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Terms of Service

updated 28 August 2009

Welcome to BulldogBreeds.com (the "Web Site"), which is produced by the "Company". This page states the Terms of Service (the "Terms" or the "TOS") under which this Web Site is available for use. Please read this page carefully. By accessing and using this Web Site you accept and agree to be bound, without limitation or qualification, by these Terms and any other terms and conditions that may apply. The Company may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. By using the Web Site after we have made any modification or revision, you agree to be bound by the revised terms. If you do not accept any of the Terms stated here, do not use the Web Site. The Company retains the right to deny access to anyone at its complete discretion for any reason, including but not limited to violation of these Terms.

  1. Web Site Usage
  2. The contents of this Web Site, such as text, graphics, images, audio, video and all other material ("Material"), are protected by copyright under both United States and foreign laws, and are owned by the Company or licensed to the Company. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Materiall on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web Site, or in a networked computer environment for any purpose is prohibited, without the express written permission of the Company. The trademarks, logos, and service marks (the "Marks") displayed on the Web Site are owned by the Company. You are prohibited from use of those Marks without the express, written permission of the Company or such third party. If you would like information about obtaining permission from the company to use the Material on your Web site, please contact us via email. If you violate any of these Terms, your permission to use the Material will be automatically terminated and you must immediately destroy any copies you have made of the Material whether said copies are in your possession or in the possession of any third party.





  3. User-Submitted Material
  4. You agree not to submit any unlawful, abusive, defamatory, harassing, obscene, or otherwise objectionable Material of any kind, including but not limited to Material that would constitute a criminal offense, violate the rights of others, or violate the laws or regulations of the United States or other jurisdiction. You agree not to submit any Material that infringes on any intellectual property rights of another, including but not limited to copyright and trademark. You agree not to submit any Material that you have reason to believe is false, misleading, or fraudulent, or contains private information about an identifiable person without that person.s written permission. You remain solely responsible for, and agree to indemnify and hold harmless the Company, its agents, affiliates, representatives, licensors, and licensees, against any claim arising from any Material you submit as well as Material submitted by a third party using your computer or IP address.

    Any Material you submit to the Web Site is and will be treated as non-confidential and non-proprietary. The Company has no obligation of any kind with respect to submitted Material. The Company reserves the right, but has no obligation, to remove, edit, or reject any Material it deems inappropriate. You agree that modification of the Material by the Company or its agents does not transfer ownership of said Material.

    You warrant that the Material submitted is original, has not been previously licensed or submitted to another Web Site or entity, and that you own the proprietary rights to said Material, including copyright, trademark, and patent rights as applicable, or the express written authority of the owner(s) of said rights to use and license the Material. You retain all patent, trademark, and copyright to any Material submitted. You further warrant that you have all rights, power, and authority necessary to claim and grant the license conveyed herein to the submitted Material. By submitting Material to the Web Site, you agree to grant the Company, its agents, affiliates, representatives, licensors, and licensees, a worldwide, irrevocable, nonexclusive, perpetual, royalty-free right (including moral rights) and license to copy, modify, translate, publish, disclose, transfer, assign, sell, and distribute said Material in any form now known or hereafter developed, for any purpose without limitation, and without any obligation of notice, attribution, or compensation to you or another.

  5. Company's Liability
  6. The Material on the Web Site contains inaccuracies and typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. You expressly agree that any use of the Web Site and the Material is entirely at your own risk. We reserve the right to make periodic changes to the Web Site, and these changes may be made at any time without notice. Some of the Material on the website is produced by third parties including, but not limited to, the Breeders Directory and the Forum. You expressly agree that the Company is not liable or responsible for any defamatory, offensive, or illegal conduct of other subscribers or third parties.

    The Company does not warrant that the Web Site will operate error-free or that the Web Site or its server is free of computer viruses or other harmful goods. If your use of the Web Site or its Material results in a need to repair or replace equipment or data, the Company is not responsible for those costs.

    The Web Site and its Material are provided on an as-is basis without warranty express or implied. The Company and its suppliers and affiliates, to the fullest extent permitted by law, disclaim all warranties, including the warranty of non-infringement of proprietary or third party rights, and the warranty of fitness for a particular purpose. The Company and its suppliers make no warranties as to the accuracy, reliability, completeness, or timeliness of the material, services, text, graphics and links.

  7. Disclaimer


  8. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  9. Links to Other Web Sites


  10. The Web Site contains links to third party Web sites maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations on the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

  11. Limitation of Liability
  12. Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, your sole and exclusive remedy is to discontinue use of the Web Site.

    Under no circumstances shall the Company be liable to any user on account of that user's use of the Web Site. Such limitation of liability shall apply to prevent recovery of any and all damages, including, without limitation, direct, indirect, incidental, consequential, special, punitive and exemplary damages arising from any use of the Web Site, including any damages that may be incurred by third parties.

  13. Indemnity
  14. You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement.

  15. User Information


  16. The Company may use the information it obtains relating to you, including your IP address, name, e-mail address, mailing address, and use of the Web Site, for its business and marketing purposes. Your personal information will be treated in compliance with our Privacy Policy [link to Privacy Policy page].

  17. Minors


  18. This Web Site contains material that may not be appropriate for minors. If there is concern by parents that children may visit this site, the Company recommends using a parental control software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications.

  19. Breeders Directory


  20. The Breeders Directory is the portion of the Web Site in which third parties (“Members”) are permitted to create listings which may include text, image(s), and link(s). Whether membership in the Breeders Directory is purchased or given free of charge, any Member's listing may be removed at any time at the sole discretion of the Company for any reason including, but not limited to, promotion of illegal activity, questionable ethics, use of grammatical or spelling errors in listings, suspicion of fraud, or any act deemed distasteful by the Company or its workers. Members that have purchased their membership will be offered a refund for the unused portion of the membership. However, if the Member is unable or unwilling to accept a refund by PayPal, then the Member forfeits all rights to his/her membership and his/her refund.



  21. General


  22. The Company makes no claims the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. The Company is not responsible for any damages, claims or injuries that may result from unlawful or inappropriate access to the materials. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of any appropriate jurisdiction.

    All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the state in which The Company is registered applicable to contracts entered into and performed within the state without respect to its conflict of laws principles. By using this Web Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of this Web Site is the circuit court in the state in which The Company is registered. You hereby irrevocably waive any objection that you may have to the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

    If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Failure to enforce any provision of this agreement or the Terms does not constitute a waiver for future enforcement of said Terms or terms of this agreement.


   

 

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