Terms and Conditions

WEB SITE SERVICE AGREEMENT/TERMS AND CONDITIONS

1. ACCEPTANCE OF TERMS

The Tkdogs.com website ("Website") is the property of Tamara Kristo (“TK). The services that the Website provides to User are subject to the following Terms and Conditions ("TAC"). TK reserves the right to update the TAC at any time without notice to User. The most current version of the TAC can be reviewed by clicking on the "Terms and Conditions " hypertext link located at the bottom of our Web pages.

A. This Agreement, which incorporates by reference other provisions applicable to use of Website, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in Website, sets forth the terms and conditions that apply to use of Website by User. By using Website (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

B. TK shall have the right at any time to change or discontinue any aspect or feature of Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. CHANGED TERMS

TK shall have the right at any time to change or modify the terms and conditions applicable to User's use of Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3. DESCRIPTION OF SERVICES

Through its Web property TK provides User with access to a variety of resources, Including, but not limited to dog database contents, advertisement posting and hosting (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TAC.

4. EQUIPMENT

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Website and all charges related thereto.

5. USER CONDUCT

A. User shall use Website for lawful purposes only. User shall not post or transmit through Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TK 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in TK 's discretion restricts or inhibits any other User from using or enjoying Website will not be permitted. User shall not use Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Website.

B. Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, video, graphics, music and sound, and the entire contents of Website are copyrighted as a collective work. TK owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of TK and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

C. User shall not upload, post or otherwise make available on Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Website, User automatically grants, or warrants that the owner of such material has expressly granted TK the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants TK the rights to edit, copy, publish and distribute any material made available on Website by User.

D. The foregoing provisions of Section 5 are for the benefit of TK, her subsidiaries, affiliates and her third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. USE OF SERVICES

The Services contain e-mail services, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses for unlawful purposes.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. TK has no obligation to monitor the Communication Services. However, TK reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. TKl reserves the right to terminate User's access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. TK reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Dogterminal's sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. TKDOGS does not control or endorse the content, messages or information found in any Communication Services and, therefore, TK specifically disclaims any liability with regard to the Communication Services and any actions resulting from User's participation in any Communication Services. Managers and hosts are not authorized TK spokespersons, and their views do not necessarily reflect those of TK.

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires User to open an account, User must complete the registration process by Providing TK with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User's password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User agrees to notify TK immediately of any unauthorized use of User's account or any other breach of security. TK will not be liable for any loss that User may incur as a result of someone else using User's password or account, either with or without User's knowledge. However, User could be held liable for losses incurred by TK or another party due to someone else using User's account or password. User may not use anyone else's account at any time, without the permission of the account holder.

8. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AV AILABLE ON THIS SITE

In no event shall TK and/or its perspective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use , data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

9. MATERIALS PROVIDED TO TK, OR POSTED AT ANY OF ITS WEB SITES

TK does not claim ownership of the materials User provide to TK (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User's Submission User is granting TK, its affiliated companies and necessary sub licensees permission to use User's Submission in connection with the operation of their Internet businesses (including, without limitation, all TK Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User's Submission; to publish User's name in connection with User's Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User's Submission, as provided herein. TK is under no obligation to post or use any Submission User may provide and TK may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User's Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User's use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User's private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User's Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User's Images without having User's name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for an Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User's Images.

10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

Overview. Website acts as an electronic venue for communication between potential buyers and sellers of puppies and dogs. TK is not a party to the transaction between buyers and sellers and does not guaranty any portion of the transaction. TK does not control the listing by Advertisers including, but not limited to, the truth or accuracy of the listing, the capability of Advertisers to comply with the terms of the transaction, the ability of buyers to complete the transaction, or feedback posted on the TK website regarding the buyer or seller. Listings, feedback or any other material posted on Website do not imply an endorsement by TK.

A. User expressly agrees that use of website is at user’s sole risk. Neither TK, its affiliates not any of their respective employees, agents, third party content providers or licensors warrant that website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through website.

B. Website is provided on an “AS IS” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that TK is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.

D. In no event will TK, or any person or entity involved in creating, producing or distributing website or the TK software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use website. User hereby acknowledges that the provisions of this section shall apply to all content of the site.

E. In addition to the terms set forth above neither, TK, not its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthencity of, the information contained within website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shell be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

F. Force Majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failures, and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers on internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

11. LINKS TO THIRD PARTY SITES

The links in this area will let you leave TK site. The linked sites are not under the control of TK and TK is nor responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. TK\ is not responsible for webcasting or any other form of transmission received from any linked site. TK is providing these links to you only as a convenience. And the inclusion of any link does not imply endorsement by TK of the site.

TK is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, TK has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Website, are those of the respective author(s) or distributor(s) and not of TK. Neither TK nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Website represents the opinions and judgments of the respective information provider, User, or other user not under contract with TK. TK neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Website by anyone other than authorized TKD employee spokespersons while acting in their official capacities. Under no circumstances will TK be liable for any loss or damage caused by a User’s reliance on information obtained through Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through TK. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

12. UNSOLICITED IDEA SUBMISSION POLICY

TK or any of her employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when TK’S products or marketing strategies might seem similar to ideas submitted to TK. So, please do not send your unsolicited ideas to TK or anyone working for TK. If, despite our request that you not send us your ideas and materials, you still send them, please understand that TK makes no Assurances that your ideas and materials will be treated as confidential or proprietary.

13. MONITORING

TK shall have the right, but not the obligation, to monitor the content of Website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by TK and to satisfy any law, regulation or authorized government request. TK shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Website. Without limiting the foregoing, TK shall have the right to remove any material that TK, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

14. INDEMNIFICATION

You agree to defend, indemnify and hold harmless TK, her parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to your use (including Your agents affiliates, or anyone acting on your behalf) of the. You agree to indemnify and hold TK harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that You have infringed a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should TK be notified of a pending law suit, or receive notice of the filing of a law suit, TK may seek a written confirmation from You concerning Your obligation to indemnify TK. Your failure to provide such a confirmation may be considered a breach of this Agreement.

You agree that TK shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify TK of any such claim promptly in writing and to allow TK to control the proceedings.

You agree to cooperate fully with TK during such proceedings. You agree You will not be entitled to a refund of any fees paid to TK if, for any reason, TK takes corrective action with respect to Your improper or illegal use of its Website.

Comments posted on the Website's forum do not imply endorsement by the Website, they are the sole expressed views of the original poster. You agree to indemnify and hold TK, and her subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of negative comments posted on the forum.

15. TERMINATION

Either TK or User may terminate this Agreement at any time. Without limiting the foregoing, TK shall have the right to immediately terminate User's Account in the event of any conduct by User which TK, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

16. COPYRIGHT NOTICE

17. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

18. USE OF INFORMATION

The Member's information ("Your Information") is information provided during the registration, the listing process, email or gathered in monitoring your usage of TK’s Website. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. It is TK's policy to take reasonable measures to respect the privacy of Website users. TK will take reasonable measures to not disclose the contents of your communications unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) conform to the edicts of the law or comply with legal process served on TK' website; (ii) protect and defend the rights or property of TK, enforce or further the application or intent of the terms of this Agreement; or (iii) act to protect the personal safety of TK participants or the public.

From time to time, TK may make our database of Your Information available to other parties for promotions or solicitations of their goods or services that may be of interest to Website users. However, we will not distribute personal information. Accepting this Agreement, you expressly consent to such disclosure of non-personally identifiable information. Please note that TK maintains the right to send you periodic updates as TK deems necessary. If you provide any information to other parties, or any other sites you encounter on Website or the Internet, different rules may apply to their use or disclosure of the personal information you disclose to them. We may, however, use and disclose general data and/or statistical data that includes data about you and/or your listings in order to provide better service to you and other users, among other reasons.

Your Information: (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of illegal or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not threaten TK' use of her ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: are prohibited under this Agreement or cause TK to violate any applicable law, statute, ordinance or regulation.

Any rights not expressly granted herein are reserved.

Terms and Conditions - TKDOGS.COM