Visitor Agreement

TERMS OF USE
Welcome to PetsTV.com (the “Site”), an entertainment-oriented site brought to you by Pets TV, Inc. (the "Company"). Please read this Visitor Agreement; your use of this Site signifies your agreement with the following terms of use (the “Terms of Use”). If you do not agree with any of these Terms of Use, please do not use the Site. The Web is an evolving medium; we may change these Terms of Use from time to time. By continuing to use the Site after we post any such changes, you agree to the Visitor Agreement and the Terms of Use, as modified. We may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time.

LEGAL INFORMATION
All materials on this site © 2004 Pets TV, Inc. or used with permission. All rights reserved. Pets TV, PetsTV.com, and the Pets TV Nose and Whiskers logo are trademarks of the Company.

Pets TV, Inc.
P.O. Drawer 2440
Burlington, North Carolina 27216, or

1213 Maple Avenue
Burlington, North Carolina 27215

TRADEMARKS, COPYRIGHTS & RESTRICTIONS
Pets TV, PetsTV.com, the Pets TV Nose and Whiskers logo, and all of the logos associated with any of the foregoing products and services, are trademarks and/or service marks of the Company. You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark.

The contents of the Site are intended for your personal, noncommercial use. All materials on this site, including, but not limited to, images, text, illustrations, audio clips, video clips (the "Materials") are protected by copyrights which are owned or licensed by the Company, or otherwise used with permission by the Company. You shall abide by all additional copyright notices, information or restrictions contained in any Materials accessed through the Site.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.petstv.com or any other website owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal noncommercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company's copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from the Company.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Site, please notify us by sending email to us at petstv@petstv.com or by sending a notice by U.S. Mail to: Pets TV.com, Webmaster, P.O. Drawer 2440, Burlington, North Carolina 27216.

OWNERSHIP OF SUBMISSIONS
By transmitting bulletin board postings, forum posting, shared stories, e-mails, messages, suggestions, or ideas, (each, a "Submission"), whether unsolicited or solicited, to the Company you are granting the Company a royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display and otherwise use the Submission for any purpose, including, but not limited to, advertising and promotional purposes. No credit or compensation is due to you for such use. The Company also has the right, but not the obligation, to use your name, city and state in connection with broadcast, print, online or other use or publication of your submission. All submissions become the property of the Company and may be edited for use.

SOLICITED INFORMATION
At times, the Company may solicit from visitors to www.petstv.com various types of information (for example, registering for our Message Boards/Forums). For information on how this information will be used, please see our Privacy Policy and any notices of planned use posted where we solicit the information. Your provision of information in response to such a solicitation when informed of the planned use is a grant by you to the Company of a royalty-free, nonexclusive, perpetual, unrestricted worldwide right and license to use the information as planned.

UNSOLICITED SUBMISSIONS
Although comments and questions are welcomed, the Company does not accept unsolicited submissions or creative ideas for its Company programs or products. Accordingly, any unsolicited submissions will become, and remain, the property of the Company. Furthermore, the Company is not responsible for the confidentiality of any Submission. (Please see our Privacy Policy regarding information that is solicited by us.)

FORUMS, SHARED STORIES AND OTHER PUBLIC POSTINGS
The Company wants to encourage an open exchange of information and ideas, but we cannot and do not review every posting made in any online forum, shared story, or in any other public posting areas on the Site (each, a "Forum"). You can expect these Forums to include information and opinions from a variety of individuals and organizations other than the Company. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.

The Company is not responsible for any material posted in any Forum; the Company is merely providing access to such material in such Forum(s) as a service to you and Forums shall be used only in a noncommercial manner (for entertainment purposes only). In order to participate in our Forums, you must go through "registration." When you register for the Forums, you will be required to provide PetsTV.com with the following information: your name, valid e-mail address, user name and password. By going on the Forums as a guest and/or completing the registration process and selecting the "Login" button, you are indicating your agreement to comply with these Terms of Use.

You shall not, without the Company's express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising or solicitation for goods or services. You specifically acknowledge that soliciting other guests to join or become members of any commercial online service or other organization is expressly prohibited.

From time to time, users post their email addresses in our chat rooms, forums and other public-posting areas. You agree not to gather these email addresses for purposes of spamming, that is, sending unsolicited email.

With respect to any materials posted for inclusion in such Forums by other parties, such parties are responsible for the reliability, accuracy, and truthfulness of such material and such matters are beyond the control of the Company. Similarly, the Company has no control over whether such material is of a nature that users will find inoffensive, tasteful and otherwise acceptable and expressly disclaims any responsibility for such material. Just as when you obtain materials in any other setting, you should exercise appropriate discretion, good judgment and caution in accessing materials in any of the Forums and in taking any actions based upon material in such Forums. Accordingly, you will bear all risk associated with any such material that you access.

With respect to any materials you elect to post for inclusion in such Forums, you grant to the Company, simultaneous with such posting, the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You warrant that all moral rights in any material that you submit to us have been waived.

You agree not to upload, transmit, distribute or otherwise publish in any Forum any material that is:
(1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
(2) an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
(3) illegal in any way or advocates illegal activity;
(4) an advertisement or solicitation of funds, goods, or services;
(5) a message posted by a user impersonating another;
(6) personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; or
(7) chain letters of any kind.
You also agree to indemnify the Company for any claims or suits arising from your posting of such material in a Forum.

The Company reserves the right to monitor and delete any postings deemed inconsistent with its policies. The Company also reserves the right to, at our discretion, terminate the registration of any Forum user who violates any of the Terms of Use. If you are aware of any such material posted on the Company's website, please contact us at petstv@petstv.com. Please provide as much detail as possible, including a copy of the underlying material, the location where the Company may find it, the reason(s) such postings should be removed and a statement, signed under penalty of perjury, certifying the accuracy of the information you provide to us. To the extent any notice is based on an alleged copyright or trademark violation, please provide copies of applicable state or federal registration certificates. Although the Company will do its best to monitor materials in Forums, in no event does it assume any particular obligation to do so or liability for failing to either monitor the Forums or remove specific material.

PURPOSE AND USE OF INFORMATION
The material that appears on the Site is for entertainment, educational and promotional purposes only. User may not rely on any information and opinions expressed in it for any other purpose. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Site, you should confirm any facts that are important to your decision. The Company and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site. Neither the Company, nor its officers, directors, parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related companies are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Site.

The information that appears on the Site pertaining to the health and care of pets is presented in summary form only and is intended to provide general consumer understanding of pet health care topics. The information should not be used in place of a visit, call or consultation with a veterinarian. Neither the Company nor the Site recommend that pet owners attempt to manage the health or medical problems of their pets themselves, nor does either the Company or the Site promote or recommend any particular form of medical or alternative treatment for any pets. People using information accessed through the Site should also research original sources of authority. Information obtained by using the Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care related questions concerning your pet, please call or visit your veterinarian. You should never disregard veterinary advice — or delay in seeking it — because of something you have read on the Site. You should always seek prompt medical care for your pet for any specific health issue and consult a veterinarian before starting any health or treatment regimen for your pet.

LINKS
The Company is not responsible for the content of any sites that may be linked to the Site and a link to another Web site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by the Company or its licensors. These links are provided for your convenience only and you access them at your own risk.

DISCLAIMERS
By using this website and/or transmitting to it any Submission(s), you agree to indemnify the Company, its officers, directors, parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related companies for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.

THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE WEBSITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.

TERMINATION
The Company may, in its sole discretion, terminate or suspend your access to all or part of the site, including, but not limited to, any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Materials appearing on the website, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement will survive any such termination.

MISCELLANEOUS
This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of North Carolina. By using this Site, you consent to the exclusive jurisdiction of the state and federal courts located in North Carolina, in all disputes arising out of or relating to this agreement or use of this Site.

All uses of the pronoun “you” in this Visitor Agreement refer to you, the user of the Site and all used of the pronoun “we” in this Visitor Agreement refer to the Company.

In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.

By using the Site, you agree to abide by the Terms of Use contained in this Visitor Agreement. We hope you enjoy using the Site, and we welcome suggestions for improvements. Thanks for making PetsTV.com part of your pet owning and web experience!

Last updated Nov. 17, 2004