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Legal Information
GENERAL TERMS AND CONDITIONS
Welcome to the A Dog Owner's Network, owned and produced by Adognet, LLC. and
its subsidiary and affiliate corporations, successors, and assigns (collectively
referred to as "Adognet").
hubs on the Internet. The A Dog Owner's Network provides leading Web
search and navigation, communications and personalization tools,
homepage building and Web community services, a cutting-edge
shopping center and more. Integrated, these sites help each
individual user locate, retrieve and manage information tailored to
his or her personal interests. Unless explicitly stated otherwise, any
new Products and Services (as defined below), including the
addition of new A Dog Owner's Network properties shall be subject to these
Terms and Conditions.
Adognet makes available a variety of products and services through
the A Dog Owner's Network (collectively, the "Products and Services")
subject to these General Terms and Conditions ("Terms and
Conditions"). In addition, there are a variety of special products
and services offered through the A Dog Owner's Network that have
separate registration procedures and separate terms and
conditions, terms of service, user agreements, or similar legal
agreement. When you are using any service or product on the
A Dog Owner's Network that does not have a separate legal agreement, the
Terms and Conditions set forth here will apply. Adognet also may
supplement the Terms and Conditions with posted guidelines or
rules applicable to specific areas of the A Dog Owner's Network. In addition,
the A Dog Owner's Network also may offer other services from time to time
that are governed by the terms of service of the respective
service partners.
Because the Terms and Conditions contain legal obligations, please
read them carefully.
Please direct any legal questions to:
General Counsel
Adognet, Inc.
P. O. Box 909
Lake Arrowhead, CA 92352
The Terms and Conditions contain a variety of provisions that are
generally applicable to the Products and Services and some
provisions that apply to particular Products and Services.
bound by the entire Terms and Conditions.
1. ACCEPTANCE
By using the Products and Services, you are agree, without
limitation or qualification, to be bound by, and to comply with,
these Terms and Conditions and any other posted guidelines or
rules applicable to any individual A Dog Owner's Network web site, Product
or Service. All such guidelines and rules are hereby incorporated by
reference into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with
these Terms and Conditions. You acknowledge and agree that
Adognet may terminate your access to the A Dog Owner's Network or to any
of the Products and Services should you fail to comply with the
Terms and Conditions or any other guidelines and rules published by
Adognet. Any such termination shall be in Adognet' sole discretion and
may occur without prior notice, or any notice. Adognet further
reserves the right to terminate any user's access to the Adognet
Network or to any of the Products and Services for any conduct
that Adognet, in its sole discretion, believes is or may be directly or
indirectly harmful to other users, to Adognet or its subsidiaries,
affiliates, or business contractors, or to other third parties, or for
any conduct that violates any local, state, federal, or foreign laws
or regulations. Adognet further reserves the right to terminate any
user's access to the A Dog Owner's Network or to any of the Products and
Services for any reason or for no reason at all, in Adognet' sole
discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access
to the World Wide Web and must navigate the Internet to
http://www.adognet.com/ or another of the URLs associated with the
A Dog Owner's Network. Where there is mature or adult content, individuals
who are less than 18 years of age or are not permitted to access
such content under the laws of any applicable jurisdiction may not
access such content. There are also other (mainly
commerce-related) areas of the A Dog Owner's Network not open to
persons under 18 years of age. With respect to general audience
content, if Adognet learns that anyone under the age of 13 has
accessed the Products and Services, Adognet will require verified
parental consent, in accordance with the Children's Online Privacy
Protection Act of 1998 ("COPPA"). Certain areas of the Adognet
Network, however, may not be available to children under 13 under
any circumstances.
Adognet does not discriminate on the basis of age, gender, race,
ethnicity, nationality, religion, sexual orientation, or any other
protected status.
3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to
register and provide certain data. In consideration of use of such
Products and Services, in registering and providing such data, you
represent and warrant that: (a) the information about yourself is
true, accurate, current, and complete (apart from optional items)
as required by various A Dog Owner's Network registration forms
("Registration Data") and (b) you will 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 Adognet has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, Adognet has the right to suspend or terminate your
account and refuse any and all current or future use of the
Products and Services.
All A Dog Owner's Network registrations become the exclusive property of
Adognet, its affiliates and subsidiaries. Adognet reserves the right to
use and reuse all registration and other personally identifiable user
information subject to the A Dog Owner's Network Privacy Policy. Users may
edit, update, alter or obscure their personally identifiable
information at any time by following the instructions located in the
A Dog Owner's Network Privacy Policy and at individual A Dog Owner's Network
sites.
4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products
and Services, you recognize that you are fully responsible for: (i)
the online conduct of such minor; (ii) controlling the minor's access
to and use of the Products and Services; and (iii) the
consequences of any misuse by the minor. YOU ACKNOWLEDGE
THAT SOME AREAS OF THE A Dog Owner's Network MAY CONTAIN
MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
5. PARENTAL CONTROLS AND CHILD SAFETY
Certain material available on the Internet is not appropriate for
minors. To prevent or limit your children's access to such materials,
a number of parental control protections ( such as computer
hardware, software, or filtering services) are commercially
available.
6. MEMBER CONDUCT
Upon registering, you will receive a password and A Dog Owner's Network
ID. You are responsible for maintaining the confidentiality of the
password and ID, and are fully responsible for all activities that
occur under your password or ID. You agree to (a) immediately
notify Adognet 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. The A Dog Owner's Network
cannot and will not be liable for any loss or damage arising from
your failure to comply with this requirement.
You acknowledge and agree that all information, code, data, text,
software, music, sound, photographs, pictures, graphics, video,
chat, messages, files, 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 the A Dog Owner's Network, are entirely responsible for all
Content that you upload, post, email or otherwise transmit via the
Services. The A Dog Owner's Network does not control the user or third
party Content posted via the Products and Services, and, as such,
does not guarantee the accuracy, integrity or quality of such user
or third party Content. You acknowledge and Agree that by using
the Products and Services, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will
the A Dog Owner's Network be liable in any way for any user or third party
Content, including, but not limited to, for any errors or omissions in
any such Content, or for any loss or damage of any kind incurred
as a result of the use of any such Content posted, emailed or
otherwise transmitted via the Products and Services. As a general
matter, Adognet does not pre-screen user or third party Content
posted on the A Dog Owner's Network, except for certain areas where
Adognet employs certain automated screening software, although
Adognet reserves the right to do so. Adognet does not guarantee that
any screening will be done to your satisfaction or that any
screening will be done at all. Adognet reserves the right to monitor
some, all, or no areas of the Products and Services for adherence
to these Terms and Conditions or any other rules or guidelines
posted by Adognet.
Prohibited Conduct
You agree that you will not use A Dog Owner's Network Products and
Services to:
a.Upload, post, email, otherwise transmit or post links to any
Content, or select any member or user name or email
address, that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene,
pornographic, libelous, invasive of privacy or publicity rights,
hateful, or racially, sexually, ethnically or otherwise
objectionable.
b.Upload, post, email, otherwise transmit or post links to any
Content that promotes illegal activity, including without
limitation the provision of instructions for illegal activity.
c.Upload, post, email, otherwise transmit or post links to any
Content that exploits the images of children under 18 years
of age, or that discloses personally identifying information
belonging to children under 18 years of age.
d.Harm minors in any other way.
e.Make any sexual request on behalf of a minor or make any
sexual request of a minor.
f."Stalk" or otherwise harass another.
g.Collect or store personally identifying information about other
users for commercial or unlawful purposes.
h.Impersonate any person or entity, including, but not limited
to, a A Dog Owner's Network official, employee, forum leader, guide or
host, or falsely state or otherwise misrepresent your
affiliation with a person or entity.
i.Employ misleading email addresses or falsify information in the
header, footer, return path, or any part of any
communication, including emails, transmitted through the
Products and Services.
j.Upload, post, email, otherwise transmit or post links to any
Content that you do not have a right to transmit under any
law or regulation or under contractual or fiduciary
relationships (such as inside information, or proprietary and
confidential information learned or disclosed as part of
employment relationships or under nondisclosure
agreements).
k.Upload, post, email, or otherwise transmit, or post links to
any Content that facilitates hacking.
l.Upload, post, email, otherwise transmit or post links to any
Content that infringes any patent, trademark, service mark,
trade secret, copyright or other proprietary rights ("Rights")
of any party, or contributing to inducing or facilitating such
infringement. This prohibition shall include, without limitation,
the following forms of software piracy:
i.Making available copyrighted software or other Content
that has had the copyright protection removed.
ii.Making available serial numbers for software that can
be used to illegally validate or register software.
iii.Making available tools that can be used for no purpose
other than for "cracking" software or other copyrighted
Content.
iv.Making available any software files for which the user
does not own the copyright or have the legal right to
make available.
m.Upload, post, email, otherwise transmit, or post links to any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any
other form of solicitation, except in those areas that are
designated for such purpose.
n.Upload, post, email, otherwise transmit, or post links to any
material that contains software viruses, worms, trojan
horses, time bombs, trap doors or any other computer code,
files or programs or repetitive requests for information
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment or to diminish the quality of, interfere with the
performance of, or impair the functionality of the Products
and Services or the A Dog Owner's Network.
o.Use automated means, including additional computers,
software and scripts, to enhance play in A Dog Owner's Network
games and promotions.
p.Use automated means, including spiders, robots, crawlers, or
the like to download data from any A Dog Owner's Network database.
q.Conduct your own contests and promotions.
r.Upload, post, email, otherwise transmit or post links to any
Content regarding any raffle, contest or game requiring a fee
by participants.
s.Modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, link, display or in
any way exploit any Content from any Adognet database,
including, without limitation, by incorporating data from any
Adognet database into any e-mail or "white pages" products or
serviced, whether browser-based, based on proprietary
client-site applications, web-based, or otherwise.
t.Sell, distribute, or make any commercial use of data obtained
from any Adognet database or make any other use of data from
any Adognet database in a manner which could be expected to
offend the person for whom the data is relevant.
u.Create and maintain a A Dog Owner's Network web page as storage
for remote loading, or as a door or signpost to another
homepage.
v.Create and maintain a A Dog Owner's Network web page that
contains hyperlinks to content not permitted on the Adognet
Network.
w.Disrupt the normal flow of dialogue in a chat room, cause a
screen to "scroll" faster than other users of the Products and
Services are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges.
x.Interfere with or disrupt the Products and Services or servers
or networks connected to the Products and Services, or
disobey any requirements, procedures, policies or regulations
of networks connected to the Products and Services,
including without limitation A Dog Owner's Network Chat hosts.
y.Intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law.
z.Use the Products or Services to sell, purchase, or offer to
sell or purchase any registered or unregistered securities.
aa.Upload, post, email, otherwise transmit, or post links to any
material that is false, misleading, or designed to manipulate
any equity, security, or other market.
ab.Disobey any Adognet Chat hosts or other Adognet employee or
representative or interfere with any action by any Adognet
Chat host or other Adognet employee or representative to
redress any violation of these Terms and Conditions.
ac.Access the Products and Services after your account or
access has been terminated by Adognet.
ad.Fail to complete any transaction after submitting an order to
purchase any goods or services from individual Merchants in
Adognet Shop or from any seller in Adognet Auctions, subject to
the individual Merchant's or seller's terms and conditions
governing such transactions.
ae.Submit any order to purchase goods or services from
individual Merchants in Adognet Shop or from any seller in Adognet
Auctions where you do not intend to complete the
transaction.
af.Purchase any goods or services that you are prohibited from
purchasing or possessing by any law applicable to you in your
jurisdiction. The responsibility for ensuring compliance with all
such laws shall be the user's alone. By submitting an order to
purchase goods or services, you represent and warrant that
you have the legal right to purchase such goods or services.
ag.Use any software deployed in connection with the Products
and Services to process data as a service to other entities
without the express written consent of Adognet or the party
from whom such software may be licensed.
ah.Decompile, disassemble, modify, translate, adapt, reverse
engineer, create derivative works from, or sublicense any
software deployed in connection with the Products and
Services.
ai.Engage in manipulative bidding through Adognet Auctions, such
as by making bids solely for the purpose of instigating other
bidders to withdraw bids and then retracting your bid to bid
at a lower price or by using multiple accounts to drive up
bidding on items you are offering for sale.
aj.Advertise, offer for sale, or sell any item you are prohibited
from advertising or selling by any applicable local, state,
national, or international law, including regulations having the
force of law.
ak.Upload, post, email or otherwise transmit or post links to any
material, or act in any manner, that is offensive to the Adognet
Network community or the spirit of these Terms and
Conditions.
al.Advertise, offer for sale, or sell any of the following items:
Any firearms, explosives, or weapons.
Any food that is not packaged or does not comply with all
laws governing the sale of food to consumers by commercial
merchants.
Any alcoholic beverages.
Any tobacco products for human consumption, including,
without limitation, cigarettes and cigars.
Any items that are indecent or obscene, that contain child
pornography, that are otherwise pornographic in nature, or
are harmful to minors.
Any controlled substances or pharmaceuticals.
Any items that are counterfeit or stolen.
Any dangerous items.
Any goods or services that do not, in fact, exist.
Any registered or unregistered securities.
Any items that violate or infringe the rights of other parties.
Any items that you do not have the legal right to sell.
Any items where paying Adognet any of the required
transactional or listing fees would cause Adognet to violate any
law.
You acknowledge and agree that the A Dog Owner's Network and its
designees shall have the right (but not the obligation), in their sole
discretion, to refuse to publish, remove, or block access to any
Content that is available via the Products and Services at any
time, for any reason, or for no reason at all, with or without notice.
Without limitation Adognet and its designees shall have the right (but
not the obligation), in their sole discretion, to refuse to publish,
remove, or block access to any Content that violates the Terms
and Conditions or is otherwise objectionable as determined by
Adognet, in its sole discretion. Adognet may also terminate access to,
or membership in, the A Dog Owner's Network, or any portion thereof, for
violating these Terms and Conditions. You acknowledge and 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 or
obtained through the use of the A Dog Owner's Network, including without
limitation information in Chat, Message Boards, Clubs, and in all
other parts of the A Dog Owner's Network Products and Services.
You expressly acknowledge and agree that the A Dog Owner's Network may
preserve Content and may also disclose Content if required to do
so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the Terms and Conditions; (c) respond to
claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of Adognet, its users
and the public. You acknowledge and agree that the technical
processing and transmission of the Products and Services, 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 further acknowledge and
agree that other data collected and maintained by Adognet with
regard to its users may be disclosed in accordance with Adognet'
Privacy Policy.
Adognet also may suspend or terminate any user account for any
Product or Service because of user inactivity. For example, a Adognet
Communications account may be terminated or suspended if a user
fails to sign-in to the Adognet Communications Service for an
extended period of time; please see the Adognet Communications
Help section for more information regarding Adognet Communications
's policies concerning account termination. What is considered
"user inactivity" varies depending on the Product or Service. If one
of your accounts is suspended or terminated for inactivity, your
right to use such Product or Service immediately ceases.
7. LICENSE TO MEMBER WEB PAGES AND OTHER USER
CONTENT
By submitting a web page to Adognet, or any other web
page hosting service on the A Dog Owner's Network, you grant Adognet a
world-wide, royalty-free, nonexclusive, worldwide, unrestricted
license to use, copy, transmit, publicly display, publicly perform,
create compilations including, and distribute such web page, and
any associated Content, for the limited purposes of publishing and
promoting the user's web page in connection with the particular
service with which the user has chosen to have the web page
hosted and for publishing and promoting such web page elsewhere
within the A Dog Owner's Network. Such license shall apply with respect to
any form, media, or technology now known or later developed. The
term of the license will extend only for the duration of the user's
membership with the particular A Dog Owner's Network service (e.g., Virtual
Kennel, free text listings). In the event that such membership is terminated,
Adognet will relinquish all rights to the user's Content as described
above following the duration of any applicable promotional
activities ongoing at the time the membership is terminated. You
acknowledge and agree that Adognet runs advertisements on the
web pages of its users and grant Adognet the right to do so. These
advertisements may include, without limitation, "banner"
advertisements and "pop-up text" advertisements. The manner,
mode, and extent of such advertising is subject to change.
With respect to any other Content posted by or in connection with
the Products and Services, you grant Adognet a world-wide, royalty
free, perpetual, license to use, copy, transmit, publicly display,
publicly perform, create compilations including, create derivative
works of, and distribute such Content to publish and promote such
Content in connection with the particular Products and Services
and to publish and promote such Content elsewhere within the
A Dog Owner's Network. Such license shall apply with respect to any form,
media, or technology now known or later developed.
10. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH
NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, ADOGNET DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT
PERMITTED BY LAW, ADOGNET DISCLAIMS ANY WARRANTIES FOR
OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND
SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH THE PRODUCTS AND SERVICES OR
THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND
SERVICES. ADOGNET SIMILARLY DISCLAIMS, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY
INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS
AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADOGNET
DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR
THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY,
RELIABILITY, OR OPERABILITY OR AVAILABILITY OF
INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES.
ADOGNET DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION,
FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF
ANY INFORMATION OR MATERIAL. ADOGNET DISCLAIMS ANY
RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING
FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR
MATERIAL THROUGH THE PRODUCTS AND SERVICES,
INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY
VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE
FEATURES. ADOGNET MAKES NO WARRANTY REGARDING THE
RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR
ANY STORAGE FACILITIES OFFERED BY ADOGNET.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH
MATERIAL.
Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, the foregoing disclaimers
may not apply to you insofar as they relate to implied
warranties.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO
CIRCUMSTANCES SHALL ADOGNET BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE
ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF
LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ADOGNET HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON
THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE
PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE PRODUCTS AND
SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE
PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES
OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE
PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY,
WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST
DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE
PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND
SERVICES OR ANY INFORMATION OR MERCHANDISE THAT
APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE
A Dog Owner's Network. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY
DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF,
FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF
MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT
THE A Dog Owner's Network. WITH RESPECT TO PREMIUM
MEMBERS, ADOGNET'S ENTIRE LIABILITY, IF
ANY, SHALL NOT EXCEED THE AMOUNT OF THE PREMIUM
MEMBER'S MOST RECENT MEMBERSHIP FEE PAYMENT.
UNDER NO CIRCUMSTANCES SHALL ADOGNET BE HELD LIABLE
FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING
DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR
CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER
EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT
FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER
FAILURES, STRIKES, LABOR DISPUTES, RIOTS,
INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR
OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS
OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF
DOMESTIC OR FOREIGN COURTS OR TRIBUNALS,
NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR
FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted.
In such jurisdictions, the foregoing limitation may not apply
to you.
12. REMOVAL OF LINKS
12. REMOVAL OF LINKS The A Dog Owner's Network occasionally receives
requests from people to remove links from the A Dog Owner's Network
search services. Although the A Dog Owner's Network reserves the right to
address such requests individually, the general approach that the
A Dog Owner's Network takes reflects the following principles: The catalogs
and databases used in connection with the A Dog Owner's Network search
services consist of information that has been identified, indexed
and compiled through an automated process with no advance
review by human beings. Given the enormous volume of web site
information added, deleted, and changed on a frequent basis, the
A Dog Owner's Network cannot and does not screen anything made
available through the A Dog Owner's Network search services' catalogs and
databases. In other instances, the A Dog Owner's Network makes available
directories, indices, and references consisting of content that has
been identified, indexed, and compiled by humans. Furthermore,
some of the catalogs and databases that can be searched in the
A Dog Owner's Network are compiled by third parties through automated
processes. For each web site reflected in the A Dog Owner's Network
search services' catalogs and databases, if either (i) a site owner
restricts access to his or her web site or (ii) a site is taken down
from the web, then, upon receipt of a request by the site owner in
the first instance, and either the site owner or a third party in the
second instance, the A Dog Owner's Network would remove the link to that
site the catalogs and databases or will pass the request along to
any third party compiler of the catalog or database However, if the
operator of the site does not take steps to prevent it, the
automatic facilities used to create the catalogs and databases are
likely to find it and index it again in a relatively short amount of
time.
13. DISCLAIMER REGARDING THIRD PARTY CONTENT
The A Dog Owner's Network offers access to numerous third party web
pages and content available over the Internet. In overwhelming
majority instances, including, but not limited to, sites displayed as
search results or contained within a directory of links, Adognet has no
control whatsoever over the content of such sites. In other
instances, including, but not limited to, web pages hosted on the
A Dog Owner's Network or provided to the A Dog Owner's Network by third parties,
Adognet may set guidelines for what may appear on such web pages
and may engage in certain screening, but generally exercises no
control over the content of such web pages and is unable to police
all such content. Third party content accessible through the Adognet
Network from such sources is developed by people over whom the
A Dog Owner's Network exercises no control. The search results that
appear from the catalogs indexed by the A Dog Owner's Network's spiders
or web robots are automated, and the A Dog Owner's Network cannot and
does not screen the sites before including them in the catalogs
from which such automated search results are gathered. Similarly,
web pages hosted by the A Dog Owner's Network are posted by third
parties, and, with the exception of certain automated screening
functions, Adognet cannot and does not screen such web pages
before they are made accessible to other users of the Adognet
Network. Accordingly, the A Dog Owner's Network assumes no responsibility
for the content of any site included in any search results or
otherwise linked to the A Dog Owner's Network web sites or in any web
page hosted for a third party within the A Dog Owner's Network. In
instances where the A Dog Owner's Network does review the sites that are
displayed in directories, indices, and/or references, or where the
A Dog Owner's Network makes available directories, indices, and/or
references of sites compiled by third parties, the content located
at such sites was developed third parties, and review of such sites
by Adognet, if any, is narrowly limited to that which is necessary for
compiling the particular set of links.
14. VIRTUAL KENNEL MEMBERSHIP
Adognet offers members web page hosting and other services.
Adognet offers two tiers of Tripod Membership: (1) Basic
services and content which are available FREE OF CHARGE,
exclusive of Internet or other telecommunications and computer
equipment charges and fees; and (2) content and services
designated as part of the Premium Membership package which are
available only through the payment of a subscription fee to be
determined by Adognet in its sole discretion. A Premium Member is
responsible for all charges that result from the use of his/her Tripod
Membership, including any unauthorized charges that result from its
use. Premium Members agree to forfeit fees paid if their
Membership is terminated for a violation of these Terms and
Conditions or for any other reason. If a Premium Member pays any
membership fees with a credit card and if the issuer of that credit
card fails to pay the amounts authorized by the Premium Member,
the Premium Member shall immediately remit full payment to Adognet.
In addition, if a Premium Member pays any membership fees with a
credit card and the issuer of the credit card seeks to recover from
Tripod any amounts received by Adognet from the issuer, the
Premium Member shall immediately remit to Adognet all amounts
necessary to comply with the issuer's request and any costs and
expenses incurred by Adognet. If a Premium Member does not pay to
renew its Premium Membership, the Premium Member's web page
will be deleted.
The components of the Premium Membership package, or of any
other aspect of the services may be modified by Adognet for
any reason or for no reason at all, in Adognet' sole discretion, without
prior notice, or any notice.
Adognet allows one Membership per individual with a legitimate
electronic mail address.
Please read the entire Terms and Conditions as all A Dog Owner's Network
properties, Products and Services are subject to these Terms and
Conditions.
15. STORAGE
Many features of the A Dog Owner's Network store information on behalf of
users. Examples include, but are not limited to, email messages,
chat, web pages, message boards, calendar functions, and
postings on Adognet Auctions. Adognet reserves the right, in its sole
discretion, to limit the amount of storage space available per user
or to delete materials stored for an excessive period while the
user's account has been inactive.
16. ADOGNET COMMUNITIES GUIDELINES - CHAT, CLUBS AND
MESSAGE BOARDS
Users of Adognet Communities, which includes all A Dog Owner's Network
chat, clubs and message boards, are expected to adhere to the
guidelines below and are expected not to engage in any of the
Prohibited Conduct described above. Any user failing to comply
with these Terms and Conditions may be expelled from a chat
room, a club or a message board by a Adognet moderator or host,
and Adognet may terminate or restrict such user's A Dog Owner's Network
accounts. In addition, Adognet may remove any Content that violates
these Terms and Conditions or is otherwise objectionable, in Adognet'
sole discretion. No child under the age of 13 may participate in
Adognet Communities, including all chat, clubs or message boards
offered throughout the A Dog Owner's Network.
Please read all the Prohibited Conduct Conduct described above
before using the Adognet Communities' services, and keep in mind the
following when using the Adognet Communities' services:
All information you submit in registering must be true,
accurate, current, and complete (apart from optional items).
Do not rely on any information relating to investments or
professional advice without first reading the Investment
Information Disclaimer and Professional Information Disclaimer
below. Remember that people on the Internet are not always
who they say they are and do not always publish truthful
statements. Adognet cannot and does not ensure the accuracy
of such statements.
Do not upload, post, email, otherwise transmit or post links
to any Content, or select any member or user name or email
address, that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene,
pornographic, libelous, invasive of privacy or publicity rights,
hateful, or racially, sexually, ethnically or otherwise
objectionable.
Do not stalk or otherwise harass other users.
Do not upload, post, email, otherwise transmit or post links
to any Content that promotes illegal activity, including
without limitation the provision of instructions for illegal
activity.
Do not upload, post, email, otherwise transmit or post links
to any Content that exploits the images of children under 18
years of age, or that discloses personally identifying
information belonging to children under 18 years of age.
Do not impersonate any person or entity, including, but not
limited to, a A Dog Owner's Network official, employee, forum leader,
guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity.
Do not upload, post, email, otherwise transmit, or post links
to any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid
schemes," or any other form of solicitation, except in those
areas that are designated for such purpose
Do not disrupt the normal flow of dialogue in a chat room,
cause a screen to "scroll" faster than other users of the
Products and Services are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage
in real time exchanges.
Do not disobey any Adognet Chat hosts, moderators, or other
Adognet employee or representative or interfere with any
action by any Adognet Chat host or other Adognet employee or
representative to redress any violation of these Terms and
Conditions.
Do not access any Adognet Communities' service after your
account or access has been terminated by Adognet.
Do not upload, post, email, or otherwise transmit, or post
links to any Content that facilitates hacking.
Do not interfere with or disrupt the Products and Services or
servers or networks connected to the Products and Services,
or disobey any requirements, procedures, policies or
regulations of networks connected to the Products and
Services, including without limitation A Dog Owner's Network Chat
hosts.
Violations of these Terms and Conditions in connection with the
use of Adognet Communities should be reported to:
Community Manager
Adognet, LLC.
P.O. box 909
Lake Arrowhead, CA 92352
communities@adognet.com
Please read the entire Terms and Conditions as all A Dog Owner's Network
properties, Products and Services are subject to these Terms and
Conditions.
17. ADOGNET SHOP
The Adognet Shop Service ("Adognet Shop") is made available only to
those users who are of the legal age of consent in their
jurisdiction. You may not use Adognet Shop if you have not reached
that age or, in any event, if you are less than eighteen (18) years
old. You may only use Adognet Shop if you are a United States
resident and may only use Adognet Shop from locations within the
United States for transactions to be completed within the United
States. By accepting these Terms and Conditions, you represent
and warrant that you are a United States resident and are using
Adognet Shop at a location within the United States for a transaction
to be completed within the United States.
Users are obligated to submit information that is true, accurate,
current, and complete. By accepting these Terms and Conditions,
you represent and warrant that all such information submitted by
you is true, accurate, current, and complete. Users are also
required to maintain and update all such information in order to
ensure that it remains true, accurate, current, and complete. Each
time you update such information, you represent and warrant that
such information is true, accurate, current, and complete.
By submitting an order to purchase any goods or services from
individual Merchants, users are obligated to complete such
transactions, subject to the individual Merchant's terms and
conditions governing such transactions. Users are prohibited from
submitting orders to purchase goods or services where they do not
intend to complete such transactions.
Each user may use one password and may not use additional
passwords. Each user is required to use his or her password for his
or her own use only. Users may not permit others to use their
passwords.
Users may not purchase goods or services that they are prohibited
from purchasing or possessing by any law applicable to them in
their jurisdictions. The responsibility for ensuring compliance with
all applicable laws shall be the user's alone. By submitting an order
to purchase goods or services, you represent and warrant that you
have the legal right to purchase and possess such goods or
services.
Adognet does not charge users for their use of Adognet Shop. Adognet,
however, does charge Merchants certain fees for operating online
stores, including transactional fees. Adognet reserves the right to
alter these fees from time to time, without notice. Please review
Adognet' fee schedule for a listing of fees charged by Adognet. Please
check the fee schedule regularly for changes in fees.
Adognet has no partnership, joint venture, employer-employee, or
franchisor-franchisee relationship with any Merchant accessible
through Adognet Shop or with any user of Adognet Shop. Adognet cannot
confirm that any particular Merchant is who that Merchant claims
to be. Nor can Adognet confirm the truth or accuracy of any
statements made by Merchants or control whether Merchants who
post statements through Adognet Shop will act in accordance with
those statements. Adognet will not get involved in any dispute
between users of the Service and Merchants accessible through
Adognet Shop.
LIKE OTHER AREAS OF THE A Dog Owner's Network PRODUCTS AND
SERVICES, YOUR USE OF ADOGNET SHOP IS SUBJECT TO THE
CAPITALIZED LANGUAGE SET FORTH ABOVE REGARDING
DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY.
PLEASE RE-READ THOSE PROVISIONS CAREFULLY.
As with all other aspects of the Products and Services, by using
Adognet Shop, you hereby agree that you shall be responsible for all
tax obligations and costs that arise from or relate to your use of
Adognet Shop, including, without limitation, tax obligations and costs
for any transactions that arise from or relate to your use of Adognet
Shop. Adognet Shop uses certain software licensed from Taxware
International, Inc. ("Taxware") in order to calculate sales, use,
and/or other tax obligations ("Taxes") for transactions that users
enter into with Merchants. This software is subject to certain
limitations. For example, the accuracy of the calculations depends
upon the accuracy of data entered by Merchants. In addition, the
application of tax laws to particular transactions can be a matter
of judgment. Adognet Shop may also not reflect particular exemptions
or special rules contained in various states' sales and use tax laws
which apply to sales or use of certain types of property.
Furthermore, Tax laws and applicable Tax rates are subject to
change. Taxware has disclaimed any and all responsibility for
incorrect Tax rate data of which it does not have actual
knowledge. ULTIMATELY, ADOGNET HAS NO CONTROL OVER, AND
DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR, THE
TAXWARE SOFTWARE AND ANY TAX CALCULATIONS PERFORMED
BY THE TAXWARE SOFTWARE. Adognet is not an agent of any
Merchant for Tax calculation purposes. Nor is Adognet the agent of
any Merchant for the collection, withholding, or deposit of any Tax.
PLEASE BE ADVISED THAT YOU REMAIN RESPONSIBLE FOR ALL TAX
OBLIGATIONS IN CONNECTION WITH YOUR PURCHASES. BY
OPERATING THE TAXWARE SOFTWARE IN CONNECTION WITH THE
SERVICE, ADOGNET IS NOT PROVIDING TAX ADVICE. YOU ARE
ADVISED TO SEEK INDEPENDENT TAX ADVICE FROM A QUALIFIED
TAX PROFESSIONAL. THE CAPITALIZED LANGUAGE ABOVE
REGARDING DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY SHALL APPLY TO THE TAXWARE SOFTWARE. PLEASE
READ THOSE PROVISIONS CAREFULLY.
18. ADOGNET AUCTIONS
Adognet Auctions is made available only to those users who are of
the legal age of consent in their jurisdiction. You may not use
Adognet Auctions if you have not reached that age or, in any event,
if you are less than eighteen (18) years old. All users making bids
through Adognet Auctions are required to honor their bids. Winning
bids may not be retracted, except in exceptional situations, such
as where the description of the item was false or erroneous, where
the seller materially alters the item's description, or where the
seller's identity cannot be authenticated. By making a bid you are
certifying that you have the legal right to make that bid and the
necessary resources to honor that bid. Similarly, when a seller
receives a winning bid for the seller's listing, the seller is required
to complete the transaction.
Each user is restricted to a single password and may not use
additional passwords. Each user is required to use his or her
password for his or her own use only. Users may not permit others
to use their passwords.
The responsibility for ensuring that any purchase or sale of items
complies with all applicable laws shall be the user's alone.
Users may not employ Adognet Auctions to make any advertisements,
offers for sale, or any other statements that are misleading. For
example, and without limitation, users may not make offers that do
not include the total price, and users may not make offers that will
be filled with products or services other than those identified in the
offer.
Items listed for Dutch auctions must be identical in features such
as size, color, make, and model. No more than 7 listings may be
used to promote identical items, regardless of whether the items
are listed for Dutch auctions or other types of auctions.
Users will be given the opportunity to provide feedback regarding
items purchased through Adognet Auctions. In providing such
feedback, users may not submit feedback for themselves, nor may
users employ second accounts or third parties to submit positive
feedback about themselves. Users may not use second accounts
or third parties to submit negative feedback about others.
Adognet has the right, in its sole discretion, to limit the size of any
postings that users may make through Adognet Auctions and to limit
the amount of time that such postings will be retained.
Adognet charges certain fees for listings and charges fees based on
each transaction resulting from Adognet Auctions. Adognet reserves the
right to alter these fees from time to time, without notice. Please
review Adognet' fee schedule for a listing of fees charged by Adognet.
Please check the fee schedule regularly for changes in fees.
By using Adognet Auctions, you hereby agree that you shall be solely
responsible for all tax obligations and costs that arise from or relate
to your use of Adognet Auctions, including, without limitation, tax
obligations and costs for any transactions that arise from or relate
to your purchase or sale of any goods or services through Adognet
Auctions.
The information made available through Adognet Auctions is
information that has been created by third parties over whom
Adognet exercises no control. Adognet merely provides a forum in which
sellers may make items available and buyers may bid on those
items. Adognet has no involvement in the actual transactions
between sellers and buyers. By using Adognet Auctions, you hereby
acknowledge and agree that Adognet has no agency, partnership,
joint venture, employer-employee, or franchisor-franchisee
relationship with any user of Adognet Auctions.
Adognet cannot confirm that any particular user is who that user
claims to be. Nor can Adognet confirm the truth or accuracy of any
statements made by users. Adognet has provided a feedback
mechanism to help users made judgments about other users, but
Adognet cannot guarantee the truth or accuracy of the statements
made available through that feedback mechanism. Nor can Adognet
guarantee that this feedback mechanism will perform to users'
satisfaction. PLEASE EXERCISE CAUTION IN USING ADOGNET
AUCTIONS AND IN INTERACTING WITH ANY PERSONS YOU
ENCOUNTER THROUGH ADOGNET AUCTIONS. YOU SHOULD TREAT
PERSONS YOU ENCOUNTER WITH THE SAME CAUTION THAT
WOULD BE PRUDENT WHEN APPROACHING A STRANGER.
LIKE OTHER AREAS OF THE A Dog Owner's Network PRODUCTS AND
SERVICES, YOUR USE OF ADOGNET AUCTIONS IS SUBJECT TO THE
CAPITALIZED LANGUAGE SET FORTH ABOVE REGARDING
DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY.
PLEASE RE-READ THOSE PROVISIONS CAREFULLY.
Adognet shall not be responsible for any of the information made
available through Adognet Auctions or for whether any particular user
acts in accordance with his or her statements posted through
Adognet Auctions. PLEASE EXERCISE CAUTION IN USING ADOGNET
AUCTIONS AND IN INTERACTING WITH ANY PERSONS YOU
ENCOUNTER THROUGH ADOGNET AUCTIONS. YOU SHOULD TREAT
PERSONS YOU ENCOUNTER THROUGH ADOGNET AUCTIONS WITH THE
SAME CAUTION THAT WOULD BE PRUDENT WHEN APPROACHING
ANY STRANGER. You may wish to consider using a third party
escrow service to provide additional user verification.
Adognet will not get involved in any dispute between users of Adognet
Auctions.
Please read the entire Terms and Conditions as all A Dog Owner's Network
properties, Products and Services are subject to these Terms and
Conditions.
19. ADOGNET CLASSIFIEDS
Use of Adognet Classifieds is restricted to users who are at least 18
years of age.
Users may not make duplicate listings, which shall mean that users
may not make any listing that contains 60% or more of the same
characters of any other listing, without regard to the categories of
the respective listings.
Adognet Classifieds may not be used to post personal
advertisements.
By using Adognet Auctions, you hereby agree that you shall be solely
responsible for all tax obligations and costs that arise from or relate
to your use of Adognet Auctions, including, without limitation, tax
obligations and costs for any transactions that arise from or relate
to your purchase or sale of any goods or services through Adognet
Auctions.
Adognet cannot confirm that any particular user is who that user
claims to be. Nor can Adognet confirm the truth or accuracy of any
statements made by users. Adognet has provided a feedback
mechanism to help users made judgments about other users, but
Adognet cannot guarantee the truth or accuracy of the statements
made available through that feedback mechanism. Nor can Adognet
guarantee that this feedback mechanism will perform to users'
satisfaction. PLEASE EXERCISE CAUTION IN USING ADOGNET
AUCTIONS AND IN INTERACTING WITH ANY PERSONS YOU
ENCOUNTER THROUGH ADOGNET AUCTIONS. YOU SHOULD TREAT
PERSONS YOU ENCOUNTER WITH THE SAME CAUTION THAT
WOULD BE PRUDENT WHEN APPROACHING A STRANGER.
LIKE OTHER AREAS OF THE A Dog Owner's Network PRODUCTS AND
SERVICES, YOUR USE OF ADOGNET CLASSIFIEDS IS SUBJECT TO THE
CAPITALIZED LANGUAGE SET FORTH ABOVE REGARDING
DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY.
PLEASE RE-READ THOSE PROVISIONS CAREFULLY.
Adognet shall not be responsible for any of the information made
available through Adognet Classifieds or for whether any particular
user acts in accordance with his or her statements posted through
Adognet Classifieds. PLEASE EXERCISE CAUTION IN USING ADOGNET
CLASSIFIEDS AND IN INTERACTING WITH ANY PERSONS YOU
ENCOUNTER THROUGH ADOGNET CLASSIFIEDS. YOU SHOULD TREAT
PERSONS YOU ENCOUNTER THROUGH ADOGNET CLASSIFIEDS WITH
THE SAME CAUTION THAT WOULD BE PRUDENT WHEN
APPROACHING ANY STRANGER. You may wish to consider using a
third party escrow service to provide additional user verification.
Adognet will not get involved in any dispute between users of Adognet
Classifieds.
Please read the entire Terms and Conditions as all A Dog Owner's Network
properties, Products and Services are subject to these Terms and
Conditions.
21. DISCLAIMER REGARDING RICHMEDIA SEARCH AND OTHER
PICTURES, MOVIES, STREAMS AND SOUNDS LOCATED
THROUGH THE A Dog Owner's Network SEARCH SERVICES
Pictures, movies, streams, and sounds (the "Richmedia Content")
located through the Adognet RichMedia Search and other Adognet
Network search services are protected by copyright and/or other
intellectual property laws. Adognet does not have the right to
authorize you to reproduce, distribute, publicly display, publicly
perform, or create derivative works from any files containing such
Richmedia Content. Where search results link to sites outside the
A Dog Owner's Network, all of the Richmedia Content contained on such
sites is owned and served by entities other than the Adognet. The
A Dog Owner's Network provides you with the URL or address of the
Richmedia Content; this information may be used to determine the
server of the Richmedia Content. If you intend to make use of any
Richmedia Content accessed through our site for commercial or
noncommercial purposes, we strongly suggest that you contact
the server of the Richmedia Content for permission to use the
Richmedia Content.
22. A Dog Owner's Network IMAGE GALLERY
LIMITED LICENSE: Use of the Adognet Image Gallery indicates your
acceptance of the following terms and conditions and the Adognet
Network Terms and Conditions. The images made available through
the Adognet Image Gallery are copyrighted images which may also be
subject to certain other legal rights. You may only utilize each
image for personal, home use or for any of the following purposes:
criticism, comment, news reporting, teaching (includes multiple
copies for classroom use), scholarship or research. You may not
create derivative works from an image, display or distribute copies
of it, publish it, use it in a performance, or modify it in any manner
except size. You may not distribute or sublicense the images nor
use the images in any commercial, advertising, marketing or
professional manner whatsoever. Neither Adognet nor our photo
providers will be responsible or liable to you for any direct,
incidental, consequential, indirect, or punitive damages that result
from your access to or use or misuse of the images displayed on
the Adognet Image Gallery.
26. PROFESSIONAL INFORMATION DISCLAIMER
The A Dog Owner's Network makes available certain information provided by
third parties related to various professional fields such as medicine,
law, and accounting. The A Dog Owner's Network does not give advice in
any such fields and in no way endorses any of the information
provided in this manner. IF YOU INTEND TO USE ANY SUCH
INFORMATION, YOU SHOULD CAREFULLY RE-READ THE
CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will
have special importance for you. All information made available
through the A Dog Owner's Network is made available subject to The Adognet
Network' Terms and Conditions, including the Disclaimer of
Warranties and Limitation of Liability set forth above.
THE A Dog Owner's Network STRONGLY SUGGESTS THAT YOU SEEK
ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN
ANY PROFESSIONAL FIELD.
27. OPEN DIRECTORY DISCLAIMER
The A Dog Owner's Network makes available certain content through the
Open Directory. The directories, and the underlying content, are
created entirely by other parties and are solely the responsibility of
such other parties. Consequently, Adognet cannot, and does not,
represent or warrant the reliability, accuracy, and truthfulness of
that content. Although periodically Adognet may attempt to verify
the accuracy of information in the Open Directory, neither the
A Dog Owner's Network nor its agents shall be held liable for any technical
inaccuracies, typographical errors or inaccuracies in the links or
any information in the Open Directory. In addition, the Adognet
Network has no control over whether that content is of a nature
that users will find inoffensive, tasteful and otherwise acceptable.
The A Dog Owner's Network has NO responsibility for such content; rather,
it is merely providing access to such content as a service to you.
Just as when you purchase a product or service in any setting, you
should exercise appropriate discretion, good judgment and caution
in accessing content on the Open Directory and in taking any
actions based upon that content. You bear all risk associated with
any content that you access. Your accessing of any content
through the Open Directory service is subject to your agreement to
these Terms and Conditions. If you proceed to use the Open
Directory, you thereby agree to be bound by these Terms and
Conditions. The disclaimer of warranties and limitation of liability
set forth in capitalized letters above apply to the Open Directory.
28. ADVERTISERS AND CONTENT LINKED TO THE ADOGNET
NETWORK
Adognet may provide, or third parties may provide, links to other sites
or resources located on the World Wide Web. Adognet has no control
over such sites and resources. You acknowledge and agree that
Adognet 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 Adognet 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.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the A Dog Owner's Network
Products and Services, 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 Adognet 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 Product and Services.
Adognet encourages you to exercise discretion while using the
Products and Services to browse the Internet. Adognet may produce
automated search results or otherwise link you to sites containing
information that some people may find inappropriate or offensive.
Adognet makes no representations concerning any effort to review
the content of any of the sites listed in automated search results,
Web Guides or other directories, or of any of the sites otherwise
linked to the A Dog Owner's Network web sites. Adognet shall not be held
responsible for the accuracy, copyright or trademark compliance,
legality, or decency of material contained in sites listed in the
A Dog Owner's Network' search results or otherwise linked to the Adognet
Network web sites or provided to the A Dog Owner's Network by third
parties.
29. THE A Dog Owner's Network LOGOS AND SEARCH BOXES
The A Dog Owner's Network offers a non-assignable, non-transferable, and
non-exclusive license to link to the A Dog Owner's Network' web sites, using
the A Dog Owner's Network logos and search boxes, subject to the
following provisions. The A Dog Owner's Network logos and search boxes
may be placed on a Web site for the sole purpose of creating a link
to the A Dog Owner's Network and allowing users of your site to access the
Products and Services on the A Dog Owner's Network. The A Dog Owner's Network
logos and search boxes may not be used for any other purpose,
including, among other purposes, to suggest sponsorship by, or
affiliation with, or endorsement by the A Dog Owner's Network.
The A Dog Owner's Network logos and search
boxes may not be altered in any manner. The
A Dog Owner's Network logos and search boxes must appear by themselves,
with reasonable spacing (at least the height of the logo) between
each side of the applicable logo or search box and other graphic or
textual elements. The A Dog Owner's Network logos and search boxes may
not be used to disparage the A Dog Owner's Network, its products or
services, or in a manner which, in Adognet's reasonable judgment,
may diminish or otherwise damage Adognet's good will in the Adognet
Network logos. By using any such A Dog Owner's Network logo or search
box, you acknowledge that the A Dog Owner's Network has exclusive rights
to the logo or search box, and that all good will generated through
your use of the logo or search box will inure to the benefit of the
A Dog Owner's Network. If you use the A Dog Owner's Network logos or search
boxes, you must include appropriate attribution, for example:
"AdognetŪ is a registered trademark of Carnegie Mellon University,
licensed to Adognet, Inc." Adognet may terminate this license at any
time and for any reason or for no reason, without any notice.
Adognet reserves the right to revoke this license or to alter its terms
from time to time, without any notice. Adognet reserves the right to
take action against any use that does not conform to these
provisions.
30. NO LICENSE; INTELLECTUAL PROPERTY OF ADOGNET AND
OTHERS
Except as expressly provided, nothing within any of the Products
and Services shall be construed as conferring any license under
any of the A Dog Owner's Network's or any third party's intellectual
property rights, whether by estoppel, implication, waiver, or
otherwise. Without limiting the generality of the foregoing, you
acknowledge and agree that certain Content available through and
used to operate the A Dog Owner's Network and the Products and Services
is protected by copyright, trademark, patent, or other proprietary
rights of Adognet and its affiliates, licensors, and service providers.
Except as expressly provided to the contrary, you agree not to
modify, alter, or deface any of the trademarks, service marks, or
other intellectual property made available by Adognet in connection
with the Products and Services. You agree not to hold yourself out
as in any way sponsored by, affiliated with, or endorsed by Adognet,
any of Adognet' affiliates, or any of Adognet' service providers. You
agree not to use any of the trademarks or service marks or other
Content accessible through the A Dog Owner's Network of any purpose
other than the purpose for which such Content is made available to
users by Adognet. You agree not to defame or disparage Adognet, the
trademarks or service marks of Adognet, or any aspect of the
Products and Services. You agree not to adapt, translate, modify,
decompile, disassemble, or reverse engineer the Products and
Services or any software or programs used in connection with the
Products and Services or the A Dog Owner's Network.
31. INDEMNITY AND RELEASE
By using the A Dog Owner's Network web sites you agree to indemnify
Adognet, Inc. and its parents, subsidiaries, affiliates, officers, and
employees and hold them harmless from any and all claims and
expenses, including attorney's fees, arising from your use of the
A Dog Owner's Network web sites, your use of the Products and Services,
or your submission of ideas and/or related materials to Adognet or
from any person's use of any account or password you maintain
with any portion of the A Dog Owner's Network, regardless of whether such
use is authorized by you. By using the A Dog Owner's Network, using the
Products and Services, or submitting any ideas and/or related
materials to Adognet, you are hereby agreeing to release Adognet and
its parents, subsidiaries, affiliates, officers, and employees from
any and all claims, demands, debts, obligations, damages (actual or
consequential), costs, and expenses of any kind or nature
whatsoever, whether known or unknown, suspected or
unsuspected, disclosed or undisclosed, that you may have against
them arising out of or in any way related to such disputes and/or
to the Products and Services or to any disputes regarding use of
ideas and/or related materials submitted to Adognet. YOU HEREBY
AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF
SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO
WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION
1542, WHICH PROVIDES
"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 IS
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."
32. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law
to the contrary, any claim or cause of action you may have arising
out of, or relating to, your use of the A Dog Owner's Network or the
Products and Services must be filed within one (1) year after such
claim or cause of action arises, or forever be barred.
33. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All other marks that appear throughout the
Products and Services belong to Adognet, members of the Adognet
Network, or the respective owners of such marks, and are
protected by U.S. and international copyright and trademark laws.
Any use of any of the marks appearing throughout the Products
and Services without the express written consent of Adognet or the
owner of the mark, as appropriate, is strictly prohibited.
34. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of the A Dog Owner's Network to respond expeditiously to
claims of intellectual property infringement. Adognet will promptly
process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying or substantially complying with the
DMCA, the A Dog Owner's Network will act expeditiously to remove or
disable access to any material claimed to be infringing or claimed to
be the subject of infringing activity and will act expeditiously to
remove or disable access to any reference or link to material or
activity that is claimed to be infringing. The A Dog Owner's Network will
terminate access for subscribers and account holders who are
repeat infringers.
Email Address: copyright@adognet.com
Please put "Notice of Infringement" in the subject line of all such
notifications. When Adognet removes or disables access to any
material claimed to be infringing, Adognet may attempt to contact
the user who has posted such material in order to give that user
an opportunity to respond to the notification, although Adognet
makes no promise to do so. Any and all counter notifications
submitted by the user will be furnished to the complaining party.
Adognet will give the complaining party an opportunity to seek judicial
relief in accordance with the DMCA before Adognet replaces or
restores access to any material as a result of any counter
notification.
35. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the
Products and Services, all legal issues arising from or related to the
use of the Products and Services shall be construed in accordance
with, and all questions with respect thereto shall be determined by,
the laws of the Commonwealth of Massachusetts applicable to
contracts entered into and wholly to be performed within said
state. Any controversy or claim arising out of or relating to these
Terms and Conditions or any user's use of the Products and
Services shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on
an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration
shall be conducted in Lake Arrowhead, California, and judgment on the
arbitration award may be entered into in any state or federal court
in California having jurisdiction thereof. Any party seeking
temporary or preliminary injunctive relief may do so in any state or
federal court in California having jurisdiction thereof. Except
as set forth above, the state and federal courts of California
shall be the exclusive forum and venue to resolve disputes arising
out of or relating to these Terms and Conditions or any user's use
of the Products and Services. By using the Products and Services
and thereby agreeing to these Terms and Conditions, users
consent to personal jurisdiction and venue in the state and federal
courts in Massachusetts with respect to all such disputes.
36. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN
PRODUCTS AND SERVICES
The A Dog Owner's Network reserves the right to modify the Products and
Services from time to time, for any reason, and without notice,
including the right to terminate the Products and Services. The
A Dog Owner's Network reserves the right to modify these Terms and
Conditions from time to time, without notice. Please review these
Terms and Conditions from time to time so you will be apprised of
any changes.
37. MERGER
These Terms and Conditions constitute the entire agreement
between the parties with respect to the subject matter contained
herein and supersedes any other agreement, proposals and
communications, written or oral, between Adognet' representations
and you with respect to the subject matter hereof; except that
any other terms and conditions located on any individual Adognet
Network web site or in connection with the Products and Services
are incorporated herein by reference to the extent they do not
conflict with these Terms and Conditions. To the extent that any
other terms and conditions or terms of service conflict with these
Terms and Conditions, those other provisions shall control with
respect to the use of the particular web site and any Products or
Services available on or through the web site or the respective
Product or Service at which those other provisions may be found.
38. NON-WAIVER AND SEPARABILITY
Adognet' failure to exercise any right or provision of these Terms and
Conditions shall not constitute a waiver of such right or provision.
If a court of competent jurisdiction holds any provision of these
Terms and Conditions 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 agree that the other
provisions of these Terms and Conditions remain in full force and
effect.
39. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Adognet are independent
contractors under these Terms and Conditions, and nothing herein
shall be construed to create a partnership, joint venture, agency,
or employment relationship. Neither party pursuant to these Terms
and Conditions has authority to enter into agreements of any kind
on behalf of the other and neither party shall be considered the
agent of the other.
40. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or
delegate your rights or obligations under these Terms and
Conditions without prior express written authorization of Adognet.
41. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale,
assignment, sublicensing, or other transfer of rights or obligations,
these Terms and Conditions shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs,
successors, and assigns.
42. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as
you use the Products and Services, unless specifically terminated
earlier by Adognet. All provisions of these Terms and Conditions which
impose obligations continuing in their nature shall survive
termination of these Terms and Conditions.
43. COMMUNICATIONS WITH USERS
Adognet reserves the right to communicate with you regarding your
use of the Products and Services.
44. SUBMISSIONS OF IDEAS
The A Dog Owner's Network is always improving its Products and Services
and developing new features. If you have ideas regarding
improvements or additions to the A Dog Owner's Network, we would like to
hear them -- but any submission will be subject to these Terms
and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY
DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO ADOGNET BE
SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR
EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA
AND/OR ANY RELATED MATERIAL TO ADOGNET, YOU ARE WAIVING
ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY
RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING
TO ADOGNET THAT THE IDEA AND/OR RELATED MATERIALS ARE
WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY
RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT ADOGNET IS FREE
TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO
DESIRES, AS PROVIDED OR AS MODIFIED BY ADOGNET, WITHOUT
OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
45. EXPORT CONTROLS
Certain software, and related documentation or technical
information, available through the A Dog Owner's Network is subject to
applicable laws and regulations of the United States pertaining to
export controls. By using such software or related documentation
or technical information, you represent and warrant that you are
not located in, or under the control of, or a national or resident of
any embargoed country or any country on the U.S. Department of
Commerce's Table of Denial Orders. You agree not to export or
re-export such software or related documentation or technical
information directly or indirectly to any countries that are subject
to United States export restrictions.
47. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights
of Adognet and the A Dog Owner's Network, Adognet reserves the right to
pursue any and all legal and equitable remedies against you,
including, without limitation, terminating any and all user accounts
on any and all of the A Dog Owner's Network web sites.
If you are aware of any violations of these Terms and Conditions,
please report them to:
A Dog Owner's Network Abuse Manager
P.O. Box 909
Lake Arrowhead, CA 92352
Email Address: abuse@adognet.com
For individual Products and Services Violations of these Terms and
Conditions, please use the respective email addresses to contact
the A Dog Owner's Network:
Chat: communities@adognet.com
Messageboards: communities@adognet.com
Web pages: abuse@adognet.com
Adognet reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including email) by you, or to restrict,
suspend, or terminate your access to all or any part of the Adognet
Network at any time, for any or no
reason, with or without prior notice, and without liability.
We hope your enjoyment of Adognet' Products and Services will be
enhanced by the application of these Terms and Conditions. It is
our belief that your understanding of the guidelines we have set
forth will allow the Adognet community to continue to be a place
where each of us can prosper, grow, and enjoy ourselves within an
open and non-threatening environment. Thank you for taking the
time to read these Terms and Conditions and we hope you enjoy
our Products and Services.
Last updated August 21, 2000