1. ACCEPTANCE OF TERMS
i Love Dogs, Inc., through the site ilovedogs.com (hereinafter, “ilovedogs.com” or “the Site”) provides its services to you subject to the following Terms of Service (“TOS”). Each time you use ilovedogs.com you signify your acceptance and agreement, without limitation or qualification, to be bound by the TOS, and you represent and warrant that you have the legal authority to agree to and accept the TOS. If you do not agree with any provision of the TOS, or you are not authorized to agree to and accept the TOS, or you do not have the legal authority to agree to and accept the TOS, you may not use the Site. In such event, you are no longer allowed to use ilovedogs.com and you should exit the Site as soon as possible.
2. CHANGES TO THE TERMS OF SERVICE
You may not change, supplement, or amend the TOS in any manner. ilovedogs.com reserves the right to update the TOS at any time without notice to you. ilovedogs.com may, in its sole discretion, change, supplement or amend the TOS as it relates to your future use of the Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised version of the TOS on the Site. Accordingly, when you use the Site you should check and review any changes to the TOS. Each time you use the Site, the text of the TOS as it then reads will govern your use from that point of time onwards.
3. DESCRIPTION OF SERVICE
In addition to the sale of dog related merchandise, ilovedogs .com is a website that provides, among other things, commercial, educational, entertainment-related, and communications-related contents, tools, and links (collectively, the “Service”). Unless explicitly stated otherwise, any new features added to or augmenting the Service and will be added to the definition of “Service” are subject to this TOS.
4. UNLAWFUL USE AND CONDUCT
You agree that your use of the Site must comply with all applicable local, state, national, and international laws, decrees and regulations, and that you will not use the Service for any illegal purpose.
Some functions of this Site may require you to register as a member (“Member”) by selecting an unique member identification (“ Member ID ”) and password (“Password”). In registering to be a Member, you represent that you are of legal age to form a binding contract , and agree to provide accurate, current, and complete information about yourself as requested, and to maintain and promptly update the information to ensure that it remains accurate, current, and complete. If you provide any information that ilovedogs.com believes to be inaccurate, not current, or incomplete, or if you select a Member ID that ilovedogs.com, in its sole and absolute discretion, finds offensive or inappropriate, ilovedogs.com has the right to suspend or terminate your membership and refuse any and all current or future use of the Site without prior notice and liability to you. Membership in the ilovedogs.com service is intended for adults, and children under legal age in the respective jurisdiction not capable of entering any legal relationship should not obtain a Member ID and should not submit any personal information to or through the Site.
You agree to (a) keep your Password confidential and to only log in with your Member ID and Password, (b) ensure that you exit from your account at the end of each session, and (c) immediately notify ilovedogs.com of any unauthorized user of your Member ID and/or Password , (d) you may not use anyone else’s account at any time without the permission of the account holder, (e) you are solely responsible and liable for any use or misuse of your Member ID and/or Password and for all activities that occur under your account regardless of whether you knew of any such use or misuse by unauthorized parties. You must ensure that all uses of your Member ID and Password and account comply with the TOS, (f) all Member IDs, passwords and accounts remain the property of ilovedogs.com, and may be canceled or suspended at any time by ilovedogs.com without any notice or liability to you or any other person. ilovedogs.com is not under any obligation to verify the actual identity or authority of the user of any Member ID, Password or account, and (g) the security and privacy provided by passwords is not complete, and can be circumvented. Use of passwords is at your own risk . You are fully responsible for all activities that occur under your Member ID. ilovedogs.com will not be liable for any loss or damage arising from your failure to comply with this Section.
7. USER CONDUCT
You understand and agree that all information, data, text, software, images, music, sounds, photographs, graphics, video, messages, goods, products, services or other materials (collectively, the “Content”) are the sole responsibility of the individual or entity from which such Content originated. ilovedogs.com is not responsible for any Content posted, displayed, uploaded, stored, or transmitted by any person or other originator of said content. This means that you, and not ilovedogs.com, are entirely responsible for all Content that you post, display, upload, store or transmit through the Site. ilovedogs.com cannot guarantee the truthfulness, authenticity, quality or accuracy of said Content. Under no circumstances will ilovedogs.com be liable in any way for any content, including, without limitation, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Site. You acknowledge that ilovedogs.com does not pre-screen Content, but that ilovedogs.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse, change, delete, or re-categorize any Content that is available on the Site. Without limiting the foregoing, ilovedogs.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. Any decision to refuse, move, or remove content is within the sole discretion of ilovedogs.com, its employees, agents, and appointed designees. You agree that any improper, abusive, fraudulent, and/or illegal activity or violation of the TOS may be grounds for immediate termination of your membership. You further 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 ilovedogs.com or submitted to ilovedogs.com. When uploading Content, you agree to select an accurate category for your Content. In addition, you agree that you will refrain from using tags that do not pertain to the Content or that infringe upon anyone else’s trademark. If you are uploading Content for any business purpose, including advertising or promotional reasons, you must categorize the Content as Business/Advertising/Promotion. Failure to do so may result in termination of your membership and denial of future access to the Service. ilovedogs.com and its designees shall have the right, at their sole discretion, to refuse any commercial Content for any reason.
By using or accessing the Service, you hereby agree to refrain from the following: (a) uploading, posting, transmitting, or displaying materials containing obscene or pornographic contents; (b) uploading, posting, transmitting, or displaying content that is unlawful, harmful, defamatory, threatening, abusive, harassing, tortuous, vulgar, libelous, invasive of another’s privacy, hateful or otherwise offensive or objectionable. This includes, by way of example, content that promotes or condones bigotry, prejudice, racism, or hatred, as well as other content that is racially or ethnically objectionable; (c) uploading, posting, transmitting, or displaying content that exploits children or otherwise harms minors; (d) violating the rights of another individual or entity, including but not limited to intellectual property rights; (e) uploading, posting, transmitting, or displaying content, including tags placed on user content, that infringes on any patent, trademark, service mark, copyright, trade secret, right of publicity, or other proprietary right; (f) uploading, posting, transmitting, displaying, or linking to material used to circumvent copy-protected devices and software, including serial or registration numbers for software programs, cracker utilities, software used for game emulation; (g) interfering with or disrupting the Service and/or the servers or networks connected to the Service; (h) uploading, posting, transmitting, or displaying unsolicited advertisements, promotional materials, “spam,” “junk mail,” “chain letters,” and “pyramid schemes”; (i) stalking or otherwise harassing another person; (j) impersonating any person or entity, including, but not limited to, a ilovedogs.com employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (k) forging or intentionally modifying headers or other information for the purpose of disguising the origin of any Content transmitted through the Service; (l) uploading, posting, transmitting, or displaying any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (m) uploading, posting, transmitting, or displaying any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (n) violating any applicable local, state, national or international law; (o) promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; and/or (p) offering for sale or selling any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) ilovedogs.com determines, in its sole discretion, is inappropriate for sale through the Service. You understand that your Content may be transmitted over various networks and changed to conform and adapt to technical requirements.
You agree that ilovedogs.com may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your Member ID, and remove or discard from the Service any Content associated with your Member ID. Grounds for such termination may include, but not be limited to, (a) extended periods of inactivity, (b) violating or acting inconsistently with the terms or spirit of this TOS, (c) discontinuance or material modification of the Service, or (d) requests by law enforcement or other government agencies. ilovedogs.com may also in its sole discretion and at any time, discontinue providing this site and/or the Service, or any part thereof, with or without notice and without any compensation to you.
9. INTELLECTUAL PROPERTY
10. TRADEMARKS AND SERVICE MARKS
i Love Dogs, ilovedogs and ilovedogs.com are trademarks and service marks of i Love Dogs, Inc.. All rights are reserved.
11. NOTIFICATION AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY INFRINGEMENT
ilovedogs.com will take appropriate actions in response to notice of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this site or the Service, please provide notice to ilovedogs.com’s copyright agent. Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the “Notice”), and must include substantially all of the following: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (b) a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled; (c) a description of the exact name of the infringing work on this site or the Service (and the location of the infringing work, if it appears on this site or the Service) or if the infringing work appears on a site linked to from this site or the Service where the material that you claim is infringing is located on such site; (d) information sufficient to permit ilovedogs.com to contact you, such as your physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf. To reach ilovedogs.com’s Copyright Agent for notice of claims of copyright infringement: By email: email@example.com By mail: I Love Dogs, Inc. 3043 Kashiwa Street Torrance, CA 90505 Attn: Copyright Agent The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Service. The Copyright Agent will not respond to any other inquiries.
By using or accessing this site or Service, you agree not to “frame” all or any portion of the site or Service unless you receive the prior written consent of ilovedogs.com, or you use codes authorized by the user who uploaded the content and provided by ilovedogs for the purpose of linking from other sites. Inquiries about framing this site can be sent to the following email address: firstname.lastname@example.org. Any decision to grant or deny a request to frame the site is within the sole discretion of ilovedogs.com, its employees, agents, and appointed designees.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. ilovedogs.com expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. ilovedogs.com assumes no responsibility for the timeliness, deletion, or mis-delivery of any content, or failure to provide any content or to store any personalization settings or user content. (B) Any content downloaded or otherwise obtained through the service is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such content. (C) The Site and the Service are not intended to be a comprehensive or detailed provider of veterinary advice or recommendations concerning any matter addressed. You should seek professional veterinary advice and veterinary recommendations, before acting or omitting to act based upon any information provided by ilovedogs.com whether through the Site or in relation to the Service. (D) Any information provided by ilovedogs.com or its representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this Agreement and you may not rely upon any such information.
14. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT ILOVEDOGS.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ILOVEDOGS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE OR SERVICE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SITE OR SERVICE, (C) UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR TRANSMISSIONS OR DATA, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER REGARDING THE SERVICE. Furthermore: (i) Your use of the Site is at your own risk. (ii) The Site and any Services provided to the Members or Users of the Site are provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of merchantability, fitness for a particular purpose, performance or durability, all of which are hereby disclaimed by ilovedogs.com and its service providers to the fullest extent permitted by law. (iii) The operation of the Site may be affected by numerous factors beyond ilovedogs.com ‘s control. The operation of the Site may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated. (iv) ilovedogs.com is under no obligation to verify the identity of users of the Site. (v) Without limiting the generality of the foregoing, ilovedogs.com and its service providers make no representation, warranty or condition that: • the Site will be compatible with your computer and related equipment and software; • the Site will be available or will function without interruption or will be free of errors or that any errors will be corrected; • the information available on or through the Site will be accurate, complete, sequential, or timely; • certain or any results may be obtained through the use of the Site; • the use of the Site, including the browsing and downloading of any information, will be free of viruses, Trojan horses, worms or other destructive or disruptive components; • the use of the Site by any and the use of the Service by any Member or users of the Site will not infringe the rights (including intellectual property rights) of any person; and • ilovedogs.com and its service providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
15. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You agree, at your own expense, to indemnify, defend, and hold harmless ilovedogs.com, its employees, agents, and representatives against claim, suit, action, or administrative proceeding brought against ilovedogs.com, its employees, agents, and representatives to the extent said claim, suit, action, or administrative proceeding arises out of, or is related to your content, your use of or connection to the service, your violation of this TOS, or your violation of any rights of another. Without limitation to the foregoing, the indemnification agreement hereunder extends to, among other things, any claim, suit, action, or administrative proceeding arising out of: (a) your access or use of the service; (b) access or use of the service by someone else using your computer or member id; (c) a violation of the TOS by you or anyone using your computer or member id. This indemnification agreement applies to any claim, suit, action, or administrative proceeding that is directly or indirectly related to the service, including by way of illustration a claim, suit, action, or administrative proceeding that your use or access or another person’s use or access of your computer or member id infringes any copyright, trademark, service mark, patent, trade secret, right of publicity, or other proprietary right under any U.S., international, foreign, or state law. As another example, which is not to be construed as limiting the scope of the indemnification provision, this indemnification agreement applies to any claim, suit, or action where your use or access to the service is in any way defamatory, slanderous, libelous, or otherwise injurious to a third party. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney’s fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding.
17. INFORMATION, ARTICLES AND ADVICE
ilovedogs.com offers and facilitates a variety of articles, information, and advice to dogs through this site, for informational and educational purposes only. Such information, whether provided by the site or its users, is not intended to diagnose, treat, or cure your pet, and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet, contact your regular veterinarian or local animal hospital.
18. WAIVER AND SEVERABILITY
The failure of ilovedogs.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the provisions of the TOS are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
19. ENTIRE AGREEMENT
The TOS constitutes the entire and only Agreement between you and ilovedogs.com with respect to the ilovedogs.com Service, and supersedes any prior agreements, oral or written, between you and ilovedogs.com. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on ilovedogs.com. You also may be subject to additional terms and conditions that may apply when you use affiliate or other ilovedogs.com services, third-party content or third-party software.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to the TOS.
21. SOFTWARE AGREEMENTS
ilovedogs.com may cause software to be available for you to download from the Site or through other Internet sites, including Internet sites operated by ilovedogs.com’s service providers. All such software is protected by copyright, and your downloading and use of the software is governed by any applicable transaction agreement and any relevant software license agreement specific to the software. By downloading software, you signify your agreement and acceptance of any relevant software license agreement.
22. OTHER MATTERS
(a) If any provision of the TOS is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the TOS and shall not affect the validity and enforceability of any remaining provisions. (b) The provisions of the TOS, to such extent as relevant to the relevant party, will inure to the benefit of and be binding on each of the Company and its respective successors and assigns, and each of all users and Members, and their respective heirs, executors, administrators, successors, permitted assigns, and personal representatives (collectively “the Parties”). The Parties may not assign this Agreement or rights and obligations under this Agreement without the express prior written consent of the Company, which may be withheld in the Company’s sole discretion. The Company may assign the TOS and its rights and obligations under the TOS without consent from any other person. (c) No waiver, express or implied, by either party of any breach of or default under the TOS will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. (d) The Company is an independent contractor with regard to any advertisers, users, or other entities whose information may be posted on the site, and no agency, partnership, joint venture, employment or franchise relationship between the Company and any such parties is intended.