PETSONCAM Terms of Use and Privacy Policy DCP

PetsOnCam Terms of use and Privacy Policy

Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY PUSHSTREAM LLC. D/B/A PETSONCAM.com (“PETSONCAM”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY PETSONCAM, INCLUDING, WITHOUT LIMITATION, THE PETSONCAM.COM WEBSITE AND DOMAIN NAME (“SITES”), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY PETSONCAM IN CONNECTION THEREWITH (COLLECTIVELY, THE “SERVICE”). BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES.

Acceptance of Terms
The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Sites by PetsOnCam. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by PetsOnCam from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are at least 13 years old, you are of legal age to agree to these terms and conditions or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. PetsOnCam may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use
PetsOnCam reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. PetsOnCam may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy
PetsOnCam’s current Sites privacy statement is located at the bottom of this page (the “Privacy Policy”) and is incorporated into these Terms of Use. By using the Service, you expressly agree to and accept the Privacy Policy. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact privacy[at]PetsOnCam.com.

Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content, or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by PetsOnCam or its partners on or through the Service.

  • By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
    infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
    constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail (including without limitation any postings to third party social media sites which are linked to the Site or the Service);
  • involves commercial activities and/or sales without PetsOnCam’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of PetsOnCam or any third party; or
  • impersonates any person or entity, including any employee or representative of PetsOnCam.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by PetsOnCam in its sole discretion) an unreasonable or disproportionately large load on PetsOnCam’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures PetsOnCam may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
PetsOnCam reserves the right to remove any Content from the Sites or Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if PetsOnCam is concerned that you may have violated the Terms of Use), or for no reason at all.

Registration
As a condition to using certain aspects of the Service, you will be required to register with PetsOnCam and select a password and screen name (“PetsOnCam User ID”). You shall provide PetsOnCam with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your PetsOnCam account. You shall not (i) select or use as a PetsOnCam User ID a name of another person with the intent to impersonate that person; (ii) use as a PetsOnCam User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a PetsOnCam User ID a name that is otherwise offensive, vulgar or obscene.
PetsOnCam reserves the right to refuse registration of, or cancel a PetsOnCam User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your PetsOnCam password. You shall never use another user’s account without such other user’s express permission. You will immediately notify PetsOnCam in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Fees and Payment
You will be charged immediately upon placing an order, in order to secure the special PetsOnCam price on your items. PetsOnCam will do its best to have orders delivered within the estimated delivery time. However, sometimes items may be delayed due to factors beyond PetsOnCam’s control. PetsOnCam shall not be liable for any such delay.
PetsOnCam reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to or use such features, you shall pay all applicable fees, as described on the Sites in connection with such features. PetsOnCam reserves the right to change its price list, product and service offerings, and to institute new charges at any time. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges or prices.

Third Party Sites
The Service may permit you to visit other websites or resources on the Internet via links made available on the Site, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under PetsOnCam’s control, and you acknowledge that PetsOnCam is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by PetsOnCam or any association with its operators. You further acknowledge and agree that PetsOnCam shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

PetsOnCam and Site Content
You agree that the Service contains Content specifically provided by PetsOnCam or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from PetsOnCam, or from the copyright holder identified in such Content’s copyright notice.

Purchases
All items purchased from PetsOnCam or its affiliated companies, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
PetsOnCam attempts to be as accurate as possible with all product descriptions. However, PetsOnCam does not warrant that product descriptions or other site content are accurate, complete, reliable, current, or free of errors. If a product offered by PetsOnCam is delivered to you in a defective condition, please send an email to support@PetsOnCam.com within 48 hours of receiving the shipment to request a RMA (Return Merchandise Authorization). We will either replace the defective product or issue a full refund upon its return.
We may display discounts on our Site in connection with each item. Discounts are calculated using pricing information provided to us by merchants (such as suggested retail prices from the manufacturer, supplier, or the merchant, or an estimated price based on standard industry practice). Because the pricing information we base our discounts upon may vary, discount information that we display may or may not be representative of the exact discount offered in every area, on a particular product, on any particular day.

User Submissions
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship or other information or content, to the Services (“User Submissions”). By posting User Submissions on or at any of the Sites or otherwise through the Service, you agree to the following:
By submitting the User Submissions to PetsOnCam, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, you hereby do and shall grant PetsOnCam a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display and perform in connection with the Sites, the Service, and PetsOnCam’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Sites and/or the Service a non-exclusive license to access your User Submissions through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to PetsOnCam does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
You represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by PetsOnCam (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and
You acknowledge and agree that: (i) without limiting the licenses granted by you to PetsOnCam with respect to your User Submissions, PetsOnCam shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated; (iii) PetsOnCam will not be liable for any errors or omissions in any content; and (iv) PetsOnCam cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
You hereby grant PetsOnCam a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback that you provide to PetsOnCam relating to the operation of the Service.
PetsOnCam does not endorse and has no control over any User Submission. PetsOnCam cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
PetsOnCam has no obligation to monitor the Site, Service, Content, or User Submissions. PetsOnCam may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will PetsOnCam be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service. PetsOnCam is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user.

Classified Ads

  • For our classified offering, we currently display the following information on our listing ad pages (if applicable):
  • Listing title
  • Listing number
  • When the listing began
  • Registered Member’s username
  • When Registered Member joined website
  • Registered Member’s listing location as it relates to the listing (city, state, zip code, country)
  • Registered Member’s phone number as it relates to the listing
  • Price of listing item or service
  • Website link related to listing
  • Types of payment Registered Member accepts
  • umber 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 description, country and state 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.

Communications sent between users, members, buyers, sellers and other individuals using our email or communication services may be reviewed by us. We review communications sent through our system for fraudulent or malicious intent.

1. Place ads only in the most relevant categories. If you can’t find a category that describes your ad, please place it in one of the “Miscellaneous” type categories. Ads that are miscategorized will be removed without notice and the member’s account may be suspended or removed without notice. Furthermore, each item or service may only be listed in one category. If you are placing an ad and are unsure what category to place it in, please contact us for assistance.

2. Do not send unsolicited email or messages to us or any members of our website.

3. Do not spam our website. We define spamming as posting the same or similar ad over and over in attempt to gain attention for just one product or service. Spamming doesn’t work and if anything, it works against you. It turns a potential customer off and makes our website look bad. Ads easily lose credibility when they are posted in excess. If we deem ads to be spam, we’ll either not approve them or delete them without notice. If you are a frequent spammer, your account will be blocked or removed without notice.

4. Do not place ads that are harmful, offensive or inappropriate.

5. Do not place ads with superfluous use of keywords or phrases. Keywords that do not add substantive value to the description of the classified ad, or those that are repeated multiple times, are considered superfluous. This includes referencing brand names which have no relation to the classified ad.

6. Do not place fraudulent ads. Fraudulent ads are meant to deceive and are not tolerated. If you come across a fraudulent ad, please contact us and we will remove it.

7. We invite you to place as many ads as you would like, within reason, but they must meet the guidelines we have set forth on this page. The number of ads you place must not compromise the integrity of our website or the system upon which it operates.

We monitor our website. Ads that, in our sole judgment, appear to violate these guidelines may be removed without notice. We reserve the right to remove any posting and limit or terminate access to anyone for any reason at any time. If you place an ad and find later that it has vanished, you can safely assume that you violated one of the above guidelines.

Termination
PetsOnCam may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer
You acknowledge that PETSONCAM has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release PETSONCAM from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. PETSONCAM makes no representations concerning any content contained in or accessed through the Sites, and PETSONCAM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PETSONCAM, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE INTEGRITY OR SECURITY OF ANY USER SUBMISSION OR OTHER DATA PROVIDED TO THE SERVICE; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): PETSONCAM MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES.

PetsOnCam will use commercially reasonable efforts to protect your personally identifiable information as more specifically described in the PetsOnCam Privacy Policy, however, PetsOnCam cannot completely prevent the unauthorized access to its systems and shall not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on PetsOnCam’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.

Indemnification
You shall defend, indemnify, and hold harmless PetsOnCam, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your misuse of, or unauthorized access to, the Sites, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. PetsOnCam reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with PetsOnCam in asserting any available defenses.

General Content Disclaimer
PetsOnCam makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content, and you should not rely on the Content for any purpose. By using the Service, you agree that PetsOnCam shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.
Limitation of Liability
IN NO EVENT SHALL PETSONCAM, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF A) AMOUNTS PAID OR PAYABLE BY YOU IN CONNECTION WITH THE SERVICE; OR B) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

International/Non-Oregon Use
PetsOnCam makes no representation that the Content is appropriate or available for use in locations outside of Oregon, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and PetsOnCam agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Use shall be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Multnomah County, Oregon, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability
The Terms of Use are the entire agreement between you and PetsOnCam with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and PetsOnCam with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous
PetsOnCam shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PetsOnCam’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with PetsOnCam’s prior written consent. PetsOnCam may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices
Unless otherwise indicated, the Terms of Use and all Content provided by PetsOnCam are copyright © 2015 Pushstream LLC OR All Right Reserved.
“PetsOnCam” is a trademark of Pushstream LLC. The names of any actual companies and products mentioned at the Sites may be the trademarks of their respective owners.

Digital Millennium Copyright Act Notice
As PetsOnCam asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that any material located on or linked to by or through the Service violates your copyright, you may notify PetsOnCam in accordance with the following policy. The address of PetsOnCam’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is PetsOnCam’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the Site or Service infringes a copyright, please send a written notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of the owner of the copyright that has been allegedly infringed, or a person authorized to act on such person’s behalf;
Identification of the copyrighted works or materials allegedly being infringed;
Identification of the Content that is claimed to be infringing including information regarding the exact location of the Content that the copyright owner seeks to have removed, with sufficient detail so that PetsOnCam is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the use of the allegedly infringing Content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is the copyright holder is authorized to make the complaint on behalf of the copyright owner.
Once Proper bona Fide Infringement Notification is Received by the Designated Agent:

It is PetsOnCam’s policy:

  • to remove or disable access to the infringing Content;
  • to notify the Content provider, member or user that it has removed or disabled access to the Content;
  • and that repeat offenders will have the infringing Content removed from the system and that PetsOnCam will terminate such content provider’s, member’s or user’s access to the service.

Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the Content provider, member or user;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which PetsOnCam is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, PetsOnCam’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at PetsOnCam’s discretion.
Please contact PetsOnCam’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Address to Receive Notification of Claimed Infringement:

DCP Copyright Claims
13500 SW Pacific Highway
Suite 58-547
Portland, Oregon 97223
971-231-5607
dmca[at]PetsOnCam.com

You may contact PetsOnCam at the following address:
DCP Legal Department
PetsOnCam
13500 SW Pacific Highway
Suite 58-547
Portland, Oregon 97223

Privacy Policy

PushStream LLC (“PetsOnCam”) operates PetsOnCam.com and may operate other websites. It is DogCatsPlus’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors
Like most website operators, PetsOnCam collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. DogCatsPlus’s purpose in collecting non-personally identifying information is to better understand how DogCatsPlus’s visitors use its website. From time to time, PetsOnCam may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
PetsOnCam also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on PetsOnCam.com blogs/sites. PetsOnCam only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

Gathering of Personally-Identifying Information
Certain visitors to DogCatsPlus’s websites choose to interact with PetsOnCam in ways that require PetsOnCam to gather personally-identifying information. The amount and type of information that PetsOnCam gathers depends on the nature of the interaction. For example, we ask visitors who sign up at PetsOnCam.com to provide a username and email address. Those who engage in transactions with PetsOnCam are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, PetsOnCam collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with PetsOnCam. PetsOnCam does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics
PetsOnCam may collect statistics about the behavior of visitors to its websites. PetsOnCam may display this information publicly or provide it to others. However, PetsOnCam does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information
PetsOnCam discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on DogCatsPlus’s behalf or to provide services available at DogCatsPlus’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using DogCatsPlus’s websites, you consent to the transfer of such information to them. PetsOnCam will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, PetsOnCam discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when PetsOnCam believes in good faith that disclosure is reasonably necessary to protect the property or rights of PetsOnCam, third parties or the public at large. If you are a registered user of an PetsOnCam website and have supplied your email address, PetsOnCam may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with PetsOnCam and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. PetsOnCam takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. PetsOnCam uses cookies to help PetsOnCam identify and track visitors, their usage of PetsOnCam website, and their website access preferences. PetsOnCam visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using DogCatsPlus’s websites, with the drawback that certain features of DogCatsPlus’s websites may not function properly without the aid of cookies.

Business Transfers
If PetsOnCam, or substantially all of its assets, were acquired, or in the unlikely event that PetsOnCam goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of PetsOnCam may continue to use your personal information as set forth in this policy.

Ads
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by PetsOnCam and does not cover the use of cookies by any advertisers.

Privacy Policy Changes
Although most changes are likely to be minor, PetsOnCam may change its Privacy Policy from time to time, and in DogCatsPlus’s sole discretion. PetsOnCam encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a PetsOnCam.com account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Effective Date: September 20, 2015