Terms and Conditions

The following terms and conditions govern all use of the petplanner.ca web site and all content, services and products available at or through the web site, including, but not limited to, petplanner.ca The web site is owned and operated by Apex Publishing Limited ("Apex"). The web site is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Apex's Privacy Policy) and procedures that may be published from time to time on this site by Apex (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the web site or use any services. If these terms and conditions are considered an offer by Apex, acceptance is expressly limited to these terms:

1. Responsibility of Contributors. If you comment on a blog, post material to the web site, including Pet Profile, post links on the web site, or otherwise make (or allow any third party to make) material available by means of the web site (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Apex or otherwise.
   By submitting Content to Apex for inclusion on the web site, you grant Apex a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your pet profile. If you delete Content, Apex will use reasonable efforts to remove it from the web site, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Apex has the right (though not the obligation) to, in Apex's sole discretion (i) refuse or remove any content that, in Apex's reasonable opinion, violates any Apex policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the web site to any individual or entity for any reason, in Apex's sole discretion.
2. Responsibility of web site Visitors. Apex has not reviewed, and cannot review, all the material, including computer software, posted to the Web site, and cannot therefore be responsible for that material's content, use or effects. By operating the web site, Apex does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Apex disclaims any responsibility for any harm resulting from the use by visitors of the web site, or from any downloading by those visitors of content there posted.
3. Content Posted on Other web sites. We have not reviewed, and cannot review, all the material, including computer software, made available through the web sites and web pages to which petplanner.ca links, and that link to petplanner.ca Apex does not have any control over those non-petplanner.ca web sites and web pages, and is not responsible for their contents or their use. By linking to a non-petplanner.ca web site or web page, Apex does not represent or imply that it endorses such web site or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Apex disclaims any responsibility for any harm resulting from your use of non-dogsincanada.com web sites and web pages.
4. Copyright Infringement and DMCA Policy. As Apex asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by dogsincanada.com violates your copyright, you are encouraged to notify Apex in accordance with Apex's Digital Millennium Copyright Act ("DMCA") Policy. Apex will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Apex or others, Apex may, in its discretion, terminate or deny access to and use of the web site.
5. Intellectual Property. This Agreement does not transfer from Apex to you any Apex or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Apex. Apex, dogsincanada.com, the dogsincanada.com logo, and all other trademarks, service marks, graphics and logos used in connection with dogsincanada.com, or the web site are trademarks or registered trademarks of Apex or Apex's licensors. Other trademarks, service marks, graphics and logos used in connection with the web site may be the trademarks of other third parties. Your use of the web site grants you no right or license to reproduce or otherwise use any Apex or third-party trademarks.
6. Changes. Apex reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the web site following the posting of any changes to this Agreement constitutes acceptance of those changes. Apex may also, in the future, offer new services and/or features through the web site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. Apex may terminate your access to all or any part of the web site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your dogsincanada.com account (if you have one), you may simply discontinue using the web site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties. The web site is provided "as is." Apex and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Apex nor its suppliers and licensors, makes any warranty that the web site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the web site at your own discretion and risk.
9. Limitation of Liability. In no event will Apex, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Apex under this agreement during the twelve (12) month period prior to the cause of action. Apex shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your use of the web site will be in strict accordance with the Apex Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, city, or other governmental area, regarding on-line conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the web site will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification. You agree to indemnify and hold harmless Apex, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the web site, including but not limited to out of your violation of this Agreement.