1. ACCEPTANCE OF TERMS
Dogs4Sale.com provides online services
that include classified ads and email services, subject to the
following Terms of Service. By using Dogs4Sale, you are
agreeing to comply with the Terms of Service. In addition, when
using particular Dogs4Sale services, you agree to abide by
any applicable posted guidelines for all Dogs4Sale services,
which may change from time to time. Should you object to any
term or condition of the Terms of Service, any guidelines, or
any subsequent modifications thereto or become dissatisfied with
Dogs4Sale.com in any way, your only recourse is to immediately
discontinue use of Dogs4Sale.com.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change,
modify or otherwise alter these terms and conditions at any time.
Such modifications shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes. You can find the most recent version
of the TOU at:
http://www.Dogs4Sale.com/tos.html
3. CONTENT
All postings, images, photos, or other materials
("Content") posted on, transmitted through, or linked
from Dogs4Sale.com, are the sole responsibility of the person
from whom such Content originated. More specifically, you are entirely
responsible for each individual item ("Item") of Content
that you post, email or otherwise make available via Dogs4Sale.com.
Dogs4Sale.com does not control, and is not responsible for Content
made available through Dogs4Sale.com, and that by using Dogs4Sale.com,
you may be exposed to Content that is offensive, indecent, inaccurate,
misleading, or otherwise objectionable. Furthermore, the Dogs4Sale.com
site, and Content available through the services provided by Dogs4Sale.com,
may contain links to other websites which are completely independent
of Dogs4Sale.com. Dogs4Sale.com makes no representation or warranty
as to the accuracy, completeness or authenticity of the information
contained in any such site. Your linking to any other webites is
at your own risk. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, that you may not
rely on said Content, and that under no circumstances will Dogs4Sale.com
be liable in any way for any Content or for any loss or damage
of any kind incurred as a result of the use of any Content posted,
emailed or otherwise made available via the Service. You acknowledge
that Dogs4Sale.com does not pre-screen or approve Content, but
that Dogs4Sale.com shall have the right (but not the obligation)
in its sole discretion to refuse, delete or move any Content that
is available via the Service, for violating the letter or spirit
of the Terms of Service or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Dogs4Sale.com site and Content available through
the web site may contain features and functionalities that may link
you or provide you with access to third party content which is completely
independent of Dogs4Sale.com, including web sites, directories, servers,
networks, systems, information and databases, applications, software,
programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals
found on or through the Service, including payment and delivery of
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
You agree that Dogs4Sale.com shall not be responsible
or liable for any loss or damage of any sort incurred as the result
of any such dealings. If there is a dispute between participants
on this site, or between users and any third party, you understand
and agree that Dogs4Sale.com is under no obligation to become involved.
In the event that you have a dispute with one or more other users,
you hereby release Dogs4Sale.com, its officers, employees, agents
and successors in rights from claims, demands and damages (actual
and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in
any way related to such disputes and / or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please notify us at
or:
Please provide us with the following information:
a) Identify the material on the Dogs4Sale site
that you claim is infringing, with enough detail so that we may locate
it on the website;
b) A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its
agent, or the law;
c) A statement by you declaring under penalty of perjury
that (1) the above information in your Notice is accurate, and (2)
that you are the owner of the copyright interest involved or that
you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address;
and
e) Your physical or electronic signature.
6. PRIVACY AND INFORMATION DISCLOSURE
Dogs4Sale has established a Privacy Policy to
explain to users how their information is collected and used, which
is located at the following web address:
http://www.Dogs4Sale.com/privacy.html
Your use of the Dogs4Sale website signifies acknowledgement
of and agreement to our Privacy Policy. You further acknowledge and
agree that Dogs4Sale may, in its sole discretion, preserve or
disclose your Content, as well as your information, such as email
addresses, IP addresses, timestamps, and other user information,
if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with
legal process; enforce the Terms of Service; respond to claims that
any Content violates the rights of third-parties; respond to claims
that contact information (e.g. phone number, street address) of a
third-party has been posted or transmitted without their consent
or as a form of harassment; protect the rights, property, or personal
safety of Dogs4Sale.com, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available
Content:
a) that is unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, invasive of another's privacy, or
is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged
in actual sexual conduct including but not limited to (i) sexual
intercourse, including genital-genital, oral-genital, anal-genital,
or oral-anal, whether between persons of the same or opposite sex,
or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic
abuse, or (v) lascivious exhibition of the genitals or pubic area
of any person;
c) that harasses, degrades, intimidates or is hateful
toward an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating,
in any notice or ad for the sale or rental of any dwelling, a discriminatory
preference based on
race, color, national origin, religion, sex, familial status or handicap
(or violates any state or local law prohibiting discrimination on
the basis of these or other characteristics);
e) that violates federal, state, or local equal employment
opportunity laws, including but not limited to, stating in any advertisement
for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.
f) with respect to employers that employ four or more
employees, that violates the anti-discrimination provision of the
Immigration and
Nationality Act, including requiring U.S. citizenship or lawful permanent
residency (green card status) as a condition for employment,
unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including,
but not limited to, a Dogs4Sale employee, or falsely states or
otherwise misrepresents your affiliation with a person or entity
(this provision does not apply to Content that constitutes lawful
non-deceptive parody of public figures.);
h) that includes personal or identifying information
about another person without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful,
misinformative, or constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party, or Content that
you do not have a right to make available under any law or under
contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link
referral code," "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited commercial
advertisement;
l) that constitutes or contains any form of advertising
or solicitation if: posted in areas of the Dogs4Sale sites which
are not designated for such purposes; or emailed to Dogs4Sale
users who have not indicated in writing that it is ok to contact
them about other services, products or commercial interests.
m) that includes links to commercial services or web
sites, except as allowed in "services";
n) that advertises any illegal service or the sale
of any items the sale of which is prohibited or restricted by any
applicable law, including without limitation items the sale of which
is prohibited or regulated by Texas law.
o) 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;
p) that disrupts the normal flow of dialogue with
an excessive amount of Content (flooding attack) to the Service,
or that otherwise negatively affects other users' ability to use
the Service; or
q) that employs misleading email addresses, or forged
headers or otherwise manipulated identifiers in order to disguise
the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial
or unlawful purposes;
u) use automated means, including spiders, robots,
crawlers, data mining tools, or the like to download data from the
Service - unless expressly permitted by Dogs4Sale.com;
v) post non-local or otherwise irrelevant Content,
repeatedly post the same or similar Content or otherwise impose an
unreasonable or disproportionately large load on our infrastructure;
w) attempt to gain unauthorized access to Dogs4Sale.com's
computer systems or engage in any activity that disrupts, diminishes
the quality of, interferes with the performance of, or impairs the
functionality of, the Service or the Dogs4Sale website; or
x) use any form of automated device or computer
program that enables the submission of postings on Dogs4Sale.com
without each posting being manually entered by the author thereof
(an "automated posting device"), including without limitation,
the use of any such automated posting device to submit postings
in bulk, or for automatic submission of postings at regular intervals.
8. POSTING AGENTS
A "Posting Agent" is a third-party
agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To
moderate demands on Dogs4Sale.com's resources, you may not use
a Posting Agent to post Content to the Service without express permission
or license from Dogs4Sale.com. Correspondingly, Posting Agents
are not permitted to post Content on behalf of others, to cause Content
to be so posted, or otherwise access the Service to
facilitate posting Content on behalf of others, except with express
permission or license from Dogs4Sale.com.
9. NO SPAM POLICY
You understand and agree that sending unsolicited
email advertisements to Dogs4Sale.com email addresses or through
Dogs4Sale computer systems, which is expressly prohibited by
these Terms, will use or cause to be used servers located in Texas.
Any unauthorized use of Dogs4Sale computer systems is a violation
of these Terms and certain federal and state laws. Such violations
may subject the sender and his or her agents to civil and criminal
penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some
areas of the Service. The fee is an access fee permitting Content
to be posted in a designated area. Each party posting Content to
the Service is responsible for said Content and compliance with
the Terms of Service. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the
Terms of Service.
11. LIMITATIONS ON SERVICE
You acknowledge that Dogs4Sale may establish
limits concerning use of the Service, including the maximum number
of days that Content will be retained by the Service, the maximum
number and size of postings, email messages, or other Content that
may be transmitted or stored by the Service, and the frequency
with which you may access the Service. You agree that Dogs4Sale
has no responsibility or liability for the deletion or failure
to store any Content maintained or transmitted by the Service.
You acknowledge that Dogs4Sale reserves the right at any time
to modify or discontinue the Service (or any part thereof) with
or without notice, and that Dogs4Sale shall not be liable to
you or to any third party for any modification, suspension or discontinuance
of the Service.
12. ACCESS TO THE SERVICE
Dogs4Sale grants you a limited, revocable, nonexclusive
license to access the Service for your own personal use. This license
does not include: (a) access to the Service by Posting Agents; or
(b) any collection, aggregation, copying, duplication, display or
derivative use of the Service nor any use of data mining, robots,
spiders, or similar data gathering and extraction tools for any purpose
unless expressly permitted by Dogs4Sale. A limited exception
to (b) is provided to general purpose internet search engines and
non-commercial public archives that use such tools to gather information
for the sole purpose of displaying hyperlinks to the Service, provided
they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt
file. "General purpose internet search engine" does not
include a website or search engine or other service that specializes
in classified listings or in any subset of classifieds listings such
as jobs, housing, for sale, services, or personals, or which is in
the business of providing classified ad listing services.
Dogs4Sale permits you to display on your website,
or create a hyperlink on your website to, individual postings on
the Service so long as such use is for noncommercial and/or news
reporting purposes only (e.g., for use in personal web blogs or personal
online media). If the total number of such postings displayed or
linked to on your website exceeds one hundred (100) postings, your
use will be presumed to be in violation of the Terms of Service,
absent express permission granted by Dogs4Sale to do so. You
may also create a hyperlink to the home page of Dogs4Sale.com
as long as the link does not portray Dogs4Sale, its employees,
or its affiliates in a false, misleading, derogatory, or otherwise
offensive matter.
Dogs4Sale offers various parts of the Service
in RSS format so that users can embed individual feeds into a personal
website or blog, or view postings through third party software news
aggregators. Dogs4Sale permits you to display, excerpt from,
and link to the RSS feeds on your personal website or personal web
blog, provided that (a) your use of the RSS feed is for personal,
non-commercial purposes only, (b) each title is correctly linked
back to the original post on the Service and redirects the user to
the post when the user clicks on it, (c) you provide, adjacent to
the RSS feed, proper attribution to 'Dogs4Sale' as the source,
(d) your use or display does not suggest that Dogs4Sale promotes
or endorses any third party causes, ideas, web sites, products or
services, (e) you do not redistribute the RSS feed, and (f) your
use does not overburden Dogs4Sale.com's systems. Dogs4Sale
reserves all rights in the content of the RSS feeds and may terminate
any RSS feed at any time.
Use of the Service beyond the scope of authorized
access granted to you by Dogs4Sale immediately terminates said
permission or license. In order to collect, aggregate, copy, duplicate,
display or make derivative use of the the Service or any Content
made available via the Service for other purposes (including commercial
purposes) not stated herein, you must first obtain a license from
Dogs4Sale.com.
13. TERMINATION OF SERVICE
You agree that Dogs4Sale, in its sole discretion,
has the right (but not the obligation) to delete or deactivate your
account, block your email or IP address, or otherwise terminate your
access to or use of the Service (or any part thereof), immediately
and without notice, and remove and discard any Content within the
Service, for any reason, including, without limitation, if Dogs4Sale
believes that you have acted inconsistently with the letter or spirit
of the Terms of Service. Further, you agree that Dogs4Sale shall
not be liable to you or any third-party for any termination of your
access to the Service. Further, you agree not to attempt to use the
Service after said termination. Sections 2, 4, 6 and 10-16 shall
survive termination of the Terms of Service.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted
by copyright laws and international treaties. Content displayed on
or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the site or the collective work,
and/or copying or reproducing the sites or any portion thereof to
any other server or location for further reproduction or redistribution
is prohibited without the express written consent of Dogs4Sale.
You further agree not to reproduce, duplicate or copy Content from
the Service without the express written consent of Dogs4Sale,
and agree to abide by any and all copyright notices displayed on
the Service. You may not decompile or disassemble, reverse engineer
or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Service.
Although Dogs4Sale.com does not claim ownership
of content that its users post, by posting Content to any public
area of the Service, you automatically grant, and you represent
and warrant that you have the right to grant, to Dogs4Sale
an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content
and to prepare derivative works of, or incorporate into other works,
said Content, and to grant and authorize sublicenses (through multiple
tiers) of the foregoing. Furthermore, by posting Content to any
public area of the Service, you automatically grant Dogs4Sale
all rights necessary to prohibit any subsequent aggregation, display,
copying, duplication, reproduction, or exploitation of the Content
on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE Dogs4Sale
SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Dogs4Sale
SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS
AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED
BY LAW, Dogs4Sale DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Dogs4Sale
SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Dogs4Sale
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THE Dogs4Sale SITE OR THE SITES OR SERVICE,
OR ACCESSED THROUGH ANY LINKS ON THE Dogs4Sale SITE. TO THE
FULLEST EXTENT PERMITTED BY LAW, Dogs4Sale DISCLAIMS ANY WARRANTIES
FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
Dogs4Sale SITE OR THE SERVICE. Some
jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, some of the foregoing disclaimers may not
apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Dogs4Sale
BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (EVEN IF Dogs4Sale HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF
YOUR USE OF THE Dogs4Sale SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE Dogs4Sale SITE OR THE
SERVICE, FROM INABILITY TO USE THE Dogs4Sale SITE OR THE SERVICE,
OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION
OF THE Dogs4Sale SITE OR THE SERVICE. SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE Dogs4Sale SITE OR THE SERVICE OR ANY LINKS ON THE
Dogs4Sale SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Dogs4Sale
SITE OR THE SERVICE OR ANY LINKS ON THE Dogs4Sale SITE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In
some jurisdictions, limitations of liability are not permitted.
In such jurisdictions, some of the foregoing limitation may not
apply to you.
17. INDEMNITY
You agree to indemnify and hold Dogs4Sale,
its officers, subsidiaries, affiliates, successors, assigns, directors,
officers, agents, service providers, suppliers and employees, harmless
from any claim or demand, including reasonable attorney fees and
court costs, made by any third party due to or arising out of Content
you submit, post or make available through the Service, your use
of the Service, your violation of the Terms of Service, your breach
of any of the representations and warranties herein, or your violation
of any rights of another.
18. GENERAL INFORMATION
The Terms of Service constitute the entire agreement
between you and Dogs4Sale and govern your use of the Service,
superceding any prior agreements between you and Dogs4Sale.
The Terms of Service and the relationship between you and Dogs4Sale
shall be governed by the laws of the State of Texas without regard
to its conflict of law provisions. You and Dogs4Sale agree
to submit to the personal and exclusive jurisdiction of the courts
located within the state of Texas. The failure of Dogs4Sale
to exercise or enforce any right or provision of the Terms of Service
shall not constitute a waiver of such right or provision. If any
provision of the Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the
Terms of Service remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service
or the Terms of Service must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms of Service,
by flagging the posting(s) for review, or by emailing to:
Our failure to act with respect to a breach by you
or others does not waive our right to act with respect to subsequent
or similar breaches.
You understand and agree that, because damages are
often difficult to quantify, if it becomes necessary for Dogs4Sale
to pursue legal action to enforce these Terms, you will be liable
to pay Dogs4Sale the following amounts as liquidated damages,
which you accept as reasonable estimates of Dogs4Sale's damages
for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any
person or entity; (2) falsely states or otherwise misrepresents your
affiliation with a person or entity; or (3) that includes personal
or identifying information about another person without that person's
explicit consent, you agree to pay Dogs4Sale one thousand dollars
($1,000) for each such message. This provision does not apply to
Content that constitutes lawful non-deceptive parody of public figures.
b. If Dogs4Sale establishes limits on the frequency
with which you may access the Service, or terminates your access
to or use of the Service, you agree to pay Dogs4Sale one hundred
dollars ($100) for each message posted in excess of such limits or
for each day on which you access Dogs4Sale in excess of such
limits, whichever is higher.
c. If you send unsolicited email advertisements to
Dogs4Sale email addresses or through Dogs4Sale computer systems,
you agree to pay Dogs4Sale twenty five dollars ($25) for each
such email.
d. If you post Content in violation of the Terms of
Service, other than as described above, you agree to pay Dogs4Sale
one hundred dollars ($100) for each Item of Content posted. In its
sole discretion, Dogs4Sale may elect to issue a warning before
assessing damages.
e. If you are a Posting Agent that uses the Service
in violation of the
Terms of Service, in addition to any liquidated damages under clause
(d), you agree to
pay Dogs4Sale one hundred dollars ($100) for each and every Item
you post
in violation of the Terms of Service. A Posting Agent will also be
deemed an agent of
the party engaging the Posting Agent to access the Service (the
"Principal"), and the Principal (by engaging the Posting
Agent in
violation of the Terms of Service) agrees to pay Dogs4Sale an
additional one hundred
dollars ($100) for each Item posted by the Posting Agent on behalf
of
the Principal in violation of the Terms of Service.
f. If you aggregate, display, copy, duplicate, reproduce,
or otherwise exploit for any purpose any Content (except for your
own Content) in violation of these Terms without Dogs4Sale's
express written permission, you agree to pay Dogs4Sale three
thousand dollars ($3,000) for each day on which you engage in such
conduct.
Otherwise, you agree to pay Dogs4Sale's actual
damages, to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of these Terms, Dogs4Sale
retains the right to seek the remedy of specific performance of any
term contained in these Terms, or a preliminary or permanent injunction
against the breach of any such term or in aid of the exercise of
any power granted in these Terms, or any combination thereof.
20. FEEDBACK
We welcome your questions and comments. You
may contact us at
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