Epetbeds and Anne Sheridan Designs, Inc.
Terms of Service Agreement
Welcome to Epetbeds's Plusroamer II e-mail. By registering for this
services, you agree to the following:
1. Terms of Service for all of Anne Sheridan Designs, Inc.'s services
1.1 You understand and agree that Anne Sheridan Designs, Inc.'s services are
provided to registered users ("you" or "User" or,
collectively, "Users") exclusively under Anne Sheridan Designs, Inc.
Terms of Service. By registering you are stating that you are an adult (18
years or older), that you have read and understand the Terms of Service, that
your agree to be bound by the Terms of Service in effect and as updated by Anne
Sheridan Designs, Inc. from time to time. Check this page to obtain the most
current version of the Terms of Service.
1.2 Anne Sheridan Designs, Inc. reserves the right to terminate any User's
account if Anne Sheridan Designs, Inc. learns that such User has provided Anne
Sheridan Designs, Inc. with false or misleading registration information or has
violated the Terms of Service.
1.3 Under Anne Sheridan Designs, Inc.'s privacy policy, Anne Sheridan Designs,
Inc. may disclose to third parties certain aggregate information contained in
Users' registration applications, but Anne Sheridan Designs, Inc. will not
disclose any individual User's name, address, email address or telephone number
without such User's prior written consent, except to the extent necessary or
appropriate to comply with applicable laws or in legal proceedings where such
information is relevant.
1.4 Anne Sheridan Designs, Inc. may modify or discontinue its services or any
User's account with or without notice to any User, without liability to any User
or any third party.
1.5 You understand and agree that Anne Sheridan Designs, Inc.'s services are
provided "as is".
1.6 You are responsible for maintaining the confidentiality of your account
number and/or password. You are responsible for all uses of your account,
whether or not authorized by you. You agree to immediately notify Anne Sheridan
Designs, Inc. of any unauthorized use of your account.
1.7 YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF ANNE SHERIDAN DESIGNS INC.'S
SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF ANNE SHERIDAN DESIGNS INC.'S SERVICES IS
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR DATA.
1.8 ANNE SHERIDAN DESIGNS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
1.9 ANNE SHERIDAN DESIGNS INC. MAKES NO WARRANTY OR REPRESENTATION REGARDING THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANNE SHERIDAN DESIGNS INC.'S
SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH ANNE SHERIDAN DESIGNS INC.'S SERVICES, REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH ANNE SHERIDAN DESIGNS INC.'S SERVICES, REGARDING
ANY TRANSACTIONS ENTERED INTO THROUGH ANNE SHERIDAN DESIGNS INC.'S SERVICES OR
THAT ANNE SHERIDAN DESIGNS INC.'S SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
1.10 ANNE SHERIDAN DESIGNS INC. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE
OF OR THE INABILITY TO USE ANNE SHERIDAN DESIGNS INC.'S SERVICES, RESULTING FROM
ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH ANNE SHERIDAN DESIGNS INC.'S SERVICES, RESULTING FROM LOSS
OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR FOR
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF
ANNE SHERIDAN DESIGNS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1.11 You agree to indemnify, defend and hold harmless Anne Sheridan Designs,
Inc., its affiliates, officers, directors, employees, consultants and agents
from any and all third party claims, liability, damages and/or costs (including,
but not limited to, attorneys fees) arising from your use of Anne Sheridan
Designs, Inc.'s services, your violation of the Terms of Service or your
infringement, or infringement by any other user of your account, of any
intellectual property or other right of any person or entity.
1.12 The Terms of Service will be governed by and construed in accordance with
the laws of the State of California, without giving effect to its conflict of
laws provisions or your actual state or country of residence.
1.13 The Terms of Service will inure to the benefit of Anne Sheridan Designs,
Inc.'s successors, assigns and licensees.
1.14 Any waiver of any provision of the Terms of Service will be effective only
if in writing and signed by Anne Sheridan Designs, Inc.
1.15 If for any reason a court of competent jurisdiction finds any provision or
portion of the Terms of Service to be unenforceable, the remainder of the Terms
of Service will continue in full force and effect.
1.16 The Terms of Service constitute the entire agreement between the parties
with respect to the subject matter hereof and supersedes and replaces all prior
or contemporaneous understandings or agreements, written or oral, regarding such
subject matter.
2. Additional Terms of Service for Epetbed's Plusroamer II Mail
2.1 Anne Sheridan Designs, Inc. does not, and cannot, monitor, censor or edit
the contents of Users' email messages. Users alone are responsible for the
contents of their messages and the consequences of any such messages.
2.2 You agree that you will not use Epetbed's Plusroamer II Mail for chain
letters, junk mail, "spamming", solicitations (commercial or
non-commercial) or any use of distribution lists to any person who has not given
specific permission to be included in such a process. You further agree not to
use Epetbed's Plusroamer II Mail to send any message or material that is
unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable in any manner or nature or that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation.
2.3 Anne Sheridan Designs, Inc. assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store email messages.
2.4 Anne Sheridan Designs, Inc. and/or third parties may, from time to time,
send email messages to Users containing advertisements, promotions, etc. Anne
Sheridan Designs, Inc. makes no representation or warranty with respect to the
content of any such email messages or any goods or services which may be
obtained in response to such email messages and User agrees that Anne Sheridan
Designs, Inc. shall not have any liability with respect thereto.
3. Additional Terms of Service for Community Group/Discussion Boards
3.1 Users alone are responsible for the contents of their community
group/discussion board postings and the consequences of any such bulletin board
postings.
3.2 You agree that you will not use community group/discussion boards for chain
letters, junk mail, "spamming", solicitations (commercial or
non-commercial) or any use of distribution lists to any person who has not given
specific permission to be included in such a process. You further agree not to
use discussion boards to post any message or material that is unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable in any manner or nature or that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national or international law or regulation.
3.3 Anne Sheridan Designs, Inc. assumes no responsibility for the timeliness,
mis-delivery, deletion or failure to store discussion board postings.
3.4 You agree to use community group/discussion boards only to send and receive
messages and material that are proper and related to the particular community
group/discussion board topic. By way of example, and not as a limitation, you
agree that when using a community group/discussion board, you will not do any of
the following:
3.4.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;
3.4.2 Publish, post, distribute or disseminate any defamatory, infringing,
obscene, indecent or unlawful material or information;
3.4.3 Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you own
or control the rights thereto or have received all necessary consents;
3.4.4 Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer;
3.4.5 Advertise or offer to sell any goods or services, or conduct or forward
surveys, contests, or chain letters; or
3.4.6 Download any file posted by another user of a community group/discussion
board that you know, or reasonably should know, cannot be legally distributed in
such manner.
3.5 You acknowledge that all bulletin board postings are public and not private
communications.
3.6 Anne Sherican Designs Inc. reserves the right for any reason to remove
without notice any bulletin board posting, but has no obligation to delete
content that you may find objectionable or offensive.
4. Additional Terms of Service for Personalized Services
4.1 You agree that Anne Sheridan Designs, Inc. will have no liability for loss
of personalization settings or for serving a personalized service to a User
other than the User who registered the personalized service.