Effective Date: December 30, 2016
Revised Date: October 3rd, 2018
By using the www.pedigreeonline.com, handicapping.pedigreeonline.com, pedigreequery.com, and/or the allbreedpedigree.com websites and/or completing the registration or subscription renewal process, you will also be providing your electronic signature that will affirm that you agree to the terms and conditions of this service agreement, just as if you had signed the service agreement. If you do not wish to be bound by this service agreement, please exit the registration or subscription renewal process or discontinue use of the above website and service immediately. If you are simply visiting the above website but are not registering for service at this time, this service agreement serves as our website terms and conditions. In continuing to use or access the pedigreeonline.com website, you agree to follow these terms and conditions as they may apply to you.
AGREEMENT BETWEEN YOU AND SELECT WEB VENTURES, LLC
The www.pedigreeonline.com, handicapping.pedigreeonline.com, pedigreequery.com, and allbreedpedigree.com websites (each individually the "WEBSITE") is a service of Select Web Ventures, LLC (hereinafter referred to as "PEDIGREE ONLINE” or “we" or “us”). This WEBSITE is offered to you (hereinafter referred to as "you” or “your") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, which may be updated from time to time. The most current version is available for your review at any time on the WEBSITE. Your use of the WEBSITE constitutes your agreement to all such terms, conditions, and notices.
The WEBSITE is only for access and use by individuals at least 13 years old. If you are not at least 13 years old, you are prohibited from both access and use of the WEBSITE. If you are at least 13 years old but under 18 years old and want to use or access the WEBSITE, you must first obtain your parent's or legal guardian's permission to do so. You may only setup an account with us if you are 18 years of age or older.
When setting up an account, you shall provide accurate, complete, and updated information as to your real name and valid email address and contact information. In each case, failure to do so shall constitute a breach of this agreement. PEDIGREE ONLINE reserves the right to cancel accounts at any time for any reason, including your failure to provide accurate and complete information.
You acknowledge that your right to use the WEBSITE and any other product or service offered by PEDIGREE ONLINE is unique or specific to you and is not transferable by assignment, sublicense, or any other method to any other person or entity. Any attempt to transfer your right to use the WEBSITE is void and shall constitute a breach of this Agreement. You shall take any and all actions necessary to maintain the privacy of your password. In the event you have reason to believe that a third party has access to your account, you shall promptly change your account password on the WEBSITE and, if any such problem persists, notify PEDIGREE ONLINE by emailing to [email protected].
PEDIGREE ONLINE IS NOT AN OFFICIAL REGISTRY
PEDIGREE ONLINE is not an official registry for any breed of animal. Obtaining a pedigree or additional information from the WEBSITE, or adding a pedigree to the WEBSITE, does not imply that the animal is "registered". Please contact one of the official registry for the breed of your animal to obtain papers, official pedigrees, ownership information, or other information that might pertain to you and/or the animal.
USE OF THE WEBSITE
Animals and additional information pertaining thereto can be added to the WEBSITE by anyone. We do not monitor or track who adds animals to the WEBSITE, and any information that we may collect about such users will not be shared unless so instructed by a court order. Animals can also be deleted from the WEBSITE by anyone. Therefore, if you believe that incorrect information has been posted on the WEBSITE, please delete the animal or correct the information. Animals that have more than three offspring cannot be deleted from the WEBSITE due to the widespread effects to the database of such a deletion, but information about any animal can always be corrected or modified. In the event a particular animal's pedigree is "locked", please contact us at [email protected] to request it be unlocked. We strive to make the WEBSITE useful and beneficial to all users, so if you have additional concerns or questions about information on the WEBSITE, please contact us at [email protected].
For copyright concerns related to photos posted on the WEBSITE, please see the procedures listed in the COPYRIGHT AND LIMITATIONS ON USE section below. For additional questions, you can contact us at [email protected].
The WEBSITE may contain personal web pages or profiles, forums, pages for animals, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, "User Contributions") on or through the WEBSITE.
Any User Contribution you post to the WEBSITE will be considered non-confidential and non-proprietary. By providing any User Contribution on the WEBSITE, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, transferrable, sub-licensable, royalty-free license to sublicense, use, reproduce, copy, modify, create derivative works of, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
- Neither the User Contributions nor your submission, uploading, publishing, or otherwise making available of such User Contributions, nor PEDIGREE ONLINE’S use of the User Contributions as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PEDIGREE ONLINE, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the WEBSITE.
PERSONAL AND NON-COMMERCIAL USE LIMITATIONS
The WEBSITE is for your personal and non-commercial use only. You may not distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the WEBSITE, except with the written permission of PEDIGREE ONLINE.
In accessing or using the WEBSITE, you shall not:
- harm other persons, in particular minors, or infringe their personal rights;
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- willfully edit any contents with false or misleading information, or maliciously edit or delete contents;
- transmit, store or upload hyperlinks or contents to which you are not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and you shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
USING PEDIGREES AND OTHER INFORMATION
Animal pedigrees, lineage and other information is provided by users of the WEBSITE and although most users who provide information do so with the understanding that it is correct, other users might provide information that is incorrect or with malicious intent. PEDIGREE ONLINE DOES NOT PERFORM ERROR CHECKING ON INFORMATION POSTED ON THE WEBSITE, NOR DOES IT CONFIRM OR GUARANTEE THE CORRECTNESS OR ACCURACY OF THE INFORMATION ON THE WEBSITE. Neither PEDIGREE ONLINE nor anyone affiliated with PEDIGREE ONLINE is responsible for any decisions, actions, loss of profits, or other damages made or incurred as a result of information posted on the WEBSITE. While we hope the WEBSITE provides useful information to you, PEDIGREE ONLINE makes no guarantee of accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk.
USE OF ACCESS DEVICES
With the exception of applications commonly known as Web Browser software, you agree not to use any software, program, application or any other device to access or log on to PEDIGREE ONLINE's computer systems or any of the WEBSITES to automate the process of obtaining, downloading, transferring or transmitting any content from PEDIGREE ONLINE's computer systems or WEBSITES.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER PEDIGREE ONLINE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
B. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
D. IN NO EVENT WILL PEDIGREE ONLINE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ANY OF THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR WAGERING LOSSES) ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED BY PEDIGREE ONLINE, OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.
E. PEDIGREE ONLINE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY LINEAGE INFORMATION, RACE RECORDS, OPINION, ADVICE, STATEMENT OR ANY OTHER INFORMATION DISPLAYED ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL PEDIGREE ONLINE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE. IT IS THE RESPONSIBILITY OF YOU TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE.
F. YOU AGREE THAT THE LIABILITY OF PEDIGREE ONLINE, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE WEBSITE OR THE INFORMATION IN THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO PEDIGREE ONLINE, FOR USE OF THE WEBSITE, IN THE LAST 12 MONTHS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold PEDIGREE ONLINE, its owners, its employees, its officers, and its agents harmless 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 or relating to your use of the WEBSITE or information obtained from the WEBSITE, your User Contributions, or from your violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and your use of the WEBSITE.
LINKS OR PUBLISHING TO THIRD-PARTY SITES
COPYRIGHT AND LIMITATIONS ON USE
Information received through the WEBSITE may be displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the WEBSITE to anyone, including but not limited to others in the same company or organization, without the express prior written consent of PEDIGREE ONLINE.
Certain names, logos, and/or phrases on the WEBSITE may constitute trademarks and/or copyrights of PEDIGREE ONLINE or others. The mark "Pedigree Online" is the sole property of Select Web Ventures, LLC. The PEDIGREE ONLINE pink and blue box/arrow design and logo are servicemarks of Select Web Ventures, LLC, and may not be used without the express written permission of Select Web Ventures, LLC.
Reproduction in whole or in part of these marks is strictly prohibited without explicit written permission from the owners of the marks.
You will not use the WEBSITE to violate the copyright, trademark, right of publicity or other intellectual property rights of any person or other entity. By submitting material or content to be posted on the WEBSITE, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner and that you have obtained all necessary releases associated with the public display and commercial user of the materials. If you believe that any copyrighted material owned by you has been infringed upon by someone using the WEBSITE, you may request removal of these materials from the WEBSITE by submitting written notification to our Copyright Agent. Our Copyright Agent may be contacted at Eric Lovell, Esq., 12707 High Bluff Drive, Suite 200 San Diego, CA 92130; Phone: 858.451.4978; Web: www.usipattorneys.com; Email: [email protected]
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Name and signature of the owner that has the exclusive right to the material that is allegedly being infringed;
- The name and description of the work(s) that is allegedly being infringed;
- The identification of the material that is allegedly infringing your copyright, patent, or trademark in the Website in a sufficiently precise manner to allow us to locate the material;
- Your contact information, such as address, email address, or phone number, so we may contact you;
- A statement from the owner or its agent stating that the owner has a good faith belief that the allegedly infringing material was never given authorization to be used; and
- A declaration, preferably with a letterhead, that states the information provided to our copyright officer is 100% accurate, and that under the penalty of perjury, you have the authority to take action against those who have allegedly infringed.
If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the WEBSITE is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
The PEDIGREE ONLINE pink and blue box/arrow design and logo are servicemarks of Select Web Ventures, LLC, and may not be used without the express written permission of Select Web Ventures, LLC.
MODIFICATION OF SERVICE
PEDIGREE ONLINE shall have the right at any time to impose, change, or modify the subscription service applicable to your use of the WEBSITE, or any part thereof, including, but not limited to, pricing, subscription duration, and tracks covered. Pricing and subscription duration changes, modifications, additions, or deletions shall become effective at the end of your current subscription period.
MODIFICATION OF THESE TERMS AND CONDITIONS
PEDIGREE ONLINE shall have the right at any time to impose, change, or modify these terms and conditions applicable to your use of the WEBSITE, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access or use, or to impose new terms of service. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the WEBSITE a revised version of this Agreement. If any such change is unacceptable to you, you may terminate your user account as provided in the section below. Any use of the WEBSITE by you after such notice (other than to terminate your subscription as described below) shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. You agree to review the terms and conditions periodically to be aware of such revisions.
Your subscription will automatically renew at the end of the subscription period if this option is selected during the registration process. Renewal will be at the then current rate for the duration of service selected. If you have not selected the auto-renew feature, manual renewal will be required for continued service. If service is not renewed, your subscription will terminate.
Either PEDIGREE ONLINE or you may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of PEDIGREE ONLINE in operating the WEBSITE, (ii) content available through the WEBSITE or any change therein, or (iii) amount or type of fees or billing methods, or any change thereof, is to terminate this Agreement and your account by using the cancellation link provided on your account "dashboard" page, sending a written notice to PEDIGREE ONLINE, or by sending an email to [email protected]. Your notice of termination will be effective upon receipt by PEDIGREE ONLINE. PEDIGREE ONLINE has no obligation to provide you with notice of termination. Fees paid for any subscription term are paid in advance and are subject to the Cancellation and Refund Policy posted on the WEBSITE. The terms of the sections of this Agreement entitled Copyright and Limitations on Use, Disclaimers of Warranties and Limitations of Liability, and Indemnification, and any others that shall logically survive termination, shall remain in effect after this Agreement has been terminated by PEDIGREE ONLINE or by you.
Each User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the WEBSITE, and User shall be responsible for all charges related thereto.
This Agreement and any operating rules for the WEBSITE established by PEDIGREE ONLINE constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any part of this Service Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
All feedback, comments, requests for technical support and other communications relating to the WEBSITE should be directed to [email protected].