Terms of Service

Last updated: March 13, 2016

Depending on your membership level you are free to contribute content such as articles, blogs, comments, reviews, forum posts, comments, and more, under the following conditions:

  • Responsibility – You take responsibility for your contributions (since we only host your content).
  • Civility – You act in accordance with these Dog Positive Terms of Service
  • Lawful Behavior – You do not violate copyright or other laws.
  • No Harm – You do not harm our website infrastructure.
  • Terms of Service and Policies – You adhere to the below Terms of Service and to the applicable community policies when you visit our Websites or participate in our communities.

Our Terms of Service

Welcome to Dog Positive! Dog Positive ("Dog Positive", "we" or "us") is a company who welcomes you (the “user”, “you”) as a contributor of content and sharing positive experiences. Before you create an account on this Website, however, we ask that you please read and agree to the following Terms of Service (“Terms of Service”). 

Overview

The following terms and conditions (including any documents referred to in them) (collectively, the "Terms of Service"), apply to your use of the Dog Positive website and all Dog Positive subsites (collectively, the "Website"), as well as any content, functionality and services offered to you, whether as a guest or a registered user, on or through the Website. 

Please read the Terms of Service carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, which can be found at http://dogpositive.com/privacy.

We may revise and update these Terms of Service from time to time in our sole discretion. Your continued use of the Website (publishing content) following the posting of revised Terms of Service means that you accept and agree to the changes.


A. Accounts

There are many activities on the Website that do not require an account. However, an account may be required for certain types of activities. Following is important information about your account.

1. To access some of the resources this website offers, you will need to create an account and provide your email address, a username, and a password.

2. User accounts are intended for personal use by an individual.

3. We welcome community members of any age, however if you are under 13 years old, we ask you to use the Website with your parents, or with their consent.

4. You are responsible for maintaining the security of your account and password and all activities that occur under the account. You should never disclose your password to any third party. 

6. Please notify us immediately of any unauthorized use of your user account or any other breach of security by sending an email to info@dogpositive.com

7. We have the right to block any user account at any time in our sole discretion if you have failed to comply with any provision of these Terms of Service.

B. User Submissions

1. Based upon membership level, the Website may permit the submission of communications by users, including the submission of articles, reviews, images, forum discussions, comments, and via emails (User Submissions) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any submissions to the Website.

2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. You retain all of your ownership rights in your User Submissions, however, by submitting the User Submissions to the Site, you hereby: (i) grant Dog Positive a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, display, perform sell, edit, and insert, serve or display advertisements in or in close proximity to the User Submissions in connection with the Website and Dog Positive’s (and any successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media format or medium and through any media channels (now known or hereafter developed) and (ii) grant each user of the Website a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, publish, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. For the avoidance of doubt, you are not entitled to any compensation for any User Submissions for any reason, unless expressly agreed to by the parties.

3. In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Dog Positive all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Positive or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person or entity, whether actual or fictitious. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on our Site, and we will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. We reserve the right, in our sole discretion, to remove Content and User Submissions without prior notice. We will also terminate a user’s access to our Site, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. We also reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to defamatory material or excessive length. We may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

4. If you are a copyright owner or an agent thereof and believe that any submission on the Site’s blog or any other content on the Website infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (DMCA) by providing our designated copyright agent with the following information in writing:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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 owner, its agent, or the law; and
(vi) 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.

Our designated copyright agent to receive notifications of claimed infringement is: info@imnotamonster.org. Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to info@imnotamonster.org. You acknowledge that if you fail to comply with all of the requirements of this Section 2.D., your DMCA notice may not be valid.

5. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.

C. Activities

Dog Positive encourages a vibrant community of users like you who participate on our Website and contribute content. We happily welcome your participation in this community. We ask you to be civil and polite in your interactions with others in the community, to act in good faith, and to make contributions that follow our values and mission.

Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, in order to ensure that Dog Positive is a safe place for all users, you may not engage in such activities on our Websites. 

You agree that:

  • You are responsible for what you publish.
  • While publishing content on the Website you will respect these Terms of Service
  • The content you publish will not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • The content you publish will not support Breed Specific Legislation (BSL) or discriminate against different breeds of dogs.
  • The content you publish will not show, discuss, or encourage animal abuse, animal testing, animal torture.
  • The content you publish will be positive in nature and will encourage and reward positive behavior instead of harrasing someone for bad behavior
  • The content you publish will not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • The content you publish will not knowingly infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person, company or organization.
  • The content you publish will not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
  • You will not use the Website to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "spam", "junk mail", "chain letter" or any other similar solicitation.
  • You will not impersonate or attempt to impersonate Dog Positive or a Dog Positive employee, another user, or person or entity (including, without limitation, the use of email addresses or screen names associated with any of the foregoing);
  • The primary language of the Website is English. Other languages may be used in other areas of the Website, including Groups and Forums, for example.

Additionally, you agree not to:

  • Use the Website in any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
  • Use any device, software or routine that interferes with the proper working of the Website;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or
  • Otherwise attempt to interfere with the proper working of the Website.

D. Monitoring and Enforcement

From time to time the need may arise to address an especially problematic user because of significant disturbance or dangerous behavior. In such cases, we reserve the right, but do not have the obligation to: 

1. Exercise our enforcement discretion with respect to the above terms. Accounts not following the guidelines listed above will be blocked. Content which does not follow the guidelines listed above will be removed.

2. Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of the Website, cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone posting any materials on or through the Website.

3. You waive and hold harmless Dog Positive from any claims resulting from any action taken by the Dog Positive during or as a result of investigations by either Dog Positive or law enforcement authorities.

E. Privacy

1. We ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information. Because our services are used by people all over the world, personal information that we collect may be stored and processed in the United States of America or any other country in which we or our agents maintain facilities. By using our services, you consent to any such transfer of information outside your country.

F. Cancellation

We certainly hope you will stay with the Dog Positive community for a long time, but you can stop using our services at any time. 

1. You can delete your account at any time. Upon deletion all private and personally identifying information from your user profile will be deleted.

2. Public content you created, such as issues, forum posts, projects, documentation page revisions, etc. won’t be deleted.

3. Once deleted, your account is gone and can not be restored.

G. General conditions

1. You may link to the Website, provided you do so in a way that is fair and legal and does not suggest any form of approval or endorsement on our part. 

2. Links from the Website to other Websites and resources provided by third parties are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Although the Website contains links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.

3. You understand that we cannot and do not guarantee or warrant that files available for download from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

4. We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Service.

5. Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

6. At Dog Positive, we do our best to provide quality content to a very wide audience, but your use of our services is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

7. Limitation on liability. In no event will Dog Positive, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

8. Idemnification. You agree to indemnify, defend and hold harmless the Released Parties from and against any suit, claim, liability, or proceeding in connection with: (i) any claim due to or arising out of your violation of these Terms of Use, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (ii) your use of and access to the Website; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submission(s) caused damage to a third party.

9.  Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

10. Choice of Law and Forum. The Terms of Use shall be governed and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to this Terms of Use or your access or use of this Website will be subject to the exclusive jurisdiction of the court located within the County of Santa Clara in the State of California, and you hereby submit to the personal jurisdiction of such courts.