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Terms of Usage
Please read this Agreement carefully before accessing any of
our features. As a condition to and in consideration of receiving and accessing
the our services, the User agrees to be bound by the terms of this Agreement.
Use of or access to any of our features shall constitute acceptance of and
agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS
AGREEMENT, DO NOT ACCESS any of our features. If you have any questions about
this Agreement, please contact us via e-mail at
webmaster@doggear.net.
DogGear.Net Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between DogGear.Net
and any individual, corporation, association, agency, company, or other entity
who accesses or uses any of our features (the "User" or
"you"). DogGear.Net free services, which are provided without
charge to you, is a World Wide Web site on the Internet that is designed to
allow users to post information and/or to view information posted by other
users or interact with those users. All of our features are owned and operated
by DogGear.Net. Our features contain or may contain information,
communications, opinions, text, graphics, links, electronic art, animations,
audio, video, software, photos, music, sounds and other material and data
(collectively, "Content") formatted, organized and collected in a
variety of forms that are generally accessible to Users, including directories
and databases, and areas of our features that can be modified by Users, such as
posting ads, uploading multimedia files, creating web sites, and using message
forums ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to any of our features.
You are responsible for providing all hardware, software, telephone or other
communications equipment and/or service to connect to the Internet in order to
access DogGear.Net and are responsible for all Internet access charges,
telephone charges or other fees or charges incurred in connecting to the
Internet and accessing our features. 1.2 User Conduct.
You agree to access and use our site only for lawful purposes. You are solely
responsible for the knowledge of and adherence to any and all laws, statutes,
rules and regulations, pertaining to (i) your use of any of our features,
including any Interactive Area, (ii) the use of any networks or other services
connected to any of our features, and (iii) the communications means by which
you connect your modem, computer, or other equipment to any of our features. By
accessing any of our features, you agree that you will not: (1)
restrict or inhibit any other user from using and enjoying the Interactive
Features; (2) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent information of
any kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, national, or
international law;
(3) post or transmit any information, software, or other material which
violates or infringes in the rights of others, including material which is an
invasion of privacy or publicity rights or which is protected by copyright,
trademark or other proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material which
contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are
not your own Content or to otherwise interfere with the ability of others to
access any of our features;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association,
institution or other organization for which you are not authorized to claim
such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access
provider or online service or this site.
2. Intellectual Property Rights
2.1 Content.
(a) You acknowledge that Content in any of our features is generally provided
by DogGear.Net, individual contributors of Content ("Contributors"),
third party licensees, and/or other Users. You acknowledge that any of our
features permits access to Content that is protected by copyrights, trademarks,
and other proprietary (including intellectual property) rights
("Intellectual Property Rights"), and that these Intellectual
Property Rights are valid and protected in all media existing now or later
developed and except as is explicitly provided below, your use of Content shall
be governed by applicable copyright and other intellectual property laws. You
acknowledge that any of our features owns a copyright in the "look and
feel," i.e., the selection, coordination, arrangement and presentation of
such Content. (b) You may not modify, copy, reproduce, transmit,
distribute, publish, create derivative works from, display or otherwise
transfer or commercially exploit any of the Content, in whole or in part,
provided, however, that you may (i) make a reasonable number of digital or
other form of copies to permit your computer hardware and software to access
and view the Content, (ii) print one copy of each piece of Content, (iii) make
and distribute a reasonable number of copies of Content, in whole or in part,
in hard copy or electronic form for internal use only. Any permitted copies of
Content must reproduce in an unmodified form any notices contained in the
Content, such as all Intellectual Property Right notices, and an original
source attribution to "any of our features" and its URL address. You
acknowledge that any of our features, its Contributors, and/or Users remain the
owners of the Content and that you do not acquire any Intellectual Property
Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish,
reproduce or distribute, on or through any of our features only Content that is
not subject to any Intellectual Property Rights, or Content in which any holder
of Intellectual Property Rights has given express authorization for
distribution over the Internet and on any of our features, without restriction
whatsoever. Any Content submitted with the consent of a copyright owner other
than you should contain a phrase such as "Copyright owned by [name of
owner]; Used by Permission." By submitting Content to any Interactive
Area, you automatically grant and/or warrant that the owner of such Content,
whether it be You or a third party, has expressly granted to DogGear.Net the
royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, sublicense, distribute, perform, and display such
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 Intellectual Property Rights that may exist in such Content. You
also permit any User to access, view, store and reproduce the Content for
personal use. 3. Interactive Areas
You acknowledge that DogGear.Net may include various interactive areas
("Interactive Areas"), including but not limited to classified ads,
message forums and web sites. These Interactive Areas allow feedback to
DogGear.Net and real-time interaction between users. You further understand
that DogGear.Net does not control the messages, information, or files delivered
to such Interactive Areas and that DogGear.Net may offer you and other Users
the capability of creating and managing an Interactive Area. However, neither
DogGear.Net, its subsidiary and parent companies, or affiliates, nor their
respective directors, officers, employees and agents are responsible for
Content within any Interactive Area. Your use and/or management of an
Interactive Area will be governed by this Agreement and any additional rules or
operating procedures of any Interactive Area established by you or another
User, as applicable. You recognize that DogGear.Net cannot, and does not intend
to, screen communications in advance. Moreover, because DogGear.Net encourages
open and candid communication in the Interactive Areas, DogGear.Net cannot
determine in advance the accuracy or conformance to this Agreement of any
Content transmitted in an Interactive Area. DogGear.Net is not responsible for
screening, policing, editing, reviewing or monitoring any Content in an
Interactive Area. Notwithstanding the above, you agree that DogGear.Net has the
right to monitor any Interactive Area, from time to time and to disclose any
information as necessary to satisfy any law, regulation or other governmental
request, to operate the Interactive Area, or to protect itself or other Users.
If notified of Content that is alleged not to conform to this Agreement,
DogGear.Net may investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content. DogGear.Net
reserves the right to prohibit conduct, communication or Content within an
Interactive Area, or to edit, refuse to post, or to remove any Content, in
whole or in part, which it deems in its sole discretion to (i) violate the
then-standard provisions of this Agreement or any other standard, policy in
effect at that time, (ii) be harmful to the rights of any User, any of our
features, or other third parties, (iii) violate applicable law, or (iv) be
otherwise objectionable. 4. Termination
The only right with respect to dissatisfaction with any policies, guidelines,
or practices of DogGear.Net in operating any of our features, or any change in
Content, is for you to discontinue accessing our features. DogGear.Net may
terminate or temporarily suspend your access to all or any part of our
features, without notice, for conduct that DogGear.Net believes is a violation
of this Agreement or any policies or guidelines posted by DogGear.Net, or for
other conduct which DogGear.Net believes, in its sole discretion, is harmful to
DogGear.Net or other Users. DogGear.Net may discontinue operating any of our
features and terminate this Agreement without notice at any time for any reason
in its sole discretion. In the event of termination, you are no longer
authorized to access any of our features, including the Interactive Areas, and
the restrictions imposed on you with respect to Content downloaded from
DogGear.Net, as well as the disclaimers and limitations of liabilities set
forth in this agreement, shall survive. 5. Links; Disclaimers Of
Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services
expressly available at DogGear.Net, neither DogGear.Net, its subsidiary and
parent companies, or affiliates, or their respective directors, officers,
employees, and agents controls, provides, or is responsible for any Content,
goods or services available through sites on the Internet linked to or from
DogGear.Net. All such Content, goods and services are made accessible on the
Internet by independent third parties and are not part of DogGear.Net or
controlled by DogGear.Net. DogGear.Net neither endorses nor is responsible for
the accuracy, completeness, usefulness, quality or availability of any Content,
goods or services available on any site linked to or from DogGear.Net, which is
the sole responsibility of such independent third parties, and your use thereof
is solely at your own risk. Neither DogGear.Net, its subsidiary and parent
companies, or affiliates, or their respective directors, officers, employees,
and agents shall be held responsible or liable, directly or indirectly, for any
loss or damage caused or alleged to have been caused by your use of or reliance
on any Content, goods or services available on any site linked to or from
DogGear.Net or your inability to access the Internet or any site linked to or
from DogGear.Net. 5.2 Disclaimer of Warranties. Please use your best
judgment in evaluating all information contained or opinions expressed on
DogGear.Net. It is the policy of DogGear.Net not to endorse or oppose any
opinion expressed by a User or Content provided by a User, Contributor, or
other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF DOGGEAR.NET IS AT
YOUR SOLE RISK. NEITHER DOGGEAR.NET NOR ANY OF ITS SUBSIDIARY AND PARENT
COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING
CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT DOGGEAR.NET OR ANY
INTERNET SITE LINKED TO OR FROM DOGGEAR.NET WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE
INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF DOGGEAR.NET OR ANY INTERNET SITE
LINKED TO OR FROM DOGGEAR.NET OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY,
AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY,
AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION
PROVIDED THROUGH DOGGEAR.NET OR ANY SITE LINKED TO OR FROM DOGGEAR.NET. OUR
FEATURES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL DOGGEAR.NET, ITS
SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS
AGREEMENT, OUR FEATURES, OR ANY INTERNET SITE LINKED TO OR FROM DOGGEAR.NET,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES
CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE,
BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO,
OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL DOGGEAR.NET, ITS SUBSIDIARY AND PARENT
COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY
FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT
CONTAINED WITHIN ANY OF OUR FEATURES OR THE CONTENT CONTAINED WITHIN ANY
INTERNET SITE LINKED TO OR FROM DOGGEAR.NET. THE CONTENT WITHIN ANY OF OUR
FEATURES AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM DOGGEAR.NET
MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE
INCORPORATED IN NEW VERSIONS OF ANY OF OUR FEATURES AND SPECIFICALLY ARE
INCLUDED IN THIS SECTION AGREEMENT. DOGGEAR.NET AND ITS CONTRIBUTORS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DOGGEAR.NET IS NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY
USER. IF YOU ARE DISSATISFIED WITH ANY OF OUR SITE CONTENT, OR WITH THE ACCESS
AGREEMENT OF DOGGEAR.NET, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING DOGGEAR.NET.
6. Indemnity
You agree to indemnify and hold DogGear.Net, its parent or subsidiary companies
and their affiliates, and their respective directors, officers, employees, and
agents from any and all liabilities, claims and expenses, including reasonable
attorneys fees, arising from breach of this Agreement, any other policy, your
use or access of any of our features or any Internet site linked to or from any
of our features, or in connection with the transmission of any Content on any
of our features. 7. Miscellaneous
This Agreement comprises the entire agreement between DogGear.Net and you, and
supersedes any prior agreements with respect to the subject matter herein.
DogGear.Net may revise this Agreement or any other policy at any time and from
time to time, and such revision shall be effective two (1) days upon posting
notice of such revision prominently on DogGear.Net. You agree to review this
Agreement periodically to be aware of such revisions. If any such revision is
unacceptable to you, you must discontinue accessing DogGear.Net. Your continued
accessing and use of of our features following notice of any such revision
shall conclusively be deemed acceptance of all such revisions. The provisions
of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination
or expiration of this Agreement. If any provision of this Agreement or any
other policy be held invalid or unenforceable, that portion shall be construed
in accordance with applicable law as nearly as possible to reflect the original
intention of the parties and the remaining portions will continue in full force
and effect. The failure of DogGear.Net to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. This Agreement shall be governed by the laws
of the state or province of domicile of DogGear.Net, excluding its conflict of
laws rules, and you and DogGear.Net each submit to the exclusive jurisdiction
of the courts of that state or province. This Agreement is personal to you and
you may not assign your rights or obligations thereunder to anyone. All logos,
brand names, products, trademarks and service marks appearing herein may be the
trademarks or service marks of their respective owners. References to any
trademark, service mark and links to or from any of our features have been done
strictly for clarification and identification and does not constitute
endorsement by DogGear.Net of the products, services or information offered by
the owner of such trademark, service mark or link or endorsement of DogGear.Net
by such trademark, service mark or link owner.
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