DogTime.com, CatTime.com and WagPac.com Terms and Conditions
Welcome to DogTime.com, CatTime.com, and WagPac.com, the websites and applications brought to you by DogTime Media, the largest network dedicated exclusively to pet content. DogTime.com is the website and matchmaking service for all things dog, CatTime.com is the adoption portal and informational website for all things feline, and WagPac.com provides a subscription service for monthly delivery of gift boxes for dog lovers. To make these sites and applications (collectively, the "Sites" and individually, a "Site"), and the services offered through them, an enjoyable experience for everyone, all users must agree and abide by these terms and conditions ("Terms"). Each time you access or use a Site and any service offered through a Site, you represent and warrant that you have read, understand and agree to abide by these Terms.
We may change these Terms time to time without prior notice to you, so check back periodically for the latest version (see the "Effective Date" above), which will apply immediately upon posting.
These Sites are administered from within the United States and are intended for use by persons residing lawfully in the U.S. who are 13 years of age and older. Whatever your location, you are solely responsible for compliance with any local laws applicable to your access and use of a Site.
Certain features and services accessible through a Site may be governed by separate or additional terms and conditions, such the sale of goods and services and promotional contests, games and sweepstakes. By accessing, using or otherwise participating in any such features and services, you agree to be bound by the applicable terms and conditions as posted or otherwise provided in connection with the features and services, including those of third party service providers.
To use certain features and services of a Site, you may need to register and/or log-on or create an account with a unique user name and password and provide other information ("Registration Information"). When submitting Registration Information, you agree to:
(a). Provide a user name that is personal to you and not a known user name of another person;
(b). Provide current, accurate and complete Registration Information;
(c). Keep your Registration Information current and accurate;
(d). Keep your password to yourself and not share it with anyone else except as may be expressly allowed by us in these Terms;
(e). Accept full responsibility for any and all use of your account;
(f). Immediately notify us of any disclosure or use of your user name or password that is not authorized by these Terms and change your password to stop any such further use;
(g). NOT register for more than one account;
(h). NOT create member accounts by any automated means, the creation of which is hereby expressly prohibited;
(i). NOT use an account for any purpose other than the purpose for which it was intended by DogTime Media;
(j). NOT use an account for any unlawful purpose; and
(k). NOT use an account for any commercial purpose except as may be expressly permitted by these Terms.
C. Membership & Product Sales
As a registered user of WagPac, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
D. Monthly Delivery
As a subscribed WagPac member, each month we will ship you a package with a different selection of items for your dog that may consist of a selection from toys, treats, food samples, or other canine-related items (“Products”). Each month of your subscription, the selection of Products may change. Accordingly, WagPac cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.
BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.
E. Billing and Payments
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant WagPac the right to store and process your information with the third party payment service, which it may change from time to time; you agree that WagPac will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
F. Shipping and Risk of Loss
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify WagPac within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.
Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
G. Returns and Exchanges
If a Product is defective, you may return it and we will send you a new item or credit your account. To request a refund, please contact us at email@example.com. When returning Products, it is your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by us at our address as displayed on the Website. All refunds are subject to our shipping, return and exchange policies stated on our FAQ page (“Shipping, Return and Exchange Policy”), if any. Please note credits resulting from the monthly charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of WagPac.com.
Shipping, return and exchange of any products delivered by us in connection with your membership are subject to the WagPac Shipping, Return and Exchange Policy.
H. Local Taxes
You may be charged local sales tax or VAT, if applicable.
I. Membership Cancellations
We work hard to make your membership satisfying; however, you may cancel your ongoing membership through the account page on the WapPac.com website. You must update your account on the Website by the first day of the month to cancel the current month’s shipment. IF YOU DO NOT CANCEL PRIOR TO THE FIRST DAY OF A CALENDAR MONTH, YOU WILL BE CHARGED FOR THAT MONTH’S SHIPMENT OF PRODUCTS TO YOU. All cancellation requests received after the first day of a calendar month will apply to the following calendar month.
We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account.
K. Limited licenses
Site Access and Use License. Subject to your compliance with these Terms, we grant to you a personal, non-transferable, limited, revocable, non-exclusive license to access and use a Site and its contents for the purposes for which the Site is intended and for no other purpose. You may not use a Site or Site Content except for the purposes intended by DogTime Media, as determined by it in its sole discretion. In connection with the exercise of this limited Site access and use license granted to you herein, and subject to the limitations described in Intellectual Property below, you may view, copy, store, and print portions of a Site Content for your personal and non-commercial, educational or informational use only. DTM Products License for Approved Bloggers and Approved Websites (Non-Ad Code Publishers).
Pet Blogs: If you own a pet blog and we accept you into our Blog Network, you agree to provide us your RSS feed and you further agree that we may use, reproduce, display, distribute and transmit your blog content in connection with our Blog Network. In exchange for your participation in our Blog Network, and subject to your compliance with these Terms, DogTime Media grants to you a personal, non-transferrable, limited, revocable, non-exclusive right and license to use on your approved blog, the DTM Adoptable Dog and Cat Finder (DTM iFrame), the DTM Distributed Content Center (DTM media iFrame), DTM Media Buttons, and the DTM Video Player and other DTM Technologies, as we may offer for your use on your approved blog from time to time under these Terms (collectively, the "DTM Products").
Pet Websites: If you own a pet-related website and we accept you into the DTM Website Network (for non-Ad Code Publishers), you agree to provide and maintain a current active link to a Site and subject to your compliance with these Terms, DogTime Media grants to you a personal, non-transferrable, limited, revocable, non-exclusive right and license to use on your approved website the DTM Products.
You may not use any of the DTM Products except under one of the above-referenced licenses and for the purposes intended by DogTime Media, as determined by it in its sole discretion. All use of DTM Products and goodwill associated with the use of the DTM Products shall inure to the sole benefit of DogTime Media. You agree not to make any claim of ownership arising from or related to your use of the DTM Products and you agree not to directly or indirectly apply to register or register the DTM Products or any claim of right to own or use the DTM Products (in whole or in part) with any third party or governmental entity.
You may not sublicense this agreement or sublicense any right or license granted to you under these Terms. These licenses may be suspended or revoked (separately or together) at any time with or without prior notice and with or without cause stated. If we terminate your license to access and use a Site, your license to use the DTM Products in connection with that Site shall be automatically terminated. If we terminate your license to use one or more or all of the DTM Products, you agree to immediately cease all use of the terminated DTM Products by removing them from your respective blog or website. If we terminate your license to use one or more or all of the DTM Products, we may or may not continue to grant you a license to access and use a Site as we may decide in our sole and absolute discretion.
The use of a Site and the DTM Products in accordance with the licenses set forth herein are voluntary and you may discontinue use of a Site and any or all of the DTM Products at any time.
Upon prior notice to you, DogTime Media reserves the right to charge a royalty or fee in connection with the continued use of a licensed DTM Product as it may so decide in its sole and absolute discretion. Except as expressly set forth herein or a separate written agreement with DogTime Media, DogTime Media and its licensors do not grant you any other rights or licenses. ALL RIGHTS AND LICENSES NOT EXPRESSLY GRANTED HEREIN ARE RESERVED TO DOGTIME MEDIA AND ITS LICENSORS. UNLESS EXPLICITLY STATED HEREIN, NOTHING IN THESE TERMS SHALL BE CONSTRUED AS CONFERRING ANY LICENSE OR RIGHT WHATSOEVER IN AND TO OUR INTELLECTUAL PROPERTY OR ANY RIGHTS PERTAINING THERETO.
L. Intellectual Property
Except as otherwise indicated herein, all content and technologies made available on or through the Sites, including without limitation, the DTM Products, the Save a Dog, Save a Cat, DogTime, CatTime, WagPac and DogTime Media names, marks, logos and all designs, text, graphics, pictures, photos, sounds, video, articles, messages, information, data, databases, software, source code, files, and the selection and arrangement thereof, (individually and collectively, the "Site Content") is the proprietary and exclusive property of DogTime Media or its licensors and protected by U.S. and International copyright and trademark laws.
Copyright © 2008-2014 DogTime Media, Inc. All Rights Reserved.
You may not copy or otherwise reproduce, distribute, transmit, publicly display or perform, modify, adapt, reformat, frame, translate, reverse engineer, create derivative works or uses of the Sites or the Site Content, or otherwise commercially exploit any of the Site Content, in whole or in part, except as expressly provided in these Terms and the intended functionality of the Sites and Site Content or by applicable law pertaining to the fair use of copyrighted works.
You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed on the Sites or in the Site Content or any other material or content accessible via the Sites.
Any displays or printouts of a Site or Site Content that do not contain an original proprietary notice of that Site must be marked "Copyright 2008 DogTime Media, Inc. All rights reserved" or other visible proprietary notice pertinent to the displayed or printed Site Content.
Unauthorized access and use of the Sites or Site Content may also violate applicable state, federal and international laws, including without limitation, laws pertaining to the protection of copyrights, trademarks, misappropriation of trade secrets, and electronic communications.
SAVE A DOG, SAVE A CAT, DOGTIME, CATTIME, WAGPAC, DOGTIME MEDIA, the DOGTIME, CATTIME AND WAGPAC logos, FIND YOUR WAG and FIND YOUR PURR and other designations of origin of our goods and services, including without limitation, logos, graphics, designs, icons, animations, sounds, colors and combinations thereof (the "trade dress") are trade names, service marks and trademarks ("Trademarks") of DogTime Media, Inc. Except as expressly permitted herein or as permitted by law governing the fair use of names and marks, neither you nor any third party may use or register the Trademarks in connection with any product or service or web site (including domain names) in any manner without the prior written permission of DogTime Media, Inc.
All other names and trademarks mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or affiliation with DogTime Media.
M. User Conduct
We do not permit certain "bad dog" or "bad cat" conduct or content that interferes or detracts from the use and enjoyment of a Site or the Blogger Network. Accordingly, you represent and warrant that you shall not directly or indirectly use, attempt to use, or encourage others to use a Site (or Site Content) or the Blog Network to:
- Abuse, harass, threaten, malign, defame or intimidate a person or group of persons using that Site or anyone affiliated with that Site.
- Harvest or collect email addresses or other information of other users or members from that Site by any means for any commercial, unlawful or other purpose prohibited in these Terms.
- Create or transmit unwanted electronic communications such as "spam" to other users or members of that Site or otherwise interfere with other user's or member's enjoyment of that Site.
- Deceive or otherwise mislead people to view your postings and/or member profile.
- Automatically redirect users to other domains.
- Take any action that would restrict user viewings of that Site content or your postings to that Site, except as provided for by the Site's privacy preference options.
- Use or attempt to access and use another member's account.
- Use any device, software or routine that interferes with the proper working of that Site or networks connected to that Site or otherwise attempt to interfere with the proper working of that Site or other networks connected to that Site.
- Use or attempt to use that Site to store, display, or transmit, illegal, threatening, obscene or otherwise immoral or scandalous content and material.
- Use any device, software or routine that interferes with the proper working of that Site or networks connected to that Site or otherwise attempt to interfere with the proper working of that Site or other networks connected to that Site.
- Use any data mining, robot, spider, site search/retrieval application or similar data gathering or extraction methods.
- Access, retrieve or index any portion of that Site for purposes of constructing or populating any database or any compilation of Site Content.
- Solicit anyone for unlawful or immoral purposes.
- Solicit personal information from a minor (under the age of 18).
- Use that Site for any purpose other than the purposes intended by DogTime Media.
Furthermore, you agree not to directly or indirectly (by allowing others to use a member account or otherwise) post, upload, transmit, distribute, share, store, create or otherwise publish to the Site or Blog Network content that:
(a). infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any person or entity;
(b). is false, deceitful or misleading in any way;
(c). would, in the sole judgment of DogTime Media, constitute, encourage, solicit or provide instructions for unlawful or illegal conduct or activity of any kind;
(d). is, in the sole judgment of DogTime Media, unlawful, defamatory, libelous, vulgar, obscene, abusive, harassing, threatening, harmful, inflammatory, invasive of privacy or publicity rights, indecent, lewd, suggestive, pornographic or sexually explicit in nature, fraudulent, hateful or racially, ethnically or otherwise objectionable;
(e). discloses any third party personal information, including, without limitation, addresses, phone numbers, email addresses, social security numbers, credit card numbers or financial account numbers;
(f). impersonates any person or entity or otherwise misrepresents your affiliation with or endorsement by any person or entity;
(g). seeks or encourages the exploitation of minors (persons under the age of 18) or the disclosure of the personal information of minors.
(h). in the sole judgment of DogTime Media, is objectionable or that restricts or inhibits any other person from using or enjoying a Site, or that may expose DogTime Media, its affiliates or users to any harm or liability of any type;
(i). constitutes advertising, promotional material, solicitations, political campaign material, junk mail, spam, chain letters, or any other form of solicitation, except as may be expressly authorized and permitted by these Terms;
(j). is irrelevant or immaterial to a Site, any specific part of a Site, or the subject matter for which a Site is intended by DogTime Media; and/or
(k). contains software viruses, worms, defects, Trojan horses or any other computer code, files, programs or destructive devices designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or use a Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair that Site or its intended function.
DogTime Media services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
O. User Content License and Rights
For purposes of these Terms, "User Content" includes any message, data, text, information, screen names, links, images, graphics, photos, profiles, music, sounds, other audio, video, code and links or feed or blog that are submitted, posted, published and/or displayed on a Site, or transmitted to others via a Site, by third party users (including but not limited to consumers, vendors, advertisers, sponsors and promoters) or by DogTime Media with the permission of the user. For purposes of clarification, User Content does not include Submissions (as defined herein below).
Except as set forth herein, DogTime Media does not claim ownership of individual User Content. However, DogTime Media does claim ownership of the compilation of User Content.
By posting or publishing User Content to any part of a Site or by transmitting User Content via a Site, you grant to DogTime Media and its successors and assigns an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide right and license to store, use, reproduce, digitally perform, publicly perform, publicly display, publish, modify, adapt, reformat, translate, excerpt (in whole or in part), prepare derivative works, compilations and databases, and to distribute or transmit any of the aforesaid in any media, now known or hereafter devised, and to grant and authorize sublicenses of the foregoing, in whole or in part, all without monetary payment or other consideration of any kind to you or any third party.
You acknowledge and understand that User Content may be indexed by online search engines (e.g., AOL Search, Alta Vista, Google, Yahoo! and many others) and displayed on third party sites in response to online search engine queries.
Without limiting the foregoing, DogTime Media reserves the right in its sole judgment to use or not use the User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post, publish or transmit the User Content, in whole or in part. Any use of User Content does not necessarily reflect the views or opinions of DogTime Media or its affiliates.
In addition to the above license, you grant DogTime Media an irrevocable right and license to use your name, photo, video, face, likeness and other biographical information (as submitted to a Site) in connection with providing public notice of attribution of authorship or origin of the User Content provided by you.
However, you agree that DogTime Media shall have no duty or obligation to attribute authorship to you (or comply with other "rights of publicity" demands) and you hereby waive, agree not to enforce and release DogTime Media and its successors and assigns from any and all claims arising from or related to any rights of publicity or other moral rights in the User Content, including but not limited to the rights of attribution and integrity and/or destruction of User Content.
You understand, acknowledge and agree that all User Content will be treated as non-confidential and free of any proprietary rights or claims against DogTime Media, and DogTime Media is under no obligation to treat such User Content as confidential proprietary information of you or any party.
You further acknowledge and agree that neither DogTime Media nor its successors and assigns are under any obligation to pay for any User Content or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to a Site.
You further acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the operation or features of a Site (existing or prospective) or the offerings of services or Site content (individually and collectively referred to herein as "Submissions"), provided by you to DogTime Media are non-confidential and shall become the sole property of DogTime Media, its successors and assigns and will not be returned to you. DogTime Media shall not be required to acknowledge receipt of any Submissions or obligated to pay for or use any Submissions in any way. As the sole and exclusive owner of such Submissions, DogTime Media shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The provisions of this section and license granted herein to DogTime Media shall survive the termination of your license to access and use the Sites.
P. Responsibility for User Content and User Interactions
It is the sole responsibility of each user to ensure that he or she owns or has all rights, title and permissions necessary to upload, post, or publish User Content to a Site or transmit User Content via a Site. By uploading, storing, posting, or publishing User Content to a Site, or transmitting User Content via a Site, you represent and warrant that you have all rights, title and permissions necessary to do so and that doing so does not violate any third-party right or license.
DogTime Media does not regularly and systematically monitor User Content posted on a Site or transmitted via a Site. DogTime Media does not guarantee the accuracy, integrity or quality of User Content. You understand that by using a Site you may be exposed to User Content that you or others may feel is offensive, inappropriate, indecent, obscene, unlawful or otherwise objectionable. (See DogTime's community guidelines.)
While we encourage and accept comments, responses and constructive criticism, DOGTIME MEDIA ACCEPTS NO RESPONSIBILITY AND ASSUMES NO LIABILITY OF ANY KIND ARISING FROM OR RELATED TO THE USE, LOSS OR DAMAGE OF USER CONTENT. You agree to assume all risks associated with the viewing or use of User Content and/or reliance on any User Content.
DOGTIME MEDIA IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES OF USER CONTENT. User Content displayed on a Site is not necessarily approved of or endorsed by DogTime Media. Although DogTime Media has no obligation to screen, edit, monitor, refuse, or remove any of the User Content posted to or distributed through a Site, DogTime Media reserves the right in its sole discretion to screen, edit, monitor, refuse, or remove any User Content at any time and for any reason with or without notice.
You are solely responsible for creating backup copies of and replacing any User Content you post or store on a Site at your sole cost and expense where necessary. DogTime Media is not responsible for the loss or damage to any User Content.
DogTime Media does not control the actions of any user or members of a Site. You are solely responsible and liable for your interactions with other users and members of a Site. We reserve the right, but have no obligation to monitor disputes between you and other users. DogTime Media further reserves the right to take any and all action it deems in its sole judgment necessary and appropriate to protect the integrity, reputation and goal of a Site, DogTime Media and its users and members, without notice or liability to any party, whether or not involved in any dispute.
Q. Professional Advice
Each Site and its content and information are provided for general information and entertainment purposes only. It is not intended and shall not be construed as providing professional advice of any kind with regard to your particular circumstances. If you have a question or concern about a specific legal or health or welfare issues for any particular dog or other animal or human, please seek the advice and counsel of a licensed professional in your area for your particular circumstances.
You agree to indemnify and hold harmless DogTime Media and its affiliates, and each of their directors, officers, members, managers, employees and agents, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees and litigation expenses, arising out of or in connection with any supplied products, User Content that you upload, post, display, transmit or otherwise share on or through a Site, your access or use of a Site, your use of any DTM Product on your approved blog (to the extent the loss, liability claim, demand, damages, cost and expense is not directly attributable to a DTM Product regardless of your blog), your conduct in connection with a Site, the other users of a Site, a DTM Product, or any violation of this Terms or of any law or the rights of any person or entity by you or anyone using your account or User ID or password. This indemnity obligation shall survive the termination of your license to access and use that Site.
S. Copyright Complaints
If you believe that any content or material on a Site infringes any copyright owned or controlled by you, please send written notice to our Designated Agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA):
- Designated Agent for Receiving Notification of Claimed Infringement: Simon Tonner, CEO
- Full Address of Designated Agent to Whom Notification Should be Sent: 27 Maiden Lane, Suite 700, San Francisco, CA 94108
- Telephone Number of Designated Agent: 415-830-9300
- Facsimile Number of Designated Agent: 415-956-3013
- Email Address of Designated Agent: firstname.lastname@example.org
To be valid under the DMCA, your notice must be in writing and include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This information is neither intended nor should not be construed as legal advice. For further details on the information required for valid notifications under the DMCA, see 17 U.S.C. 512(c)(3).
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT OR MATERIAL IS INFRINGING YOUR COPYRIGHTS, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, ANY COPYRIGHT OWNER, OR ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION.
This information is provided exclusively for notifying DogTime Media that content or material(s) on a Site or transmitted via a Site may be in violation of your copyright(s). DogTime Media does not respond to other inquiries using this process. See "Contact Us" below for all such other inquiries.
T. Infringer Policy
In accordance with the DMCA and other applicable law, it is the policy of DogTime Media to terminate (at its sole discretion and without prior notice) users or members who are deemed or suspected by DogTime Media to be repeat infringers. DogTime Media may also at its sole discretion limit access to the Sites and/or terminate access and use by any user or member who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
U. Third-party Sites, Contents and Transactions
The Sites may display or contain links to third party web sites ("Third Party Sites") and may display or link to content or materials originating from Third Party Sites, including but not limited to blogs or feeds (individual or aggregated) or other User Content ("Third Party Content"). The display or linking to Third Party Sites or Third Party Content are provided as a convenience to our users and members of the Sites only and do not imply approval or endorsement or any sponsorship or affiliation of any kind. The information and opinions expressed at Third Party Sites or in Third Party Content are those of the Third Party author (s) and not of DogTime Media. Your access and/or use of Third-Party Sites and Third-Party Content is entirely at your own risk. DOGTIME MEDIA IS NOT RESPONSIBLE FOR THIRD PARTY LINKS, SITES OR THIRD PARTY CONTENT. OUR TERMS AND POLICIES NO LONGER APPLY AFTER YOU LEAVE OUR SITE. SO, BE CAREFUL! IT'S A DOG-EAT-DOG WORLD OUT THERE!
Third party services, products and links may appear on the Sites. In addition, DogTime Media may run third party advertisements and promotions on the Sites. If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of a Site, such activity is solely between you and the applicable third party. ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS RELATED TO SUCH ACTIVITY ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. DOGTIME MEDIA SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR THE RESULT OF ANY THIRD PARTY ACTIVITY OR THE RESULT OF THIRD-PARTY ADVERTISEMENTS ON OUR SITE.
You acknowledge and agree that DogTime Media is not responsible or liable for any action or inaction of any third party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any claim or liability arising from or related to any third-party transaction.
V. Termination or Modification
Nothing herein warrants or guarantees the continued operation of the Sites or any particular portion, feature or service of the Sites. DogTime Media (and its successors and assigns) reserves the right at its sole discretion at any time to take the following action(s):
(a). change, modify, suspend or discontinue all or any aspect of a Site or DTM Product temporarily or permanently, (b). impose limits on the usage of a Site or DTM Product, and/or (c). block or prevent the future access to or use of all or any portion of a Site or DTM Product, or otherwise terminate licenses to use a Site, any portion thereof, or a DTM Product.
Any such action(s) may be taken with or without prior notice to you, for any reason, including but not limited to an actual or suspected violation of these Terms by you. DogTime Media is not obligated to provide to you any period in which to cure an actual or suspected breach of these Terms, and DogTime Media shall not be liable for any loss or damage arising from your failure to comply with these Terms and any remedial action taken by DogTime Media as a result thereof. Any remedial action taken by DogTime Media shall be in addition and without limitation to any other legal or equitable remedy that may be available to DogTime Media. (In addition, see DogTime Media's "Infringer Policy" regarding our policy on the termination of users who infringe the intellectual property rights of others).
W. Disclaimer of Representations and Warranties
THE SITES, THE SITE CONTENT AND USER CONTENT ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, DOGTIME MEDIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOGTIME MEDIA DOES NOT REPRESENT OR WARRANT ANY SPECIFIC PERFORMANCE OR RESULTS FROM THE USE OF A SITE OR SITE CONTENT, THAT THE SITE CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
ALL ACCESS AND USE OF A SITE, SITE SOFTWARE, THE SITE CONTENT AND USER CONTENT IS AT YOUR SOLE RISK.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR DOG. DOGTIME MEDIA IS NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES.
Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, AT DOGTIME MEDIA’S DISCRETION.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU SHOULD EXERCISE CAUTION IN ACCESSING, VIEWING AND DOWNLOADING CONTENT AND SOFTWARE FROM THE INTERNET AND USE INDUSTRY STANDARD SECURITY AND PROTECTION SOFTWARE TO GUARD AGAINST ONLINE RISKS. YOU AGREE TO ACCEPT FULL RESPONSIBILITY FOR ALL LIABILITY, DAMAGES AND OTHER HARM AND LOSSES THAT MAY RESULT FROM YOUR ACCESS AND USE OF A SITE, THE SITE CONTENT, USER CONTENT, THIRD PARTY CONTENT OR OTHER CONTENT AND MATERIALS MADE ACCESSIBLE OR AVAILABLE VIA THE SITE.
WITHOUT LIMITING THE ABOVE, DOGTIME MEDIA ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR COMMUNICATIONS OR USER CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO YOUR OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING CONTENT AND MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF A SITE, SITE CONTENT, USER CONTENT OR THIRD PARTY CONTENT POSTED ON OR THROUGH THE SITE OR TRANSMITTED TO OTHER USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITES, WHETHER ONLINE OR OFFLINE.
X. Limitation of Liability
DogTime Media accepts no responsibility for liability for any User Content uploaded, stored, posted or otherwise published or transmitted via the Sites by you or any third party, or for any loss or damage thereto or liability arising from or related to User Content, including but not limited to liability for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DOGTIME MEDIA NOR ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS SHALL BE LIABLE UNDER ANY THEORY OF LAW FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR OTHER INTANGIBLES, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THE USE OF THE SITES, THE SITE CONTENT, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM THE RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM THE SITES OR ACCESSIBLE THROUGH THE SITES, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES, EVEN IF DOGTIME MEDIA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DOGTIME MEDIA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR ANY CONTENT EXCEED THE LESSER OF 1) ANY COMPENSATION PAID BY YOU, IF ANY, TO DOGTIME MEDIA FOR ACCESS TO OR USE OF THE SITE (FOR ANY PURPOSE AT ANY TIME) OR ANY CONTENT OR MATERIALS MADE AVAILABLE VIA THE SITE, OR 2) ONE HUNDRED DOLLARS ($100.00).
The limitations of liability set forth in this section shall survive the termination of your license to access and use the Sites.
Y. Dispute Resolution
YOU AND DOGTIME MEDIA AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, THE ACCESS AND USE OF THE SITES OR ANY SITE CONTENT SHALL BE FINAL AND BINDING ARBITRATION, except:
(a) to the extent that you or DogTime Media asserts a claim for violation of an intellectual property or other proprietary right or a violation of these Terms pertaining to user conduct, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought in a court of competent jurisdiction; and
(b) no disputes or claims relating to any third party transactions arising from or related to the use of the Sites must be arbitrated.
Arbitration under this Agreement shall be conducted before a retired judge with "JAMS" (see http:/www.jamsadr.com), under its then-existing Rules and Procedures. The arbitration shall be held in the City of San Francisco, California. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
In no event shall any claim, action or proceeding by you arising from or related in any way to these Terms or the use of a Site, Site Content, User Content or other content and materials made accessible or available via a Site, be instituted more than one (1) year after the cause of action arose.
You and DogTime Media agree that the prevailing party in any action to resolve a dispute between the parties will be entitled to an award of reasonable attorneys' fees and costs (including consultant and expert witness fees) incurred in the action.
The provisions of this section shall survive the termination of your license to access and use the Sites.
These Terms and the resolution of any dispute between you and DogTime Media will be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree and DogTime Media agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. If you are located outside the United States, you access and use these Sites voluntarily and at your own risk and compliance with all local laws pertaining to you. In no event shall DogTime Media or its affiliates be responsible for compliance with your local laws or liable for the failure to so comply. No Site Content may be downloaded or otherwise exported by a User in violation of any U.S. export control law, regulation or restriction. The application of the United Nations Convention on the International Sales of Goods shall not apply and its application is hereby expressly excluded.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind DogTime Media or its affiliates in any respect whatsoever. DogTime Media may provide you with notices, including those regarding changes to the Terms by email, regular mail or postings on the Sites.
These Terms contain the entire agreement between you and DogTime Media regarding the use of the Sites, the Site Content, User Content or other content and materials made accessible or available via the Sites. These Terms may not be modified except in writing by DogTime Media. These Terms supersede any prior agreements between you and DogTime Media relating to the use of the Sites, Site Content, User Content or other content and materials made accessible or available via the Sites.
The failure of DogTime Media to exercise or enforce any right or provision of the Terms shall not constitute a waiver of the right or provision. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Legal Notices: You consent and agree to receive legal notices from us electronically to the last known email addresses provided by you and/or by the prominent posting of legal notices on DogTime.com, CatTime.com, WagPac.com and DogTimeMedia.com and that any such electronic notices satisfies any legal requirement that a legal notice be in writing. You may withdraw this consent to the receipt of electronic notices by notifying us and terminating all use of these Sites, their content and services.
If any provision of the Terms shall be deemed unlawful, void, or otherwise unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable or transferable by you except with the prior written consent of DogTime Media.
The section titles are for convenience only and shall not be used to construe or interpret these Terms.
The provisions of this section shall survive the termination of your license to access and use the Sites.
Except at provided above for copyright complaints, please direct inquiries or comments concerning these Terms to us via our "Contact Us" page.
Thank you for visiting DogTime.com, CatTime.com, WagPac.com or DogTimeMedia.com!