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Terms of Service

Effective Date: [Go Live Date]
Last Updated: [Dummy Date]

Welcome to PetMuse Studio!

1. Introductions

1.1  These terms and conditions and any policies or documents to which a hyperlink is provided in them (collectively, the “Terms of Service”) govern your access to, and use of, and apply to, all PETMUSE STUDIO websites, including www.petmusestudio.com and any other PETMUSE STUDIO  websites (collectively, the “Sites”), all PETMUSE STUDIO mobile applications (the "Apps", and collectively with the Sites, the "Platforms") that are owned by and/or operated by or on behalf of PETMUSE STUDIO comprising      PetMuse Studio, Inc. as well as its affiliates and subsidiaries (collectively, “PETMUSE STUDIO ”, “we”, “our” or “us”), and all services provided by PETMUSE STUDIO via the Platforms, including, without limitation, [sale of pet products, delivery of pet products samples, and gift services] (collectively, the “Services”). 

1.2  Before becoming a user of the Platforms, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your Personal Data as described in the Privacy Policy linked hereto. PETMUSE STUDIO Platforms and/or Services are available only to, and may only be used by, individuals who have reached the age of 18 or equivalent minimum age depending on jurisdiction (the “Legal Age”) and can form legally binding contracts under the applicable law. We reserve the right to revoke your ability to access the Services offered on the Platforms for any reason at any time, including, but not limited to, as a result of a violation of these Terms of service, without due notice.

1.3  PETMUSE STUDIO reserves the right to change, modify and/or update these Terms of Service from time to time for any reason with or without notice, and any changes shall be effective from the posting of the updated Terms of Service on our Platforms, provided that such changes shall not apply to any fee-bearing subscriptions to the Services which are then in effect until the expiration or termination of such subscription. If you no longer accept these Terms of Service, or any future modification to these Terms of Service, you must cease using our Platforms. Continued use of our Platforms indicates your continued acceptance of these Terms of Service.

1.4  PETMUSE STUDIO may deny you access to the Platforms at any time in its sole discretion. Examples of when we may so deny you access include but are not limited to where we believe that your use of the Platforms is in violation of any of these Terms of Service, any law or the rights of any third party or is not respectful to others.

1.5  The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service and shall be ignored in construing these Terms of Service.

BY ACCESSING OR USING THE PLATFORMS AND/OR OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. WE THEREFORE RECOMMEND YOU TO READ THESE TERMS OF SERVICE CAREFULLY, AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS OF SERVICE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DISCONTINUE USE OR ACCESS OF OUR PLATFORMS AND SERVICES IMMEDIATELY.

2. Acceptance of Terms

By using the Platforms or subscribing to our Services, you indicate your unconditional acceptance of the following Terms of Service. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms of Service may be viewed at petmusestudio .com/terms-of-service.

3. Personal Data Protection

PETMUSE STUDIO fully respects the privacy of individuals who access and use our Platforms and has developed a privacy policy (the “Privacy Policy”) in order to inform you of our practices with respect to the collection, use and disclosure of personal information. By accessing or using our Platforms and/or Services, you agree and understand that we may collect, use, store, disclose and process your personal data in accordance with our Privacy Policy. For details on the type of information we collect, how and for what purposes we collect and use your information and under what circumstances we disclose the information, please see our Privacy Policy which is incorporated into and forms part of these Terms of Service.

4. Scope of Service

PETMUSE STUDIO fully respects the privacy of individuals who access and use our Platforms and has developed a privacy policy (the “Privacy Policy”) in order to inform you of our practices with respect to the collection, use and disclosure of personal information. By accessing or using our Platforms and/or Services, you agree and understand that we may collect, use, store, disclose and process your personal data in accordance with our Privacy Policy. For details on the type of information we collect, how and for what purposes we collect and use your information and under what circumstances we disclose the information, please see our Privacy Policy which is incorporated into and forms part of these Terms of Service.

5. Content

5.1  All content (including, but not limited to, logos, text, images, data, links, graphics, icons, photographs, music, sounds, video, software, and other material accessible through the Platforms or Services) (the “Content”) which is not created, posted, uploaded or otherwise provided by you is either owned or used under license, by PETMUSE STUDIO , and is protected by the applicable intellectual property laws including copyright and trademark laws and international conventions.  

5.2  PETMUSE STUDIO endeavors to ensure that the Content available on the Platforms is accurate and complete. PETMUSE STUDIO does not, however, guarantee that the Content or any other information available on the Platforms is accurate and/or error free. Further, PETMUSE STUDIO  does not promise that the functionality of the Platforms or Content will be error free or that the Platforms, Content or the servers that make such Content available are free of viruses, malicious code or other components which are potentially harmful. PETMUSE STUDIO recommends that all users of the Internet ensure they have up to date virus checking software installed. 

5.3  By using or accessing the Platforms, you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Platforms and their Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Platforms or their Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of the Platforms on any other server or as part of any other website.

6. Registration and Subscriptions and Securities

6.1  Some of our Services are reserved for registered users. In order to become a registered user, we will ask you to complete a registration form and provide a username or email and create a password (the “Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service. Certain Services may also require additional information, such as credit card information. You must provide true, current and complete information in your dealings with us (including when setting up an account) and must promptly update that information as required so that the information remains true, current and complete. 

6.2  You undertake to keep your Login Credentials secure and confidential and shall be responsible for protecting your Login Credentials from unauthorized use, and you shall be responsible for all activity that occurs on your account (including, without limitation, financial obligations) even if such activities or uses were not committed by you. You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damages caused by any security breaches on unauthorized and/or fraudulent use of your Login Credentials or your failure to comply with this Section 6. As a PETMUSE STUDIO user or subscriber, all information that you provide to PETMUSE STUDIO  is subject to PETMUSE STUDIO’S Privacy Policy. You are responsible for keeping your registration information up to date through your account page, to the extent that such feature is made available on the Platforms for the applicable Service. 

6.3  AS A REGISTERED USER OF THE PLATFORMS, YOU AGREE TO RECEIVE EMAILS PROMOTING ANY SPECIAL OFFER(S), INCLUDING THIRD-PARTY OFFERS. WE MAY FROM TIME TO TIME SEND YOU PUSH NOTIFICATIONS OR EMAIL MESSAGES WITH INFORMATION ABOUT UPCOMING EVENTS OR PROMOTIONS, OR INFORMATION ABOUT OUR SERVICE OFFERINGS AND THAT OF OUR PARTNERS VIA MONTHLY NEWSLETTER OR OTHERWISE. YOU MAY OPT-OUT FROM RECEIVING CORRESPONDENCE VIA THE ABOVE FROM US BY CLICKING ON THE "UNSUBSCRIBE" LINK IN ANY PROMOTIONAL EMAIL.

7. Our Contract with You

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

8. Billing and Payments

8.1  We may make the Services available, for free or for a fee from time to time. We reserve the right to change our fee structure at any time. We also reserve the right to initiate special incentive pricing, membership and other programs, which may be limited, at our sole discretion, to defined and limited existing users or new users. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay PETMUSE STUDIO directly or via its third-party payment processing service provider. You also agree to pay the applicable fees for such Services (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes.

8.2  The price of the Services and/or goods is payable in full before delivery. We currently accept PayPal , credit cards and other payment options in the near future. You may choose one of the payment options as indicated in the invoice we send to you after our acceptance of your order.

9. Payment

9.1  You agree that PETMUSE STUDIO may charge your payment method for any services, subscriptions or products you purchase and for any additional amounts (including any taxes, including local sales tax or goods and services tax (“GST”) and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PETMUSE STUDIO WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE ARE ABLE TO ACCEPT AT ANY TIME FOR THE PLATFORMS APPLICABLE TO SUCH SERVICE, SUBSCRIPTION OR PRODUCT FROM TIME TO TIME. You may be charged, and you agree to pay local sales tax or GST, if applicable.

9.2  Prices for the products and services offered via the Platforms may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering.

9.3  We use a third-party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant PETMUSE STUDIO the right to store and process your information with the third-party payment service, which may change from time to time; you agree that PETMUSE STUDIO will not be responsible for any failures of the third-party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third-party payment service provider's terms of service and privacy policies. You acknowledge that we may change the third-party payment service provider and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

10. Shipping and Risk of Loss

10.1  Unless otherwise indicated at the time of your purchase, shipping and handling fees are included within your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify PETMUSE STUDIO within thirty (30) days of the date of your purchase if you believe all or part of your order is missing or damaged.

10.2  Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification.

11. Order Cancellations

We work hard to make your order satisfactory. However, you may cancel your ongoing order through the account page on the Platforms, to the extent that such a feature is made available on the Platforms or by contacting us through the contact information on our website. You must cancel the order within 48 hours of your purchase. Otherwise, the payment is not refunded.

12. International Access

We work hard to make your order satisfactory. However, you may cancel your ongoing order through the account page on the Platforms, to the extent that such a feature is made available on the Platforms or by contacting us through the contact information on our website. You must cancel the order within 48 hours of your purchase. Otherwise, the payment is not refunded.

13. Content Submitted by Users

13.1  Certain PETMUSE STUDIO Platforms and Services may enable users to upload Content (the “User Content”) which can be made accessible to other users and/ or the general public. You are solely responsible for the User Content that you submit, use, display or share on or via the Platforms. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Platforms.

13.2  PETMUSE STUDIO does not claim ownership of any User Content by submitting such User Content, however, you hereby grant PETMUSE STUDIO a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and transferable licence to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such User Content on, through or in connection with the Platforms in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without the need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements. This licence shall remain in effect until we delete the User Content from our systems. This provision does not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Platforms.

13.3  By submitting the User Content, you represent and warrant that: (i) you own the User Content submitted and used by you on or through the Platforms or otherwise have the right to grant the rights and licences set forth in these Terms of Service; (ii) the submission and use of your User Content on or through the Platforms does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyright, trademark and/or other intellectual property rights; (iii) the User Content you provide will not contain libelous or otherwise unlawful, abusive or obscene materials; (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Platforms; (v) PETMUSE STUDIO  will be entitled to use any User Content, as permitted herein, without incurring obligations of confidentiality, attribution or compensation to you; and (vi) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.

13.4  You further acknowledge and agree that (i) you are solely responsible for the User Content you post or otherwise make available on or through the Platforms, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any User Content contribution, and (ii) you shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of the User Content to the Platforms.

13.5  You acknowledge and agree that PETMUSE STUDIO may store and/or preserve the User Content and may also disclose the User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal processes; (b) enforce the terms of these Terms of Service; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms of Service; and/or (d) protect the rights, property or personal safety of PETMUSE STUDIO , its representatives and/or agents, its users or the public.

13.6  You may use our Platforms (but not subscribe to our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personal information. However, if you choose to provide information to register for or participate in a service, event, or promotion on the Platforms or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the Platforms that collect information from you.

13.7  We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in the User Content submitted for public display through the Platforms, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for the User Content. Any opinions, advice, statements, services, offers, or other information in the User Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of PETMUSE STUDIO . We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content.

13.8  PETMUSE STUDIO will not be responsible, or liable to you or any third party, for the content or accuracy of any User Content posted by you or any other user of the Platforms and you hereby agree to be responsible to PETMUSE STUDIO for and indemnify PETMUSE STUDIO and keep PETMUSE STUDIO indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by PETMUSE STUDIO  as a result of any claim in respect of your use of the Platforms.

13.9  We have the right, but not the obligation, to monitor the User Content submitted to our Platforms through an online discussion forum or chat room, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right, in our sole discretion, to edit or remove any User Content submitted to or posted in any online discussion forum or chat room provided through these Platforms. Without limiting the foregoing, we have the right to remove any User Content that PETMUSE STUDIO, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable.

14. Prohibited Uses

14.1  By accessing or using the Platforms and/or the Services, or any chat room, online discussion forum, or other services provided through our Platforms, you agree to abide by the following standards of conduct. In addition to other prohibitions as set forth in the Terms of Service, you agree that you will not, and will not authorize or facilitate any attempt by another person to use our Platforms or any related chat room or online discussion forum to:

(a)  upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, distressing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by PETMUSE STUDIO;

(b)  use a name or language that PETMUSE STUDIO, in its sole discretion, deems offensive;

(c)  upload, post, transmit or otherwise make available defamatory statements;

(d)  upload, post, transmit or otherwise make available hateful or racially or ethnically objectionable Content;

(e)  upload, post, transmit or otherwise make available Content which infringes another's intellectual property rights including copyright, trademark or trade secret;

(f)  upload, post, transmit or otherwise make available unsolicited advertising or unlawfully promote products or services;

(g)  harass, threaten or intentionally embarrass or cause distress to another person or entity;

(h)  impersonate another person;

(i)  upload, email, post, transmit or otherwise make available any unsolicited or unauthorizsed advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorized form of solicitation;

(j)  upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Platforms to harm minors in any way;

(k)  engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum;

(l)  upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(m)  obtain unauthorized access to any computer system through the Platforms;

(n)  use the Platforms to violate or invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a minor);

(o)  take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Platforms or the servers or networks connected to the Platforms;

(p)  use the Platforms to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, convention, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism; and/or

(q)  encourage conduct that would constitute a criminal or civil offense.

14.2  Without prejudice to any other right or remedy available to us, we reserve the right to terminate your use of the Platforms and/or Services in the event of any of the prohibited uses.

14.3  You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not PETMUSE STUDIO, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Platforms. You understand that by using the Platforms, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable laws, under no circumstances will PETMUSE STUDIO  be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platforms.

14.4  You acknowledge that PETMUSE STUDIO and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including, without limitation, any Content or information posted by you, that is available on the Platforms without any liability to you. Without limiting the foregoing, PETMUSE STUDIO  and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another user; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Platforms as part of our effort to protect the Platforms or our users, or otherwise enforce the provisions of these Terms of Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable laws, may not rely on any Content created by PETMUSE STUDIO or submitted to PETMUSE STUDIO, including, without limitation, information in PETMUSE STUDIO forums and in all other parts of the Platforms.

14.5  You acknowledge, consent to and agree that PETMUSE STUDIO may access, preserve, and/or disclose your account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over PETMUSE STUDIO , or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal processes; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of PETMUSE STUDIO , its users and/or the public.

15. Intellectual Property Rights and Limited Licence

15.1  Unless otherwise provided, all Content contained on the Platforms (the “PETMUSE STUDIO  Content”) and all other intellectual property rights (including, without limitation, registered or unregistered trademarks, logos, designs, patents, know how or trade secrets) in or related to the Platforms or the Services (collectively, the “IP Rights”) are and shall remain the exclusive property of PETMUSE STUDIO  and/or its licensors and such IP Rights are protected by applicable intellectual property laws and international conventions. All such rights are reserved.

15.2  Subject to the terms herein, we grant you a revocable, non-transferable and non-exclusive right to access and make personal use of the Platforms subject to these Terms of Service limited such that it does not include the right to:

(a)  use the Platforms in any way which may prejudice or damage the reputation of PETMUSE STUDIO; 

(b)  use the Platforms for any commercial or business purposes. The Platforms are for your personal use only; and/or

(c)  use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

15.3  You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying PETMUSE STUDIO Content and you shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the PETMUSE STUDIO  Content. Nothing contained on our Platforms or the Services should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use our Services, Platforms or PETMUSE STUDIO Content or trademarks, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the written permission of such third party that may own the trademark or copyright of material displayed on our Platforms. The service marks and trademarks of PETMUSE STUDIO, include without limitation “Petmuse Studio,” and the logos, service marks and trademarks used and owned by PETMUSE STUDIO. Any other trademarks, service marks, logos and/or trade names appearing via the Platforms are the property of their respective owners. You shall not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

15.4  You may view, copy, download, and print PETMUSE STUDIO Content that is made available to you on our Platforms or through our Services, subject to the following conditions: 

(a)  you may only use the PETMUSE STUDIO Content for your internal informational purposes in compliance with all laws and regulations that apply to you;

(b)  you shall not resell or use the PETMUSE STUDIO Content to provide services to any third party;

(c)  you shall not reproduce or transmit any part of the PETMUSE STUDIO Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;

(d)  you shall not modify, alter, or prepare derivative works based on the PETMUSE STUDIO Content, or distribute copies of or publicly distribute, perform or display the PETMUSE STUDIO Content, including, without limitation, by posting the PETMUSE STUDIO Content on any network computer or distributing the PETMUSE STUDIO Content on or in any media, except as we may permit on a case-by-case basis; and/or

(e)  you shall not remove copyright, trademark, and other proprietary notices from the PETMUSE STUDIO Content

15.5  Nothing contained within our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any PETMUSE STUDIO Content displayed on our Platforms, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with PETMUSE STUDIO’s prior written permission or the permission of the third party that owns the trademark or copyright of the PETMUSE STUDIO Content displayed on our Platforms.

15.6  PETMUSE STUDIO may terminate the limited licence set forth in this Section 15 at any time in its sole discretion without prejudice to any other remedy we may have against you, pursuant to applicable laws for any reason whatsoever and/or for any breach of these Terms of Service.

16. Reporting Intellectual Property Rights Infringement

16.1  We respect the intellectual property rights of others and require that all who use our Platforms do the same.

16.2  If you are an intellectual property rights owners (the “IPR Owner”) or an agent duly authorized by an IPR Owner (the “IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us via email at [email protected] and provide us the information or documents requested below to support your claim:

(a)  your address, telephone number and email address;

(b)  a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights;

(c)  a description of the nature of alleged infringement with sufficient details to enable PETMUSE STUDIO  to assess the complaint;

(d)  a description of where the alleged infringing material is located;

(e)  a statement by you that you have a good faith belief and that the use of the intellectual property as identified by you is not authorized by the IPR Owner, the IPR Agent or the law;

(f)  an electronic or physical signature of the IPR Owner or IPR Agent;

(g)  a statement by you that the information in the notification is accurate, that you will indemnify us for any damages and costs we may suffer as a result of the information provided by you, and that you have the appropriate right or is authorized to act on the IPR Owner’s behalf in all matters relating to the complaint; and

(h)  a statement by you, made under penalty of perjury, that the above information in the notification is accurate and that you are the IPR Owner or authorized to act on the IPR owner's behalf.

16.3  Do allow us time to process the information provided and PETMUSE STUDIO will respond to your complaint as soon as practicable. In an effort to protect your intellectual property rights, we maintain a policy for the termination, in appropriate circumstances, of users of our Platforms who are repeat infringers.

17. Disclaimer of Warranty

17.1  YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR PET(S). WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES.

17.2  YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORMS AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, THE SERVICES, THE PRODUCTS OR YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THE PLATFORMS. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR CREDITS TO YOUR ACCOUNT, IN PETMUSE STUDIO 'S DISCRETION.

17.3  EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, ALL SERVICES PROVIDED, AND ALL CONTENTS ON OR ACCESSIBLE FROM THE PLATFORMS ARE PROVIDED “AS IS” AND MAY BE BASED IN PART ON CONTENT PROVIDED BY USERS AND THIRD PARTIES, WHICH ARE NOT VERIFIED BY PETMUSE STUDIO, AND THAT ANY RESUME OR OTHER CONTENT OBTAINED THROUGH THE USE OF THE SERVICES OR PLATFORMS IS AT YOUR SOLE RISK AND DISCRETION. PETMUSE STUDIO AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE PLATFORMS, SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAWS, WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, NOR WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. SPECIFICALLY, BUT WITHOUT LIMITATION, PETMUSE STUDIO DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE PLATFORMS IS TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE PLATFORMS WILL MEET YOUR EXPECTATIONS; (iv) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THE PLATFORMS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (v) DEFECTS WILL BE CORRECTED, OR (vi) THESE PLATFORMS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

18. Exclusions and Limitations of Liability

18.1  NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES OUR LIABILITY (I) FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) FOR ANY OTHER LIABILITY ON THE PART OF PETMUSE STUDIO  WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

18.2  SUBJECT TO SECTION 18.1 ABOVE, IN NO EVENT SHALL PETMUSE STUDIO  OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSES OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, HOWEVER ARISING, FOR (A) ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, REVENUES, ACTUAL OR ANTICIPATED PROFITS, CONTRACTS, SUBSTITUTE GOODS OR SERVICES, BUSINESS OR ANTICIPATED SAVINGS), OR (B) LOSS OF GOODWILL OR REPUTATION, OR (C) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES SUFFERED OR INCURRED BY YOU, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE.

18.3  YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE PLATFORMS AND/OR SERVICES.

18.4  SUBJECT TO SECTIONS 18.1 AND 18.2 AND 18.3, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT PETMUSE STUDIO 'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE PLATFORMS, THE SERVICES, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO PETMUSE STUDIO  IN THE THEN-PRIOR CALENDAR MONTH.

19. Indemnity

By using the Platforms and/or our Services, you agree to indemnify, hold harmless and defend PETMUSE STUDIO  and its affiliates, subsidiaries, directors, officers, agents, co-branders, licensors or other partners and employees from and against any claims, damages, losses, liabilities, costs and expenses (including but not limited to, legal costs and expenses on a full indemnity basis) that are made against or suffered or incurred by PETMUSE STUDIO arising directly or indirectly out of (a) your access to and/or use of any part of our Platforms and/or Services, (b) any other party’s access to and/or use of our Platforms and/or Services using your Login Credentials or account, (c) your breach of any of these Terms of Service, and (d) any other party’s breach of any of these Terms of Service where such party was able to access to and/or use of our Platforms and/or Services by using your Login Credentials or account.

20. Links to Third-Party Websites

20.1  The Platforms may contain links to third-party websites (the “Third-party Websites”) that are provided to you as a convenience. Any Third-party Website accessed from our Platforms is independent from PETMUSE STUDIO, and we have no control over the content of such websites. We are not responsible for the content of any Third-party Website or for any losses or damages incurred in connection with your use of such Third-party Websites or dealings with the operators of such Third-party Websites. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.

20.2  In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by PETMUSE STUDIO of that third party or of any product or service provided by a third-party. Likewise, a link to any Third-party Website does not imply that we endorse or accept any responsibility for the content or use of such a website. PETMUSE STUDIO  does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through our Platforms and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

20.3  You agree that your access to and/or use of such Third-party Websites is entirely and solely at your own risk and subject to the terms and conditions of access and/or use contained therein (including without limitation their privacy and data processing policies and practices). By using the Platforms, you agree that PETMUSE STUDIO  shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that PETMUSE STUDIO may disable your use of, or remove any link to Third-party Websites, or applications on the Platforms to the extent they violate these Terms of Service.

21. Termination

21.1  Without prejudice to any other right or remedy available to us, we may, in our sole discretion, terminate your access to our Platforms for any reason and at any time, with or without prior notice, which may result in the forfeiture and destruction of all information associated with your account. Grounds for such actions may include, but not limited to, actual or suspected violation of these Terms of Service. You agree that we are not liable to you or any third party for any termination of your access to our Platforms or Services.

21.2  You may terminate your account at any time through the account page on the Platform applicable to that Service to the extent that such a feature is made available on such Platform, or in the manner as otherwise provided on the Platform as updated from time to time. If you no longer accept these Terms of Service, or any future modification to these Terms of Service, you must cease using the Platforms. Continued use of the Platforms indicates your continued acceptance of these Terms of Service. Notwithstanding any such termination, you remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and you must contact PETMUSE STUDIO after you have promptly and effectively carried out and completed all incomplete transactions according to these Terms of Service. PETMUSE STUDIO shall not be liable for any damages incurred due to the actions taken in accordance with this Section 21. You waive any and all claims based on any such action taken by PETMUSE STUDIO.

21.3  PETMUSE STUDIO will have no obligation to provide a refund of any amounts previously paid to PETMUSE STUDIO. Upon termination of your account under these Terms of Service, all licence rights granted by you to PETMUSE STUDIO shall survive termination. Even after your right to use the Services is terminated or suspended, these Terms of Service, where applicable, will remain enforceable against you. 

21.4  All provisions of these Terms of Service that, by their nature, should survive termination shall survive termination, including, without limitation, Section 18 (Disclaimer of Warranty), Section 19 (Exclusions and Limitations of Lliability), Section 19 (Indemnity) and Section 25 (Governing Law and Ddispute Resolution).

22. Circumstances Beyond Our Control (Force Majeure)

22.1  We shall not be held responsible for any delay or failure to perform or comply with our obligations under these Terms of Service if the delay or failure arises from any cause, which is beyond our reasonable control, including, but not limited to, strikes, lock-outs, industrial action, civil commotion, riots, invasion, terrorist attack or threat thereof, war (whether declared or not), threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, pandemics or global health emergency, epidemic or other natural disaster; impossibility for the use of railways, shipping, aircraft, motor transport or other means of public transport; impossibility of use of public and private telecommunications networks; and any acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents (the “Force Majeure Event”).

22.2  If any Force Majeure Event lasts for more than one (1) week, either you or we may terminate the contract formed by these Terms of Service forthwith by written notice and without any liability other than a refund of order(s) already paid for by you and that have yet to be delivered.

22.3  We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the contract formed by these Terms of Service despite the Force Majeure Event.

23. Waiver and Severability

23.1  No failure or delay by us in exercising any of our rights under these Terms of Service shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it in any way modify or diminish our rights under these Terms of Service. No waiver by us of any of these Terms of Service shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

23.2  If any provision (or part of any provision) in these Terms of Service shall become or shall be declared by a court or competent jurisdiction to be invalid, void or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms of Service, and such invalidity, voidance or unenforceability shall in no way affect any other provisions or part of any provision of these Terms of Service.

24. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platforms, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Platforms. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section 24 does not affect your statutory rights.

25. Governing Law and Dispute Resolution

25.1  [These Terms of Service and any dispute relating to these Terms of Service, are governed by, and shall be construed in accordance with, the laws of Singapore, without regard to the principles of conflicts of laws.] 

25.2  Unless otherwise required by applicable laws, any dispute, controversy or claim (including the existence, validity, enforceability and termination of these Terms of Service) of any kind whatsoever arising out of or relating to these Terms of Service, shall be settled through good faith negotiations. In the event that no settlement is reached within one (1) month from the start of negotiations, the dispute shall be referred to and finally resolved by the Singapore International Arbitration Centre (the “SIAC”) for arbitration in accordance with the arbitration rules of the SIAC for the time being in force, which are deemed to be incorporated by reference in this Section 25.

25.3  The tribunal shall consist of one (1) arbitrator who shall be jointly appointed by the parties to the dispute, or if agreement is not reached within one (1) month of service of the notice under this Section 25, who shall be appointed by the Chairman of the SIAC. The arbitration shall be conducted in English and the seat of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties to the dispute.

25.4  This Section 25 shall survive the termination of your relationship with PETMUSE STUDIO.

26. Amendments to these Terms of Service

We may, from time to time and at any time with or without notice, update or revise these Terms of Service. Such update or revision is effective upon publication on our Platforms. You are responsible for ensuring that you have read the most current version of these Terms of Service. Your continued access and/or use of our Platforms after such updates or revisions being posted shall be deemed to constitute your conclusive acceptance of the updated or revised Terms of Service. You, and any contract of sale between us, will be subject to the version of these Terms of Service in force at the time you subscribe for the Services or order the products in question from us.

For Additional Information

If you have any questions about these Terms of Service, please contact us at [email protected].

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