Terms of
Service (referred to as "Terms of Use")
Elitedawgs Website
Terms of Use
Last
Modified: 8/22/2018
Acceptance
of the Terms of Use
The
following terms and conditions (these Terms of Use), govern your access to and
use of all websites, services and applications (the Website) made available to
you by Elitedawgs (the Company, we or us), including
any content, functionality and services offered on or through elitedawgs.com,
whether as a guest or a registered subscriber.
Please
read the Terms of Use carefully before you start to use the Website. By using
the Website, you accept and agree to be bound and abide by these Terms of Use
and our Privacy Policy, found at https://elitedawgs.com/elitedawgs_privacy_policy.html,
which is incorporated herein by reference. If you do not want to agree to these
Terms of Use or the Privacy Policy, you must not access or use the Website.
This
Website is offered and available to users who are 13 years of age or older. By
using this Website, you represent and warrant that you are at least 13 years of
age. If you are not at least 13 years of age, you must not access or use the
Website.
Changes
to the Terms of Use
We
may revise and update these Terms of Use from time to time in our sole
discretion. All changes are effective immediately when we post them, and apply
to all access to and use of the Website thereafter.
Your
continued use of the Website following the posting of revised Terms of Use
means that you accept and agree to the changes. You should check this page
frequently so you are aware of any changes, as they are binding on you.
Accessing
the Website
We
reserve the right to withdraw or amend this Website, and any service or
material we provide on the Website, in our sole discretion without notice. We
will not be liable if for any reason all or any part of the Website is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts of the Website, or the entire Website, to users, including
registered subscribers.
You
are responsible for:
-
making all arrangements necessary for you to have access to the Website; and
- ensuring that all persons who access the Website through your internet
connection are aware of these Terms of Use and comply with them.
Registration
In
order to register, you will be asked to provide certain registration details
and/or other information. It is a condition of your use of the Website that all
the information you provide on the Website is correct, current and complete.
You agree that all information you provide to register with this Website or
otherwise, including but not limited to through the use of any interactive
features on the Website, is governed by our Privacy Policy
and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.
If
you choose, or are provided with, a username, password or any other piece of
information as part of our registration process, you must treat such
information as confidential, and you must not disclose it to any other person
or entity. You also acknowledge that your account is personal to you and agree
not to provide any other person with access to this Website or portions of it
using your user name, password or other security information. You agree to
notify us immediately of any unauthorized access to or use of your username or
password or any other breach of security. You also agree to ensure that you
exit from your account at the end of each session. You should use particular
caution when accessing your account from a public or shared computer so that others
are not able to view or record your password or other personal information.
We
have the right to disable of any username, password or other identifier,
whether chosen by you or provided by us, at any time if, in our opinion, you
have violated any provision of these Terms of Use. You agree that any such
termination of access privileges may be done without prior notice and may be
done without refund of any subscription fees, regardless of any time remaining
on the registration.
In
addition, you agree that elitedawgs and/or its moderators,
administrators, employees, owners, contractors, publishers or other third
parties, may ban or blacklist you from certain areas of the services or from
posting any and all forms of user-generated content on the services, regardless
of your registration status.
Additional
terms and conditions may also apply to specific portions, services or features
of the Website, including registrations. All such additional terms and
conditions are hereby incorporated by this reference into these Terms of Use.
Intellectual
Property Rights
The
Website and its entire contents, features and functionality (including but not
limited to all information, software, text, displays, images, video and audio,
and the design, selection and arrangement thereof), are owned by the Company,
its licensors or other providers of such material and are protected by United
States and international copyright, trademark, patent, trade secret and other
intellectual property or proprietary rights laws.
These
Terms of Use permit you to use the Website for your personal, non-commercial
use only. You must not reproduce, distribute, modify, create derivative works
of, publicly display, publicly perform, republish, download, store or transmit
any of the material on our Website, except as follows:
-
your computer may temporarily store copies of such materials in RAM incidental
to your accessing and viewing those materials;
- you may store files that are automatically cached by your Web browser for
display enhancement purposes;
- you may print or download one copy of a reasonable number of pages of the
Website for your own personal, non-commercial use and not for further
reproduction, publication or distribution;
- if we provide desktop, mobile or other applications for download, you may
download a single copy to your computer or mobile device solely for your own
personal, non-commercial use, provided you agree to be bound by our end user
license agreement for such applications; and
- if we provide social media features with certain content, you make take such
actions as are enabled by such features.
You
must not:
-
modify copies of any materials from this site; or
- delete or alter any copyright, trademark or other proprietary rights notices
from copies of materials from this site.
You
must not access or use for any commercial purposes any part of the Website or
any services or materials available through the Website.
If
you wish to make any use of material on the Website other than that set out in
this section, please email admin@elitedawgs.com .
If
you print, copy, modify, download or otherwise use or provide any other person
with access to any part of the Website in breach of the Terms of Use, your
right to use the Website will cease immediately and you must, at our option,
return or destroy any copies of the materials you have made. No right, title or
interest in or to the Website or any content on the site is transferred to you,
and all rights not expressly granted are reserved by the Company. Any use of
the Website not expressly permitted by these Terms of Use is a breach of these
Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The
Company name, the terms and all related names, logos, product and service
names, designs and slogans are trademarks of the Company or its affiliates or
licensors. You must not use such marks without the prior written permission of
the Company. All other names, logos, product and service names, designs and
slogans on this Website are the trademarks of their respective owners.
Prohibited
Uses
You
may use the Website only for lawful purposes and in accordance with these Terms
of Use. You agree not to use the Website:
-
in any way that violates any applicable federal, state, local or international
law or regulation (including, without limitation, any laws regarding the export
of data or software to and from the US or other countries);
- for the purpose of exploiting, harming or attempting to exploit or harm
minors in any way by exposing them to inappropriate content, asking for
personally identifiable information or otherwise;
- to send, knowingly receive, upload, download, use or re-use any material
which does not comply with the Content Standards (see below) set out in these
Terms of Use;
- to transmit, or procure the sending of, any advertising or promotional material,
including any junk mail, chain letter or spam, or any other similar
solicitation;
- to collect, use and/or disclose personally identifiable information in
violation of, (a) these Terms of Use or our Privacy Policy,
and/or (b) applicable law, including, without limitation, COPPA;
- to impersonate or attempt to impersonate the Company, a Company employee,
another user or any other person or entity (including, without limitation, by
using e-mail addresses or screen names associated with any of the foregoing);
or
- to engage in any other conduct that restricts or inhibits anyone™ use or
enjoyment of the Website, or which, as determined by us, may harm the Company
or users of the Website or expose them to liability.
Additionally,
you agree not to:
-
use the Website in any manner that could disable, overburden, damage, or impair
the site or interfere with any other party’s use of the Website, including
their ability to engage in real time activities through the Website;
- use any robot, spider or other automatic device, process or means to access
the Website for any purpose, including monitoring or copying any of the
material on the Website;
- use any manual process to monitor or copy any of the material on the Website
or for any other unauthorized purpose without our prior written consent;
- use any device, software or routine that interferes with the proper working
of the Website;
- introduce any viruses, trojan horses, worms, logic bombs or other material
which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any
parts of the Website, the server on which the Website is stored, or any server,
computer or database connected to the Website;
- attack the Website via a denial-of-service attack or a distributed
denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Website.
User
Contributions
The
Website may contain message boards, chat rooms, personal web pages or profiles,
forums, bulletin boards, and other interactive features (collectively,
Interactive Services) that allow users to post, submit, publish, display or
transmit to other users or other persons (hereinafter, post) content or
materials (collectively, User Contributions) on or through the Website.
All
User Contributions must comply with the Content Standards set out in these
Terms of Use.
Any
User Contribution you post to the site will be considered non-confidential and
non-proprietary. By providing any User Contribution on the Website, you grant
us and our affiliates and service providers, and each of their and our
respective licensees, successors and assigns the right to use, reproduce,
modify, perform, display, distribute and otherwise disclose to third parties
any such material.
You
represent and warrant that:
-
you own or control all rights in and to the User Contributions and have the
right to grant the license granted above to us and our affiliates and service
providers, and each of their and our respective licensees, successors and assigns;
and
- all of your User Contributions do and will comply with these Terms of Use.
You
understand and acknowledge that you are responsible for any User Contributions
you submit or contribute, and you, not the Company, have full responsibility
for such content, including its legality, reliability, accuracy and
appropriateness.
We
will not be responsible, or liable to any third party, for the content or
accuracy of any User Contributions posted by you or any other user of the
Website.
Monitoring
and Enforcement; Termination
We
have the right to:
-
remove or refuse to post any User Contributions for any or no reason in our
sole discretion;
- take any action with respect to any User Contributions that we deem necessary
or appropriate in our sole discretion, including if we believe that such User
Contributions violates the Terms of Use, infringes any intellectual property
right or other right of any person or entity, threatens the personal safety of
users of the Website or the public or could create liability for the Company;
- disclose your identity or other information about you to any third party who
claims that material posted by you violates their rights, including their
intellectual property rights or their right to privacy;
- take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website; and/or
- terminate or suspend your access to all or part of the Website for any
violation of these Terms of Use.
Without
limiting the foregoing, we have the right to fully cooperate with any law
enforcement authorities or court order requesting or directing us to disclose
the identity or other information of anyone posting any materials on or through
the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF ITS
AFFILIATES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, ANY OF ITS AFFILIATES
OR LAW ENFORCEMENT AUTHORITIES.
However,
we do not undertake to review all material before it is posted on the Website,
and cannot ensure prompt removal of objectionable material after it has been
posted. Accordingly, we assume no liability for any action or inaction
regarding transmissions, communications or content provided by any user or
third party. We will have no liability or responsibility to anyone for
performance or nonperformance of the activities described in this section.
Content
Standards
These
content standards apply to any and all User Contributions and use of
Interactive Services. User Contributions must in their entirety comply with all
applicable federal, state, local and international laws and regulations.
Without limiting the foregoing, User Contributions must not:
-
contain or promote any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit or
indecent material of any kind;
- encourage, promote, solicit or commit conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any local,
state, national or international law;
- contain or promote in any way, information, software, or other material that
violates, plagiarizes or infringes the rights of third parties including,
without limitation, copyright (including, without limitation, offering pirated
computer programs or links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including serial registration
numbers for software programs, or any type of cracker utilities), trademark,
patent, trade secret, rights of privacy or publicity or any other proprietary
right;
- promote physical harm or injury against any group or individual;
- promote or solicit for participation in multi-level marketing or pyramid
schemes;
- contain or promote material that exploits children under eighteen (18) years
of age;
- contain or promote material of any kind which constitutes requests for money,
petitions for signature, or chain letters, or which involves commercial
activities or sales, such as contests, sweepstakes and other sales promotions,
barter or advertising;
- contain or promote material of any kind that contains a virus or other
harmful component;
- contain or promote information or material of any kind that constitutes or
contains false or misleading indications of origin; or
- contain or promote material of any kind in connection with gambling.
Copyright
Infringement
If
you believe that any User Contributions violate your copyright, please email admin@elitedawgs.com
- It is our policy in appropriate circumstances to disable and/or terminate the
accounts of users who are repeat infringers.
Reliance
on Information Posted
The
information presented on or through the Website is made available solely for
general information purposes. We do not warrant the accuracy, completeness or
usefulness of this information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility arising
from any reliance placed on such materials by you or any other visitor to the
Website, or by anyone who may be informed of any of its contents.
This
Website includes content provided by third parties, including materials
provided by other users, bloggers and third-party licensors, syndicators,
aggregators and/or reporting services. All statements and/or opinions expressed
in these materials, and all articles and responses to questions and other
content, other than the content provided by the Company, are solely the
opinions and the responsibility of the person or entity providing those
materials. These materials do not necessarily reflect the opinion of the
Company. We will not be responsible, or liable to you or any third party, for
the content or accuracy of any materials provided by any third parties.
Changes
to the Website
We
may update the content on this Website from time to time, but its content is
not necessarily complete or up-to-date. Any of the material on the Website may
be out of date at any given time, and we are under no obligation to update such
material.
Information
About You and Your Visits to the Website
All
information we collect on this Website is subject to our Privacy Policy.
By using the Website, you consent to all actions taken by us with respect to
your information in compliance with the Privacy Policy.
Linking
to the Website and Social Media Features
You
may link to our homepage, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part without our express written consent.
This
Website may provide certain social media features that enable you to:
-
link from your own or certain third-party websites to certain content on this
Website;
- send e-mails or other communications with certain content, or links to
certain content, on this Website; and/or
- cause limited portions of content on this Website to be displayed or appear
to be displayed on your own or certain third-party websites.
You
may use these features solely as they are provided by us, solely with respect
to the content they are displayed with, and otherwise in accordance with any
additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
-
establish a link from any website that is not owned by you;
- cause the Website or portions of it to be displayed, or appear to be
displayed by, for example, framing, deep linking or in-line linking, on any
other site;
- link to any part of the Website other than the homepage; and
- otherwise take any action with respect to the materials on this Website that
is inconsistent with any other provision of these Terms of Use.
The
website from which you are linking, or on which you make certain content
accessible, must comply in all respects with the Content Standards set out in
these Terms of Use.
You
agree to cooperate with us in causing any unauthorized framing or linking
immediately to cease. We reserve the right to withdraw linking permission without
notice.
We
may disable all or any social media features and any links at any time without
notice in our discretion.
Links
from the Website
If
the Website contains links to other sites and resources provided by third
parties, these links are provided for your convenience only. This includes
links contained in advertisements, including banner advertisements and
sponsored links. We have no control over the contents of those sites or
resources, and will not be responsible for them or for any loss or damage that
may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so
entirely at your own risk and subject to the terms and conditions of use for
such websites.
Geographic
Restrictions
The
owner of the Website is based in the state of Georgia in the United States. We
provide this Website for use only by persons located in the United States. We
make no claims that the Website or any of its content is accessible or
appropriate outside of the United States. Access to the Website may not be
legal by certain persons or in certain countries. If you access the Website
from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.
Disclaimer
of Warranties
You
understand that we cannot and do not guarantee or warrant that files available
for downloading from the internet or the Website will be free of viruses or
other destructive code. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL
THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON
IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR
USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE
COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS.
THE
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NO
STATEMENT, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM THE COMPANY OR ANY
PERSON ASSOCIATED WITH THE COMPANY, OR ANYWHERE ON THE WEBSITE, WILL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Limitation
on Liability
IN
NO EVENT WILL THE COMPANY, ITS AFFILIATES OR ITS OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (EACH A ELITEDAWGS PARTY)
BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED
TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Indemnification
You
agree to defend, indemnify and hold harmless the Company, its affiliates,
licensors and service providers, and its and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors and assigns
from and against any claims, liabilities, damages, judgments, awards, losses,
costs, expenses or fees (including reasonable attorneys
fees) arising out of or relating to your violation of these Terms of Use or
your use of the Website, including, but not limited to, your User Contributions,
any use of the Websites content, services and products other than as expressly
authorized in these Terms of Use or your use of any information obtained from
the Website.
Governing
Law and Jurisdiction
All
matters relating to the Website and these Terms of Use and any dispute or claim
arising therefrom or related thereto (in each case, including non-contractual
disputes or claims), shall be governed by and construed in accordance with the
laws of the State of Georgia without giving effect to any choice or conflict of
law provision or rule.
Any
legal suit, action or proceeding arising out of, or related to, these Terms of
Use or the Website shall be instituted exclusively in the federal courts of the
United States or the courts of the State of Georgia, although we retain the
right to bring any suit, action or proceeding against you for breach of these
Terms of Use in your country of residence or any other relevant country. You
waive any and all objections to the exercise of jurisdiction over you by such
courts and to venue in such courts.
Limitation
on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE
TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.
Waiver
and Severability
No
waiver by the Company of any term or condition set forth in these Terms of Use
shall be deemed a further or continuing waiver of such term or condition or a
waiver of any other term or condition, and any failure of the Company to assert
a right or provision under these Terms of Use shall not constitute a waiver of
such right or provision.
If
any provision of these Terms of Use is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of the Terms of Use will continue in full force and
effect.
Entire
Agreement
This
Agreement, together with any additional terms and conditions incorporated
herein (including, but not limited to, our Privacy Policy), constitutes the
sole and entire agreement between you and the Company with respect to the
Website and supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the
Website.
Your
Comments and Concerns
This
website is operated by Elitedawgs,
All
notices of copyright infringement claims should be sent to admin@elitedawgs.com
in the manner and by the means set forth therein.
All
other feedback, comments, requests for technical support and other
communications relating to the Website should be directed to: admin@elitedawgs.com
Thank
you for visiting the Website.