TERMS OF USE - DOGS 007 ("DOGS007.com") 1. ACCEPTANCE OF TERMS
Welcome to DOGS 007. Dogs007.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Dogs007.com services, you and Dogs007.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Dogs007.com may also offer other services that are governed by different Terms of Service. For instance, different terms apply to our Classifieds, Forums, Info Center, Directory database, Pedigree database on Dogs007.com, members of Dogs007.com. Registered users.
2. DESCRIPTION OF SERVICE
Dogs007.com currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Dogs007.com to provide the Service. You also understand and agree that the service may include certain communications from Dogs007.com, such as service announcements, administrative messages and the Dogs007.com Newsletter, and that these communications are considered part of Dogs007.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Dogs007.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Dogs007.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that Dogs007.com has created certain areas on the
Service that contain adult or mature content. You must be at least 18
years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dogs007.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dogs007.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Dogs007.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Dogs007.com Family Account. When you create a Dogs007.com Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Dogs007.com Family Account. By adding a child to your Dogs007.com Family Account, you also give your child permission to access all of the Services including, email, message boards, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
4. Dogs007.com PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at PRIVACY POLICY.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account and are fully
responsible for all activities that occur under your password or
account. You agree to (a) immediately notify Dogs007.com of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of
each session. Dogs007.com cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Dogs007.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Dogs007.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Dogs007.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for 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 Service.
You agree to not use the Service to:
You acknowledge that Dogs007.com may not pre-screen Content, but
that Dogs007.com and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that
is available via the Service. Without limiting the foregoing, Dogs007.com and its designees shall have the right to remove any
Content that violates the TOS 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 Dogs007.com or submitted to Dogs007.com, including without limitation information in Dogs007.com
Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Dogs007.com 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: (a) comply with legal process;
(b) enforce the TOS; (c) respond to claims that any Content violates the
rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of Dogs007.com, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials to
be protected, and use of these materials is subject to usage rules set
by Dogs007.com and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the usage
rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Dogs007.com does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas
of the Service, you grant Dogs007.com the following world-wide,
royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the Dogs007.com network of properties that are intended by Dogs007.com
to be available to the general public. By way of example, publicly
accessible areas of the Service would include Dogs007.com Message
Boards and portions of Dogs007.com Classifieds, Photos and Briefcase
that are open to both members and visitors. However, publicly accessible
areas of the Service would not include portions of Dogs007.com
Classifieds that are limited to members, Dogs007.com services intended
for private communication such as Dogs007.com Mail or Dogs007.com
Messenger, or areas off of the Dogs007.com network of properties such
as portions of World Wide Web sites that are accessible through via
hypertext or other links but are not hosted or served by Dogs007.com.
9. INDEMNITY
You agree to indemnify and hold Dogs007.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
(including your Dogs007.com Registration identity I.D.), use of the
Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Dogs007.com may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board postings
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may be sent
from or received by an account on the Service, the maximum disk space
that will be allotted on Dogs007.com's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that Dogs007.com has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that Dogs007.com reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that Dogs007.com reserves the right to modify these general practices and
limits from time to time.
12. MODIFICATIONS TO SERVICE
Dogs007.com reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that Dogs007.com shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that Dogs007.com may, under certain circumstances and
without prior notice, immediately terminate your Dogs007.com user
account, any associated email address, and access to the Service. Cause
for such termination shall include, but not be limited to, (a) breaches
or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, and (f) extended
periods of inactivity. Termination of your Dogs007.com account
includes (a) removal of access to all offerings within the Service,
including but not limited to Dogs007.com Mail, Classifieds, Forums,
Directory, Pedigree Database, Domains, Personals, Auctions, Message
Boards, (b) deletion of your password and all related information, files
and content associated with or inside your account (or any part
thereof), and (c) barring further use of the Service. Further, you agree
that all terminations for cause shall be made in Dogs007.com's sole
discretion and that Dogs007.com shall not be liable to you or any
third-party for any termination of your account, any associated email
address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through our website
(Dogs007.com), including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that Dogs007.com shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on
the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Dogs007.com has no control
over such sites and resources, you acknowledge and agree that Dogs007.com is not responsible for the availability of such external
sites or resources and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that Dogs007.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
16. Dogs007.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the Dogs007.com and any necessary
software used in connection with the programming ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or information
presented to you through the Dogs007.com or service or advertisers is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by Dogs007.com or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
Dogs007.com will not grant you a personal, non-transferable and
non-exclusive right and license to use the object code of its Dogs007.com, software on a single computer; or allow any third party
to copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right
in the Dogs007.com website or software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by Dogs007.com for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOGS007.com SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF DOGS007.com HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, , classifieds, forums, messages, alerts or other information from
the Dogs007.com or Service concerning companies, please read the above
Sections 17 and 18 again. They go doubly for you. In addition, for this
type of information particularly, the phrase "Let the investor beware"
is apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing
purposes. Dogs007.com and its licensors shall not be responsible or
liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service and shall not be
responsible or liable for any trading or investment decisions made based
on such information.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third party beneficiaries to this Agreement.
22. NOTICE
Dogs007.com may provide you with notices, including those regarding
changes to the TOS, by either email, regular mail, or postings on the
Service.
23. TRADEMARK INFORMATION
The Dogs007.com, Dogs007.com LOGO, Dogs007.com CLASSIFIEDS, Dogs007.com SERVICES, Dogs007.com FORUMS/MAIL Dogs007.com JOBS, Dogs007.com MESSAGE BOARDS, Dogs007.com DIRECTORY, trademarks and
service marks and other Dogs007.com logos and product and service
names are trademarks of Dogs007.com. a division of VERY PROUD COMPANY LLC.
(the "Dogs007.com Marks"). Without Dogs007.com's prior permission,
you agree not to display or use in any manner, the Dogs007.com Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
Dogs007.com respects the intellectual property of others, and we
ask our users to do the same. Dogs007.com may, in appropriate
circumstances and at its discretion, disable and/or terminate the
accounts of users who may be repeat infringers. If you believe that your
work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated,
please provide Dogs007.com's Copyright Agent the following
information:
Dogs007.com's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail:
Very Proud Company. (Copyright Agent)
c/o Dogs007 Inc.
14360 Arfsten Road
Larkspur, CO. 80118 USA
25. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement
between you and Dogs007.com and govern your use of the Service,
superseding any prior agreements between you and Dogs007.com. You also
may be subject to additional terms and conditions that may apply when
you use or purchase certain other Dogs007.com services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between
you and Dogs007.com shall be governed by the laws of the State of
Colorado without regard to its conflict of law provisions. You and Dogs007.com agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Douglas, Colorado.
Waiver and Severability of Terms. The failure of Dogs007.com
to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree
that your Dogs007.com account is non-transferable and any rights to
your Dogs007.com I.D. or contents within your account terminate upon
your death. Upon receipt of a copy of a death certificate, your account
may be terminated, and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
26. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.