TERMS OF SERVICE AGREEMENT
In these Terms, “You” and “User” refers to you. The Site is intended to convey general information about The Dogist, LLC and its products or services. Use of this Site does not convey a license or right to use The Dogist, LLC’s photographs, images, videos, designs, site content, products or its proprietary information, all of which are the property of The Dogist, LLC.
These Terms limit The Dogist’s liability and obligations to you, grant The Dogist certain rights and allow The Dogist to change, suspend or terminate your access to and use of the Site. Your access to and use of the Site are expressly conditioned on your compliance with these Terms. You agree to notify any employees, agents, household members or other individuals who will access the Site of the terms and conditions of these Terms and they must agree to be bound by these Terms, prior to their use of the Site.
YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON AND BY USING THE SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE. IF YOU AGREE TO THESE TERMS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.
YOU MUST BE AT LEAST SIXTEEN (16) YEARS OLD TO USE THE SITE. If you are not yet 16 years old, do not use the Site.
IF YOU ARE BETWEEN 16 AND 18 YEARS OLD: Please have your parents or legal guardian review these Terms with you, discuss any questions you might have, and give you their permission to register and use the Site with both your and their full understanding of these Terms. By using the Site, you are telling us that you and your parent or guardian, have joined in this agreement.
- Information on Site. The Dogist does not guaranty that the Site will be error-free. Browsing the Site or use of any information from this Site is at your sole risk.
- Grant of Rights. The Dogist grants you a limited, non-exclusive, non-assignable, non-transferable right and license to access, view, use and display a single copy of the content available on or from the Site, solely for your personal, noncommercial use, provided that you fully comply with these Terms. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, photograph, video, image, information, software, products or services obtained from the Site. You do not acquire any ownership rights or incidents thereof to the Site or any Site content, software or document used through the Site. In the event you upload images, stories, artwork and other creative media (“Custom Content”) onto the Site, may own the medium to which your Custom Content is recorded, but the Dogist retains full and complete title to its content, and all intellectual property rights therein. You may not and agree not to redistribute, sell, decompile, reverse engineer, or disassemble the Site content.
- Intellectual Property Rights. The photographs, images, videos content, organization, graphics, design, look and feel, software, compilation, magnetic translation, digital conversion and other matters related to The Dogist‘s business on the Site are protected under applicable copyright, trademark and other intellectual property laws and the copying, redistribution, use or publication by any user of any such content, graphics, design, photographs or any part of this Site is prohibited. Users do not acquire any ownership rights, or incidents thereof, to any design, photographs, images, videos, content or document used through this Site. DOGIST is a registered trademark of The Dogist. The trademarks on the Site may not be modified, and they may not be used, downloaded, copied or distributed in any way. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site is prohibited. Unauthorized use of the Site may violate copyright, trademark, and other laws and is prohibited. Any such violation may subject you to civil and criminal liability and penalties under intellectual property laws around the world, including, without limitation, the payment of damages and attorney’s fees.
- WARRANTIES AND DISCLAIMERS. THE SITE, CONTENT AND INFORMATION AVAILABLE FROM OR THROUGH THIS SITE ARE PROVIDED AS-IS, AS AVAILABLE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY SPECIFICALLY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE AND/OR THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS OR LIMITATIONS. THE DOGIST ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR HOW USE OF THIS SITE MAY AFFECT YOUR PROGRAMS, SOFTWARE, HARDWARE, COMPUTER OR BUSINESS. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN OR ACCESSED THROUGH THE ELECTRONIC FILES OR AT THIS SITE IS HEREBY SPECIFICALLY DISCLAIMED.
- LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL THE DOGIST AND ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, ATTORNEY’S FEES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WHILE THE DOGIST TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE DOGIST AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE DOGIST AND ITS AFFILIATED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO THE DOGIST, IF ANY, FOR ACCESSING AND USING THIS SITE.
- Indemnification. User hereby indemnifies, defends and holds harmless The Dogist, and its members, owners, directors, officers, agents, employees, licensors, affiliates, content and service providers, participating suppliers and companies from and against any liability, loss, claim and expense, including attorneys’ fees and expenses, related to, caused by, or resulting from, your access or use of this Site (whether authorized or unauthorized), your use of information or content gained from this Site, your purchase of or use of any product purchased through the Site, or your violation of these Terms.
- User Submissions. During your use of the Site, you may send, post, or otherwise transmit text, links, photographs, video, sound, music, feedback, comments, suggestions, or other information, material or files including, without limitation, names or likenesses (all whether concerning you or a third party) (collectively, the “Submissions”) to the Site, whether or not requested to do so by The Dogist. You shall be deemed to have granted to The Dogist a worldwide, perpetual, royalty-free, non-exclusive, transferrable, sub-licensable, license to cache, copy, distribute, transmit, publicly display, reproduce and otherwise use or exploit the Submissions on the Site and in any other media, digital or analog, now known or hereafter developed throughout the universe including, without limitation, the internet, mobile devices, and in advertising or promotion, print or otherwise. YOU WILL CONTINUE TO OWN ANY INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SUBMISSIONS THAT YOU ACTUALLY OWN WHEN YOU SEND SAID SUBMISSIONS TO THE SITE.
For the avoidance of doubt, by submitting your Submission you understand and agree that: (1) any Submissions may become publicly viewable on the Site or elsewhere; (2) The Dogist has the right to publish your name in connection with your Submissions, wherever applicable; (3) you will only submit Submissions that you own or have permission to submit from the owner, in which case you will provide The Dogist upon request with a copy of a written consent from the owner; and (4) your Submission constitutes a waiver of the right to privacy or publicity of the owner of the Submission and any third party named in it with respect to the Submission and all of its contents.
The Dogist shall have no obligation to pay you any compensation for your Submissions and with respect to The Dogist’s use or nonuse of your Submissions, and is under no obligation to post or use any Submissions you may provide. The Dogist may, in its sole discretion, remove any Submissions at any time, with or without notice to you, prior or otherwise. You may request the removal of your Submissions for any reason on reasonable written notice to The Dogist, on receipt of which The Dogist will take commercially reasonable steps to comply.
- Site Rules. You agree that your Submission shall be legal and shall not violate any local, state, national, or international law or regulation. The following non-inclusive list of violations may result in The Dogist terminating or suspending your access to the Site:
- Submitting material that is subject to intellectual property right protections of a third party, including, without limitation, privacy and publicity right, unless you are the owner of such rights or have permission in writing from the owner of such rights to post said material and to grant The Dogist all of the rights granted herein;
- Request, demand, or suggest payment for items submitted to the Site;
- Use the Site as a platform for promotional giveaways;
- Transmit any submission that The Dogist, in its sole discretion, advises to be false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
- Harass, threaten, embarrass, or cause distress or discomfort to another Site participant, user or other individual or entity;
- Distribute viruses or any other technologies that may harm the Site or the interests or property of our users and partners;
- Harvest or otherwise collect information, including email addresses, about users or third parties whose information is made available on the Site, without their consent;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without The Dogist’s express written permission;
- Impersonate or misrepresent your affiliation with any person, including without limitation, The Dogist, chat or message board leader, guide or host;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other participants;
- Post or transmit any unsolicited advertising or promotional materials other than the listing of items to be given away as a gift or for free pursuant to these Terms, or any other forms of solicitations anywhere on the Site; or
- Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the Site;
- Post of transmit, nude, partially nude, pornographic or sexually suggestive photos.
- Publicity by The Dogist. In consideration of submitting the Submission, if The Dogist makes use of the Submission The Dogist will attribute the Submission to You and will include in its media (on such media and in such location as The Dogist determines in its sole discretion) Your bio (which The Dogist may alter as it determines in its sole discretion). The Dogist will not be responsible for any errors or omissions in regard to Your information that appears in The Dogist media and You hereby release The Dogist and its members, officers, directors, employees and agents from any liabilities, claims, costs, damages, errors or omissions with regard to Your information that The Dogist uses, publishes or posts. You represent and warrant that all information that You submit to The Dogist at any time is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, misleading or false. By submitting the Submission You warrant and represent that You own or otherwise control all of the rights to such content including, without limitation, all intellectual property rights. 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 transfer ownership of the Submission.
- Disputes With Other Users. If you have a dispute with one or more users, you release The Dogist from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, including without limitation attorney’s fees, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”), all copyright infringement issues regarding the Site should be directed to the designated agent set forth below:
The Dogist, LLC 115 East 9th Street Apt 19F, New York, NY 10003.
Attention: Elias Friedman firstname.lastname@example.org
If you believe that the Site infringes on or contains material infringing on the copyright ownership of another or Your copyrighted material contact the Designated Agent listed above and include the following information:
- A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;
- Identification of the URL or other specific location on the 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;
- Your name, address, telephone number and, if You have one, your e-mail address;
- A statement by You that You have a good faith belief that use on the 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;
- 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 the copyright owner or are authorized to act on behalf of the copyright owner; and
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf.
Please note that You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that any material, a product or activity is infringing Your copyright or that of another. Upon receipt of a copyright infringement notice The Dogist will follow the guidelines of the DMCA with regards to notifying the owner thereof, the infringer and blocking access to infringing material. The Dogist, in appropriate circumstances, will remove any infringing material or disable access thereto and may terminate any User who is an infringer or posts infringing information.
- Links; Information Posted. This Site may contain links to other Internet websites. The Dogist has no control over such websites. Such links are not endorsements of any products or services in such websites and no information in such websites has been endorsed or approved by The Dogist. The Dogist does not in any way guaranty the information contained in these Sites. The Dogist disclaims any warranty as to the accuracy of such Site or information contained therein. Clicking on such links and accessing other sites and/or information contained therein is at Your own risk.
- User Comments. We appreciate hearing from our users and customers and welcome Your comments regarding our photographs, images, videos, products and services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, photographs, concepts, inventions, or other information (collectively the "Feedback"), the Feedback shall be the property of the The Dogist. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Feedback. The Dogist shall own exclusively all now known or later discovered rights to the Feedback and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Feedback.
- Jurisdiction. This Agreement shall be treated as though it were executed and performed in New York and shall be governed and construed in accordance with the laws of the State of New York (without regard to conflict of law principles) and the laws of the United States of America. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement and this Site shall be brought solely in New York and User expressly submits to the jurisdiction of said courts and the federal courts sitting in New York and User consents to extra-territorial service of process. Any cause of action by User must be instituted within six months after the transaction giving rise to the action or be forever waived and barred.
- User Representations. User represents and warrants that (i) User will comply with all laws statutes, regulations and ordinances in connection with the use of the Site and any results therefrom, (ii) User will not do anything to interfere with the integrity of this Site or to cause any overload thereto, (iii) User is responsible for any content that it posts or transmits on or through the Site and for all activity conducted through its account; (iv) User will not use the Site to distribute, link to, or solicit content that: violates any law, is harmful to others, constitutes unsolicited advertising or contains viruses or programs intended to disrupt or damage this Site or The Dogist business.
- International Access. The Dogist makes no representation that the Site content, including merchandise offered for sale on the Site, if any, and its copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use by certain individuals or in certain countries. Those who choose to access the Site from locations outside of the United States of America do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of any merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
- Notice for California Users. This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Breach of Agreement; Termination of Access. The Dogist may issue a warning, suspend or terminate User’s ability to access and/or use this Site if User breaches these Terms or otherwise misuses this Site, or The Dogist otherwise determines, it its discretion, that User should no longer have access to this Site. The Dogist may terminate access if a User engages in any fraudulent activity in connection with this Site or if User otherwise misleads other users of this Site. Further, The Dogist may change the Site, suspend the Site or shut down the Site as it determines in its sole discretion without liability of any kind to you. You understand and agree that The Dogist shall not have any liability to you or any other person for any termination of your access to the Site.
- Notices; Waiver. All notices concerning this Site and the use thereof shall be given by a notice posted at the Site. Notice shall be deemed given 24 hours after being posted at this Site. The Dogist may terminate your access to the Site at any time. Failure of The Dogist to act in any one instance of a default or breach does not waive its right to act with respect to a subsequent breach or waiver.
- Service Interruption. The Dogist does not guarantee continuous access to the Site, the service or data contained therein. Operation of the Site or the data contained herein may be interrupted or otherwise interfered with for reasons beyond the control of The Dogist. The Dogist, shall have no liability or responsibility for any interruption of service or lack of access to data or loss of data.
- 23. Disclosure of Information. The Dogist reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Dogist's sole discretion.
© 2019, THE DOGIST, LLC, all rights reserved