Terms and Conditions
The Best Friends web site is an on-line community of people who care about the animals. We encourage everyone to work together to help innocent creatures in need and support your fellow animal lovers. In keeping with the spirit of cooperation of the No More Homeless Pets movement, we ask that you follow a few guidelines when posting to this site.
- Please do not use profanity in your messages.
- Please do not post personal attacks, or excessive and explicit criticism of fellow bloggers or other humane or rescue organizations or individuals.
- You must be over 13 to post comments and/or content.
- Please avoid excessive negativity, and incitement and/or approval of violent or illegal activities.
- Please do not post unlawful or objectionable content, including unlawful, harassing, defamatory, abusive, threatening, harmful, graphic, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material. We do not allow advertising.
- Please avoid spamming or off-topic material.
- If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against your accounts. We will remove content and messages which do not follow the above guidelines.
INTELLECTUAL PROPERTY; USE OF WEB SITE CONTENT
The design of this web site and all materials published on it by Best Friends, including text, names, trademarks, service marks, logos, graphics, photographs, video, or other visuals or content are the property of Best Friends and are protected by copyright, trademark, and other intellectual property laws. Best Friends authorizes you to view and download the content portion of this web site only for your personal, non-commercial use and only if you keep on any copies all copyright and other proprietary notices contained on the original materials. You agree you will not otherwise reproduce, retransmit or distribute, in any manner or to any extent whatsoever, any part of this web site, its design or content published by Best Friends, without the prior written permission of Best Friends. Permission will only be granted if you agree to give credit to the author and to Best Friends. Note: Resources available on the Best Friends on our sites Best Friends.org and news are available for use and reproduction without prior contact as long as credit is appropriately given as stated above. If you would like permission to reproduce any other Best Friends materials on this web site, please contact us at firstname.lastname@example.org. Please specify the URL and article or feature you would like permission to reproduce. Reproduced text may not be modified or altered in any way without our express written consent. The content permitted to be copied as specified above does not include the layout or design of this web site. Those elements of this site are protected by trade dress and other laws and may not be imitated or reproduced in whole or in part. Also, no logos, graphics, sounds or images on this web site may be reproduced or distributed without Best Friends' express written consent.
POSTINGS OR UPLOADS TO MEMBER PROFILES, GROUP PAGES, FORUMS OR BLOGS
By posting content, including but not limited to text and photographs, to any Group Pages, Member Profiles, forum or blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to post or upload the content, or that your use of the content is a protected fair use under copyright law. You agree you will not knowingly provide content with intent to defraud or submit misleading or false information. You represent and warrant also the content you supply does not violate these Terms and you will indemnify and hold Best Friends harmless for any and all claims resulting from content you supply. By uploading or posting to a Group page, Member Profile, forum or blog, you are granting Best Friends a non-exclusive, royalty-free, assignable, perpetual, irrevocable, and worldwide license to reproduce, use and distribute your content. Best Friends will make an effort to credit your authorship. You understand and agree all content posted to Group pages, Member Profile, forums and blogs is the sole responsibility of the individual who originally posted the content. Best Friends does not necessarily approve of and is not responsible for and disclaims any and all liability that may arise from content posted by you or other individuals or groups on the Group pages, Member Profiles, forums or blogs. If you believe any content posted by others is infringing or otherwise objectionable, please notify us at email@example.com. You agree that Best Friends has the right in its sole discretion to edit, alter, or remove any content submitted by you or others to the site.
DISCLAIMERS YOUR ACCESS TO AND USE OF THIS WEB SITE, ITS FORUMS AND BLOGS ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES RELATED TO THIS SITE, THE FORUMS AND BLOGS. BEST FRIENDS DOES NOT WARRANT (A) THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THIS NEWS WEB SITE, THE FORUMS OR BLOGS; (B) THAT THIS NEWS WEB SITE, FORUMS OR BLOGS WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY TIME ON A CONTINUOUS, UNINTERRUPTED BASIS; (C) THAT ANY DEFECTS IN THE WEBSITE OR ITS CONTENT CAN OR WILL BE CORRECTED; OR (D) THAT THIS WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR MATERIALS. THIS WEB SITE, FORUMS AND BLOGS AND THEIR CONTENTS ARE PROVIDED "AS IS." BEST FRIENDS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE CONTENT. BEST FRIENDS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, PROPERTY OR PERSON, OR ANY OTHER INCONVENIENCE OR LOSS, RESULTING IN ANY WAY FROM YOUR USE OF THIS NEWS WEB SITE, FORUMS OR BLOGS.
Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. This Disclaimer applies to all content and services available through this site.
DISCLAIMER AND RELEASE OF LIABILITY UNDER NO CIRCUMSTANCES SHALL BEST FRIENDS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF BEST FRIENDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE NEVER TO BRING A CLAIM AGAINST AND RELEASE BEST FRIENDS AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AGENTS, FOUNDERS AND ITS SUCCESSORS AND ASSIGNS FROM ALL LIABILITY ARISING FROM ACCESS, UPLOADS, POSTINGS, EMAILS, DOWNLOADS OR OTHER USE OF THE WEB SITE (INCLUDING BUT NOT LIMITED TO GROUP PAGES, MEMBER PROFILES, FORUMS AND BLOGS) AND LINKED SITES. YOU UNDERSTAND THAT THIS AGREEMENT DISCHARGES BEST FRIENDS AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AGENTS, FOUNDERS AND ITS SUCCESSORS AND ASSIGNS FROM ANY LIABILITY TO YOU WITH RESPECT TO BODILY INJURY, PERSONAL INJURY, INJURY TO REPUTATION, DEFAMATION, ILLNESS, DEATH, PROPERTY DAMAGE OR OTHER LOSS THAT MAY RESULT AS A RESULT OF ACCESS, UPLOADS, POSTINGS, EMAILS, DOWNLOADS OR OTHER ACTIVITIES OR USE RELATED TO THE WEB SITE, ITS GROUP PAGES, MEMBER PROFILES, FORUMS AND BLOGS AND THEIR CONTENT AND LINKED SITES.
You agree to defend, indemnify, and hold Best Friends and its employees, agents, officers, directors, agents, founders, successors and assigns harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys' fees) in connection with or arising from your access, uploads, postings, emails, downloads or other use or misuse of this web site, the Group Pages, Member profiles, forums and blog, and linked web sites. Best Friends may participate in the defense of any claim or action and any negotiations for settlement at your expense. Best Friends reserves the right, upon notice to you, to assume exclusive defense and control of any claim or action against it that is subject to indemnification by you, without relieving you of your indemnification obligations.
LINKS TO THIRD PARTY SITES
This web site may contain hyperlinks to web sites operated by persons or entities other than Best Friends. If you decide to access or use any such third party web sites, you do this entirely at your own risk. The linked sites are not under the control of Best Friends and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Best Friends of the site.
CHOICE OF LAW AND FORUM
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the State of Utah, excluding choice of law provisions. You expressly agree the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this site shall be in the state or federal courts located in the State of Utah, and you further agree and submit to the exercise of personal jurisdiction of those courts for the purpose of litigating any such claim or action. Best Friends controls this web site from its offices in the United States of America. Best Friends makes no representation that information and materials on this web site ("Materials") are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any rights not expressly granted herein are reserved by Best Friends.