AGREEMENT
BETWEEN YOU AND PomPedigrees.Com
.
PomPedigrees.Com
is a service operated by Denise Leo,
Dochlaggie Pomeranains, Australia that makes it easy to share
pedigree data.
The Pomeranian logo is an original drawing
drawn by myself and as such I own the copyright to this. If
i find this logo being used in any form in any way without
my written permission, I will persue this matter to the full
extent of the law.
These Terms of Use constitute a legal
agreement between you and Denise Leo. You must accept without
modification all of the terms, conditions, and notices contained
in these Terms of Use in order to access and use the PomPedigrees.Com
Services. If you do
not accept these Terms of Use in their entirety, you may not
access or use the PomPedigrees.Com
Services.
Portions of the PomPedigrees.Com
Services may
be governed by posted guidelines, rules, or other terms and
conditions. All such guidelines, rules, and terms and conditions
are hereby incorporated by reference into these Terms of Use.
In the event of a conflict between such other guidelines,
rules, and terms and conditions and these Terms of Use, the
Terms of Use shall control. However, the PomPedigrees.Com
Privacy Statement,
discussed in the section below, supersedes any conflicting
language in these Terms of Use and/or any other guidelines,
rules, and terms and conditions published on the PomPedigrees.Com
Services with respect
to the subject matter covered by the PomPedigrees.Com
Privacy Statement.
MODIFICATION OF THESE TERMS
OF USE
Denise Leo
may wish to update or change the terms, conditions, and notices
for the PomPedigrees.Com
Services from time
to time to reflect changes in the Services, changes in the
laws affecting the Services, or for other good reasons. You
understand that Denise Leo reserves the right to make these
changes and that you are responsible for regularly reviewing
these terms, conditions, and notices. Continued access to
or use of the PomPedigrees.Com
Services after any
such change shall constitute your consent to such change.
Unless explicitly stated otherwise, any new features that
change or improve the PomPedigrees.Com
Services shall be subject
to the Terms of Use, as modified from time to time.
PERSONAL AND NON-COMMERCIAL
USE LIMITATION
You may only use the PomPedigrees.Com
Services for your own
personal and non-commercial purposes.
You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information,
software, products or services that are part of the PomPedigrees.Com
Services except as
expressly provided in these Terms of Use.
PRIVACY AND PERSONAL INFORMATION
You may be required to have aPomPedigrees.Com
account to use some
PomPedigrees.Com
Services. To set up
an account, you must provide information about yourself and
update this information as necessary in order to keep it current.
You are responsible for maintaining
the confidentiality of your password and account information.
Furthermore, you are responsible for all activities that occur
in your account and you agree to notify Denise Leo immediately
of any unauthorized use of your account. Denise Leo is not
responsible for any loss that you may incur as a result of
any unauthorized person using your account or your password.
LINKS TO THIRD-PARTY SITES
The Web pages that are part of the
PomPedigrees.Com
Services may contain
links to other Web sites ("Linked Sites"). The Linked
Sites are not under the control of Denise Leo and Denise Leo
is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. Denise Leo is providing
these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Denise Leo of the
site or any association with its operators. You are responsible
for viewing and abiding by the privacy statements and terms
of use posted at the Linked Sites.
You are solely responsible for any
dealings with third parties (including advertisers) who support
the PomPedigrees.Com
Services or are identified
in the Web pages that are part of the PomPedigrees.Com
Services, including
the delivery of and payment for goods and services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
PomPedigrees.Com
Services, you agree
that you will not use the PomPedigrees.Com
Services for any purpose
that is unlawful or contrary to these Terms of Use. You also
may not use the PomPedigrees.Com
Services in any manner
that could damage, disable, overburden, or impair the PomPedigrees.Com
Services or interfere
with any other party's use and enjoyment of them. You may
not attempt to gain unauthorized access to any PomPedigrees.Com
account, computer systems
or networks associated with the PomPedigrees.Com
Services. You may not
obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for
through the PomPedigrees.Com
Services.
TERMS OF USE
FOR PomPedigrees.Com PARTICIPATING SITES AND SERVICES
These Terms of Use apply to you
whenever you access or use any PomPedigrees.Com
Services. When you
use the PomPedigrees.Com
Services to gain access
to any PomPedigrees.Com
participating site
or service, the terms and conditions associated with that
site or service may also apply to you. Please refer to the
applicable terms of use associated with each participating
site or service that you visit.
DATA YOU SUBMIT
You warrant that you own copyright in any data
submitted to us, or that it is information which is in the
public domain, and that it does not infringe any existing
copyright or any other rights of any third party and that
you have full authority to enter into this Agreement and grant
the rights granted to Denise Leo without resulting in a breach
of any obligation you may have.
You retain copyright to data you have submitted
to Denise Leo. If you submit data then you grant to Denise
Leo a non-exclusive, worldwide, irrevocable, royalty-free
license to use or modify the data for any purpose including
publishing on-line.
Denise Leo may modify
the data or combine it with other data. In such an event you
agree that Denise Leo owns copyright to the resulting data.
DATA AVAILABLE ON THE POMERANIAN
PEDIGREES SERVICES
All data that is made available
to view and/or download from the Web pages that are part of
the PomPedigrees.Com
Services ("Data")
is owned by and is the copyrighted work of Denise Leo and/or
its suppliers. Except for personal use of the data, any reproduction
or redistribution of the Data is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE DATA TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED . All
Data is supplied "as is" without any warranty as
to its accuracy or completeness and any use of this Data is
entirely at the users own risk.
LIABILITY DISCLAIMER
PomPedigrees.Com
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES,
AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE
PomPedigrees.Com SERVICES
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. Denise Leo AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES,
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Denise Leo AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE PomPedigrees.Com
SERVICES, WITH THE DELAY
OR INABILITY TO USE THE PomPedigrees.Com
SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE PomPedigrees.Com
SERVICES, OR OTHERWISE
ARISING OUT OF THE USE OF THE PomPedigrees.Com
SERVICES, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE,
EVEN IF Denise Leo OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE PomPedigrees.Com
SERVICES, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THEPomPedigrees.Com
SERVICES.
CUSTOMER SUPPORT
Denise Leo
provides information about how to use the PomPedigrees.Com
Services on the Web pages that are part of the Services.
If you have any questions about the PomPedigrees.Com
Services or any problems
that you would like to report, please email us by using the
contact page.
TERMINATION AND RESTRICTION
OF ACCESS
Denise Leo
reserves the right, in its sole discretion, to terminate your
access to the PomPedigrees.Com Services
or any portion thereof at any time, without notice.
Denise Leo
may also terminate or suspend your access to the PomPedigrees.Com
Services for inactivity,
which is defined as failing to sign in to the Services for
an extended period of time, as determined by Denise Leo. Upon
termination of your PomPedigrees.Com
account, your right
to use the PomPedigrees.Com
Services immediately
ceases.
GENERAL
These Terms of Use are governed by
the laws of the State of Victoria, Australia. You hereby irrevocably
consent to the exclusive jurisdiction and venue of courts
in Victoria. in all disputes arising out of or relating to
the use of the PomPedigrees.Com
Services. You agree
that no joint venture, partnership, employment, or agency
relationship exists between you and Denise Leo as a result
of these Terms of Use or use of the PomPedigrees.Com
Services.
Denise Leo
may assign these Terms of Use, in whole or in part, at any
time. Denise Leo's performance of this agreement is subject
to existing laws and legal process, and nothing contained
in these Terms of Use is in derogation of Denise Leo's right
to comply with governmental, court, and law enforcement requests
or requirements relating to your use of the PomPedigrees.Com
Services or information
provided to or gathered by Denise Leo with respect to such
use. You agree to indemnify and hold Denise Leo, its parents,
subsidiaries, affiliates, officers, and employees, harmless
from any claim, demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising out of
your use of or conduct on the PomPedigrees.Com
Services. If any part
of these Terms of Use are determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the
remainder of these Terms of Use shall continue in effect.
These Terms of Use, including the documents expressly incorporated
by reference above, constitute the entire agreement between
you and Denise Leo with respect to the PomPedigrees.Com
Services and such agreements
supersede all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between you
and Denise Leo with respect to the PomPedigrees.Com
Services. A printed
version of these Terms of Use and of any notices given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business
documents and records originally generated and maintained
in printed form.
INTELLECTUAL PROPERTY NOTICES
All contents of the PomPedigrees.Com
Web Site are: Copyright © 1997-2008 by the PomPedigrees.Com
and/or its suppliers.
The names of actual companies and
products mentioned herein may be the trademarks of their respective
owners.
The example companies, organizations,
products, people, and events depicted herein are fictitious.
No association with any real company, organization, product,
person, or event is intended or should be inferred.
PomPedigrees.Com
Owner may have patents, patent
applications, trademarks, copyrights, or other intellectual
property rights covering subject matter in the PomPedigrees.Com
Services, including
the Web pages that are part of the PomPedigrees.Com
Services. Except as
expressly provided in these Terms of Use, the provision of
thePomPedigrees.Com
Services and the furnishing
of such Web pages to you does not give you any license to
these patents, trademarks, copyrights, or other intellectual
property. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright
infringement should be emailed to us by using the contact
page..
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