TERMS BIGDOGSWELCOME
TERMS AND CONDITIONS OF USE PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By
using this site, you signify your assent to these Terms and Conditions. If you
do not agree to all of these Terms and Conditions of use, do not use this site!
Eastern Media Network, Inc (providing "Big Dogs Welcome") may revise
and update these Terms and Conditions at any time. Your continued usage of the
Big Dogs Welcome Web site ("Big Dogs Welcome Site," or the "Site,")
will mean you accept those changes. BASIC
DISCLAIMER
All information provided within this Web site is in no way intended
to be a substitute for professional medical/veterinary advice. You should not
use this information to diagnose or treat a health problem or disease without
consulting with a qualified healthcare/veterinary provider. Consult your healthcare/veterinary
provider with any questions or concerns you may have regarding a condition. INDEX
CHILDREN'S
PRIVACY
USE OF CONTENT
LIABILITY OF BIGDOGSWELCOME AND ITS LICENSORS
USER
SUBMISSIONS
CHAT ROOMS AND BULLETIN BOARDS
ADVERTISEMENTS AND LINKS TO OTHER
SITES
INDEMNITY
GENERAL
JURISDICTION
COMPLETE AGREEMENT CHILDREN'S
PRIVACY.
We are committed to protecting the privacy of children. You should
be aware that this Site is not intended or designed to attract children under
the age of 13. We do not collect personally identifiable information from any
person we actually know is a child under the age of 13. USE
OF CONTENT.
Big Dogs Welcome authorizes you to view or download a single copy
of the material on the Big Dogs Welcome Site solely for your personal, noncommercial
use if you include the following copyright notice: "Copyright 2006, Eastern
Media Network, Inc. All rights reserved" and other copyright and proprietary
rights notices which were contained in the Content. Any special rules for the
use of certain software and other items provided on the Big Dogs Welcome Site
may be included elsewhere within the Site and are incorporated into these Terms
and Conditions by reference. The
Content is protected by copyright under both United States and foreign laws. Title
to the Content remains with Big Dogs Welcome or its licensors. Any use of the
Content not expressly permitted by these Terms and Conditions is a breach of these
Terms and Conditions and may violate copyright, trademark, and other laws. Content
and features are subject to change or termination without notice in the editorial
discretion of Big Dogs Welcome. All rights not expressly granted herein are reserved
to Big Dogs Welcome and its licensors. If
you violate any of these Terms and Conditions, your permission to use the Content
automatically terminates and you must immediately destroy any copies you have
made of any portion of the Content. LIABILITY
OF BIGDOGSWELCOME AND ITS LICENSORS.
The use of the Big Dogs Welcome Site and
the Content is at your own risk.
When using the Big Dogs Welcome Site, information
will be transmitted over a medium which is beyond the control and jurisdiction
of Big Dogs Welcome and its suppliers. Accordingly, Big Dogs Welcome assumes no
liability for or relating to the delay, failure, interruption, or corruption of
any data or other information transmitted in connection with use of the Big Dogs
Welcome Site. The
Big Dogs Welcome Site and the content are provided on an "as is" basis.
Big Dogs Welcome, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, Big
Dogs Welcome, its licensors, and its suppliers make no representations or warranties
about the following: The
accuracy, reliability, completeness, currentness, or timeliness of the Content,
software, text, graphics, links, or communications provided on or through the
use of the Big Dogs Welcome Site or Big Dogs Welcome. The
satisfaction of government regulations requiring disclosure of information on
prescription drug products with regard to the Content contained on the Big Dogs
Welcome Site. In
no event shall Big Dogs Welcome, its licensors, its suppliers, or any third parties
mentioned on the Big Dogs Welcome Site be liable for any damages (including, without
limitation, incidental and consequential damages, personal injury/wrongful death,
lost profits, or damages resulting from lost data or business interruption) resulting
from the use or inability to use the Big Dogs Welcome Site or the Content, whether
based on warranty, contract, tort, or any other legal theory, and whether or not
Big Dogs Welcome is advised of the possibility of such damages. Big Dogs Welcome
shall be liable only to the extent of actual damages incurred by you, not to exceed
U.S.$1000. Big Dogs Welcome is not liable for any personal injury, including death,
caused by your use or misuse of the Site, Content, or Public Area (as defined
below). Any claims arising in connection with your use of the Site, any Content,
or the Public Areas must be brought within one (1) year of the date of the event
giving rise to such action occurred. Remedies under these Terms and Conditions
are exclusive and are limited to those expressly provided for in these Terms and
Conditions. USER
SUBMISSIONS.
You agree that you will not upload or transmit any communications
or content of any type that infringe or violate any rights of any party. By submitting
communications or content to any part of this Site, you agree that such submission
is non-confidential for all purposes. If you make any such submission, you automatically
grant--or warrant that the owner of such content has expressly granted--Big Dogs
Welcome a royalty-free, perpetual, irrevocable, world-wide nonexclusive license
to use, reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform, and display the communication or content in any media or
medium, or any form, format, or forum now known or hereafter developed. Big Dogs
Welcome may sublicense its rights through multiple tiers of sublicenses. Big
Dogs Welcome Public Areas. If you use a Public Area, you are solely responsible
for your own communications, the consequences of posting those communications,
and your reliance on any communications found in the Public Areas. Big Dogs Welcome
is not responsible for the consequences of any communications in the Public Areas.
In cases where you feel threatened or believe someone else is in danger, you should
contact your local law enforcement agency immediately. If you think you may have
a medical emergency, call your doctor or 911 immediately. In
consideration of being allowed to use the Public Areas, you agree that the following
actions shall constitute a material breach of these Terms and Conditions:
Using
a Public Area for any purpose in violation of local, state, national, or international
laws;
Posting material that infringes on the intellectual property rights
of others or on the privacy or publicity rights of others;
Posting material
that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous,
hateful, or embarrassing to any other person or entity as determined by Big Dogs
Welcome in its sole discretion;
Posting advertisements or solicitations of
business;
After receiving a warning, continuing to disrupt the normal flow
of dialogue, or posting comments that are not related to the topic being discussed
(unless it is clear the discussion is free-form);
Posting chain letters or
pyramid schemes;
Impersonating another person;
Distributing viruses or
other harmful computer code;
Harvesting or otherwise collecting information
about others, including email addresses, without their consent;
Allowing any
other person or entity to use your identification for posting or viewing comments;
Posting the same note more than once or "spamming"; or
Engaging
in any other conduct that restricts or inhibits any other person from using or
enjoying the Public Area or the Site, or which, in the judgment of Big Dogs Welcome,
exposes Big Dogs Welcome or any of its customers or suppliers to any liability
or detriment of any type.
Big Dogs Welcome reserves the right (but is not
obligated) to do any or all of the following:
Record the dialogue in public
chat rooms.
Investigate an allegation that a communication(s) do(es) not conform
to the terms of this section and determine in its sole discretion to remove or
request the removal of the communication(s).
Remove communications which are
abusive, illegal, or disruptive, or that otherwise fail to conform with these
Terms and Conditions.
Terminate a user's access to any or all Public Areas
and/or the Big Dogs Welcome Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit
or delete any communication(s) posted on the Big Dogs Welcome Site, regardless
of whether such communication(s) violate these standards.
Big Dogs Welcome
reserves the right to take any action it deems necessary to protect the personal
safety of our guests or the public. Big Dogs Welcome has no liability or responsibility
to users of the Big Dogs Welcome Site or any other person or entity for performance
or nonperformance of the aforementioned activities.
ADVERTISEMENTS
AND LINKS TO OTHER SITES.
Big Dogs Welcome does not endorse the content on
any third-party websites. Big Dogs Welcome is not responsible for the content
of linked third-party sites, sites framed within the Big Dogs Welcome Site, or
third-party advertisements, and does not make any representations regarding their
content or accuracy. Your use of third-party websites is at your own risk and
subject to the terms and conditions of use for such sites. Big Dogs Welcome does
not endorse any product advertised on the Big Dogs Welcome Site. INDEMNITY.
You
agree to defend, indemnify, and hold Big Dogs Welcome, its officers, directors,
employees, agents, licensors, and suppliers, harmless from and against any claims,
actions or demands, liabilities and settlements including without limitation,
reasonable legal and accounting fees, resulting from, or alleged to result from,
your violation of these Terms and Conditions. GENERAL.
Big
Dogs Welcome is based in Knoxville, Tennessee, in the United States of America.
Big Dogs Welcome makes no claims that the Content is appropriate or may be downloaded
outside of the United States. Access to the Content may not be legal by certain
persons or in certain countries. If you access the Big Dogs Welcome Site from
outside the United States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction. The following provisions survive
the expiration or termination of these Terms and Conditions for any reason whatsoever:
Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement. JURISDICTION.
You
expressly agree that exclusive jurisdiction for any dispute with Big Dogs Welcome,
or in any way relating to your use of the Big Dogs Welcome Site, resides in the
courts of the State of Tennessee and you further agree and expressly consent to
the exercise of personal jurisdiction in the courts of the State of Tennessee
in connection with any such dispute including any claim involving Big Dogs Welcome
or its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers. These
Terms and Conditions are governed by the internal substantive laws of the State
of Tennessee without respect to its conflict of laws principles. If any provision
of these Terms and Conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of any of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or condition or any other term
or condition. COMPLETE
AGREEMENT.
Except as expressly provided in a particular "legal notice"
on the Big Dogs Welcome Site, these Terms and Conditions constitute the entire
agreement between you and Big Dogs Welcome with respect to the use of the Big
Dogs Welcome Site, and Content. Your use of the Big Dogs Welcome Site is also
subject to the Big Dogs Welcome Privacy Policy. Thank
you for your cooperation. We hope you find the Big Dogs Welcome Site helpful and
convenient to use! Questions or comments regarding this website should be directed
by electronic mail to bdw@bigdogswelcome.com
or via U.S. mail to Big Dogs Welcome at 315 Fruitwood Lane; Knoxville, TN 37934. |
