PuppyViewer.com is owned and operated by Insight eSolutions. To use the website, you must agree to the following terms and conditions (“Terms”). This information is important and affects your legal rights so please read these Terms carefully.
Agree to these Terms, as updated from time to time;
Agree to all applicable laws and regulations governing your use of the Platform or our services; and
Warrant and represent that you have the right, authority and capacity to agree and be bound by these Terms.
If you do not agree with these Terms, you must immediately delete your account and discontinue your use of the Platform and the Puppyviewer Services.
Because the Platform may contain a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific application, product, or service. To the extent those supplemental terms conflict with these Terms, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
Description of the Platform and the Services
The Platform is an internet community and its general function is to allow Users to share information with other Users through User Pages (defined below). The Platform also allows certain Users (“Customers”) to connect with other Users that provide certain Services (“Service Providers”). Service Providers may include animal breeders, groomers, massage therapists, etc. Service Providers are independent from the Platform and are in no way affiliated with or employees or agents of Puppyviewer.
For some Services, the Platform also allows Customers to schedule appointments with Service Providers through the Service Provider’s User Page (“Schedules”). These Schedules are for convenience only. Customers and Service Providers are responsible for confirming appointments with each other.
Disclaimer: Use the Platform at Your Own Risk
You acknowledge and understand that Puppyviewer does not provide the Services to Customers directly but that through the Platform, we provide a venue whereby Customers and Service Providers may connect. Puppyviewer is not a party to any contract for Services from a Service Provider.
Puppyviewer makes no representation regarding nor does it warrant or endorse:
any of the Services; and
the accuracy or completeness of any information (including Schedules), text, data, comments, postings, submissions, graphics, music, sound, pictures, videos, and any other material and content (“Content”) on the Platform, including in connection with the business or breeding (if applicable) practices of Service Providers.
For Customer information on how to make a responsible decision in selecting a breeder please see our FAQ section.
WE TRY TO KEEP THE PLATFORM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. WE DO NOT GUARANTEE THAT THE PLATFORM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE PLATFORM WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. PUPPYVIWER IS NOT RESPONSIBLE FOR THE ACTIONS AND CONTENT OF USERS OR THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (“PUPPYVIEWER PARTIES”) FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY CLAIM YOU HAVE AGAINST ANY USERS OR THIRD PARTIES.
Registration and Account Security
In order to use the Platform, you must register for an account with the Platform. Each User account will be associated with a webpage (“User Page”) in which you can post Content that may be viewed by other Users. Users will be able to control who may view and post to their User Page by adjusting their privacy settings. You are responsible for all of the Content you post on the Platform including on your User Page.
Users must provide their real names and information. You also agree to:
not provide any false personal information on the Platform, or create an account for anyone other than yourself without permission;
not create more than one personal account;
not create another account without our permission if we disable your account for any reason;
not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
not transfer your account to anyone without first getting our written permission; and
maintain accurate and up to date account information.
We may require you to provide us with proof of identity from time to time. The inability of a User, for any reason at all, to keep an updated account or provide us with proof of identity upon a reasonable request, may at Puppyviewer’s sole discretion, result in the suspension or termination of your account.
Restrictions on Use of the Platform
You are responsible for any Content you provide using the Platform. Puppyviewer tries to keep the Platform a safe and helpful environment for Users to interact. You agree that when using the Platform and Services, you will not, nor will you direct, aid, or encourage any other individual to do any of the following (collectively “Restrictions”):
engage or communicate with us or our staff and agents, other Users, or any other party in the course of using the Platform or Services in a manner that is offensive, abusive, threatening, obscene, or indecent;
copy, reproduce, alter, modify, or make available to the public any part of the Platform or Content delivered to you via Platform (except Content owned by you);
misuse, hack, vandalize, penetrate the security of, or hijack the Platform including for example collecting Users’ Content, or otherwise access the Platform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
upload viruses or other malicious code to the Platform;
use the Platform to import or copy any files you do not have the legal right to import or copy;
re-sell, lease or rent of any part of the Platform or Services;
use the Platform to do anything unlawful, misleading, malicious, or discriminatory such as posting Content to the Platform that is defamatory, false, misleading, offensive, abusive, defamatory, racist, pornographic or obscene, or breaches the rights (including intellectual property rights, privacy rights or proprietary rights) of Puppyviewer or a third party;
engage in unlawful multi-level marketing, such as a pyramid scheme, on the Platform;
post unauthorized commercial communications (such as spam) on the Platform; and
otherwise use the Platform or Services for a purpose or manner which is not expressly permitted under these Terms or violates any applicable laws.
If we believe you have violated these Terms, including any of the Restrictions, in addition to our right to terminate set out in Section 12 we may take any and all of the following actions:
immediate, temporary or permanent removal of any Content posted or submitted by you to the Platform;
commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Confidentiality of Personal Information
Service Providers agree to keep confidential all Personal Information obtained through the Platform, not disclose such Personal Information to other Users or other third parties, and use such Personal Information only to the extent necessary to provide the Services requested. To the extent necessary, Service Providers may disclose Personal Information to a subcontractor provided the subcontractor is bound by substantially similar confidentiality and use terms regarding such Personal Information.
From time to time, Puppyviewer or Service Providers may send promotional communications about Services that may interest you via text messaging, email, or phone. You can consent to receive promotional communications from Puppyviewer either during registration or emailing [***insert email***]. You may opt-out of receiving promotional content at any time by using the unsubscribe mechanism in our emails or texts.
User License: The Platform is owned and operated by Puppyviewer or Puppyviewer’s licensors. Puppyviewer gives you a limited right to access and use the Platform and the Services subject to these Terms. This license is for your personal use, cannot be transferred and it may be revoked at any time. Nothing in these Terms gives you a right to use the Puppyviewer name or any of the Puppyviewer trademarks, logos, domain names, and other distinctive brand features.
Except for Content you have submitted or posted to the Platform, you may not alter, archive, copy, reproduce, duplicate, publish, transmit, adapt, display, modify or otherwise use or distribute any Content on the Platform unless specifically authorized by us.
Puppyviewer License: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post or submit on or in connection with the Platform (“User Content License”). This User Content License ends when you delete your Content or your account and we will not continue to use your Content; however, we will not delete your Content that has been shared with other Users.
Fees and Payment Policy
Customers: Using the Platform is generally free for Customers but in some cases we may charge fees for certain goods or services. If the goods or services you use charge a fee, you will be able to review and accept that charge before completing the purchase.
Service Providers: Service Providers may also access the Platform free of charge. However, should a Service Provider choose to advertise its Services on the Platform, the fee to post the sale of Services on the Platform are set out on our pricing page.
Our fees are quoted in Canadian Dollars, and we may change them from time to time. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit or terminate your ability to use the Services. If you are unable to pay our fees on time, including if your payment method fails, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance). You may pay using a credit card (Visa, MasterCard).
Limitation of Liability
You agree that your sole and exclusive remedy against Puppyviewer for any problems or dissatisfaction with the Platform or the Services, is to uninstall and to stop using the Platform.
THE PUPPYVIEWER PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES RELATING TO OR IN CONNECTION WITH THESE TERMS, THE PLATFORM OR SERVICES, EVEN IF THE PUPPYVIEWER PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE PUPPYVIEWER PARTIES RELATING TO OR IN CONNECTION WITH THESE TERMS, THE PLATFORM OR SERVICES WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
Third Party Links and Charges
The Platform may contain references or links to third party websites. You acknowledge and agree that Puppyviewer does not control and is therefore, not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the Content, products, or services on or available from such websites. We also do not endorse the Content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
Access to the Platform is free for Customers, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
Termination and Suspension
You agree that these Terms will continue to apply until terminated by either you or Puppyviewer.
Puppyviewer termination: You agree that we can stop (either temporarily or permanently) providing all or part of the Platform to you and terminate these Terms any time for any reason, including if we believe you have violated these Terms. If Puppyviewer terminates or suspends your access to the Platform, you agree that Puppyviewer will have no liability or responsibility to you and no amounts will be refunded to you by Puppyviewer that you have already paid, to the fullest extent permitted under applicable law.
Your termination: You may terminate these Terms at any time by deleting your account and discontinuing your use of the Platform and Services.
You agree that you will resolve any claim, controversy, disagreement or dispute (“Dispute”) you have with us relating to or in connection with these Terms, Platform or Services in accordance with this Section. The laws of the Province of Ontario will govern the Dispute, without regard to conflict of law provisions. Upon either User or Puppyviewer providing notice of a Dispute to the other party, the parties will first attempt to resolve the Dispute through good faith negotiation for at least fifteen (15) days.
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Puppyviewer intellectual property rights, any Dispute arising out of or relating to these Terms, Platform, or the Services shall be settled by binding arbitration before a single arbitrator and in accordance with the provisions of the Ontario Arbitration Act. Any such Dispute shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any Dispute of any other party. The arbitration shall be held in Toronto, Ontario, Canada, without giving effect to any principles that may provide for the application of the laws of another jurisdiction. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business or confidential information and will not be disclosed without the prior written consent of the party disclosing such information.
Any award granted by the arbitrator shall be the sole and exclusive remedy of the parties and may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
If anyone brings a claim against us related to your actions, Content or information on the Platform, you will defend, indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
These Terms constitute the entire agreement between a User and Puppyviewer and supersede any prior agreements, whether written or oral, in relation to the subject matter and to the extent that there is any conflict between any additional terms and conditions associated with Puppyviewer or the Platform and these Terms, the Terms shall control. If we don’t enforce any particular provision, we are not waiving our right to do so later.
Any amendment to or waiver of these Terms other than that made under Section 16, must be made in writing and signed by us.
Amending the Terms
We may revise these Terms from time to time, the most current version on this page. We will notify you of an update by posting it on the home page of our website or e-mail to the email associated with your account. By continuing to access or use the Services after such notification has been provided, you agree to be bound by the revised Terms. Any new Services which are added to the Platform shall also be subject to the Terms.
Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Puppyviewer may assign any rights or obligations under these Terms or any part of them without restriction including without your consent. You may not assign any rights or obligations under these Terms or any part of them without Puppyviewer’s prior written approval. These Terms shall inure to the benefit of permitted successors and assigns.
Waiver of class action trial
You hereby waive any right to a trial by way of a class action, in connection with any Dispute arising out of or related to these Terms, the Platform or Service.