1. Agreement. Welcome to The Dogist, LLC website. Please review the following terms and conditions concerning your use of this Site. By accessing or using this Site, or downloading materials or transmitting information to and/or from this Site, you agree to be bound by this Terms of Service Agreement and the disclaimers and caveats contained on this Site. In this Agreement the terms “You” and “User” refers to you; the term “We” or “Dogist” refers to The Dogist, LLC, and the term “Site” refers this web site. The Site is intended to convey general information about The Dogist, LLC and its products or services. Use of this Site does not a license or right to use The Dogist, LLC’s photographs, images, videos, designs, site content, products or its proprietary information, all of which are the property of The Dogist, LLC.
2. Information on Site. The Dogist, LLC does not guaranty that the Site will be error-free. Browsing the Site or use of any information from this Site is at your sole risk.
3. Use of the Site. The Company authorizes You to view and access a single copy of the content available on or from the Site, solely for your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, photograph, video, image, information, software, products or services obtained from the Site. You do not acquire any ownership rights or incidents thereof to the Site or any Site Content (as defined in Section 8 below), software or document used through the Site.
4. Intellectual Property Rights. The photographs, images, videos content, organization, gathering, graphics, design, look and feel, software, compilation, magnetic translation, digital conversion and other matters related to The Dogist, LLC’s business on the Site are protected under applicable copyright, trademark and other intellectual property laws and the copying, redistribution, use or publication by any User of any such content, graphics, design, photographs or any part of this Site is prohibited. User does not acquire any ownership rights, or incidents thereof, to any design, photographs, images, videos, content or document used through this Site. DOGIST is a registered trademark of The Dogist, LLC. The trademarks may not be modified, and they may not be used, downloaded, copied or distributed in any way. No use, copying or transmission of the trademarks or copyrighted material may be made without the express prior written consent of The Dogist, LLC. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site is prohibited. Unauthorized use of the Site, Site Content, HTML code, CSS code and/or any other code used or created by or for The Dogist, LLC may violate copyright, trademark, and other laws and is prohibited.
5. WARRANTIES AND DISCLAIMERS. THE SERVICE, CONTENT AND INFORMATION AVAILABLE FROM OR THROUGH THIS SITE ARE PROVIDED AS-IS, AS AVAILABLE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY SPECIFICALLY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE AND/OR THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS OR LIMITATIONS. THE DOGIST, LLC ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR HOW USE OF THIS SITE MAY AFFECT YOUR PROGRAMS, SOFTWARE, HARDWARE, COMPUTER OR BUSINESS. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN OR ACCESSED THROUGH THE ELECTRONIC FILES OR AT THIS SITE IS HEREBY SPECIFICALLY DISCLAIMED.
6. LIMITATIONS OF LIABILITY. THE DOGIST, LLC AND ITS MEMBERS, OWNERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND THIRD PARTY CONTENT OR SERVICE PROVIDERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE DOGIST, LLC AND USER. THE INFORMATION AND THE GOODS AND SERVICES PROVIDED FROM THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE AMOUNT PAID BY USER FOR THE PRODUCT OBTAINED THROUGH THIS WEBSITE.
7. Indemnification. User hereby indemnifies, defends and holds harmless The Dogist, LLC and its members, owners, directors, officers, agents, employees, licensors, affiliates, content and service providers, participating suppliers and companies from and against any liability, loss, claim and expense, including attorneys fees and expenses, related to, caused by, or resulting from, User’s access or use of this Site (whether authorized or unauthorized), User’s use of information or content gained from this Site, User’s purchase of or use of any product purchased through the Site, or User’s violation of this Agreement.
8. User Submissions. If You submit photographs, images or videos to The Dogist, LLC (the “Work”) by such submission You irrevocably transfer all right, title and interest, including, without limitation, all copyright, trademark, and other proprietary and intellectual property rights, in the Work to The Dogist, LLC such that all rights related to the Work shall be the exclusive property of The Dogist, LLC. The Dogist, LLC shall have the right to use publish and display the Work in such manner and for such purpose as The Dogist, LLC, in its sole discretion deems appropriate, including the right to alter the Work and to make derivatives therefrom. If you submit Work, by such submission You grant permission to The Dogist, LLC to use Your image, virtual likeness, portrait or photograph, in any and all media and social media including, but not limited to, website, blogs, Instagram, Facebook, Twitter, publications, videos, brochures and marketing materials (collectively “Media”), all of which will be the exclusive property of The Dogist, LLC. You acknowledge and understand that The Dogist, LLC may keep or use the Work now and in the future in such manner as it deems appropriate but The Dogist, LLC has no obligation to use the Work. You understand that by submitting the Work (i) You are transferring all rights to the Work to the The Dogist, LLC and therefore will have no rights to use the Work in any manner, to publish or display same or to make derivatives of the Work; and (ii) The Dogist, LLC may receive income or compensation from the Work none of which will be due and owing to You and You are not entitled to any monetary compensation for the Work.
9. Publicity by The Dogist, LLC. In consideration of submitting the Work, if The Dogist, LLC makes use of the Work The Dogist, LLC will attribute the Work to You and will include in its Media (on such Media and in such location as The Dogist, LLC determines in its sole discretion) Your bio (which The Dogist, LLC may alter as it determines in its sole). The Dogist, LLC will not be responsible for any errors or omissions in regard to Your information that appears in The Dogist, LLC Media and You hereby release The Dogist, LLC and its members, officers, directors, employees and agents from any liabilities, claims, costs, damages, errors or omissions with regard to Your information that The Dogist, LLC uses, publishes or posts. You represent and warrant that all information that You submit to The Dogist, LLC at any time is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, misleading or false. By submitting the Work You warrant and represent that You own or otherwise control all of the rights to such content including, without limitation, all intellectual property rights,. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to transfer ownership of the Work.
10. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”), all copyright infringement issues regarding the Site should be directed to the designated agent set forth below:
The Dogist, LLC.
If you believe that the Site infringes on or contains material infringing on the copyright ownership of another or Your copyrighted material contact the Designated Agent listed above and include the following information:
A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;
- Identification of the URL or other specific location on the Site where the material or activity You claim to be infringing is located or is occurring;
- You must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number and, if You have one, your e-mail address;
- A statement by You that You have a good faith belief that use on the Site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law;
- A statement by You, made under penalty of perjury, that the information You have provided in Your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner; and
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf.
Please note that You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that any material, a product or activity is infringing Your copyright or that of another. Upon receipt of a copyright infringement notice The Dogist, LLC will follow the guidelines of the DMCA with regards to notifying the owner thereof, the infringer and blocking access to infringing material. The Company, in appropriate circumstances, will remove any infringing material or disable access thereto and may terminate any User who is an infringer or posts infringing information.
11. Links; Information Posted. This Site may contain links to other Internet Sites. The Dogist, LLC has no control over such Sites. Such links are not endorsements of any products or services in such Sites and no information in such Sites has been endorsed or approved by The Dogist, LLC. The Dogist, LLC does not in any way guaranty the information contained in these Sites. The Dogist, LLC disclaims any warranty as to the accuracy of such Site or information contained therein. Clicking on such links and accessing other sites and/or information contained therein is at Your own risk.
12. User Comments. We appreciate hearing from our users and customers and welcome Your comments regarding our photographs, images, videos, products and services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, photographs, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the The Dogist, LLC. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Dogist, LLC shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
13. Jurisdiction. This Agreement shall be treated as though it were executed and performed in New York and shall be governed and construed in accordance with the laws of the State of New York (without regard to conflict of law principles) and the laws of the United States of America. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement and this Site shall be brought solely in New York and User expressly submits to the jurisdiction of said courts and the federal courts sitting in New York and User consents to extra-territorial service of process. Any cause of action by User must be instituted within six months after the transaction giving rise to the action or be forever waived and barred.
14. User Representations. User represents and warrants that (i) User will comply with all laws statutes, regulations and ordinances in connection with the use of the Site and any results therefrom, (ii) User will not do anything to interfere with the integrity of this Site or to cause any overload thereto, (iii) User is responsible for any content that it posts or transmits on or through the Site and for all activity conducted through its account; (iv) User will not use the Site to distribute, link to, or solicit content that: violates any law, is harmful to others, constitutes unsolicited advertising or contains viruses or programs intended to disrupt or damage this Site or The Dogist, LLC’s business.
15. Breach of Agreement; Termination of Account. The Dogist, LLC may issue a warning, suspend or terminate User’s ability to access and/or use this Site if User breaches this Agreement or otherwise misuses this Site, or The Dogist, LLC otherwise determines, it its discretion, that User should no longer have access to this Site. The Dogist, LLC may terminate User’s account if User engages in any fraudulent activity in connection with this Site or if User otherwise misleads other users of this Site. Further The Dogist, LLC may change the Site, suspend the Site or shut down the Site as it determines in its sole discretion without liability of any kind to you.
16. Modification. The Dogist, LLC may modify this Agreement by posting changes on this Site. Such changes shall be binding on User by its use of this Site.
17. Notices; Waiver. All notices concerning this Site and the use thereof shall be given by a notice posted at the Site. Notice shall be deemed given 24 hours after being posted at this Site. The Dogist, LLC may terminate your access to the Site at any time. Failure of The Dogist, LLC to act in any one instance of a default or breach does not waive its right to act with respect to a subsequent breach or waiver.
18. Service Interruption. The Dogist, LLC does not guarantee continuous access to the Site, the service or data contained therein. Operation of the Site or the data contained herein may be interrupted or otherwise interfered with for reasons beyond the control of The Dogist, LLC. The Dogist, LLC shall have no liability or responsibility for any interruption of service or lack of access to data or loss of data.
19. Disclosure of Information. The Dogist, LLC reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Dogist, LLC 's sole discretion.
© 2018, THE DOGIST, LLC, all rights reserved