Terms of Service
Welcome to Virtual Pups, owned and
operated by 1413229 Ontario Inc. ("1413229"), and located at Unit 323, 639 Dupont St,
Toronto, Ontario, M6G 1Z4, Canada. We would like to thank you in
advance for your interest in Virtual Pups and we'd like to make sure all players
and members of the Virtual Pups community are treated fairly. In order to register
for Virtual Pups (the "Service"), and to be a member of the Virtual Pups
community, you must accept the following terms and conditions. If you don't
understand these terms, you should review them with your parent or guardian.
Parents who grant permission for their children to participate on Virtual Pups,
must also adhere to these terms and make sure your children do as well.
This is a legal agreement between you and 1413229. You represent that you are 13
years old or older. Additionally, if you are between the ages of 13 and 18, you
represent that your legal guardian has reviewed and agrees to these Terms. If
we determine you are under 13 years of age and using Virtual Pups without
parental consent, your account will be suspended. By accessing and using the Virtual
Pups website you are legally bound by these Terms and Conditions. If you do not
agree to these Terms, please do not use this website.
Site Policies, Modifications and
At our sole discretion, we reserve
the right to change, modify, add to, delete, or otherwise alter these Terms and
Conditions at any time. Such changes and/or modifications shall be effective
immediately upon their posting and can be viewable by periodically clicking on
this link. We will notify you of any modifications to these Terms with one or
both of the following methods: 1) we will post any modifications on
www.virtualpups.com or within the Service, and/or 2) we will send you a message
informing you of the modified terms and linking you to the posting at
www.virtualpups.com. You agree that you will, 1) periodically check
www.virtualpups.com for updates to these Terms, and 2) you will read the messages
we send you to inform you of any changes. Please print a copy of this agreement
for your records. Continued use of Virtual Pups following the posting of
changes and/or modifications will constitute your acceptance of the revised
License and Site Access
1413229 grants you access to make
personal use of this site but not to download (other than page caching) or
modify it in any way, other than normal usage or in the public areas that are specifically
designed for community feedback. This license does not include any resale or
commercial use of this site or its contents. This site or any portion of this
site may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without express written consent
of 1413229. Any unauthorized use terminates the permission or license granted by 1413229.
You are granted a limited,
revocable, and nonexclusive right to create hyperlinks to Virtual Pups pages so
long as the links do not portray Virtual Pups or its suppliers or their
products or services in a false or misleading manner.
1413229 has the right to change, edit,
modify, delete or discontinue (a) any feature, function, description, process,
art, images, and / or format on Virtual Pups (b) any part of all of Virtual
Pups website and/or applications, (c) restrict access to parts of all of Virtual
Pups at any time without notice. Simply put, we may change this site or delete
content or features or any services provided in any way or any time and for any
reason or no reason.
Use of Content
All content included on Virtual
Pups and other 1413229 Websites, applications, and portals such as text, graphics,
logos, icons, images, photographs, audio clips, video clips, digital downloads,
data compilations, and software, is the sole property of 1413229 Selection,
coordination and arrangement of all content on this site is the exclusive
property of 1413229 and is protected as a compilation by Canada, U.S. and
international copyright laws. All software or services used on this site or in
conjunction with the Services are the property of 1413229 or its software suppliers
and is protected by Canada, United States and International copyright laws.
You are granted access and use of Virtual
Pups and the Public and Member Materials for personal, non-commercial use only.
You are not permitted or authorized to copy, reproduce, republish, post,
transmit, or distribute Materials (or any portion thereof) in anyway for
commercial use. You may not use Virtual Pups materials in a manner that
suggests an association with 1413229 products or services or make any modifications
to any 1413229 Materials other than as expressly permitted by us.
In addition, you agree that you
shall not (1) download or copy any Virtual Pups pages, except through the
normal caching function of your browser and except to print and retain a copy
of the pages for your own personal, non-commercial use; (2) copy or capture and
repurpose Virtual Pups information for the commercial benefit of you or a third
party; (3) make any resale or commercial use of Virtual Pups; (4) publish any
collection or compilation of any product listings, descriptions, or prices; (5)
create any derivative work of this Website or its contents; (6) use any data
mining tools, robots, or similar data-gathering and extraction devices with
respect to this Website and the information contained thereon; (7) use framing
techniques to enclose any trademark, logo, trade name or other content
(including images, text, page layout or form) of 1413229 or its licensors; or (8)
use any meta tags or any other "hidden text" utilizing the trademarks, logos,
trade names or content of 1413229 or its licensors.
Any images, audio clips, video
clips, files, data, etc., incorporated in or generated by the application or
software are licensed to your for your personal, non-commercial home use
pursuant to a personal, non-exclusive, non-assignable, non-transferable
license. 1413229 retains full and complete title to the Virtual Pups applications,
software, art, and intellectual property rights therein. You may not
redistribute, sell, reverse engineer, disassemble or otherwise render the
application or software. Any unauthorized or prohibited use may subject you to
a civil liability and criminal prosecution under applicable laws.
If you want to copy, reproduce,
republish, or distribute Materials (or any portion thereof) in any way or by
any means for non-commercial use, you must contact 1413229 for permission and
attribute 'Copyright 2015 1413229 Ontario Inc. All Rights Reserved. Used With
Permission' or " 2015 1413229 Ontario Inc. All Rights Reserved. Used with
Permission' on every page or instance of Virtual Pups and 1413229's Public and
ember Materials and keep intact other proprietary notices. Without proper 1413229
authorization of use of Materials or Modified Materials is a violation of 1413229
copyright and other proprietary rights. Use of any 1413229 Materials on web pages,
sites, presentations, videos or documents that contain third party endorsements
of a religious, political, or social orientation, promotions, products, games,
services, or other inappropriate content is strictly prohibited. Furthermore,
you agree not to reproduce, modify, create derivative works from, reverse
engineer, display, publish, distribute, broadcast, sell, disassemble or
circulate any Materials to any third party (including but not limited to
displaying and distributing the Materials via a third party) without 1413229's
prior written consent. Unauthorized or prohibited exploitation of Virtual Pups
aterials will result in deletion of the offender's account from the Site and
may be subject to civil liability and criminal prosecution under applicable
federal and state laws.
Comments, Communications, and
Use of Virtual Pups includes your
ability to chat or participate in blogs, message boards, online forums and
other functionality and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute or broadcast content and
materials to 1413229 and/or to or via Virtual Pups, including, without limitation,
text, writings, photographs, graphics, comments, suggestions or personally
identifiable information or other material (collectively "User
Content"). Any material you transmit to Virtual Pups and/or 1413229 will be
treated as non-confidential and non-proprietary.
You agree that your User Content
is wholly original to you and you exclusively own the rights to your User
Content, including the right to grant all of the rights and licenses in these
Terms without 1413229 incurring any third party obligations or liability arising
out of its exercise of the rights thereto granted herein by you.
You grant to 1413229 the unrestricted,
unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and
royalty-free right and license to host, use, copy, distribute, reproduce,
disclose, sell, resell, sublicense, display, perform, transmit, publish,
broadcast, modify, make derivative works from, retitle, reformat, translate,
archive, store, cache or otherwise exploit in any manner whatsoever, all or any
portion of your User Content to which you have contributed, for any purpose
whatsoever, in any and all formats; on or through any and all media, software,
formula or medium now known or hereafter known; and with any technology or
devices now known or hereafter developed and to advertise, market and promote
1413229 has no obligation to monitor
or enforce any intellectual property rights that may be associated with your
User Content, but 1413229 does have the right to enforce such rights through any
means it sees fit, including bringing and controlling actions on your behalf.
1413229 has no obligation to accept,
display, review, monitor, or maintain any User Content. 1413229 reserves the right
(but not the obligation) to remove or edit User Content from Virtual Pups
without notice for any reason at any time. 1413229 may move, re-format, edit,
alter, distort, remove or refuse to exploit User Content without notice to you
and without liability; provided, however, that 1413229 reserves the right to treat
User Content as content stored at the direction of users for which 1413229 will not
exercise editorial control except to enforce the rights of third parties and
the Content Restrictions set forth below when violations are brought to 1413229's
Rules of Conduct
1413229 reserves the right to
permanently terminate any account for any reasons not limited to the following,
(a) if you use cheat programs or cheat methods while playing Virtual Pups,
including non-Virtual Pups software or programs. If we deem your actions or
behavior as 'cheating' or if you do not follow the guidelines or intended
processes put forth. Furthermore, 1413229 reserves the right modify or terminate
any account or to change the content of Virtual Pups in any way and at any
time, with or without notice to you, without liability.
Virtual Pups allows posting and
exchange of information, ideas, and opinions ('posts') in forums, message
boards, and personalized descriptions within the Virtual Pups application.
Please be advised that posts do not necessarily reflect the view or opinions of
1413229 Although we do periodically monitor exchanges and posts, in no way does 1413229
assume responsibility or have liability for any posts or entries or any claims,
damages, or losses resulting from use and / or appearance on or affiliated with
Virtual Pups. 1413229 will make good faith effort to ensure that these public areas
serve the best interest of all users. Thus, we reserve the right to edit,
delete, or refuse posts, entries, descriptions, or commentaries as we see fit.
Posts that violate these Terms and Conditions may result in revoking privileges
of those who do not comply. 1413229 also reserves the right to contact any third
party with possible interest in preserving the safety of users (such as the law
enforcement or schools) regarding the content of any post or communications.
PLAYER MAY NOT USE THE VIRTUAL
PUPS GAME SERVICES TO:
threaten or embarrass another Player of the Services or to cause distress,
unwanted attention or discomfort of such Player, or any other person or entity.
Virtual Pups/1413229 does not condone harassment in any form and may suspend or
terminate the account of any Player who harasses others. Personal attacks, such
as those based on a person's race, national origin, ethnicity, religion,
gender, lifestyle choice,age, disablement or other such affiliation, are
or transmit sexually explicit images, or point to or reference such images.
or participate in any clubs or groups that are based on, or espouse, any
racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering
any unlawful, harmful, threatening, abusive, obscene, vulgar, harassing, and
defamatory, hateful, racially, ethnically or otherwise objectionable content.
any person, including, but not limited to Virtual Pups/1413229 employees or hosts.
in "disruptive behaviour" in chat areas, game areas, bulletin boards,
or any other area of the Virtual Pups/1413229 Services. Disruptive behavior shall
be deemed to include, but will not be limited to, conduct which purposefully
interferes with the normal flow of gameplay or dialogue in a services area.
Disruptive behavior shall also include, but not be limited to, commercial
postings, solicitations and advertisements.
or transmit chain letters or pyramid marketing schemes. This type of material
places an unnecessary load on the Virtual Pups/1413229 Services and is considered a
nuisance by many members. Certain types of chain letters and pyramid schemes
are also illegal. Such prohibited conduct includes, but is not limited to, the
transmission of letters or messages which offer a product or service and which
are based on the structure of a chain letter.
or transmit unsolicited advertising, promotional materials, or other forms of
any operating rule, policy or guideline of any other online service. Player
further agrees to abide by the rules of Player's Internet service provider.
intentionally or unintentionally, any applicable local, state, national or
international law or regulation.
any files that Virtual Pups/1413229 does not specifically authorize Player to
modify. Use of material which is subject to the rights of any person or entity
without the express permission of such rights holder is prohibited, and will
result in the termination of Player's membership and possible civil and/or
or exploit bugs, undocumented features, design errors or problems in the game
collectively referred to as Problems. Player acknowledges and agrees to report
all problems, errors or bugs in the game to Virtual Pups/1413229 as soon as they
are found as their continued use can damage the enjoyment of the game for all
its players. Virtual Pups/1413229 will do everything within their power to fix
these types of issues in a timely manner, and will give all customers and
members the benefit of the doubt when dealing with these problems.
any scripting or macroing tools, hardware or software that may be damageable to
any game hacking/altering/cheating software or tools. Use of these types of
programs will result in immediate termination of the Account and may subject
you to civil and/or criminal liability.
disassembly or modification of any of the Virtual Pup's executable code,
databases and/or files. Nor may you interfere with or attempt to decipher any
transmissions to or from the servers running Virtual Pups/1413229. Doing this will
result in immediate termination of the Account and may subject you to civil
and/or criminal liability.
in any behavior that is contrary to the 'spirit of the game' as defined by
Virtual Pups/1413229 in its sole discretion.
Virtual Pups kennel on any server or service that is not provided or authorized
by Virtual Pups/1413229.
may NOT use duplicate accounts as in any ways to promote or benefit another
is not an excuse for violating any policy.
any materials created by someone else without proper written permission to do
user passwords or transmit personal or private information that might identify
" Link to our site or placing hyper links to
other sites for monetary gain or public affiliation or recognition
" Spam or advertisements (free or paid in
money) or solicitations of any kind or nature
" 'Cheat' or 'hack' programs that extract
information or data from Virtual Pups and/ or 1413229 applications or websites.
" Posting 'How to' information or links on
how to cheat, hack, or extract information or data from Virtual Pups and/ or 1413229
applications or websites
" Attempting to use Virtual Pups in a
fraudulent manner, including but not limited to cheat codes, algorithms,
multiple identify tactics, exploits or similar measures to gain, or attempt to
gain unearned PlayCash, items, pets, or access to Virtual Pups or information
or images that have not officially been announced or made public properly by 1413229
" Attempt to circumvent the security systems
of Virtual Pups
" Upload or submit any data or information
containing viruses or other code designed to corrupt, interrupt, destroy or
limit the functionality, software, hardware, telecommunications, networks,
servers or other equipment.
" In sole discretion, anything 1413229 sees as
inappropriate or not ok for this site.
" You (and your guardians if under the age of
18) authorize us to use your Posts and submissions (opinions and materials) in
whole or in part throughout the universe in perpetuity in any form, medium or
technology. You also grant 1413229 the right to change the postings or submissions
in any matter if so desired.
" 1413229 cannot and will not assure that other
users are or will comply with the Rules of Conduct or any other provisions of
these Terms and Conditions, and between you and us, you therefore assume all
risk of harm or injury resulting from the lack of compliance.
If you as any player (customer
or not) are experiencing harrasment from another player or witness any of the
above rules being violated please report them to Virtual Pups Immediately!
are only permitted one active account in this game unless you have
upgraded an account to a sponsor, then you are granted 10.
- Players may not enter more than four
dogs in one event.
- Creating additional kennels when
already suspended may result in banning of all accounts/kennels and/or
your complete access to this website.
Specific Rules for your kennel
& public pages (any custom HTML pages, images or sections)
- All of the below Rules of Conduct
and Prohibited Conduct Apply to your custom pages!!!
- No chat rooms allowed, this is a
liability for us, sorry!
- No posting multi media embeded code
like movies, videos, java applets and flash. You will be warned once and
your ranch layout will be removed, if you post it again you may be banned.
- Your custom pages must represent the
game, no personal homepages, and adds for other websites are not allowed.
We will make exceptions in the case of having to give credit for source
codes, pictures, or linking to a complimentary website that may help
others build their pages. This will be up to the discretion of 1413229
Representatives to decide what is right and wrong.
- All international copyright laws and
intellectual property laws apply to your pages and pictures. Violating these
laws may result in civil fines and/or imprisonment. We may enforce any
violations we see by removing code or editing your page.
- Breaking the rules excessively will
not only result in your the suspension of your use of this game, but will
also result in this game feature being taken away for everyone.
- 1413229 may edit or remove your custom
descriptions, code, images, or html with out notice if we see any violations
of the rules or feel your page is inappropriate in any way.
- Scamming of any form, threats of any
form, or posting false information especially in the case in which you
maintain 1413229 is responsible may result in immediate termination of your
account or access of these features.
- Many media objects are not allowed
such as java applets, music videos, and will be removed if need be. You
will be warned once afterwards, then banned if you repost the content.
Virtual Pups 'currency' is a 'limited
license right' governed solely under the terms of this Agreement, not
redeemable for any sum of money or monetary value from 1413229 at any time. 1413229 may
charge fees for the right to use PlayCash or distribute them at no charge
– in its sole discretion. You agree that 1413229 has the absolute right to
manage, regulate, control, modify, and / or eliminate such 'currency' as it
sees fit, in sole discretion, and will not be held liable to you or any of our
affiliations in result of exercising such right.
You also agree and acknowledge the
1413229 may deny any sale or sell order individually or with respect to general
volume or price limitations set by 1413229 for any reason. In addition, 1413229 may
limit sellers or buyers to any group of users at any time, halt suspend discontinue
or reverse any currency (PlayCash) exchange or transactions (whether proposed,
pending or past) in cases of actual or suspected fraud, violations of other
laws or regulations, or deliberate disruptions or interference with the Service
User Submitted Artwork
By uploading and/or submitting art
to Virtual Pups and 1413229 you are confirming that (a) you are the original
creator and (b) you give 1413229 its affiliates, agents, representatives,
successors and users authorized by 1413229 full rights to use and / or resell the
artwork, modify, adapt, publish, translate, create derivative works from, and
distribute such materials or incorporated such materials into any form, medium
or technology unconditionally, indefinitely, irrevocably, exclusively, and
perpetually, royalty-free, sub-licensable and transferable worldwide license
under all 1413229 copyrights, trademarks, patents, trade secrets, privacy and
publicity rights and other intellectual property rights. In addition, you waive
the so-called 'moral rights' and other rights recognized throughout the world
(including without limitation, the European Economic Community), in those
materials have been waived.
You also understand that posted or
submitted reviews, messages and commentary, may be used by 1413229 for promotional or
educational purposes on Virtual Pups' site or elsewhere and maybe edited,
modified or deleted as 1413229 sees fit.
If you are under 13, you can gain
access to a full set of Virtual Pups features, including social and
communication features like the ability to upload a profile photo, send and
receive messages and post to forums, all via consent from a parent or guardian.
Denial of Access
1413229 has the right and sole
discretion to deny access to any part of Virtual Pups website or applications. 1413229
also retains the right to terminate or suspend your account based on the belief
that you have violated this agreement. The sending of an email notice from 1413229
to any email address used or registered by a person who is subject to denial
shall constitute complete and sufficient notice. Agreeing to these 'Terms and
Conditions' means that you agree to cease and desist immediately from any
attempt to access the site upon issuance of a denial. There will be no refunds
for any unused time on a subscription or any prepaid fees for any portion of
the application or service. You will not be able to cash in your PlayCash or
return purchased items or pets on our site.
Disclaimer of Warranties and
Limitation of Liability
THIS SITE IS PROVIDED BY 1413229 ON AN
'AS IS' AND 'AS AVAILABLE' BASIS. 1413229 MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON
THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, 1413229 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, 1413229 DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE
OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT
DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE OR THAT THIS SITE. 1413229 ALSO DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINTED IN OR FROM THE SITE WILL BE UNINTERRUPTED OR ERROR FREE,
THAT BUGS OR DEFECTS WILL BE CORRECTED, OR THAT VIRTUAL PUPS OR THE SERVERS
THAT MAKE IT AVAILABLE OR COMMUNICATIONS METHODS FROM 1413229 ARE FREE VIRUSES OR
OTHER HARMFUL COMPONENTS.
1413229 IS NOT LIABLE IN ANY WAY FOR
FAILURE OF THE VIRTUAL PUPS SITE OR MOBILE SERVICES INCLUDING (BUT NOT LIMITED
TO) WHERE YOUR MOBILE DEVICE IS NOT COMPATIBLE WITH THE CONTENT YOU HAVE
ORDERED, FOR ANY CONNECTIVITY FAILURE, ERROR RESULTING FROM INCORRECT USER
INFORMATION BEING ENTERED OR SUSPENSION OF SERVICE DUE TO INSUFFICIENT FUNDS.
NOR ARE WE HELD RELIABLE IF ANOTHER PERSON(S) RETRIEVES AND USES YOUR PERSONAL INFORMATION
WITHOUT FAULT OR CAUSE OF 1413229
1413229 WILL NOT BE HELD RESPONSIBLE
FAILURE ARISES FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL (SUCH AS NETWORK
PROVIDERS OR OTHER THIRD PARTY PROVIDERS).
1413229 WILL NOT BE HELD RESPONSIBLE
FAILURE ARISES FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL (SUCH AS NETWORK
PROVIDERS OR OTHER THIRD PARTY PROVIDERS). FINALLY, UNDER NO CIRCUMSTANCES
SHALL WE, OR ANY OF OUR SERVICE PROVIDERS SUPPLIERS, OR PARTNERS BE LIABLE TO
YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOSS OF
PRODUCTION, LOSS OF DATA, LOSS OF GOODWILL OR CREDIT, LOSS OF REPUTATION, LOSS
OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, OR FOR ANY CLAIMS OF PERSONAL
INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND, WHETHER IN CONTRACT,
TORT, STATUTE OR OTHERWISE THAT RESULT FROM (A) THE USE OR INABILITY TO USE VIRTUAL
PUPS OR 1413229 CONTENT, OR (B) THE CONDUCT OR ACTIONS WHETHER ONLINE OR OFFLINE,
OR ANY USER OF VIRTUAL PUPS OR ANY OTHER PERSON OR ENTITY EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
We strive to protect and secure
to keep your data safe, you are additionally responsible for maintaining the
confidentiality of your personal and private information (username(s),
password(s), and account(s), as well as activities that occur under your
You agree to indemnify and hold 1413229
its subsidiaries, affiliates, successors, assigns, directors, officers, agents,
employees, service providers, and suppliers harmless from any dispute that may
arise from your breach of these 'Terms and Conditions' or violation of any
representations or warranties contained herein. You also agree to hold 1413229
harmless from any claims and expenses, including reasonable attorney's fees and
court costs, related to any media or other content you provide to or post on 1413229's
We reserve the right, at our
expense, to employ separate counsel and assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
By visiting Virtual Pups and 1413229's
website(s), applications and portals, you agree that the laws of the Province
might arise between you and 1413229.
Merger or Acquisition
It is possible that as we continue
to develop our website and our business, 1413229 Services and/or related assets, 1413229
might be acquired or transferred as part of a merger. In the event of such a
transaction, you understand and agree that 1413229 may assign its rights under
these Terms and Conditions and that your personal information may be
transferred to the succeeding entity. You will be provided with reasonable
notice and an opportunity to opt-out of the transfer.
The failure of 1413229 to require or
enforce strict performance by you of any provision of these Terms or to
exercise any right under them shall not be construed as a waiver or
relinquishment of 1413229's right to assert or rely upon any such provision or
right in that or any other instance.
Any dispute relating in any way to
your visit to 1413229's websites, applications or portals shall be submitted to
confidential arbitration. To initiate arbitration, you or 1413229 must first send a
written notice via certified mail to the other party indicating intent to
arbitrate. This notice will include (a) a description of the facts; (b) a
description of the nature of the claim; and (c) the Relief Sought. Send notice
to arbitrate to: 1413229 Ontario Inc attn: Legal Counsel, 1135 Adelaide St.
North - 3rd Floor London, Ontario, Canada N5Y 5K7.
Exception is if you have in any
manner violated or threatened to violate 1413229's intellectual property rights, 1413229
may seek injunctive or other appropriate relief in any provincial or federal
court, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules of the Canadian
Commercial Arbitration Act. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction.
Statute of Limitations
You and 1413229 both agree that
regardless of any statute or law to the contrary, any claim or cause of action
be filed within ONE (1) YEAR after such claim or cause of action arose or be
Ads and Malware
We take great care and pride in
creating Virtual Pups applications and services. We strive to identify and fix
bugs and technical glitches that affect how the site works. However, there are
some variables that are out of our control. Such factors can include but are
not limited to (a) the result of Malware [MALicious SoftWARE] on your personal
computer. Malware is a form of software that includes computer viruses, key
loggers, malicious active content, rogue programs and dialers, to name a few,
that is installed with malicious intentions, typically without the owner's
knowledge or permission.
We recommend that you safeguard
your computer with anti-virus software.
Please note, we
cannot be responsible for the effects of any third-party software including
alware on your computer. Please read the Help or Customer Support areas of any
software download sites.
You may discontinue visiting or using Virtual Pups at any time.
If unsatisfied with Virtual Pups Account
upgrades paid to 1413229, please send an email or contact support rep within 14
days by payment received. Once request is evaluated and approved, and payment
has cleared, 1413229 will refund the membership and set the account back to the
previous (unpaid) state. Further assistance: Contact Support If you have paid for PlayCash or items,
you can use the remaining balance in accordance with these Terms unless your
account has been terminated based on our belief that you have violated this
Agreement. There will not be refunds for any unused PlayCash or items for any
portion of Virtual Pups services.
© 2015 1413229 Ontario Inc. All