Free Pet Poetry
Terms of Use
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Marcos Noriega who operates Free Pet Poetry ("we", "us", or "our"), concerning your access to and use of the website address: https://freepetpoetry.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (“Site”). By accessing the Site, You agree, you have read, understood, and agree to be bound by all of these agreements in the Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We incorporate supplemental terms and conditions or documents that may be posted on the Site from time to time by reference. We reserve the right to modify these Terms of Use at any time and for any reason at our sole discretion. Any changes will be indicated by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Terms of Use periodically to stay informed of updates. Your continued use of the Site after the date on which any revised Terms of Use are posted will constitute your acceptance of an agreement to be bound by the changes.
The Site's information is not meant to be distributed to or used by any person or entity in any jurisdiction or country where doing so would violate laws or regulations or obligate us to register within such jurisdiction or country. Therefore, individuals who opt to access the Site from other locations do so of their own volition and bear sole responsibility for ensuring that they comply with any relevant local laws.
The Site is not tailored to comply with industry-specific regulations Federal Information Security Management Act (FISMA), etc., Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act (GLBA).If your interactions would be subjected to such laws or acts, you may not use this Site.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless stated otherwise, we own the Site as our proprietary property. All elements of the Site, including source code, databases, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the "Content"), as well as the trademarks, service marks, and logos (the "Marks") contained therein, are either owned or controlled by us or licensed to us. They are protected by a variety of intellectual property rights and unfair competition laws, including copyright and trademark laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" and are intended solely for your information and personal use. Without our express prior written permission, no part of the Site, the Content or the Marks may be copied, aggregated, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.
If you are eligible to use the Site, you are granted a restricted license to enter and use the Site, and to download or print a copy of any section of the Content that you have legally accessed, for your personal, non-commercial use only. We reserve all rights to the Site, the Content, and the Marks that are not explicitly granted to you.
USER REPRESENTATIONS
When using the Site, you declare and warrant that: (1) all the registration information you provide is true, accurate, current, and complete; (2) you will ensure the accuracy of this information and update it promptly as necessary; (3) you have the legal capacity to agree to these Terms of Use and will comply with them; (4) you are not a minor in the jurisdiction in which you live; (5) you will not access the Site through automated or non-human means, including bots, scripts, or any other method; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not breach any applicable laws or regulations.
If you provide any untrue, inaccurate, outdated, or incomplete information, we have the right to suspend or terminate your account and deny you access to the Site (or any part thereof) both now and in the future.
USER REGISTRATION
Registration with the Site may be necessary. You agree to maintain the confidentiality of your password and are responsible for all activity on your account using your password. We reserve the right to delete, reclaim, or alter your username if we conclude in our sole discretion that it is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Do not engage in any of the following activities on the Site:
- Systematically retrieving data or content from the Site without written permission from us
- Making unauthorized use of the Site, including collecting usernames or email addresses for the purpose of sending unsolicited emails or creating user accounts under false pretenses
- Using a buying agent to make purchases on the Site
- Advertising or offering to sell goods and services on the Site
- Circumventing or interfering with security-related features of the Site
- Engaging in unauthorized framing or linking to the Site
- Tricking, defrauding, or misleading us or other users
- Making improper use of our support services or submitting false reports of abuse or misconduct
- Engaging in automated use of the system or data mining
- Interfering with or disrupting the Site or networks or services connected to it
- Attempting to impersonate another user or person
- Selling or transferring your profile
- Harassing, abusing, or harming another person using information obtained from the Site
- Using the Site for any revenue-generating endeavor or commercial enterprise
- Deciphering, decompiling, disassembling, or reverse engineering any of the Site's software
- Attempting to bypass measures designed to prevent or restrict access to the Site
- Harassing or threatening employees or agents providing the Site
- Deleting copyright or proprietary rights notice from any Content
- Copying or adapting the Site's software
- Uploading or transmitting viruses, Trojan horses, or other materials that interfere with the Site or modify its operation
- Using information collection or transmission mechanisms without permission
- Using automated systems to access the Site without permission
- Disparaging or harming us or the Site
- Using the Site in a manner inconsistent with applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
By using the Site, you may be invited to participate in various features, including chat, blogs, message boards, and other forums. Through these features, you may create, submit, post, display, transmit, perform, publish, distribute, or broadcast various types of content and materials, such as text, videos, audio, photographs, graphics, comments, suggestions, or personal information. These Contributions may be accessible to other Site users and third-party websites, and are therefore considered non-confidential and non-proprietary. By making Contributions, you represent and warrant that they do not infringe on the proprietary rights of any third party, that you have the necessary licenses, rights, consents, releases, and permissions to use and authorize the use of your Contributions, and that they comply with the Terms of Use. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. Additionally, your Contributions must not be offensive, harassing, abusive, or discriminatory in any way, and they must not promote or incite violence. Any violation of these Terms of Use may result in the termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By sharing or linking your Contributions to the Site from any of your social networking accounts, you are granting us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license and right to use, copy, reproduce, disclose, sell, resell, publish, broadcast, archive, store, cache, publicly perform, publicly display, reformat, translate, excerpt, distribute, and prepare derivative works of your Contributions for any commercial, advertising, or other purpose. This license applies to all forms of media, both existing and future, and includes the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images that you provide.
You are waiving all moral rights in your Contributions and representing that such rights have not been asserted. We do not claim any ownership over your Contributions, and you retain full ownership of all intellectual property and proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions, and you are solely responsible for them. You also agree to refrain from any legal action against us regarding your Contributions and to hold us harmless from any liability that may arise from your Contributions.
We reserve the right to edit, redact, re-categorize, pre-screen, or delete any of your Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions, and you agree that we are not responsible for them in any way.
GUIDELINES FOR REVIEWS
On our Site, we offer areas where you can leave ratings or reviews. To ensure that our Site remains respectful and informative, we require that you follow certain guidelines when posting a review. Firstly, you must have had firsthand experience with the entity being reviewed. Secondly, your reviews should not contain any offensive, profane, or hate language, or any discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability. Thirdly, you should not include any references to illegal activity, or be affiliated with competitors when posting negative reviews. Fourthly, you should not make any conclusions as to the legality of conduct. Fifthly, you may not post any false or misleading statements, and lastly, you may not organize any campaigns encouraging others to post reviews, whether positive or negative.
We reserve the right to accept, reject or remove reviews at our discretion. We have no obligation to screen or delete reviews, even if they are deemed objectionable or inaccurate. Reviews do not represent our opinions or the views of our affiliates or partners and are not endorsed by us. We assume no liability for any review or any claims, liabilities or losses that result from a review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable right and license to reproduce, modify, translate, transmit, display, perform and/or distribute all content relating to the review.
SOCIAL MEDIA
As a feature of the Site, you can link your account with Third-Party Accounts by either providing your login information or allowing us to access your account with the Third-Party Account, subject to the terms and conditions governing your use of each Third-Party Account. You guarantee that you are authorized to disclose your login information or grant us access to your account without violating any terms and conditions or making us subject to any usage limitations or fees. By giving us access to your Third-Party Accounts, you acknowledge that we may access and store the content that you have stored in your account, including friend lists, and that we may receive additional information from your Third-Party Account. Your personally identifiable information may be available on the Site, depending on the privacy settings in your Third-Party Accounts. We are not responsible for any Social Network Content and do not review it for accuracy, legality, or non-infringement. You consent to us accessing your email address book and contact list for identifying contacts who have also registered to use the Site. You can disconnect your account on the Site and your Third-Party Accounts at any time. We will attempt to delete any information obtained through your Third-Party Account, except the username and profile picture associated with your account. Please note that your relationship with Third-Party Service Providers is governed solely by your agreements with them.
SUBMISSIONS
By submitting any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions"), you acknowledge and agree that these Submissions are non-confidential and will become our property. We shall have exclusive rights, including all intellectual property rights, and may use and distribute these Submissions for any lawful purpose, without any acknowledgement or compensation to you, whether commercial or not. You waive all moral rights to any such Submissions and warrant that they are original or that you have the right to submit them. You also agree that you will not have any recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to Third-Party Websites and Third-Party Content which are not monitored or investigated by us for accuracy, appropriateness, or completeness. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. We do not imply approval or endorsement of any Third-Party Websites or Third-Party Content. You access Third-Party Websites and use Third-Party Content at your own risk and acknowledge that our Terms of Use no longer govern. You should review the terms and policies of any website you navigate to from the Site or relating to any applications you use or install from the Site. We take no responsibility whatsoever for any purchases you make through Third-Party Websites. You agree that we do not endorse any products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. You shall also hold us harmless from any losses sustained by you or harm caused to you resulting from any Third-Party Content or any contact with Third-Party Websites.
ADVERTISERS
The Site provides designated areas, such as banner and sidebar advertisements, for advertisers to showcase their advertisements and information. As an advertiser, you are fully responsible for any services or products advertised or sold on the Site. Additionally, you represent and warrant that you have all necessary rights and authority to place advertisements on the Site, including but not limited to intellectual property, publicity, and contractual rights. Our role is limited to providing space for the advertisements, and we have no other association with the advertisers.
U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.
SITE MANAGEMENT
We may monitor the Site to ensure compliance with these Terms of Use, and we reserve the right, but not the obligation, to take legal action against any user who violates the law or these Terms of Use, including reporting such user to law enforcement authorities. We may also, in our sole discretion, refuse, limit, or disable access to any of your Contributions or any portion thereof, and remove from the Site or disable all files and content that are excessive in size or burden our systems. Additionally, we may manage the Site to protect our rights and property and to ensure the proper functioning of the Site.
PRIVACY POLICY
We take data privacy and security seriously, and we have a Privacy Policy located at https://freepetpoetry.com/privacypolicy. By using the Site, you acknowledge and agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site is hosted in the United States, and if you access the Site from any other region of the world with different laws or requirements governing personal data collection, use, or disclosure, your continued use of the Site means that you consent to the transfer of your data to the United States and its processing in accordance with our Privacy Policy.
TERM AND TERMINATION
While you use the Site, these Terms of Use will remain in effect. We have the right, at our sole discretion and without any notice or liability, to deny access and use of the Site, including blocking certain IP addresses, to anyone who breaches any representation, warranty, or covenant contained in these Terms of Use or violates any applicable law or regulation, for any reason or no reason. We reserve the right to terminate your use or participation in the Site, delete your account, and any content or information you posted, at any time, without warning and at our sole discretion.
If we terminate or suspend your account for any reason, you cannot register or create a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. We also reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We have the right to modify, remove or change the content of the Site at our discretion and without prior notice. However, we are not obligated to update any information on the Site. We may also modify or discontinue all or part of the Site without notice. We will not be responsible to you or any third party for any suspension, modification, or discontinuance of the Site, or any changes or modifications made to it.
There may be times when the Site is unavailable due to hardware, software or other issues, or when maintenance is required, resulting in interruptions, delays, or errors. We reserve the right to change, update, suspend, discontinue or modify the Site at any time and for any reason without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by any interruption or discontinuance of the Site. Nothing in these Terms of Use will be interpreted to obligate us to maintain and support the Site or to provide any corrections, updates, or releases related to it.
GOVERNING LAW
The use of the Site and these Terms of Use are subject to the laws of the State of New Mexico. The laws applicable to agreements made and performed entirely within New Mexico, without consideration of conflict of law principles, shall govern.
DISPUTE RESOLUTION
Any legal action brought by either party, you or us, shall be initiated or prosecuted in the state and federal courts located in New Mexico. The parties involved hereby give their consent to and waive any defenses of lack of personal jurisdiction and forum non conveniens regarding venue and jurisdiction in such state and federal courts. These Terms of Use exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA). No claim, action, or proceeding brought by either party relating in any way to the Site shall be initiated more than one (1) year after the cause of action arose.
CORRECTIONS
There may be information on the Site that contains inaccuracies, typographical errors, or omissions, including descriptions, availability, pricing, and various other information. We reserve the right to correct any inaccuracies, errors, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
The Site is provided to you on an as-is and as-available basis, and your use of the Site and our services will be at your sole risk. We make no warranties or representations, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We disclaim all liability for any errors, inaccuracies, or omissions in the Site's content, as well as for any personal injury or property damage resulting from your access to and use of the Site. We assume no responsibility for any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein, or for any interruption or cessation of transmission to or from the Site. We are not responsible for any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site by any third party. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. You should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
We and our directors, employees, or agents will not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Our liability to you for any cause will be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. However, certain US state laws and international laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You are agreeing to protect us, including our subsidiaries, affiliates, and all officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, that may arise from:
- Your Contributions;
- Your use of the Site;
- Your violation of these Terms of Use;
- Your breach of any of your representations and warranties set forth in these Terms of Use;
- Your violation of the rights of a third party, including but not limited to intellectual property rights;
- Any harmful act toward any other user of the Site with whom you connected via the Site.
However, we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will retain specific information that you send to the Site to handle the operation of the Site and data associated with your use of the Site. While we do make regular backups of data, you are solely responsible for any data you transmit or that relates to any activity you undertake on the Site. You acknowledge that we will not be held liable to you for any loss or damage of such data and you hereby relinquish any right to pursue any legal action against us for any loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
When you visit the Site, send us emails, or complete online forms, you are engaging in electronic communications. By doing so, you consent to receive electronic communications from us. You agree that any agreements, notices, disclosures, and other communications we provide to you electronically, whether via email or on the Site, satisfy any legal requirement that such communication be in writing. In addition, you agree to the use of electronic signatures, contracts, orders, and other records, as well as to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. By agreeing to this, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
This agreement, which includes these Terms of Use and any policies or operating rules posted on the Site, represents the entire agreement between you and us. Our failure to enforce any right or provision of these Terms of Use does not waive our right to enforce such provision. These Terms of Use are governed by and interpreted in accordance with the fullest extent of the law. We may transfer our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act resulting from causes beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is considered separable and does not affect the validity and enforceability of any remaining provisions. The use of the Site and these Terms of Use do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be construed against us due to drafting them. You waive any defenses based on the electronic form of these Terms of Use and the lack of signing by the parties to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Marcos Noriega
PO BOX 35862
Albuquerque, NM 87176
United States
freepetpoetry@gmail.com
To request your custom poem, click the link below:
Request Poetry Here