Petzbe, operated by Petzbe Inc., located at 584 Broadway #502, NY 10012
(&;Petzbe, we,&; or &;our;), recognizes the importance of your personal
our practices regarding information collection and usage for the website located at
Petzbe.com (the “Website”) and the mobile application called “Petzbe” (the
“App”) (collectively, the “Websites”) and the service provided thereon (the “Service”).
By using or accessing the Websites and the Service, you signify your agreement to be bound by
OTHERWISE USE OUR SERVICE OR PARTICIPATE IN OUR SERVICES.
• The information we collect and why we collect it;
• How we use that information;
• How we share information; and
• The choices we offer.
Personally Identifiable Information That We Collect:
We may ask you for, or you may voluntarily submit, personally identifiable information when
you are using the Service. The personally identifiable information which you may provide to
us could include, but is not limited to:
Your contact information (including, without limitation, address and email address);
Your date of birth;
Your payment information; and
Other personal information.
Non-Personal Or Aggregate Information That We Collect:
When you access our Service, we may automatically collect non-personally identifiable
information from you, such as IP host address, web pages viewed, browser type, operating
system, referring service, search information, device type, page views, usage and browsing
habits on the Service and similar data. We may also aggregate demographic information
collected from our users (such as the number of users in a particular geographical location) in
a manner which does not identify any one individual. We may also aggregate information
collected offline in connection with the Service, obtain non-personally identifiable information
from third party sources and develop aggregate information by anonymizing previously
collected personally identifiable information.
It is possible at times when collecting non-personally identifiable information through automatic
means that we may unintentionally collect or receive personally identifiable information that is
mixed in with the non-personally identifiable information. While we will make reasonable
efforts to prevent such incidental data collection, the possibility still exists. If you believe that
we have inadvertently collected your personal information, please notify us at
We will only use your personally identifiable information as described below, unless you have
specifically consented to another type of use, either at the time the personally identifiable
information is collected from you or through some other form of consent from you or
notification to you:
We may share your personally identifiable information collected in connection with
providing the Service.
We may use your personally identifiable information to respond to your inquires or
We may use your personally identifiable information to send you emails from time to
time about our services, but we will not provide your personally identifiable information
to third parties for them to contact you directly unless otherwise permitted by this
We may share your personally identifiable information with third parties (collectively,
the “Third Party Vendors”) to further the purpose for which you provided such
information to us. For example, we may share your information with our payment
processor for the purpose of processing your payments, or with MailChimp, for the
purpose of sending emails. We urge you to read the privacy practices of all of our Third
Party Vendors before submitting any personally identifiable information through the
We may disclose personally identifiable information as required by law or legal process.
We may disclose personally identifiable information to investigate suspected fraud,
harassment or other violations of any law, rule or regulation, or the terms or policies for
our services or our sponsors.
We may transfer your personally identifiable information in connection with the sale or
merger or change of control of Petzbe or the division responsible for the services
with which your personally identifiable information is associated.
We may share your personally identifiable information with an affiliate of Petzbe
who is in the same corporate family as us as long as their privacy practices are
substantially similar to ours.
Non- personally identifiable or aggregate information may be used by us for any purposes
permitted by law and may be shared with any number of parties, provided that such
information shall not specifically identify you.
Automatically Collected Information:
When you access the Service or open one of our HTML emails, we may automatically record
certain information from your system by using cookies and other types of tracking technologies.
This "automatically collected" information may include Internet Protocol address ("IP Address"),
a unique user ID, device type, device identifiers, browser types and language, referring and exit
pages, platform type, version of software installed, system type, the content and pages that you
access on the Service, the number of clicks, the amount of time spent on pages, the dates and
times that you visit the Service, and other similar information. Depending on the law of your
country of residence, your IP address may legally be considered personally identifiable
The security of your personally identifiable information is very important to us. When we collect
your personally identifiable information online, we use reasonable efforts to protect it from
unauthorized access. However, due to the inherent open nature of the Internet, we cannot
guarantee that your personally identifiable information will be completely free from
unauthorized access by third parties such as hackers and your use of our Service demonstrates
your assumption of this risk. We have put in place reasonable physical, electronic, and
managerial procedures to safeguard the information we collect. Only those employees who
need access to your information in order to perform their duties are authorized to have access
to your personally identifiable information. For more information on protecting your privacy,
please visit www.ftc.gov/privacy.
Your Disclosures In Blogs And Other Social Media:
You should be aware that personally identifiable information which you voluntarily include and
transmit online on the Service or in a publicly accessible blog, chat room, social media platform
or otherwise online, or that you share in an open forum such as an in-person panel or survey,
may be viewed and used by others without any restrictions. We are unable to control such uses
of your personally identifiable information, and by using the Service or any other online services
you assume the risk that the personally identifiable information provided by you may be viewed
and used by third parties for any number of purposes.
If you login to the Websites and/or Service through your Facebook account, connect to a third
party service such as Facebook or Twitter through an icon or link on the Service or otherwise link
your Petzbe account with a third party service, we may share the contents of your post
and associated information (such as your user name, the fact that your connection originated
from the Service, and other relevant usage and diagnostic information) with such third party.
With your one-time consent, we may also send information about the content you watch and
your activities on the Service to such third parties. Once such information is shared, the use of
Protection for Children:
We generally do not collect personally identifiable information from children under the age of
13. If at any time in the future we plan to collect personally identifiable information from
children under 13, such collection and use, to the extent applicable, shall, when required, be
done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate
consent from the child’s parent or guardian will be sought where required by COPPA. When we
become aware that personally identifiable information from a child under 13 has been collected
without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete
such information from our database.
As a convenience to you, we may provide links to third-party Services from within our Service.
We are not responsible for the privacy practices or content of these third-party sites. When you
link away from our Service, you do so at your own risk.
We reserve the right, at our discretion, to change, modify, add, or remove portions from this
such information with more third parties, we will post such changes here and provide you the
opportunity to opt-out of such differing uses. Your continued use of the Service and our
All unsubscribe or opt-out requests may be made by clicking the unsubscribe link at the bottom
of our emails. We will process your request within a reasonable time after receipt. However, we
are not responsible for, and in some cases we are incapable of, removing your personally
identifiable information from the lists of any third party who has previously been provided your
third parties directly. If you would like to update or correct any personally identifiable
information that you have provided to us, please email us at hello@Petzbe.com and once
we confirm your information, we will update such information within a reasonable amount of
Communications with Petzbe:
By providing your email address, phone number, and/or social media information (collectively
the “Channels”) to us, you expressly consent to receive communications from us. We may use
the Channels to communicate with you, to send information that you have requested or to send
information about other products or services developed or provided by us or our business
partners, provided that, we will not give your contact information to another party to promote
their products or services directly to you without your consent or as set forth in this Privacy
By providing your phone number to us, you expressly consent to receive phone calls and/or text
messages from us. We will not give your phone number to another party to promote their
Any phone calls and/or text messages delivered to your phone or device may cause you to incur
extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA
RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of
phone and/or text communications from Petzbe.
By downloading the Websites, you consent to receiving push notifications. You may change your
preferences in your device’s settings.
Any communication or material you transmit to us by email or otherwise, including any data,
questions, comments, suggestions, or the like is, and will be treated as, non-confidential and
transmit or post may be used by us for any purpose, including but not limited to, reproduction,
disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree
that we are free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to us, as well as any data developed using the content of such
communication, without compensation and for any purpose whatsoever, including but not
limited to, developing, manufacturing and marketing products and services using such
No Rights of Third Parties:
disclosure of any personal information relating to users of the Service.
the Service constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE
Our servers are maintained in the United States. By using the Service, you freely and specifically
give us your consent to export your personally identifiable information to the United States and
data stored in the United States may be subject to lawful requests by the courts or law
enforcement authorities in the United States.
regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the
courts located in New York County, New York, in all disputes arising out of or relating to the
For questions or concerns relating to privacy, we can be contacted at hello@Petzbe.com.
Welcome to Petzbe, operated by Petzbe Inc., located at 33 W 19th Street New
York, NY 10011 ("Petzbe," "we," or "our").
By using the website located at Petzbe.com (the “Website”) and the mobile application
called “Petzbe” (the “App”) (collectively, the “Websites”), you agree to be bound by
and/or become a member (a “Member”), and/or make use of the service thereon (the
“Service”), please read this Agreement. If you object to anything in this Agreement or the
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS
LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW
DISPUTES WILL BE RESOLVED.
at any time, effective upon posting on the Websites. By accessing and/or using the Service or
notices contained or referenced herein. Your continued use of the Service following
2. Access and Retention. In order to access and retain this electronic Agreement, you must have
access to the World Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In addition, you must use all
equipment necessary to make such connection to the World Wide Web, including a computer
and modem or other access device. Please print a copy of this document for your records. To
retain an electronic copy of this Agreement, you may save it into any word processing program.
3. License for Mobile Application
exclusive, non-transferable license to download and install a copy of the App. You may
download the App on a single device (whether mobile or otherwise) to which you have exclusive
control. We reserve all rights in and to the App which are not expressly granted to you under
You acknowledge and agree that new or updated versions of the App may include new or
security or fixes to previous security-related problems, the failure to install the new version of
the App may expose you to security risks, including without limitation a breach of your personal
4. Eligibility. You must be at least thirteen (13) years of age. By using the Service, you represent
and warrant that you have the right, authority and capacity to enter into this Agreement and to
abide by all of the terms and conditions of this Agreement.
The Service is also not available to any users who have been previously removed or suspended
from the Service.
By using the Service, you represent and warrant that you have the right, authority and capacity
5. Account Security. You are responsible for maintaining the confidentiality of the username
and password that you designate during the registration process, and you are fully responsible
for all activities that occur under your username and password. You agree to (a) immediately
notify Petzbe of any unauthorized use of your username or password or any other breach
of security, and (b) ensure that you exit from your account at the end of each session.
Petzbe will not be liable for any loss or damage arising from your failure to comply with
this provision. You should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or other personal
information. If you share your computer with others, you may wish to consider disabling your
auto-sign in feature if you have it linked to your Petzbe account.
6. Commercial Use of Service. If you are using and/or accessing the Service on behalf of a
company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant
a. You are an authorized representative of the Subscribing Entity, and that you have the
Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting email
addresses of Members by electronic or other means for the purpose of sending unsolicited
email, unauthorized framing of or linking to the Websites attempting to impersonate another
user or person, use of the Service in any fraudulent or misleading manner, any automated use of
the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers,
harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue
burden on the Service or the networks or services connected to the Service, and using the
Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or
unauthorized use of the Service may be investigated, and appropriate legal action may be taken,
including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the
permission of Petzbe, which may be revoked at any time, for any reason, in
Petzbe’s sole discretion.
7. Your Use of the Service
a. You must not copy or capture, or attempt to copy or capture, any content from the Websites
or Service, unless given express permission by Petzbe.
b. You must not copy, republish, adapt, make available or otherwise communicate to the public,
display, perform, transfer, share, distribute or otherwise use or exploit any content on or from
the Websites and/or Service.
c. You must not use any content in any way that is designed to create a separate service or that
replicates any part of the offering of the Service.
d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or
otherwise make use of any content.
e. You must not employ any techniques or make use of any services, automated or otherwise,
designed to misrepresent your activity on the Service, including without limitation by the use of
bots, botnets, scripts, apps, plugins, extensions or other automated means to send messages,
post comments, or otherwise to act on your behalf, particularly where such activity occurs in a
multiple or repetitive fashion. You must not offer or promote the availability of any such
techniques or services to any other users of the Service.
f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or
other proprietary or legal notices contained in, or appearing on, the Websites or any Content
appearing on the Websites.
g. You must not, and must not permit any third party to, copy or adapt the object code of the
Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any
source or object code of any part of the Websites, or circumvent or attempt to circumvent or
copy any copy protection mechanism or access any rights management information pertaining
to content on the Websites.
h. You must not use the Websites to upload, post, store, transmit, display, copy, distribute,
promote, make available or otherwise communicate to the public:
i. any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually
explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or
illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is
otherwise objectionable in Petzbe’s sole and reasonable discretion;
ii. any information, content or other material that violates, plagiarizes, misappropriates or
infringes the rights of third parties including, without limitation, copyright, trademark
rights, rights of privacy or publicity, confidential information or any other right; or
iii. any content that violates, breaches or is contrary to any law, rule, regulation, court
order or is otherwise is illegal or unlawful in Petzbe’s sole and reasonable
iv. any material of any kind that contains any virus, Trojan horse, spyware, adware,
malware, bot, time bomb, worm, or other harmful or malicious component, which will
or might overburden, impair or disrupt the Service or servers or networks forming part
of, or connected to, the Service, or which does or might restrict or inhibit any other
user's use and enjoyment of the Service; or
v. any unsolicited or unauthorized advertising, promotional messages, spam or any other
form of solicitation.
i. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that
would constitute a criminal offense, give rise to civil liability or otherwise violate any law or
j. You must not rent, sell or lease access to the Service, or any content on the Websites.
k. You must not deliberately impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity.
l. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any
Petzbe employee. If Petzbe determines that any user has threatened, stalked,
harassed, or verbally abused any Petzbe employee or another Petzbe Member,
Petzbe reserves the right to immediately terminate that user’s use of the Service and
suspend access to the Service.
m. You must not sell or transfer, or offer to sell or transfer, access to the Websites without the
prior written approval of Petzbe.
n. You must not collect or attempt to collect personal data, or any other kind of information
about other users, including without limitation, through spidering or any form of scraping.
o. You must not violate, circumvent or attempt to violate or circumvent any data security
measures employed by Petzbe; access or attempt to access data or materials which are
not intended for your use; log into, or attempt to log into, a server which you are not authorized
to access; attempt to scan or test the vulnerability of Petzbe’s servers, system or network
or attempt to breach Petzbe data security or authentication procedures; attempt to
interfere with the Websites or the Services by any means including, without limitation, hacking
Petzbe’s servers or systems, submitting a virus, overloading, mail-bombing or crashing.
Petzbe reserves the right to investigate any situation that appears to involve any of the
above, and may report such matters to, and cooperate with, appropriate law enforcement
authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions, and acknowledge and agree that Petzbe
has the right, in its sole discretion, to terminate your access to the Websites or take such other
action as we see fit if you breach any of the above conditions or any of the other terms of these
8. Representations and Warranties
You hereby represent and warrant to Petzbe as follows:
a. Your Content, and each and every part thereof, is an original work by you, or you have
obtained all rights, licenses, consents and permissions necessary in order to use, and (if and
where relevant) to authorize Petzbe to use, Your Content pursuant to these Terms of
Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute,
share, publicly display, publicly perform, make available and otherwise communicate to the
public Your Content, and each and every part thereof, on, through or via the Websites, any and
all Services and any third party services.
b. Your Content and the availability thereof on the Platform does not and will not infringe or
violate the rights of any third party, including, without limitation, any intellectual property
rights, performers' rights, rights of privacy or publicity, or rights in confidential information.
c. You have obtained any and all necessary consents, permissions and/or releases from any and
all persons appearing in Your Content in order to include their name, voice, performance or
likeness in Your Content and to publish the same on the Websites and via any third party
d. Your Content, including any comments that you may post on the Websites, is not and will not
be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically
or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite
hatred on grounds of race, gender, religion or sexual orientation.
e. Your Content does not and will not create any liability on the part of Petzbe, its
subsidiaries, affiliates, successors, and assigns, and their respective employees, agents,
directors, officers and/or shareholders.
Petzbe reserves the right to remove Your Content, suspend or terminate your access to
the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches
any of the foregoing representations or warranties, or otherwise infringes another person's
rights or violates any law, rule or regulation.
9. Petzbe is a Marketplace; Petzbe is Not a Charity; Limitation of Liability
Petzbe acts as a marketplace to connect users to one another (each, a “User” and
collectively, the “Users”). It is up to you whether you want to connect with a certain User, and
you alone bear the risk of any communication, meeting, or other connection with a User. You
acknowledge and agree that Petzbe is not a party to any communication, meeting or
agreement between you and another User, and that we are not liable to you for any loss
incurred as the result of a User’s acts or omissions, including without limitation fraud, failure to
communicate, conversion, physical injury, mental distress, breach of contract, negligence, and
intellectual property violations.
You acknowledge and agree that Petzbe does not necessarily have control over the
quality, safety, morality or legality of any User or any service(s) they offer you, the truth or
accuracy of any User statements, or the ability of Users to fulfill their obligations under an
agreement with you. Petzbe cannot ensure that a User will actually complete a
transaction or follow through on their promises.
Petzbe cannot guarantee the true identity, age, and nationality of a User. Petzbe
encourages you to communicate directly with Users through the tools available on the
10. You Bear Risk of Upload. Petzbe uses reasonable security measures in order to
attempt to protect any content or information that you upload, including without limitation any
information, photographs or other images, or intellectual property (collectively, “Your
Content”). However, Petzbe cannot guarantee that there will be no unauthorized copying
or distribution of Your Content nor will Petzbe be liable for any copying or usage of Your
Content not authorized by Petzbe. You hereby release and forever waive any claims you
may have against Petzbe for any such unauthorized copying or usage of Your Content,
under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY
Petzbe HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR
ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE
SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER
CIRCUMVENTION OF SUCH SECURITY MEASURES.
11. Charges on Your Billing Account.
a. General. If you elect to make a purchase on the Service, you agree that such payment shall be
made on the Websites. Petzbe bills you through an online account (your "Billing
Account") for such charges. You agree to pay all charges at the prices then in effect for any use
of the Service by you or other persons (including your agents) using your Billing Account, and
you authorize Petzbe to charge your chosen payment provider (your "Payment Method")
for the Service. You agree to make payment using that selected Payment Method. Petzbe
reserves the right to correct any errors or mistakes that it makes even if it has already requested
or received payment.
b. Payment Method. The terms of your payment will be based on your Payment Method and
may be determined by agreements between you and the financial institution, credit card issuer
or other provider of your chosen payment method.
12. Modifications to Service. Petzbe reserves the right at any time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Petzbe shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
13. Blocking of IP Addresses. In order to protect the integrity of the Services, Petzbe reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.
Petzbe may terminate your use of the Websites for any reason by sending notice to you
at the email address you provide when signing up for the Service, or such other email address as
you may later provide to Petzbe. All decisions regarding the termination of use of the
Websites shall be made in the sole discretion of Petzbe. Petzbe is not required to
provide you notice prior to terminating your use of the Websites. Petzbe is not required,
and may be prohibited, from disclosing a reason for the termination of your access to the
deemed to survive such termination.
15. Third Party Content. Petzbe may provide third party content on the Websites and/or
Service and may provide links to webpages and content of third parties (collectively, the “Third-
Party Content”) as a service to those interested in this information. Petzbe does not
control, endorse or adopt any Third-Party Content and makes no representation or warranties
of any kind regarding the Third-Party Content, including without limitation regarding its accuracy
or completeness. Please be aware that Petzbe does not create Third-Party Content, nor
does Petzbe update or monitor it. Petzbe is therefore not responsible for any
Third-Party Content on the Service. Members use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a
convenience to Petzbe users (collectively, the “Reference Sites”). Petzbe does not
endorse any Reference Sites or the information, materials, products, or services contained on or
accessible through Reference Sites. In addition, your correspondence or business dealings with,
or participation in promotions of, advertisers found on or through the Service are solely
between you and the relevant advertiser. Access and use of Reference Sites, including the
information, materials, products, and services on or available through Reference Sites is solely at
your own risk.
16. Intellectual Property. Petzbe, the Petzbe logos and any other product or
service name or slogan contained in the Service are trademarks of Petzbe or our
suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the
prior written permission of Petzbe or the applicable trademark holder. Any authorized
use of these trademarks must be in accordance with any guidelines that Petzbe may
provide you from time to time.
Petzbe retains all proprietary rights in the Websites and the Service, except where
otherwise noted. The Websites contain the copyrighted material, trademarks, and other
proprietary information of Petzbe, and its licensors. Except where we have given you
express written permission, you may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information. All content on Petzbe is proprietary.
Except where otherwise specified in this Agreement, all Content is copyrighted material of
Petzbe and for Petzbe Members’ use only. Distribution of Content to others is
strictly prohibited. You agree that Petzbe would be irreparably harmed by any violation
or threatened violation of this section and that, therefore, Petzbe shall be entitled to an
injunction prohibiting you from any violation or threatened violation of this section, without
posting bond, in addition to any other right or remedy it may have.
We may provide links to third party websites, and some of the content appearing on
Petzbe may be supplied by third parties. Petzbe has no responsibility for these
and/or privacy policies, if any, of the applicable third party content providers.
You may not use any metatags or any other hidden text utilizing " Petzbe " or any other
name, trademark or product or service name of Petzbe without our prior written
permission. In addition, the look and feel of the Petzbe Service, including all page
headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade
dress of Petzbe and may not be copied, imitated or used, in whole or in part, without our
prior written permission. All other trademarks, registered trademarks, product names and
company names or logos mentioned in the Service are the property of their respective owners.
Reference to any products, services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by us or any other affiliation.
The Service is owned and operated by Petzbe. Unless otherwise indicated, all content
and other materials on the Service, including, without limitation, Petzbe’s logos, the
visual interfaces, graphics, design, compilation, information, software, computer code (including
source code or object code), services, text, pictures, information, data, sound files, other files
and the selection and arrangement thereof (collectively, the “Materials”) are protected by
United States copyright, trade dress, patent, and trademark laws, international conventions, and
all other relevant intellectual property and proprietary rights, and applicable laws (including in
your country of residence).
17. Ownership of Your Content; Licenses.
Petzbe does not claim ownership of Your Content. However, with respect to Your
Content, you grant Petzbe a worldwide, royalty-free and non-exclusive license(s) to use,
distribute, reproduce, and publicly display such Content on the Service.
This license exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Petzbe removes Your Content from
18. Copyright Policy. Petzbe prohibits the submission or posting of any information that
infringes or violates the copyright rights and/or other intellectual property rights (including
rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright
infringement, you hereby agree that notifications of claimed copyright infringement be sent by
certified mail to:
584 Broadway #502
New York, NY 10012
When contacting us, please make sure that you include the following information:
a. a statement that you have identified Content on Petzbe that infringes your copyright
or the copyright of a third party on whose behalf you are entitled to act;
b. a description of the copyright work(s) that you claim have been infringed;
c. a description of the Content that you claim is infringing and the Petzbe URL(s) where
such Content can be located;
d. your full name, address and telephone number, a valid email address on which you can be
contacted, and your Petzbe user name if you have one;
e. a statement by you that you have a good faith belief that the disputed use of the material is
not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the information in your notice is accurate and that you are authorized
to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United
States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:
g. with respect to your statement that you are authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed, confirmation that such statement is made under
penalty of perjury; and
h. your electronic or physical signature (which may be a scanned copy).
Petzbe will process any notice of alleged infringement which it receives and will take
appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C.
512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting
such a statement falsely. Under appropriate circumstances, persons who repeatedly submit
infringing or unlawful material will be prohibited from posting further submissions.
The foregoing process applies to copyright only. If you discover any Content that you believe to
be in violation of your trademark rights, please report this to us by mail or email at
Petzbe Inc., 33 W 19th Street New York, NY 10011 or hello@Petzbe.com. In all
other cases, if you discover Content that infringes any or violates any of your other rights, which
you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause
widespread offence, or which constitutes impersonation, harassment, spam or otherwise
York, NY 10011 or hello@Petzbe.com.
19. Liability for Content
You hereby acknowledge and agree that Petzbe cannot and does not review the Content
created or uploaded by its users, and neither Petzbe nor its subsidiaries, affiliates,
successors, assigns, employees, agents, directors, officers and shareholders has any obligation,
and does not undertake or assume any duty, to monitor the Websites for Content that is
inappropriate, that does or might infringe any third party rights, or has otherwise been
Petzbe and its subsidiaries, affiliates, successors, assigns, employees, agents, directors,
officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all
liability which may arise from any Content uploaded to the Websites by users, including, but not
limited to, any claims for infringement of intellectual property rights, rights of privacy or
publicity rights, any claims relating to publication of defamatory, pornographic, obscene or
offensive material, or any claims relating to the completeness, accuracy, currency or reliability of
any information provided by users of the Websites. By using the Websites, you irrevocably
waive the right to assert any claim with respect to any of the foregoing against Petzbe or
any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or
20. Repeat Infringer Policy. In accordance with the DMCA and other applicable laws around the
world, Petzbe has adopted a policy that it will promptly terminate without notice any
user's access to the Service if that user is determined by Petzbe to be a "repeat
infringer." A repeat infringer includes, without limitation a user who has been notified by
Petzbe of infringing activity violations more than twice and/or who has had any user-
submitted content removed from the Service more than twice. Petzbe may also at our
sole discretion limit access to the Service and/or terminate the access of any users who infringe
any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, Petzbe accommodates and does not interfere with standard technical
measures used by intellectual property rights owners to protect their materials.
Please note that we do not offer refunds to Members whose access is terminated as a result of
21. Terms for the iOS App
App and its contents.
You must not use the iOS App except on an Apple-branded product that is running iOS. Any use
you obtained it (including, without limitation, the Usage Rules set forth in the Apple App Store
Terms of Service). You acknowledge and agree that Apple does not have any obligation to
furnish you with maintenance and/or support services with respect to the App.
You further acknowledge and agree that Apple is not responsible for addressing or resolving any
claims by you or a third party relating to your use and/or possession of the App, including, but
not limited to, warranty or liability claims, claims that the App fails to conform to a legal or
regulatory requirement, consumer protection or similar claims, or claims that the App infringes
the intellectual property rights of a third party (including, without limitation, trademark,
copyright, and/or patent rights).
Any claims, losses, liabilities, damages costs or expenses relating to a failure to conform to any
limit our liability.
Apple is the sole third party beneficiary and there are no other third-party beneficiaries of the
22. Limitation of Liability. In no event shall Petzbe be liable for any damages whatsoever,
whether direct, indirect, general, special, compensatory, consequential, and/or incidental,
arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the
Websites or Service or in any written or oral communications from Petzbe or its
employees or agents shall be construed to make any promise, covenant, warranty, or guaranty,
all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers
contained in this paragraph.
The content and functionality on the Websites and Service, along with the services provided by
employees of the Websites and Service, are offered "as is" without warranty of any kind, either
express or implied, including, without limitation, implied warranties of merchantability, fitness
for a particular purpose, title and non-infringement. Petzbe makes no warranties, express
or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content
or that the functionality of the Websites or Service will be uninterrupted or error-free or free
from virus or third party attack. You hereby acknowledge that your use of the Websites and the
Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL Petzbe, ITS OFFICERS,
OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE
LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE
OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED
THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED
FROM THE WEBSITES OR SERVICE, EVEN IF Petzbe HAS BEEN NOTIFIED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL
Petzbe HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT
OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT
LIMITED TO: LOST PROFITS; LOST DATA; LOSS OF GOODWILL; INFRINGEMENT OF COPYRIGHT,
TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT; WORK STOPPAGE; EQUIPMENT
FAILURE OR MALFUNCTION; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES
OR LOSSES, EVEN IF Petzbe HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND
REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY
OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the
greatest extent permitted by law, you agree that the entire aggregate liability of Petzbe
and sole remedy available to any Member in any case in any way arising out of or relating to the
Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate
may not exceed the greater of $500.00 or the sum of any amount paid by the Member to
Petzbe during the six months prior to notice to Petzbe of the dispute for which
the remedy is sought.
23. Indemnity by You. You agree to indemnify and hold Petzbe, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, arising out of or related to:
b. any third party claim of infringement of copyright or other intellectual property rights or
invasion of privacy arising from the hosting of Your Content on the Websites, and/or your
making available thereof to other users of the Websites, and/or the actual use of Your Content
the parameters set by you with respect to the distribution and sharing of Your Content;
c. any activity related to your use of the Websites, be it by you or by any other person accessing
your device with or without your consent unless such activity was caused by the act or default of
24. Attorney Fees. In the event that Petzbe is successful in whole or in part in any action
Petzbe’s attorneys' fees and costs.
25. Parental or Guardian Permission. Some of the Content on the Websites may not be
appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE
WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.
INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED
SERVICES OR GIVE Petzbe THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY
located at [PRIVACY URL].
27. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the
Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any
such dispute shall be governed by the laws of the State of New York, without regard to its
conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and
venue of the state and federal courts of the State of New York, for the resolution of any such
dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to
be sued in such courts and to accept service of process outside the State of New York with the
same force and effect as if such service had been made within the State of New York. You
hereby agree to accept service of process for any action hereunder by certified mail return
receipt requested which service shall have the same force and effect as though service had been
effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful,
void, or unenforceable, that part will be deemed severable and will not affect the validity and
enforceability of the remaining provisions.
28. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of
using the Websites and/or Service, you agree that any and all disputes, claims and causes of
action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall
be resolved individually, without resort to any form of class action, exclusively by binding
arbitration for full and final settlement of such Claim, and judgment on the award rendered in
the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the
arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and
confirmed by the courts of the State of New York, County of New York, or the United States
District Court for the Southern District of New York. The parties agree that any post-arbitration
action seeking to enforce an arbitration award or action seeking equitable or injunctive relief
shall be brought exclusively in the courts of the State of New York, County of New York, or the
United States District Court for the Southern District of New York.
29. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this
30. Availability Outside the U.S. If you access Petzbe from outside of the United States,
you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If you access the Websites or Service from outside of the United States, you acknowledge that
any personal information you provide will be processed in the United States and other
geographies as selected by us in our sole discretion, and you hereby consent to the collection
and processing of your personal information in a manner consistent with this Agreement and
31. Entire Agreement.
and Petzbe regarding the use of the Websites and/or the Service.
having competent jurisdiction, the invalidity of such provision shall not affect the validity of the
shall not be deemed as a waiver of such term or otherwise affect Petzbe’s ability to
enforce such term at any point in the future.
Please contact us with any questions regarding this agreement. Petzbe is a trademark of
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.