Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS PORTAL.

By using this Portal, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this Portal!

VetScene, Inc. ("VetScene") may revise and update these Terms and Conditions at any time. Your continued usage of the VetScene ProActive Portal webPortal ("VetScene Portal," or the "Portal,") will mean you accept those changes.

This Portal does not provide medical or veterinary advice. The contents of the VetScene Portal, such as text, graphics, images, information obtained from VetScene's licensors, and other material contained on the VetScene Portal ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional veterinary advice, diagnosis, or treatment. Always seek the advice of your veterinarian with any questions you may have regarding an animal’s condition. Never disregard professional veterinary advice or delay in seeking it because of something you have read on the VetScene Portal!

If you think you may have a veterinary emergency, call your veterinarian immediately. While we have no reason to believe that any information contained on this web Portal is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web Portal. Reliance on any information provided by VetScene, VetScene’s advertisers, or other visitors to the Portal is solely at your own risk.

VetScene authorizes you to view or download a single copy of the material on the VetScene Portal solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2010, VetScene, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the VetScene Portal may be included elsewhere within the Portal and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with VetScene or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of VetScene. All rights not expressly granted herein are reserved to VetScene and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

The use of the VetScene Portal and the Content is at your own risk. When using the VetScene Portal, information will be transmitted over a medium that may be beyond the control and jurisdiction of VetScene and its suppliers. Accordingly, VetScene assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the VetScene Portal.

The VetScene Portal and the content are provided on an "as is" basis. VETSCENE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, VetScene, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the VetScene Portal or VetScene.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the VetScene Portal.

In no event shall VetScene, its licensors, its suppliers, or any third parties mentioned on the VetScene Portal be liable for any damages (including, without limitation, incidental and consequential damages, animal injury or death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the VetScene Portal or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not VetScene, its licensors, its suppliers, or any third parties mentioned on the VetScene Portal are advised of the possibility of such damages.

The personal and/or financial information submitted to VetScene is governed by the VetScene Privacy Policy. To the extent there is an inconsistency between this Agreement and the VetScene Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

You agree that you will not send or transmit to VetScene by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to VetScene by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to VetScene by email, you automatically grant -- or warrant that the owner of such content or intellectual property has expressly granted -- VetScene a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. VetScene may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to VetScene by email. We try to answer every email in a timely manner, but are not always able to do so.

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web Portal URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the VetScene Portal, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the VetScene Advertising Policy and the VetScene Privacy Policy.

You agree that you will not upload 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 this Web Portal.

By uploading any media like a photo or video, (a) you grant to VetScene a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes VetScene to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify VetScene and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

VetScene reserves the right to review all media prior to submission to the Portal and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Home Delivery Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Home Delivery Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying VetScene of such charges. You agree that VetScene may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Home Delivery Service. All Home Delivery Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. VetScene reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Home Delivery Service at any time.

If you use a Public Area, such as a chat room, message boards, blogs or member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. VetScene and its licensors are not responsible for the consequences of any communications in the Public Areas. If you think you have a pet health emergency, call your veterinarian immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by VetScene in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code
9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or "spamming"; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Portal, or which, in the judgment of VetScene, exposes VetScene or any of its customers or suppliers to any liability or detriment of any type.

VetScene reserves the right (but is not obligated) to do any or all of the following:

1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s)do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive,lilegal, or disruptive, or that otherwise fali to conform with these Terms and Conditions
4. Terminate a user's access to any or all Public Areas and/or the VetScene Portal upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on the VetScene Portal, regardless of whether such communication(s) violate these standards.

VetScene or its licensors have no liability or responsibility to users of the VetScene Portal or any other person or entity for performance or nonperformance of the aforementioned activities.

VetScene may provide links to third-party websites. VetScene does not recommend and does not endorse the content on any third-party website. VetScene is not responsible for the content of linked third-party sites or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. VetScene does not endorse any product, service, or treatment advertised on the VetScene Portal.

You agree to defend, indemnify, and hold VetScene, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

VetScene is based in Lawrenceville, Georgia, in the United States of America. VetScene makes no claims that VetScene, VetScene ProActive Portal, or any website within the VetScene Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the VetScene Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with VetScene, or in any way relating to your use of the VetScene Portal, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving VetScene or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you believe any materials accessible on or from the Portal infringe your copyright, you may request removal of those materials (or access thereto) from this web Portal by contacting VetScene's copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that wlil allow us to locate the material.
3. Your name, address, telephone number and (if avaliable) e-mali address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

VetScene's agent for copyright issues relating to this web Portal is as follows:
VetScene, Inc.
94 East Crogan Street
Lawrenceville, GA 30045

In an effort to protect the rights of copyright owners, VetScene maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Portal who are repeat infringers.

Except as expressly provided in a particular "legal notice" on the VetScene Portal, these Terms and Conditions and the VetScene Privacy Policy constitute the entire agreement between you and VetScene with respect to the use of the VetScene Portal, and Content.