End User Online Services Terms & Conditions

BY USING THE WEBSITE OF IN CIRCLE PETS.COM, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT USE IN CIRCLE PETS.COM'S WEBSITE.

Registration and Posting

To post on the IN CIRCLE PETS.COM website, or to obtain access to certain IN CIRCLE PETS.COM services, you must become a registered user of the site. In our registration process, you will be required to provide your name, e-mail address, age & zip code. You also will be asked to select a member name and a password. You agree that the information you supply during the IN CIRCLE PETS.COM registration process, and maintain after registration, will be accurate and complete and that you will not supply the e-mail address of, register under the name of, or attempt to access the site under the name of, another person. We will delete any member account that we believe has been created using false or fraudulent information, and will delete any content posted on the site using such an account.

We reserve the right to reject or terminate the use of any member name that we deem offensive or inappropriate. You are responsible for maintaining the confidentiality of your IN CIRCLE PETS.COM password and account, and are responsible for all activities that occur under your password and account. If you discover or suspect any unauthorized use of your password or account, or any other breach of security, you agree to immediately notify our Customer Service Manager. We may terminate any member account that is inactive for an extended period of time.

We are concerned about the safety and privacy of children and, therefore, we do not permit children under the age of 13 to register to use the Service. By using this site, you affirm that you are either more than 18 years of age, or an emancipated minor or posses legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties forth in these Terms of Service.

We assume no responsibility or liability for the deletion, corruption, or loss of any content submitted by an IN CIRCLE PETS.COM member, or for IN CIRCLE PETS.COM’s failure to receive or store submitted content for any reason, including, without limitation, malfunctioning of any network, hardware or software.

You will be solely responsible for any and all content of whatever nature that you post on, transmit via or link to from the IN CIRCLE PETS.COM site.

We have the right (but not the obligation), in our sole discretion, to screen content submitted by our members and to edit, move, delete, and/or refuse to accept any content that in our judgment violates this Community Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

Conduct and Responsibilities

If you see something on the site that you believe is inaccurate, or about which you hold a different opinion, please flag the comment for further review. If you see something on the site that you believe violates this Community Agreement, interferes with the ability of others to enjoy the site, or is otherwise objectionable, please notify us on our Contact page. Your interactions with companies, organizations and/or individuals found on or through our site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between members of this site, or between a member and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other members, you release IN CIRCLE PETS.COM, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our site. By using our site, you agree that you will not make available any material that:

• harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• submit materials of any third party without its written consent, or submit materials that falsely express or imply that those materials were sponsored or endorsed by InCirclePets.com;
• is false, deceptive, misleading, deceitful or misinformative;
• infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party;
• that impersonates any person/entity, including, but not limited to an In Circle Pets.Com employee or falsely states or otherwise misrepresents your affiliation with a person or entity.
• is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, misleading or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy IN CIRCLE PETS.COM;
• constitutes or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of IN CIRCLE PETS.COM or any computer software or hardware or telecommunications equipment;
• interferes with or disrupts the IN CIRCLE PETS.COM service or servers or networks connected to IN CIRCLE PETS.COM or disobeys any requirements, procedures, policies or regulations of networks connected to the IN CIRCLE PETS.COM;
• intentionally or unintentionally violates any applicable local, state, national or international law;
• submit any third party materials without such third party’s consent;
• contact anyone who has not asked to be contacted;
• engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other members of the community;
• post irrelevant content;
• collect personal data about, or the e-mail addresses of, other IN CIRCLE PETS.COM members for commercial or unlawful purposes or for purposes of sending unsolicited commercial e-mail;
• repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• take or cause to be taken any action that disrupts the normal flow of postings and dialogue on IN CIRCLE PETS.COM (such as submitting an excessive number of messages – i.e., a flooding attack), or that otherwise negatively affects other members' ability to use the IN CIRCLE PETS.COM site and/or services;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from IN CIRCLE PETS.COM. Exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our Community Agreement.

External Links

In Circle Pets.com may contain links to other websites that are separate and independent. Please visit them as your own risk. We are not responsible for and can’t guarantee the performance or quality of any products, services, content or other materials made available on or offered through the linked sites. Where possible, In Circle Pets.com will use reasonable efforts to give Members fair notice of termination or suspension of their access to this site. Termination of Services
At any time you may terminate our services by using the form at Contact Us. We may also terminate membership at any time for any reason. Also we may at our sole discretion and at any time discontinue temporarily or permanently providing the Service with or without notice.

1. License
1.1 License Grant

IN CIRCLE PETS.COM is the author and/or authorized sublicensor of certain materials owned and created by IN CIRCLE PETS.COM or IN CIRCLE PETS.COM's licensors. IN CIRCLE PETS.COM grants you a non-transferable, non-exclusive license to use the information, images and other content contained on this web site (the "Materials"), solely for your own personal use, only with one central processing unit at any one time. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Materials. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of other persons or entities. IN CIRCLE PETS.COM and/or IN CIRCLE PETS.COM's licensors retains all ownership rights in the Materials. The Materials are copyrighted and may not be copied, even if modified or merged with other Materials. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials. You agree not to remove any proprietary rights notices of IN CIRCLE PETS.COM and/or its licensors from the Materials.

1.2 Reservation of Rights

IN CIRCLE PETS.COM reserves any rights not expressly granted herein.

1.3 Restrictions

The Materials do not include the design or layout of the web pages generated by this server. Elements of these web pages are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the web pages generated by this server may be copied or retransmitted unless expressly permitted by IN CIRCLE PETS.COM. You agree not to remove or modify any copyright or intellectual property notices that appear on the website. You will not use any of the services provided for resale. You agree not to use the services in a way that breaches any code of conduct, policy, or other notice on the website.

1.4 Claims of Copyright Infringement

If anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement please notify IN CIRCLE PETS.COM's copyright agent in accordance with the Digital Millennium Copyright Act or DMCA, by providing the following Notice:
(a) Identify the copyrighted work that you claim has been infringed;
(b) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
(c) Contact information i.e. your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
(d) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.


We will remove the infringing information, subject to the procedures outlined in the DMCA.
Notices of copyright infringement claims should be sent as follows:


By e-mail: copyright@INCIRCLEPETS.COM

If you give notice of copyright infringement by text e-mail, IN CIRCLE PETS.COM's copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement as an attachment to your e-mail before we are required to take any action.

2. Ownership
2.1 IN CIRCLE PETS.COM Material

The Materials are copyrighted and may not be copied, reproduced, modified, published, uploaded, posted, or distributed in any way, without IN CIRCLE PETS.COM's prior written consent. Except as expressly provided herein, IN CIRCLE PETS.COM does not grant any express or implied right to you under any copyrights, trademarks, patents or trade secret information. You agree to use the website for personal use and not for commercial purposes. You agree not to reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the website.

2.1 Third Party Material

The Materials published by IN CIRCLE PETS.COM on this server may contain other proprietary notices or describe products, services, processes or technologies owned by IN CIRCLE PETS.COM or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of IN CIRCLE PETS.COM or any third party, except for the right of use license expressly set forth above in these terms and conditions.

2.2 Materials You Provide

The materials you provide to IN CIRCLE PETS.COM, you grant IN CIRCLE PETS.COM permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate your Submission, in connection with the Services or in any other media, and (2) sublicense these rights, to the maximum extent permitted by applicable law. IN CIRCLE PETS.COM will not pay you for your Submission and may remove your Submission at any time. For each Submission, you represent that you have all rights necessary to grant IN CIRCLE PETS.COM the rights in this paragraph.


IN CIRCLE PETS.COM does not claim ownership of content that you create and submit or make available on the service. However, if you post text or comments on IN CIRCLE PETS.COM, you grant IN CIRCLE PETS.COM a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, publicly perform, distribute, display, and create derivative works based on such content throughout the world in any media, and to incorporate such content into other works in any format or medium now known or later developed, for any purpose. If you post photos, graphics, audio or video on IN CIRCLE PETS.COM, you grant IN CIRCLE PETS.COM the license to use, adapt, publicly perform and publicly display such content on IN CIRCLE PETS.COM. By posting content to IN CIRCLE PETS.COM, you represent and agree that (i) you are the owner of the content, or otherwise have the right to post such content to this site, (ii) the content is accurate, (iii) the content will not violate the rights of or cause injury to any person or entity, (iv) you will indemnify IN CIRCLE PETS.COM for any claims resulting from content that you submit to the site and (v) your materials on or through the In Circle Pets.com service does not violate the privacy rights, publicity rights copyrights, contract rights or any other rights. You agree to pay all royalties, fees, and any other monies owing any person by reason of any material posted by you through our site.

2.3 Advertisements

IN CIRCLE PETS.COM does not assume the responsibility of enforcing licensing requirements, or of checking for licenses, with respect to licensed professions or trades, prior to publishing advertisements.

2.4 Trademarks

Products and services referenced herein are protected by either trademarks or registered trademarks of IN CIRCLE PETS.COM. Other product and company names mentioned herein may be protected by the trademarks of their respective owners.

3. Links to Third Party Sites

The links in this area will let you leave IN CIRCLE PETS.COM's site. The linked sites are not under the control of IN CIRCLE PETS.COM and IN CIRCLE PETS.COM is not responsible for the contents of any linked site or any link contained in a linked site. IN CIRCLE PETS.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or any responsibility for such products, services, or websites.

4. No Warranty

IN CIRCLE PETS.COM AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THE MATERIALS AND THE INTERNET GENERALLY. THE MATERIALS ARE COMPLEX AND MAY CONTAIN NON-COMFORMITIES, DEFECTS OR ERRORS. IN CIRCLE PETS.COM AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

5. Errors and Corrections

THE MATERIALS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. IN CIRCLE PETS.COM AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AT ANY TIME.

6. Limitation on Liability (Exclusive Remedy)

IN NO EVENT WILL IN CIRCLE PETS.COM OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST IN CIRCLE PETS.COM OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. You agree to defend, indemnify and hold harmless InCirclePets.com and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to InCirclePets.com; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of InCirclePets.com.

7. Local Law

This server is operated from a location in the State of California, United States of America. IN CIRCLE PETS.COM makes no representation that the Materials are appropriate for use in other locations. If you access this server from other locations, you are responsible for compliance with local laws.

8. Changes: Discontinuance

IN CIRCLE PETS.COM reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. IN CIRCLE PETS.COM may suspend or discontinue the Services at any time to you and/or to others, without notice.

9. General

IN CIRCLE PETS.COM reserves the right to discontinue or modify any of the information contained on this server at any time. IN CIRCLE PETS.COM shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without IN CIRCLE PETS.COM's prior written consent. This Agreement shall be governed by the laws of California, exclusive of conflicts of laws principles. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. The user agrees to comply with all applicable laws in using this service or the information contained herein. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. Any such waiver shall not preclude a party from exercising any other right or later exercising the same right. Any notice under this Agreement shall be delivered via email to the following address: feedback@INCIRCLEPETS.COM

10. Feedback

We welcome your questions or comments regarding this document. Please email us as feedback@InCirclePets.com.

Thank you!