| Set forth below are the "Dog-gone Terms and Conditions" governing the dogwalkpress.com web site (“the Web Site”) located at, or linked to through, the root URL www.dogwalkpress.com. Please read this page carefully. If you do not accept the Dog-gone Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these terms and conditions. Dogwalkpress.com, (the "Company") owner of dogwalkpress.com, may revise these Dog-gone Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Dog-gone Terms and Conditions, because they are binding on you and may change without notice. The terms "You" and "User" as used herein refer to all persons, pets and/or entities accessing this web site for any reason. Use of site: Use of this website by anyone under 18 years of age is prohibited. Users under the age of 18 may only use the Web Site if such use is affected and handled through a parent or legal guardian. Use of Material. The Company authorizes you to download a single copy of any material on the Web Site solely for your personal, noncommercial use. The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other "Material", are protected under United States and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers, vendors and clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must maintain and retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. Further, the HTML code that is created by the Company while generating its pages is also protected by the Company's copyright. Acceptable Site Use. General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) otherwise prohibited by the Company. Web Site Security Rules: Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. This site is designed for parties who can legally make binding contracts under applicable law. Therefore, minors are not allowed to use this site without permission and involvement of their parents or guardians. Minors who cannot meet these requirements may not use this Web Site. You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Web Site. You are also expected to pay for any state fees or applicable taxes that may be associated with your use of the activities from this Web Site. Specific Prohibited Uses. The Web Site may be used only for lawful purposes by persons (and pets) wanting to use the site’s services as permitted. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: 1. Posting or submitting any incomplete, false or inaccurate information, including, but not limited to, any postings that are sexually explicit or implicit, use derogatory statements or offensive language, are immoral in nature, are harassing or libelous, and/or are unlawful. 2. Posting or submitting any corrupted files, viruses and other software damaging activities. 3. Attempting to gather or solicit other user’s information for any reason not authorized by the Company. 4. Deleting or revising any material submitted or posted by any other person or pet. This includes, but is not limited to, the infringement of any third party’s content or transmission. 5. Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site. 6. Taking any action that imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure. 7. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate, search or alter this Web Site other than the search options available from the Company on this Web Site. 8. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. 9. Aggregating, copying, duplicating or publishing in any manner any of the materials or information available from the Web Site. 10. Framing of or linking to any of the materials or information available from the Web Site. 11. Violating any other posted policy in regards to the use of this Web Site, regardless as to where the policy is located at on the Web Site. The Company reserves the right to terminate your use of this site if you violate any of these prohibited uses. Privacy Policy. The Company cares deeply about online privacy will not disclose to any third party any person’s name, address, e-mail address or telephone number without their prior consent except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company collects user submitted information such as name, pet name, ages, e-mail or other submitted addresses to authenticate users and to send notifications to those users relating to the submission. All data is used to improve the service of the Web Site and for use in further publications and commercial exploitations. THE COMPANY MAY IN THE FUTURE USE COOKIES TO STORE USERS PREFERENCES BUT WILL NOT LINK THE INFORMATION WE STORE ON COOKIES TO PERSONALLY IDENTIFIABLE INFORMATION. The Company reserves the right to offer third party services and products to you; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Policy for further details regarding your Information. The Company does not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described here and in the Privacy Policy. Your personal information and safeguarding it is very important to the Company. Your information is on computers and is protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services and you are forbidden from doing so. All Dog-Gone terms and Conditions are incorporated herein. If you have any questions about this privacy statement, the practices of this Web Site, or your dealings with this Web Site, please contact us at Email Address: publisher@dogwalkpress.com Postal Address: Dogwalk Press c/o Dan Gersten & Associates LLC 12110 Main Campus Drive Lexington, MA 02421 User Submissions. As a user, you are responsible for your own communications and are responsible for the consequences thereof. You must not, and by using this Web Site you agree not to, do the following things (as mentioned above): submit material that is copyrighted, unless you are the copyright owner and consent to such submission and Company’s unrestricted future use thereof; submit material that reveals trade secrets, unless you own them and consent to such submission and Company’s unrestricted future use thereof; submit material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; submit material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; submit a sexually-explicit image or statement; submit advertisements or solicitations of business, submit chain letters or pyramid schemes; or submit material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. It is the responsibility of the user to verify the accuracy of all the information (including personal) submitted or posted by that party to the Web Site. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. As a user, you will be liable for all damages based on your content. You acknowledge that any reliance on material posted by other users will be at your own risk and without Company consent. User shall indemnify and hold Company harmless for any such reliance or use. By submitting content to any public or non-public area of the Web Site, including submissions e-mails, postings, message boards, forums, contests, photographs and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) in your copyright, trademark, publicity and database rights, a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content. This information will only be used in accordance with the Company’s privacy policy. License Grant. If you post or submit material, (unless we indicate otherwise), you grant dogwalkpres.com and its affiliates a royalty-free, non-exclusive, worldwide, non-terminable, perpetual right and license, but not the obligation, to post, display, exhibit, reproduce, mechanically reproduce, modify, adapt, translate, encode, print, distribute, transmit, retransmit, stream, archive, stream on-demand, make available digitally for download and publicly perform, broadcast, rebroadcast, and webcast through any use of Internet based protocols, distribute and publish in any media whether paper, wave, electronic, wireless or broadband means, now known or hereafter devised, your content and Materials. This license applies to any and all content of any sort submitted or in any way posted under the terms in effect at the time of the submission. Copyright Notification in the Event of Possible Infringement. If you believe that your (or any) copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing the Company with the following information: 1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; 2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; 3. Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity; 4. Your name, address, telephone number and, if you have one, your e-mail address; 5. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and a statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either 6.The copyright owner or are authorized to act on behalf of the copyright owner. Termination of Users who Violate the Company's Policies The Company, and all of our affiliated companies respect the intellectual and property and personal rights of others, and we ask our users and content partners to do the same. As a condition to your use of this Web Site, you agree not to use the Web Site to infringe the rights of others in any way. We will block access to our Web Site of any users who cannot abide by the Company’s policies. We reserve the right to take this action at any time, in our sole discretion, with or without notice, and without any liability to the user whose access is blocked. THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON- INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. Links to Other Sites. The Web Site may from time to time contain links to third party web sites. The Company does not endorse any of these sites and is provided to you as a convenience only. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party Web sites, you do so at your own risk. Many of the Vendors will provide links to their web sites. If you access their web sites, you will need to follow their terms and conditions, privacy policies, and any other agreements found on their web site. The Company is not liable for of the Vendor’s agreements, nor did the Company have any control of its contents. No Resale or Unauthorized Commercial Use. You agree not to resell or assign your rights or obligations under these Dog-gone Terms of Use. You also agree not to make any unauthorized commercial use of the Web Site. Indemnity. You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Dog-gone Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. General Terms. The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Dog-gone Terms and Conditions are governed by the internal substantive laws of the State of California in the County of Los Angeles without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with Los Angeles County, California, and all parties submit to the jurisdiction of Los Angeles County. If any provision of these Dog-gone Terms and Conditions are 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 Dog-gone Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Dog-gone Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, such as a particular "Legal Notice," or Software License or material on particular Web pages, these Dog-gone Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of the web site. No changes to these Dog-gone Terms and Conditions shall be made except by a revised posting on this page. Additional Terms of Use. Certain areas of this web site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. |
Dog-Gone Terms & Conditions of Web Site Use |
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