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World Pedigrees Terms of Use

AGREEMENT BETWEEN YOU AND WILD SYSTEMS PTY LTD

World Pedigrees is a service operated by Wild Systems Pty Ltd, ABN 85 065 845 927 ("Wild Systems") that makes it easy to share data and information.

These Terms of Use (TOU) constitute a legal agreement between you and Wild Systems. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the World Pedigrees Services. If you do not accept these Terms of Use in their entirety, you may not access or use the World Pedigrees Services.

Portions of the World Pedigrees Services may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, and terms and conditions and these Terms of Use, the Terms of Use shall control. However, the World Pedigrees Privacy Statement, discussed in the Privacy and Personal Information section below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, and terms and conditions published on the World Pedigrees Services with respect to the subject matter covered by the World Pedigrees Privacy Statement.

MODIFICATION OF THESE TERMS OF USE

Wild Systems may wish to update or change the terms, conditions, and notices for the World Pedigrees Services from time to time to reflect changes in the Services, changes in the laws affecting the Services, or for other good reasons. You understand that Wild Systems reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of the World Pedigrees Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the World Pedigrees Services shall be subject to the Terms of Use, as modified from time to time.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may only use the World Pedigrees Services for your own personal and non-commercial purposes.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the World Pedigrees Services except as expressly provided in these Terms of Use.

PRIVACY AND PERSONAL INFORMATION

You may be required to have a World Pedigrees account to use some World Pedigrees Services. To set up an account, you must provide information about yourself and update this information as necessary in order to keep it current. 

You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Wild Systems immediately of any unauthorized use of your account. Wild Systems is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

LINKS TO THIRD-PARTY SITES

The Web pages that are part of the World Pedigrees Services may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Wild Systems and Wild Systems is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wild Systems is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wild Systems of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

You are solely responsible for any dealings with third parties (including advertisers) who support the World Pedigrees Services or are identified in the Web pages that are part of the World Pedigrees Services, including the delivery of and payment for goods and services.

MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Wild Systems, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the WorldPedigrees Services. Wild Systems does not control the Content posted via the WorldPedigrees Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the WorldPedigrees Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Wild Systems 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 any Content posted, emailed, transmitted or otherwise made available via the WorldPedigrees Services.

You agree to not use the WorldPedigrees Services to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  2. harm minors in any way;

  3. impersonate any person or entity, including, but not limited to, a Wild Systems official, convenor guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Wild Systems Service;

  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;

  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  9. interfere with or disrupt the WorldPedigrees Services or servers or networks connected to the  Services;

  10. overburden, or impair the World Pedigrees Services or interfere with any other party's use and enjoyment of them

  11. gain unauthorized access to any World Pedigrees account, computer systems or networks associated with the World Pedigrees Services;

  12. obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the World Pedigrees Services.

  13. disobey any requirements, procedures, policies or regulations of networks connected to the WorldPedigrees Services, including using any device, software or routine to bypass our robot exclusion headers;

  14. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

  15. "stalk" or otherwise harass another; and/or

  16. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the previously numbered paragraphs above.

You acknowledge that Wild Systems may or may not pre-screen Content, but that Wild Systems and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the WorldPedigrees Services. Without limiting the foregoing, Wild Systems and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Wild Systems or submitted to Wild Systems, including without limitation information in Wild Systems Message Boards and in all other parts of the WorldPedigrees Services.

You acknowledge, consent and agree that Wild Systems may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Wild Systems, its users and the public.

TERMS OF USE FOR WORLD PEDIGREES PARTICIPATING SITES AND SERVICES

These Terms of Use apply to you whenever you access or use any World Pedigrees Services. When you use the World Pedigrees Services to gain access to any World Pedigrees participating site or service, the terms and conditions associated with that site or service may also apply to you. Please refer to the applicable terms of use associated with each participating site or service that you visit.

DATA YOU SUBMIT

You warrant that you own copyright in any data submitted to us, or that it is information which is in the public domain, and that it does not infringe any existing copyright or any other rights of any third party and that you have full authority to enter into this Agreement and grant the rights granted to Wild Systems without resulting in a breach of any obligation you may have.
If you submit data to us then you grant to Wild Systems a non-exclusive, worldwide, irrevocable, royalty-free and full sub-licenseable license to use,   for any purpose.  Wild Systems may modify the data, extract parts of it, or combine it with other data to create derivative works. In the event that these derivative works are more than 10% different from the original data, you agree that Wild Systems owns copyright to that data.

DATA AVAILABLE ON THE WORLD PEDIGREES SERVICES

All data  that is made available to view and/or download from the Web pages that are part of the World Pedigrees Services ("Data") is owned by and is the copyrighted work of Wild Systems and/or its suppliers. Except for personal use of the data, any reproduction or redistribution of the Data is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DATA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED . 

All Data is supplied "as is" without any warranty as to its accuracy or completeness and any use of this Data is entirely at the users own risk.

LIABILITY DISCLAIMER

WILD SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE WORLD PEDIGREES SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WILD SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL WILD SYSTEMS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WORLD PEDIGREES SERVICES, WITH THE DELAY OR INABILITY TO USE THE WORLD PEDIGREES SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WORLD PEDIGREES SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WORLD PEDIGREES SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WILD SYSTEMS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WORLD PEDIGREES SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WORLD PEDIGREES SERVICES.

CUSTOMER SUPPORT

Wild Systems provides information about how to use the World Pedigrees Services on the Web pages that are part of the Services. If you have any questions about the World Pedigrees Services or any problems that you would like to report, please email us at support@breedmate.com.

TERMINATION AND RESTRICTION OF ACCESS

Wild Systems reserves the right, in its sole discretion, to terminate or suspend your access to the World Pedigrees Services or any portion thereof at any time, without notice.

Wild Systems may also terminate or suspend your access to the World Pedigrees Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Wild Systems. Upon termination of your World Pedigrees account, your right to use the World Pedigrees Services immediately ceases.

GENERAL

These Terms of Use are governed by the laws of the State of New South Wales, Australia. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Sydney, New South Wales, Australia. in all disputes arising out of or relating to the use of the World Pedigrees Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wild Systems as a result of these Terms of Use or use of the World Pedigrees Services.

Wild Systems may assign these Terms of Use, in whole or in part, at any time. Wild Systems's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Wild Systems's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the World Pedigrees Services or information provided to or gathered by Wild Systems with respect to such use. You agree to indemnify and hold Wild Systems, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the World Pedigrees Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and Wild Systems with respect to the World Pedigrees Services and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Wild Systems with respect to the World Pedigrees Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INTELLECTUAL PROPERTY NOTICES

All contents of the World Pedigrees Web Site are: Copyright © 2003 by the Wild Systems Pty Ltd and/or its suppliers, c/o Wild Systems Pty Ltd, PO Box 2395 Carlingford, NSW, 2118, AUSTRALIA.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Wild Systems may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the World Pedigrees Services, including the Web pages that are part of the World Pedigrees Services. Except as expressly provided in these Terms of Use, the provision of the World Pedigrees Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement should be emailed to us at  support@breedmate.com.

Last updated 14 Sep 2009