither Petzooba nor its affiliate’s holds any accountability in respect to the information provided on the external site. Furthermore, neither Petzooba nor its affiliates hold any liability for injury or damages arising from the content of external sites as Petzooba and its affiliates neither endorse nor have any association with the individuals, companies or any products or materials associated with such individuals, companies, or other similar entities providing the link to Petzooba.

Using Your Content

Subscribers are encouraged to send cards as-is or photo-personalized by uploading photos, artwork and other materials. In doing so, Subscribers are indicating that the material is Subscriber-owned or that the Subscriber has been granted full rights to its use. Such personalization also indicates that the Subscriber is not uploading illegal materials or those which depict obscene or pornographic images, as subject to the conditions outlined in these Terms.

Contests

From time to time, Petzooba will sponsor contests on its site. Participation in such contests is entirely voluntary and Petzooba does not condition access to any goods or services it offers on participation in any contest. In electing to enter any such contest, Subscriber participation is governed exclusively by the contest rules available through the entry forms. Subscribers agree to strictly adhere to any and all rules governing such contests.

Any and all personally identifiable information provided in conjunction with a contest becomes the property of Petzooba. In entering a contest, Subscribers consent to receive special promotions and offers from Petzooba and its advertisers, in a manner consistent with the Privacy Policy. Winning Subscribers (those who are awarded prizes or other considerations) consent to give Petzooba permission their name, likeness, portrait, recorded voice, and biographical information for advertisement, publicity or promotional purposes. No additional consideration is to be paid for such rights.

Warranty Restriction; Limitation of Liability

Services, information and materials available on Petzooba are provided "AS IS." No warranty, either expressed or implied, is provided. Petzooba provides no assurance against interference with Subscriber enjoyment of services, information and materials (as defined in Terms), nor does Petzooba provide assurance against infringement. Said materials are subject to change without notice. Petzooba holds no responsibility for the failure of eCards to reach recipients or failure of eCards to reach recipients on a pre-determined date.

Should any limitation of liability arise in connection with a Subscriber's inability to use or access the site or information provided on the site, Petzooba and its employees, sponsors, contributors and directors will assume no liability for any direct, indirect, punitive or incidental damages of any kind whatsoever. This limitation applies to all cause of action including: breach of contract; breach of warranty; negligence and misrepresentation. The Subscriber agrees the Petzooba and its affiliates' aggregate liability shall not exceed any sums paid pursuant to this agreement.

Petzooba and its affiliates shall assume no responsibility or liability for any eCards, photos or text that are uploaded or sent by you or any third party on this site. Petzooba will not and cannot be held liable for Subscribers misrepresenting themselves on the site, fraudulent behavior, obscene behavior, threats or profane language. You, the site subscriber, agree to hold harmless Petzooba, its advertisers, contest sponsors, contributors, and hosting company from any liability.

International Use

Subscribers who access Petzooba from locations outside of the United States or Canada do so on their own initiative and are subject to their local laws and restrictions. Petzooba and its affiliates do not make any representation that the services, materials and information on the site are appropriate or available for use in these locations, nor do they condone accessing them from territories where the contents are illegal or prohibited.

Indemnification

Subscribers indemnify, defend and hold harmless all Parties of Petzooba from and against any and all liability and costs with any claim arising from (Subscriber or any subscriber of the Subscriber) account's breach of the Terms, Acceptable Use Policy or any other portion of this Agreement. Costs include, without limitation, reasonable attorney fees, incurred by the Indemnified Parties. Indemnified Parties include Petzooba, its affiliates, directors, owners, content providers, licensors and licensees. Should such a claim arise, a Subscriber must cooperate as reasonably required in the defense of such claim. Petzooba reserves the right to assume the exclusive defense and control of any matter subject to indemnification by Subscribers. Such a right is reserved at Petzooba's own expense.

Enforcement by Petzooba

Violation of these terms, as outlined here, and as determined by Petzooba, may result in one or more of the following: blockage of the sending or receipt of eCards from Petzooba's site, immediate termination of Subscriber account and/or deletion of the Subscriber's profile(s). Petzooba retains the right to refuse re-activation of any Subscriber who has been determined to have violated the Terms.

Governing Law

This Agreement, its respective rights and the responsibilities of all parties involved are governed by and construed in accordance with the laws of the state of Delaware. Any dispute between a Subscriber and Petzooba shall be submitted to binding arbitration in the state of Florida in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.

Updates to Terms

The Terms, as outlined in this posting, may be revised and updated by Petzooba at any time. Usage of this site and its services serves as an agreement to be bound by these revisions or updates. It is the Subscriber's responsibility to periodically revisit the Terms to determine the current Terms to which a Subscriber is bound.

If you have questions about our terms and conditions, please contact us at: support@petzooba.com.