Terms and Conditions

 

Welcome to the DogMerchants website or mobile properties, including related applications (collectively, this “Website”). This Website is provided solely to assist customers in gathering dog-seller information, posting opinions of dog-seller related issues, and searching for, reading and commenting on opinions of dog sellers, and for no other purposes. The terms “we”, “us”, “our” and “DogMerchants” refer to Imagine Media LLC, a New Jersey corporation and/or our subsidiaries. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

 

This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website.

 

We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.

USING THE WEBSITE

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a DogMerchants account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Website. DogMerchants does not knowingly collect the information of anyone younger than age 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

 

 

 

 

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  • (i) use this Website or its contents for any commercial purpose
  • (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • (iii) bypass or circumvent any measures employed to prevent or limit access to this Website;
  • (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • (v) deep-link to any portion of this Website for any purpose without our express written permission;
  • (vi) “frame,” “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
  • (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by DogMerchants in connection with the Website or the services.

PRIVACY POLICY

DogMerchants believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of DogMerchants, to understand our practices.

 

In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect DogMerchants’ systems, assets, employees, members and customers; (b) to ensure the integrity and operation of DogMerchants’ business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. DogMerchants’ right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, shall take precedence over any terms of DogMerchants’ Privacy Policy.

USE OF INTERACTIVE AREAS

By submitting content to this Website by email, postings on this Website or otherwise, including any dog seller reviews, comments, opinions, photographs, videos, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant DogMerchants and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that DogMerchants may choose to provide attribution of your comments or reviews at our discretion. You further grant DogMerchants the right to pursue at law any person or entity that violates your or DogMerchants’ rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

 

This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of dog sellers or other content, messages, materials or other items on this Website (“Interactive Areas”). If DogMerchants provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

 

  • Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

 

  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;

 

  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

 

  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including DogMerchants;

 

  • Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

 

  • Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

 

  • Viruses, corrupted data, or other harmful, disruptive or destructive files;

 

  • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

 

  • Content or links to content that, in the sole judgment of DogMerchants, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) that may expose DogMerchants or its affiliates or its users to any harm or liability of any type.

 

DogMerchants takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DogMerchants liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, DogMerchants is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although DogMerchants has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, DogMerchants reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.

 

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by DogMerchants or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release DogMerchants, and its licensees, successors and assigns, from any claims that you could otherwise assert against DogMerchants by virtue of any such moral rights.

 

Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.

 

LIABILITY DISCLAIMER

The information, software, products and services published on this website may include inaccuracies or errors. DogMerchants, its subsidiaries and corporate affiliates (collectively, the DogMerchants Media Companies”) do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of the dog seller, dog merchant, dog breeder, dog rescuer or any other dog seller, company or nonprofit organization displayed on this website. In addition, DogMerchants expressly reserves the right to correct any errors on our website.

 

The DogMerchants Media Companies make no representations about the suitability of the information, software, products and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the DogMerchants Media Companies. All such information, software, products and services are provided “as is” without warranty of any kind. The DogMerchants Media Companies disclaim all warranties and conditions that this website, its servers or any email sent from the DogMerchants Media Companies are free of viruses or other harmful components. DogMerchants hereby disclaims all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement.

 

Any third-party suppliers supplying information or other services on this website are independent contractors and not agents or employees of the DogMerchants Media Companies. The DogMerchants Media Companies are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage or other damages or expenses resulting therefrom. The DogMerchants Media Companies have no liability and will make no refund in the event of decisions made regarding the purchase of a dog. In no event shall the DogMerchants Media Companies (or their officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon reviews and opinions appearing on this website; any computer viruses, information, software, linked sites, products and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability or otherwise, and even if DogMerchants has been advised of the possibility of such damages.

 

If the DogMerchants Media Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then the DogMerchants Media Companies liabilities will in no event exceed, in the aggregate, the greater of (a) any transaction fees paid to DogMerchants for the transaction(s) on this Website giving rise to the claim; or (b) Twenty-five Dollars (U.S. $25.00).

 

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the DogMerchants Media Companies.

 

INDEMNIFICATION

You agree to defend and indemnify DogMerchants and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • (i) your breach of this Agreement or the documents referenced herein;
  • (ii) your violation of any law or the rights of a third party; or
  • (iii) your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than DogMerchants. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on DogMerchants to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

 

SOFTWARE AVAILABLE ON THIS WEBSITE

The DogMerchants websites are controlled and operated by DogMerchants from its offices in the State of New Jersey in the United States. DogMerchants makes no representation that materials on the DogMerchants websites are appropriate or available for use outside of the United States. Those who choose to access the DogMerchants website from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the DogMerchants websites is further subject to United States export controls. No software from the DogMerchants websites may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the DogMerchants websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Any software that is made available to download from the DogMerchants websites (“Software”) is the copyrighted work of DogMerchants, or DogMerchants affiliates, or other third-party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

 

Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by DogMerchants and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: ©2015 Imagine Media LLC. All rights reserved. DogMerchants is not responsible for content on websites operated by parties other than DogMerchants. DogMerchants, the DogMerchants logo and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Imagine Media LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DogMerchants or the applicable trademark holder.

 

In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DogMerchants and may not be copied, imitated or used, in whole or in part, without the prior written permission of DogMerchants. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website 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 endorsement, sponsorship or recommendation thereof by DogMerchants.

 

If you are aware of an infringement of either your brand or our brand, please let us know by e-mailing us using the content form on DogMerchants.com.

JURISDICTION AND GOVERNING LAW

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of New Jersey, USA. You hereby consent to the exclusive jurisdiction and venue of courts in New Jersey, USA, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Imagine Media LLC arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in the State of New Jersey. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

 

GENERAL PROVISIONS

You agree that no joint venture, agency, partnership or employment relationship exists between you and the DogMerchants Media Companies and/or affiliates as a result of this Agreement or use of this Website.

 

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

 

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

 

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and DogMerchants with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DogMerchants with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

 

Any rights not expressly granted herein are reserved.