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TERMS AND CONDITIONS OF USE
Welcome to PugVillage.com. PugVillage.com is provided
to you for your personal entertainment, information, education and
communication through our featured content and interactive forums on the World
Please read these Terms and Conditions carefully. These
Terms and Conditions include our policy for acceptable use of PugVillage.com
and content posted on PugVillage.com, your rights, obligations and
restrictions regarding your use of PugVillage.com and PugVillage.com's
By accessing PugVillage.com, you accept, without
limitation or qualification, the following Terms and Conditions. You are only
authorized to use PugVillage.com and its services if you agree to abide by
all applicable laws and to these Terms and Conditions. If you do NOT accept the
Terms and Conditions, then please discontinue your use of PugVillage.com.
We may modify these Terms and Conditions from time to time
and such modification shall be effective upon posting on PugVillage.com. You
agree to be bound to any changes to these Terms and Conditions when you use PugVillage.com
after any such modification is posted. Is it important that you review these
Terms and conditions regularly to ensure you are updated as to any changes
made. These Terms and Conditions constitute the entire agreement regarding your
use of PugVillage.com and the services it offers and supersede any such
Without limiting any other provisions of this Agreement,
you may not use PugVillage.com for any purpose that is unlawful or
prohibited by this Agreement and/or any applicable additional terms. Your
access to PugVillage.com may be terminated immediately in our sole
discretion, with or without notice, if you fail to comply with any provision of
this agreement and/or additional terms, or for any other reason, or no reason.
You expressly agree not to:
- Use PugVillage.com
or its contents for any commercial purpose;
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;
- Take any
action that imposes, or may impose, in our discretion, an unreasonable or
disproportionate burden on our infrastructure; and
"mirror" or otherwise incorporate any part of PugVillage.com
into any other website without our prior written permission.
Content on PugVillage.com
The material on PugVillage.com is protected by
copyright, trademark, and other applicable laws. You may not modify, copy,
reproduce, republish, upload, post, transmit, publicly display, prepare derivative
works based on, or distribute in any way any material from PugVillage.com,
including but not limited to text, audio, video, code and software. During your
visit, however, you may download material displayed on PugVillage.com for
non-commercial, personal use only (provided that you also retain all copyright
and other proprietary notices contained on the materials). We neither warrant
nor represent that your use of materials displayed on PugVillage.com will
not infringe rights of third parties not owned by us or affiliated with PugVillage.com.
PugVillage.com may provide you and other users an
opportunity to submit, post, display, transmit and/or exchange information,
ideas, opinions, photographs, images, video, creative works or other
information, messages, transmissions or material to us, PugVillage.com or
others ("Post" or "Postings"). Postings do not reflect our
views; and we do not have any obligation to monitor, edit, or review any
Postings on PugVillage.com. We assume NO responsibility or liability arising
from the content of any such Postings nor for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography, profanity, danger, or
inaccuracy contained in any information within such Postings on PugVillage.com.
You are strictly prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material that could
constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviors are strictly prohibited:
vulgar, obscene or otherwise harmful language,
ethnically or otherwise, objectionable language,
intimidating, stalking or threatening other community members,
- Libelous, defamatory or
otherwise tortuous language,
of another person,
distributing, transmitting or promoting illegal content,
of another's privacy,
that are hurtful to minors,
providing, transmitting or otherwise making available any materials or
information infringing on the rights of a third party,
providing, transmitting or otherwise making available any junk mail or
uploading, emailing or otherwise transmitting any material that contains
any malicious computer code, or reverse engineering or hacking any
materials on PugVillage.com.
We will fully cooperate with any law
enforcement authorities or court order requesting or directing PugVillage.com
to disclose the identity of anyone posting any such information or materials.
You represent and warrant that: (i)
you own the content posted by you on or through PugVillage.com or otherwise
have the right to grant the license set forth below, and (ii) the Posting of
your content does not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person.
By displaying or posting content on PugVillage.com, you
hereby grant us a nonexclusive global license to publish the content submitted
by you to PugVillage.com. You also grant us global nonexclusive adaptation
and resale rights over any content and material submitted to PugVillage.com.
These nonexclusive publishing license and resale/adaptation rights extend to
any materials submitted "for publication" within PugVillage.com,
including both message board postings and content submitted for uploading and
subsequent publishing within non-message board portions of PugVillage.com.
Neither we nor our staff will be responsible for any misleading, false or
otherwise injurious information and advice communicated on PugVillage.com or
for any results obtained from the use of such information or advice. We will
not be liable for any loss or damage suffered by a user through the user's
reliance on information and advice gained on PugVillage.com.
We reserve the right to keep all your submitted content
including, forum posts and threads, private messages and blog posts active,
including your user account, even if you decide to leave our forum or have your
account banned, suspended or deleted.
PugVillage.com may provide links to other websites or
resources. Because we have no control over such sites and resources, you
acknowledge and agree that we are not responsible for the availability of such
external sites and resources, and do not endorse and is not responsible or
liable for any content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and agree that
we shall not be liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use or reliance on any
such content, goods or services available on or through any such site or
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as
amended, we hereby notify you that parental control protections (such as
computer hardware, software, or filtering services) are commercially available
that may assist you in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is available at
the American Links Up web site, http://www.netparents.org.
Pursuant to 17 U.S.C. Section 512 as amended by Title II of
the Digital Millennium Copyright Act (the "Act"), we reserve the
right, but not the obligation, to terminate your license to use PugVillage.com
if we determine in its sole and absolute discretion that you are involved in
infringing activity, including allege acts of first-time or repeat
infringement, regardless of whether the material or activity is ultimately
determined to be infringing. We accommodate and do not interfere with standard
technical measures used by copyright owners to protect their materials. In
addition, pursuant to 17 U.S.C. Section 512 (c), we have implemented procedures
for receiving written notification of claimed infringements and for processing
such claims in accordance with the Act. All claims of infringement must be
submitted in a written complaint that complies with the requirements below and
delivered to our designated agent to receive notification of claimed
infringement by mail:
1135 Adelaide St.
North - 3rd Floor
In addition, any written notice regarding any defamatory or
infringing activity, whether of a copyright, patent, trademark or other
proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf
of (1) the owner of an exclusive right that is allegedly infringed or (2) the
B. Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site. Similarly, for materials that
are defamatory or infringe patent, trademark, or other proprietary rights of a
third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the
subject of infringing activity, or that is claimed to be defamatory and that is
to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your
address, telephone number, and/ or e-mail address.
E. A statement that you have a good faith belief that use of the material, in
the manner complained, of is not authorized by the copyright or other
proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed or on behalf of the person defamed.
You agree to indemnify and hold us, and our subsidiaries,
affiliates, directors, officers, agents, vendors or other partners and
employees harmless from any claim or demand, including attorneys' fees, made by
any third party due to or arising out of any material or information posted,
provided, transmitted or otherwise made available by you on PugVillage.com
or through PugVillage.com's services, or by your
violation of these Terms and Conditions, or by your violation of the rights of
Disclaimers and Limitation of Liability
You understand and agree that PugVillage.com is provided
"As-Is" and that we assume no responsibility for your ability to (or
any costs or fees associated with your ability to) obtain access to PugVillage.com.
Nor do we assume any liability for the failure to store or maintain any user
communications or personal settings.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM PugVillage.com OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL PugVillage.com OR ITS OWNER BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING
FROM YOUR USE OF PugVillage.com OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the disclaimer, exclusion
or limitation of incidental or consequential damages, so the foregoing disclaimer,
exclusion and limitation may not apply to you, and you may have other legal
rights that vary according to jurisdiction. In no event will damages provided
by law (if any) apply unless they are required to apply by statute,
notwithstanding their exclusion by contract.
If there is any dispute about or involving PugVillage.com
or its Services, you agree that the dispute shall be governed by the laws of
the province of Ontario, Canada, without regard to conflict of law provisions
and you agree to exclusive personal jurisdiction and venue in the state and
federal courts of the Canada located in the province of Ontario. You also agree
and hereby submit to the exclusive personal jurisdiction and venue of the
federal district and provincial courts of Ontario with respect to such matters.
We make no representation that materials on PugVillage.com are appropriate
or available for use in other locations, and accessing them from territories
where their content is illegal is prohibited. Those who choose to use or access
PugVillage.com from other locations do so on their own initiative and are
responsible for compliance with local laws.
The section titles and other headings in these Terms and
Conditions are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of these Terms and
Conditions shall not operate as a waiver of such right or provision. If any
provision of these Terms and Conditions is unlawful, void or unenforceable,
that provision is deemed severable and does not affect the validity and
enforceability of any remaining provisions.
August 6, 2010