Terms of Service

 

Terms of Service for www.yourpitbullandyou.org

Introduction

Welcome to www.yourpitbullandyou.org. This website is owned and operated by Your Pit Bull & You. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of September 28, 2016.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

Iii. Contains any type of unauthorized or unsolicited advertising;

Iiii. Impersonates any person or entity, including any www.yourpitbullandyou.org employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Your Pit Bull & You, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless Your Pit Bull & You and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.

ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Your Pit Bull & You or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Your Pit Bull & You will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you or your pet as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on www.yourpitbullandyou.org, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Your Pit Bull & You, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Your Pit Bull & You.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Your Pit Bull & You from our offices located in the state of Pennsylvania, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Pennsylvania, by accessing our website, you agree that the statutes and laws of Pennsylvania, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, Pennsylvania. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, Your Pit Bull & You EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Intellectual property

Please note that the materials displayed on this website, including, without limitation, all editorial materials, photographs, illustrations and other graphic materials, and names, logos, trademarks and service marks, are the property of Your Pit Bull & You. or any of its subsidiaries, affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. Other products or company names mentioned on this website may be the trademarks of their respective owners. You are not allowed to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material or any part thereof save that you may: (a). print or down-load extracts of the material on this website for your non-commercial, informational and personal use; or (b).copy the material on this website for the purpose of sending it, without any commercial objective, to individual parties for their personal information provided that you acknowledge Your Pit Bull & You. as the source of the material and that you inform the third party that these terms and conditions apply to them and that they must comply with them. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any patent or trademark of Your Pit Bull & You. or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any licence or right to any copyright or other intellectual property rights in relation to any such information, data, products or services.

All images and content found on yourpitbullandyou.org are being used for entertainment, support and/or educational purposes only and fall into one or more of the following five categories:

1. Original creations of yourpitbullandyou.org and are protected under U.S. copyright law.
2. Special permission grants: In some cases special permission has been granted from the copyright holder to use a specific image or images (credit is given when requested).
3. Photos Submitted by Owner: (Personal Photos or Professional Photographer Photos)
Personal Photos: Once photos and information are submitted to yourpitbullandyou.org, the submitter is granting yourpitbullandyou.org permission to use the photos, pictures, or images deemed necessary by yourpitbullandyou.org. Any promotional use of photos is granted to yourpitbullandyou.org. All photos, pictures, and images submitted to yourpitbullandyou.org are agreed to be within the submitter’s ownership and copyrights. Submitting any photos, pictures, or images to yourpitbullandyou.org is agreeing to grant permission to use copyrighted material on yourpitbullandyou.org. yourpitbullandyou.org cannot and will not be held responsible for any legal consequences of images submitted by its users.
Photographer Photos: The photographer accepts all liability for any model or property release issues that may arise from a recognizable individual or trademarked property in the image. Please do not submit images for which you do not have a current Model or Property Release in your files. yourpitbullandyou.org will take steps to prevent the unauthorized use of the images that are displayed on our website, however, yourpitbullandyou.org is not liable for any misuse of the images that may result from use of the images. Photographer is fully aware that the digital images can be easily transferred and manipulated, and any liability related to the digital theft of the images is removed from yourpitbullandyou.org.
4. Taken from sources believed to be in the public domain. These images, which are widely distributed for free use on various Internet web authoring sites, are freely available on the world wide web and have been compiled from various public media sources or have been submitted by users of the site through e-mail. We ask that images submitted to yourpitbullandyou.org by users are free of copyright or are original images owned and/or created by the individuals submitting the image and, therefore, any image submitted to yourpitbullandyou.org is free of copyright unless otherwise notified. Submission of original material, to yourpitbullandyou.org, explicitly implies permission of the further unrestricted use by yourpitbullandyou.org. It is assumed that all such images are indeed public domain, but since such images are passed around freely between sites, it is not always possible to trace them back to their original source. It is possible for copyrighted material to inadvertently end up on public domain sites.
In the event that there is still a problem or error with copyrighted material, the break of the copyright is unintentional and noncommercial and the material will be removed immediately upon proof. If you are the owner of material that appears on yourpitbullandyou.org please follow our Notice for Claims of Intellectual Property Violations procedures and the material will be removed promptly. However, if you are the owner and would rather credit be given for the material, instead of removal, we will gratefully give the appropriate credit desired.
yourpitbullandyou.org respects the intellectual property of others, and we ask our users to do the same.
yourpitbullandyou.org cannot and will not be held responsible for any legal consequences of images submitted by its users.
All copyrights pertaining to publicity photos, special permission grants and courtesy photos belong to their respective owners.

Notice for Claims of Intellectual Property Violations and Agent for Notice:

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Your Pit Bull and You’s Copyright Agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on iBaller.com, with enough detail that we may find it on the web site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Your Pit Bull and You’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

info@yourpitbullandyou.org

Disclaimer for External Links

The appearance of hyperlinks does not constitute endorsement by yourpitbullandyou.org of the linked web sites, or the information, products or services contained therein. yourpitbullandyou.com does not exercise any editorial control over the information you may find at these locations. yourpitbullandyou.org is not responsible for the contents of any off site pages referenced. The user specifically acknowledges that yourpitbullandyou.org is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user.
If there is anything on yourpitbullandyou.org that you have a question about, please feel free to contact us.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Your Pit Bull & You
P.O.Box 254
New Hope, PA 18938
USA

info@yourpitbullandyou.org