Connecting owners, dogs and the people who train them
(Revised January 2012)
Welcome to K9Contenders.com. This Website (including all web sites and web pages within K9Contenders.com as well as any equivalent, mirror, replacement, substitute or backup web sites and web pages that are associated with the website (the "Website") is operated by Passion Pups, LLC (the “Company,” or “we,” and/or “us” and/or “our”)). We are located at 200 Heady Drive Nashville, TN 37205; telephone (615) 200-8105.
1. Authorized Users
The Website is offered and made available only to users 18 years of age or older . If you are not yet 18 years old, then please discontinue using the Website immediately. If for any reason you do not agree with all of the terms and conditions contained in this Agreement, then please discontinue using the Website immediately. By using or attempting to use the Website, you certify that you are at least 18 years of age and agree to all terms and conditions of this Agreement.
ALL CONTENTS OF THIS WEBSITE ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT A WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT, AND WITHOUT LIMITATION AS TO QUALITY, COMPLETENESS, ACCURACY, TIMELINESS OR PERFORMANCE. The information contained in this site is for general use. Therefore, it does not constitute advice and should not be relied upon in making or refraining from making any decision. We make no warranty that the contents of this Website are free from infection by viruses or any other destructive or contaminating entity.
5. Ownership of Intellectual Property
The contents of this Website, including all Website software, design, text, images, photographs, illustrations, audio and video material, digital streaming, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are our exclusive property, and any of our successors and assigns, and any of our respective licensors, Advertisers (as defined below), suppliers, and operational service providers, and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. The Website is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Website, including notices on any data you download, transmit, display, print, or reproduce from the Website. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any of the Website, in part or whole, without the express prior written consent of Passion Pups, LLC. Any unauthorized or prohibited use may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect copyrights, trademarks, and other intellectual property rights. On notice, we will act expeditiously to remove content on the Website that infringes the copyright rights of others and will disable the access to the Website and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others. If you believe that the Website contains elements that infringe your copyrights in your work, please contact us.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
7. Rules of Conduct
Your use of the Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Website, or knowingly condone use of this Website by others, in any manner that is, attempts to, or is likely to: be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Website, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Website or to use the Website in any manner which violates or is inconsistent with the terms and conditions of this Agreement; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website or the rights or use and enjoyment of the Website by any other person, firm or enterprise; and/or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Website, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
All goods and services offered for sale on the Website ("Products") are offered by third parties that are not affiliated with the Company. All purchase and sale transactions conducted through the Website are transactions between the buyer and seller, and the Company is not a party to those transactions and bears no responsibility for those transactions. Any requests for refunds and the processing of any refunds are the responsibility of the purchaser and the third party that provided the Product. The Company makes no guarantee or warranty, express or implied, concerning any Products. In addition, we have no responsibility or liability whatsoever for goods or services you may obtain through other web sites or web pages, even if you were directed or linked to such a site or page through the Website, nor are we responsible for assisting you in correcting any problem you may experience with Products. The Company maintains no responsibility for listings for Products or the accuracy of any listing for Products.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING TO ANY AND ALL PRODUCTS AND SERVICES. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
While Products are offered by third parties, and the Company disclaims all responsibility for Products and responsibility for refunds relating to Products, the Company states the following policy with respect to payments for services the Company does provide, including, but not limited to subscriptions and advertising: If a subcribed member (a “Member”) requests termination of the membership subscription, there is no refund for any unused portion of the current subscription. Member acknowledges and agrees that the authorization to charge Member’s credit card for services shall automatically transfer to any successors or assigns of the Company for substantially similar services at the same website. A Member may not assign or transfer his or her subscription to any other person or entity. If a Member is entitled to any refund for any reason, the determination will be made in the sole discretion of the Company. Most refunds will be issued based on the payment method used at the time of purchase. Should Member request a refund that is denied for a valid reason under these Terms of Service, and should Member subsequently file a claim against any or all of us, we shall be entitled to collect from such Member all costs (including attorney’s fees) associated with defending such a claim.
K9Contenders.com may provide users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via mobile phone text messaging. Such services and promotional opportunities may be provided in tandem with third parties. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, or other similar survey information. Users registering for any K9Contenders.com‘s wireless marketing services acknowledge, understand, and agree that they may or will be charged by the their mobile carrier for all messages sent to the user from K9Contenders.com. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will we be responsible for any mobile email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address. A user understands, acknowledges and agrees that K9Contenders.com may, at its sole discretion and without liability to any user, terminate any offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice.
Your comments, suggestions, and information are important to us. Portions of the Website may provide you and other users an opportunity to participate in forum services, blogs, web communities, and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ("Post" or "Postings") and (b) User Content Postings. You understand, acknowledge, and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit, or otherwise make available via the Website. Postings do not reflect the views of the Website or us. We reserve the right to monitor, edit, remove, or screen any Postings. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Website; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Website.
If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize us to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Website and us the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any User Content that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) individual's full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Posting, you must deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements. You understand, acknowledge and agree that we have the right to delete, edit, re-format, and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). We have no obligation to store or keep any of your postings, and can without notice delete and permanently trash any Postings. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
11. Contests, Drawings, and Promotions
From time to time, we may conduct promotions on or through the Website, including, without limitation, contests and random drawings ("Promotions"). Each Promotion may have Additional Terms and/or Rules, which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
12. Podcasting, Video, Streaming, Broadcasting
The Website may provide podcasts, video, live streaming, or other audio and visual transmissions ("Broadcasts") from the Website that is provided over the Internet so that the audio and/or video file may be played from a user's computer. Certain software and hardware is required for users to download and play Broadcasts. United States Federal and State laws, and applicable foreign laws, regulations and treaties protect Broadcasts, and all rights in and to the Broadcasts are reserved to us or the content provider. Broadcasts are available for personal, noncommercial use only and you may download, copy and/or transfer to a portable listening device or a computer the Podcasts for your personal, non-commercial use only. You shall not, nor will you allow any third party to reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Broadcasts except as expressly authorized in this Section. By your access to and use of Broadcasts, you understand, acknowledge and agree that we do not warrant that the broadcasting service will operate on all user equipment, hardware or software.
13. Linked Websites
Through this Website, we may provide links to other sites that you may access through this one. Any linked sites are controlled and operated independently from The Company and its affiliates. Therefore, we make no representation whatsoever about any Website which you may access through this one. Moreover, our link to another Website does not mean that we endorse, agree with or accept any responsibility for the content or use of that Website. It is your responsibility to take precautions to ensure that the linked Websites that you select for use are free of viruses and other items of a destructive, injurious or unacceptable nature.
14. Deactivation/Termination of Your Registration or Use
You may deactivate your account on the Website, at any time and for any reason, by emailing us. We may terminate your use of and registration on the Website, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
15. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS WEBSITE AND/OR PASSION PUPS, LLC. AND ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, CONTRACTORS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. Neither the Company nor any affiliate or any party involved in creating, producing, maintaining or delivering this Website will be liable for any damages arising in contract, tort or otherwise from the use or inability to use this Website or its contents. Information, images and related graphics on this Website may contain inadvertent errors or technical inaccuracies, which we may update or change periodically. We may also make improvements or changes to the services or programs described in this information at any time without prior notice. Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have us, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for us, to refund any monies actually paid by you for the Products involved and to terminate and discontinue your use of the Site.
You agree to indemnify, defend and hold the Company and the Website, and any of our affiliates, or any of our successors and assigns, and any of our respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your submissions or postings. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
18. Comments to The Company
You may request information from, provide comments to, or send information or materials to The Company by email or by using this website. Any comments, information, or materials that you send to The Company, including but not limited to comments, feedback, questions, or suggestions (“Comments”) are deemed to be non-confidential. The Company will have no obligation of any kind with respect to Comments, and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute Comments to others without limitation. Further, The Company will be free to use any ideas, concepts, know-how or techniques contained in Comments for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating or based on the Comments.
19. Governing Law, Jurisdiction and Venue, Waiver of Jury Trial
All pages on this site: © 2012 Passion Pups, LLC. All rights reserved.
If you have any questions about this notice or any other portion of the Website, please contact us.