Welcome, facedog is a canine utility that connects your buddies with all their friends. Upload their photos, their videos and their stories.
Login
TERMS OF USE
23-05-2008
(THE “TERMS”)
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE FACEDOG SITE (THE “SITE”) OPERATED BY FACEDOGS SARL AND ITS COPORATE AFFILIATES (COLLECTIVELY, “FACEDOG”, “WE” OR “US”) AS THEY APPLY TO THE ENTIRE CONTENT OF THE SITE AND AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. ACCESSING THE SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE.
1. INTRODUCTION
1.1 By accessing or using any part of the Site, you (the “User”) signify that you have read, understood and agreed these Terms, whether or not you are a registered member of the Site. By accessing or using any part of the Site, you confirm also that your local legislation is compatible with these Terms and that these Terms shall prevail on your legislation.
1.2 If you do not agree to abide by the Terms or any future Terms, do not continue to use or access the Site.
1.3 We reserve the right, at our sole discretion, to amend or revise the Terms at any time without further notice. In this case, we will post changes to these Terms on this page and will indicate at the top of this page the date the Terms were last revised. The amended Terms will be effective immediately and you will be bound by the amended Terms from that time.
1.4 It is your responsibility to regularly check this page to determine if there have been any changes to the Terms and to review such changes.
1.5 Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
2. REGISTRATION
2.1 You must have a registered user name and password to use the Site, except to access the home page of the Site.
2.2 In consideration of your use of the Site, you agree to (i) provide true, accurate, current and complete information about yourself as you may be prompted by any registration form on the Site (the “Registration Data”), (ii) maintain the security and the confidentiality of your password and identification, (iii) update promptly the Registration Data, and any other information you provide on the Site, to keep it true, accurate, current and complete, (iv) be fully responsible for all use of your account and for any actions that take place using your account, (v) immediately inform us of any unauthorized use of your password or account or any other breach of security and (vi) ensure that you exit from your account at the end of each session. Facedog does not accept liability for any loss or damage arising from the failure to comply with clause 2.2.
2.3 Your Registration Data includes but is not limited to your confirmation (i) that you are over the age of 18 or (ii) that you are the parent or guardian of a person under 18 and that you authorize the person under 18 to be user of the Site in accordance with the Terms. Facedog is concerned about the safety and privacy of all its users, particularly children under the age of 13. If you are a parent or guardian of a person under 18, it is your responsibility to determine whether any of the content on the Site is appropriate for this person.
3. PROPERTY RIGHTS - LICENCE
3.1 All content on the Site, including but not limited to data, articles, photographs, text, messages, notes, listings, graphics, pictures, images, designs, music, sound, video, information, profiles, applications, software and other content or items, and their selection and arrangement, are the property of Facedog, its users or its licensors with all rights reserved.
3.2 You are solely responsible for the data, articles, photographs, text, messages, notes, listings, graphics, pictures, images, designs, music, sound, video, information, profiles, applications, software and other content or items that you upload, publish or display ("post") on or through the Site, or transmit to or share with other users. You may not post, transmit, or share content on the Site that you did not create or that you do not have permission to post.
3.3 By posting content on the Site you confirm that you are the owner of the copyright and any similar right in any such content.
3.4 When you post content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site.
3.5 By posting content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Facedog an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing.
3.6 You may remove your content from the Site at any time. If you choose to remove your content, the license granted above will automatically expire, however you acknowledge that Facedog may retain archived copies of your content.
3.7 No Site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Facedog's prior written permission, except that the foregoing does not apply to your own content that you legally post on the Site.
3.8 Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
3.9 Except for your own content, you may not upload or republish Site content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site content is strictly prohibited. Such license is subject to the Terms and does not include use of any data mining, robots or similar data gathering or extraction methods.
3.10 Any use of the Site or the Site content other than as specifically authorized herein, without the prior written permission of Facedog, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause.
4. USER CONDUCT
4.1 You understand that except for eventual advertising programs offered by us on the Site, the Site is available for your personal, non-commercial use only.
4.2 You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.
4.3 In addition, you agree not to use the Site to:
(i) harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(ii) use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
(iii) use automated scripts to collect information from or otherwise interact with the Site;
(iv) upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that are of you, your family or your friends, are taken by you, your family, your friends or your pets, or are original art or animation created by you, your family, your friends or your pets;
(v) register for more than one user account, register for a user account on behalf of an individual other than yourself (except if you are the parent or guardian of a person under 18 acting on the person’s behalf), or register for a user account on behalf of any group or entity;
(vi) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(vii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
(viii) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
(ix) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
(x) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(xi) intimidate or harass another;
(xii) upload, post, transmit, share, store or otherwise make available 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;
(xiii) use or attempt to use another's account, service or system without authorization from Facedog, or create a false identity on the Site;
(xiv) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Facedog, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Facedog or its users to any harm or liability of any type.
4.4 Facedog is not responsible or liable in any manner for any content posted on the Site, whether posted or caused by users of the Site by third parties or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for users’ conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any content of the Site. Facedog is not responsible for the conduct, whether online or offline, of any user of the Site.
5. USER MATERIAL
5.1 Facedog will be free to copy, disclose, distribute, incorporate and otherwise use data, articles, photographs, text, messages, notes, listings, graphics, pictures, images, designs, music, sound, video, information, profiles, applications, software and other content or items embodied therein for any and all commercial and non-commercial purposes. If you do not wish Facedog to have the rights set out in this clause 5.1, please do not transmit or post any material or submit any contributions to the Site.
5.2 You acknowledge that you are solely responsible for the content of your submissions and you agree to submit only contributions that are your own original work, such contributions must be accurate (where they state facts) and genuinely held (where they state opinions).
5.3 You are prohibited from posting to the Site any content which
(i) is unlawful, harassing, threatening, defamatory, harmful, profane, indecent, pornographic, vulgar, obscene, abusive, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(ii) violates a patent, trade mark, copyright, trade secret or other intellectual property rights of others or for which you have not obtained all necessary licences and/or approvals;
(iii) constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in any country in the world;
(iv) constitutes any form of marketing or advertising;
(v) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
(vi) harm minors in any way.
5.4 You must not misuse the Site (including, without limitation, hacking).
5.5 Violation of this clause 5 may lead to legal action being taken against you by the authorities or an aggrieved third party.
5.6 Where you post content on the Site, you must do so in accordance with these Terms, in particular the present clause, and the following rules:
(i) you acknowledge that you are solely responsible for the content of your submissions and you agree to submit contributions that are civil and tasteful;
(ii) you agree to keep your number of contributions to a reasonable level to enable Facedog to publish contributions from as many different people as possible.
6. SERVICE ACCESS
6.1 Facedog assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Facedog is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site. Under no circumstances will Facedog be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the Site, any content posted on or through the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.
7. PRIVACY
7.1 Facedog cares about the privacy of its users.
7.2 By accessing and using the Site, you consent to the processing (including international transfer) of personal information about you as described in the Facedog Privacy Policy.
7.3 You should be careful before providing any personal information to any third parties in connection with this Site.
8. SUBMISSIONS
8.1 You acknowledge and agree that any questions, comments, suggestions, ideas feedback or other information about the Site provided by you to Facedog are non-confidential and shall become the sole property of Facedog.
8.2 Facedog shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or non-commercial, without acknowledgment or compensation to you.
9. TERMINATION
9.1 You understand and agree that Facedog may suspend or terminate your account or membership, prohibit you from accessing or using the Site, delete your profile or any content or information that you have posted on the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation (i) if it believes that you are under the age of 18 or that you are not the parent or guardian of a person under 18, (ii) if you provide any information that is untrue, inaccurate, not current or incomplete, (iii) if you infringe any intellectual property rights, (iv) if the content posted by you might be offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others, or (v) if it believes at its sole judgment that you violate the Terms.
9.2 You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Site or provide to Facedog.
10. USERS DISPUTE
10.1 You are solely responsible for your interactions with other Facedog users. We reserve the right but have no obligation to monitor disputes between you and other users.
11. HYPERLINKS
11.1 The Site contains (or you may be sent through the Site) hyperlinks to other websites as well as data, articles, photographs, text, messages, notes, listings, graphics, pictures, images, designs, music, sound, video, information, profiles, applications, software and other content or items belonging to or originating from third parties. Hyperlinks to third party websites or content on the Site are provided solely for your convenience. If you use these hyperlinks, you will leave the Site.
11.2 The editorial content of any other website to which you have gained access by means of any hyperlinks published on the Site remains the responsibility of the provider of that other website. You should review the applicable terms and policies, including privacy and data gathering practices, of any other website to which you navigate from the Site or relating to any applications you use or install from the Site.
11.3 If you decide to access any of other websites linked to the Site or to use or install any data, articles, photographs, text, messages, notes, listings, graphics, pictures, images, designs, music, sound, video, information, profiles, applications, software and other content or items belonging to or originating from third parties, you do so entirely at your own risk.
12. CONTENT OF THE SITE
12.1 Facedog reserves the right to change any and all content, software and other items used or contained in the Site at any time without notice.
12.2 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, or any affiliation therewith, by Facedog.
13. LIMITATION OF LIABILITY
13.1 The Site is provided “as is” for information purposes only and Facedog gives no warranties of any kind either express or implied in respect thereof. Specifically, but without information, Facedog does not warrant that (i) you will be able to use the Site or that it will continue to be made available in its current or any other form and (ii) this Site or any material of whatsoever nature available on or downloaded from it will be free from viruses or defects, compatible with your requirement or fit for any purposes.
13.2 It is your responsibility to maintain all appropriate firewalls and to take all appropriate anti-virus and other precautions which may be necessary for your use of the Site. Facedog shall not be liable to you, whether for negligence, breach of contract or otherwise, for any loss or damage of whatsoever nature suffered by you (including without limitation, direct loss or damage, indirect or consequential loss or damage, loss of goodwill, loss of business opportunity, loss of data or loss of profit), arising without limitation from (i) any computer virus or other bug transmitted through the Site, (ii) your use or inability to use the Site at any time and any failure by Facedog to provide the Site, (iii) your use of and/or reliance on other websites to which you have gained access by means of hyperlinks published on the Site, (iv) the content or accuracy of any material posted by you, or any other user of the Site or your reliance upon it, (v) any inaccurate information published on the Site or (vi) your failure to comply with any law or regulation that is applicable to you.
13.3 Nothing in the Terms shall operate to exclude or restrict our liability for either fraud, or death or personal injury resulting from our negligence.
13.4 IN NO EVENT WILL FACEDOG OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR ACCESS AND USE OF THE SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF FACEDOG IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FACEDOG's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FACEDOG DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE FACEDOG's LIABILITY TO YOU EXCEED USD 1’000.-. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO FACEDOG FOR THE ACCESS AND/OR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FACEDOG, REGARDLESS OF THE CAUSE OF ACTION.
13.5 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
14. INDEMNITY
14.1 You agree to indemnify and hold Facedog, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you post or share on or through the Site, your conduct in connection with the Site or with other users of the Site, or any violation of the Terms or of any law or the rights of any third party.
15. ENFORCEMENT AND VALIDITY
15.1 The failure of Facedog to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision in that or any other instance.
15.2 If any provision of the Terms is held invalid, the remainder of the Terms shall continue in full force and effect. If any provisions of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
16. ENTIRE AGREEMENT
16.1 The Terms constitute the entire agreement between you and Facedog regarding the use of the Site superseding any prior agreements between you and Facedog relating to your use of the Site.
17. GOVERNING LAW AND JURISDICTION
17.1 By accessing or using the Site, you agree that the laws of Luxembourg, without regard to principles of conflict of laws, govern the Terms and all matters arising from or connected with the Terms.
17.2 By accessing or using the Site, you agree not to commence or prosecute any action in connection therewith other than in the courts of Luxembourg, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Luxembourg.
23-05-2008
(THE “TERMS”)
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE FACEDOG SITE (THE “SITE”) OPERATED BY FACEDOGS SARL AND ITS COPORATE AFFILIATES (COLLECTIVELY, “FACEDOG”, “WE” OR “US”) AS THEY APPLY TO THE ENTIRE CONTENT OF THE SITE AND AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. ACCESSING THE SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE.
1. INTRODUCTION
1.1 By accessing or using any part of the Site, you (the “User”) signify that you have read, understood and agreed these Terms, whether or not you are a registered member of the Site. By accessing or using any part of the Site, you confirm also that your local legislation is compatible with these Terms and that these Terms shall prevail on your legislation.
1.2 If you do not agree to abide by the Terms or any future Terms, do not continue to use or access the Site.
1.3 We reserve the right, at our sole discretion, to amend or revise the Terms at any time without further notice. In this case, we will post changes to these Terms on this page and will indicate at the top of this page the date the Terms were last revised. The amended Terms will be effective immediately and you will be bound by the amended Terms from that time.
1.4 It is your responsibility to regularly check this page to determine if there have been any changes to the Terms and to review such changes.
1.5 Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
2. REGISTRATION
2.1 You must have a registered user name and password to use the Site, except to access the home page of the Site.
2.2 In consideration of your use of the Site, you agree to (i) provide true, accurate, current and complete information about yourself as you may be prompted by any registration form on the Site (the “Registration Data”), (ii) maintain the security and the confidentiality of your password and identification, (iii) update promptly the Registration Data, and any other information you provide on the Site, to keep it true, accurate, current and complete, (iv) be fully responsible for all use of your account and for any actions that take place using your account, (v) immediately inform us of any unauthorized use of your password or account or any other breach of security and (vi) ensure that you exit from your account at the end of each session. Facedog does not accept liability for any loss or damage arising from the failure to comply with clause 2.2.
2.3 Your Registration Data includes but is not limited to your confirmation (i) that you are over the age of 18 or (ii) that you are the parent or guardian of a person under 18 and that you authorize the person under 18 to be user of the Site in accordance with the Terms. Facedog is concerned about the safety and privacy of all its users, particularly children under the age of 13. If you are a parent or guardian of a person under 18, it is your responsibility to determine whether any of the content on the Site is appropriate for this person.
3. PROPERTY RIGHTS - LICENCE
3.1 All content on the Site, including but not limited to data, articles, photographs, text, messages, notes, listings, graphics, pictures, images, designs, music, sound, video, information, profiles, applications, software and other content or items, and their selection and arrangement, are the property of Facedog, its users or its licensors with all rights reserved.
3.2 You are solely responsible for the data, articles, photographs, text, messages, notes, listings, graphics, pictures, images, designs, music, sound, video, information, profiles, applications, software and other content or items that you upload, publish or display ("post") on or through the Site, or transmit to or share with other users. You may not post, transmit, or share content on the Site that you did not create or that you do not have permission to post.
3.3 By posting content on the Site you confirm that you are the owner of the copyright and any similar right in any such content.
3.4 When you post content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site.
3.5 By posting content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Facedog an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing.
3.6 You may remove your content from the Site at any time. If you choose to remove your content, the license granted above will automatically expire, however you acknowledge that Facedog may retain archived copies of your content.
3.7 No Site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Facedog's prior written permission, except that the foregoing does not apply to your own content that you legally post on the Site.
3.8 Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
3.9 Except for your own content, you may not upload or republish Site content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site content is strictly prohibited. Such license is subject to the Terms and does not include use of any data mining, robots or similar data gathering or extraction methods.
3.10 Any use of the Site or the Site content other than as specifically authorized herein, without the prior written permission of Facedog, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause.
4. USER CONDUCT
4.1 You understand that except for eventual advertising programs offered by us on the Site, the Site is available for your personal, non-commercial use only.
4.2 You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.
4.3 In addition, you agree not to use the Site to:
(i) harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(ii) use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
(iii) use automated scripts to collect information from or otherwise interact with the Site;
(iv) upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that are of you, your family or your friends, are taken by you, your family, your friends or your pets, or are original art or animation created by you, your family, your friends or your pets;
(v) register for more than one user account, register for a user account on behalf of an individual other than yourself (except if you are the parent or guardian of a person under 18 acting on the person’s behalf), or register for a user account on behalf of any group or entity;
(vi) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(vii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
(viii) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
(ix) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
(x) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(xi) intimidate or harass another;
(xii) upload, post, transmit, share, store or otherwise make available 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;
(xiii) use or attempt to use another's account, service or system without authorization from Facedog, or create a false identity on the Site;
(xiv) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Facedog, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Facedog or its users to any harm or liability of any type.
4.4 Facedog is not responsible or liable in any manner for any content posted on the Site, whether posted or caused by users of the Site by third parties or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for users’ conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any content of the Site. Facedog is not responsible for the conduct, whether online or offline, of any user of the Site.
5. USER MATERIAL
5.1 Facedog will be free to copy, disclose, distribute, incorporate and otherwise use data, articles, photographs, text, messages, notes, listings, graphics, pictures, images, designs, music, sound, video, information, profiles, applications, software and other content or items embodied therein for any and all commercial and non-commercial purposes. If you do not wish Facedog to have the rights set out in this clause 5.1, please do not transmit or post any material or submit any contributions to the Site.
5.2 You acknowledge that you are solely responsible for the content of your submissions and you agree to submit only contributions that are your own original work, such contributions must be accurate (where they state facts) and genuinely held (where they state opinions).
5.3 You are prohibited from posting to the Site any content which
(i) is unlawful, harassing, threatening, defamatory, harmful, profane, indecent, pornographic, vulgar, obscene, abusive, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(ii) violates a patent, trade mark, copyright, trade secret or other intellectual property rights of others or for which you have not obtained all necessary licences and/or approvals;
(iii) constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in any country in the world;
(iv) constitutes any form of marketing or advertising;
(v) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
(vi) harm minors in any way.
5.4 You must not misuse the Site (including, without limitation, hacking).
5.5 Violation of this clause 5 may lead to legal action being taken against you by the authorities or an aggrieved third party.
5.6 Where you post content on the Site, you must do so in accordance with these Terms, in particular the present clause, and the following rules:
(i) you acknowledge that you are solely responsible for the content of your submissions and you agree to submit contributions that are civil and tasteful;
(ii) you agree to keep your number of contributions to a reasonable level to enable Facedog to publish contributions from as many different people as possible.
6. SERVICE ACCESS
6.1 Facedog assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Facedog is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site. Under no circumstances will Facedog be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the Site, any content posted on or through the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.
7. PRIVACY
7.1 Facedog cares about the privacy of its users.
7.2 By accessing and using the Site, you consent to the processing (including international transfer) of personal information about you as described in the Facedog Privacy Policy.
7.3 You should be careful before providing any personal information to any third parties in connection with this Site.
8. SUBMISSIONS
8.1 You acknowledge and agree that any questions, comments, suggestions, ideas feedback or other information about the Site provided by you to Facedog are non-confidential and shall become the sole property of Facedog.
8.2 Facedog shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or non-commercial, without acknowledgment or compensation to you.
9. TERMINATION
9.1 You understand and agree that Facedog may suspend or terminate your account or membership, prohibit you from accessing or using the Site, delete your profile or any content or information that you have posted on the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation (i) if it believes that you are under the age of 18 or that you are not the parent or guardian of a person under 18, (ii) if you provide any information that is untrue, inaccurate, not current or incomplete, (iii) if you infringe any intellectual property rights, (iv) if the content posted by you might be offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others, or (v) if it believes at its sole judgment that you violate the Terms.
9.2 You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Site or provide to Facedog.
10. USERS DISPUTE
10.1 You are solely responsible for your interactions with other Facedog users. We reserve the right but have no obligation to monitor disputes between you and other users.
11. HYPERLINKS
11.1 The Site contains (or you may be sent through the Site) hyperlinks to other websites as well as data, articles, photographs, text, messages, notes, listings, graphics, pictures, images, designs, music, sound, video, information, profiles, applications, software and other content or items belonging to or originating from third parties. Hyperlinks to third party websites or content on the Site are provided solely for your convenience. If you use these hyperlinks, you will leave the Site.
11.2 The editorial content of any other website to which you have gained access by means of any hyperlinks published on the Site remains the responsibility of the provider of that other website. You should review the applicable terms and policies, including privacy and data gathering practices, of any other website to which you navigate from the Site or relating to any applications you use or install from the Site.
11.3 If you decide to access any of other websites linked to the Site or to use or install any data, articles, photographs, text, messages, notes, listings, graphics, pictures, images, designs, music, sound, video, information, profiles, applications, software and other content or items belonging to or originating from third parties, you do so entirely at your own risk.
12. CONTENT OF THE SITE
12.1 Facedog reserves the right to change any and all content, software and other items used or contained in the Site at any time without notice.
12.2 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, or any affiliation therewith, by Facedog.
13. LIMITATION OF LIABILITY
13.1 The Site is provided “as is” for information purposes only and Facedog gives no warranties of any kind either express or implied in respect thereof. Specifically, but without information, Facedog does not warrant that (i) you will be able to use the Site or that it will continue to be made available in its current or any other form and (ii) this Site or any material of whatsoever nature available on or downloaded from it will be free from viruses or defects, compatible with your requirement or fit for any purposes.
13.2 It is your responsibility to maintain all appropriate firewalls and to take all appropriate anti-virus and other precautions which may be necessary for your use of the Site. Facedog shall not be liable to you, whether for negligence, breach of contract or otherwise, for any loss or damage of whatsoever nature suffered by you (including without limitation, direct loss or damage, indirect or consequential loss or damage, loss of goodwill, loss of business opportunity, loss of data or loss of profit), arising without limitation from (i) any computer virus or other bug transmitted through the Site, (ii) your use or inability to use the Site at any time and any failure by Facedog to provide the Site, (iii) your use of and/or reliance on other websites to which you have gained access by means of hyperlinks published on the Site, (iv) the content or accuracy of any material posted by you, or any other user of the Site or your reliance upon it, (v) any inaccurate information published on the Site or (vi) your failure to comply with any law or regulation that is applicable to you.
13.3 Nothing in the Terms shall operate to exclude or restrict our liability for either fraud, or death or personal injury resulting from our negligence.
13.4 IN NO EVENT WILL FACEDOG OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR ACCESS AND USE OF THE SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF FACEDOG IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FACEDOG's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FACEDOG DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE FACEDOG's LIABILITY TO YOU EXCEED USD 1’000.-. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO FACEDOG FOR THE ACCESS AND/OR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FACEDOG, REGARDLESS OF THE CAUSE OF ACTION.
13.5 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
14. INDEMNITY
14.1 You agree to indemnify and hold Facedog, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you post or share on or through the Site, your conduct in connection with the Site or with other users of the Site, or any violation of the Terms or of any law or the rights of any third party.
15. ENFORCEMENT AND VALIDITY
15.1 The failure of Facedog to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision in that or any other instance.
15.2 If any provision of the Terms is held invalid, the remainder of the Terms shall continue in full force and effect. If any provisions of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
16. ENTIRE AGREEMENT
16.1 The Terms constitute the entire agreement between you and Facedog regarding the use of the Site superseding any prior agreements between you and Facedog relating to your use of the Site.
17. GOVERNING LAW AND JURISDICTION
17.1 By accessing or using the Site, you agree that the laws of Luxembourg, without regard to principles of conflict of laws, govern the Terms and all matters arising from or connected with the Terms.
17.2 By accessing or using the Site, you agree not to commence or prosecute any action in connection therewith other than in the courts of Luxembourg, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Luxembourg.