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Terms and Conditions
Welcome to Dogly – a marketplace and advocate subscription community connecting dog lovers, great brands, rescue organizations, advocates, and dogs. We’re here to support founders, creators, rescuers, dog parents, and, most of all, dogs. We bring dog lovers together with the products, services, and knowledge you want so you can spend your time enjoying life with your dog.
Everything you do and buy on Dogly does good. A designated percentage of every product purchased on Dogly supports the rescue or shelter of your choice.
As they say, dog is in the details. Here are the details on using Dogly so we can all enjoy the respectful, positive spirit of Dogly:
Accepting these Terms
This contract sets out your rights and responsibilities when you use services provided by Dogly. By using any service on Dogly (even just browsing the site), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services and Site.
Using the Dogly Platform
Who can use it
You must be at least the age of majority in the state where you live to use the Site. Use of the Dogly Platform by anyone under 13 years of age is strictly prohibited!
You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
Acceptable Use Policy.
When using the Dogly Platform, you agree to abide by common standards of etiquette and act in accordance with the law.
You may close your account at any time by going to account settings and disabling your account. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Dogly policy. Upon termination of your use of the service, certain provisions will survive termination and you will be required to pay any outstanding bills. We will not be liable to you for the effect any changes to the Services may have on you, including income or your ability to generate revenue through the Services.
We welcome your feedback and suggestions about how to improve the Dogly Platform. Feel free to submit feedback by emailing us at firstname.lastname@example.org. By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise share the feedback, in whole or part, without any restriction or compensation to you.
Definition of Your Content. Certain parts of the Dogly platform enable you to post material, including without limitation to photos, profile pictures, products. You may also post reviews of third-party service providers, third-party products, or third-party services (“Reviews”). All material that you display on the Dogly platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Dogly platform, Your Content may be viewed by the general public and will not be treated as private or confidential.
License and Permission to Use Your Content.
You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of photos, and subject to Dogly product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for Dogly Business Purposes. “Dogly Business Purposes” means any use in connection with a Dogly-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Dogly Platform, the services or the information it contains, or Dogly. Dogly Business Purpose specifically includes the use of Your Content on the Dogly Platform in connection with features and functions offered by Dogly to our users that enable them to view and interact with Your Content.
If content that you own or have rights to has been posted to Dogly without your permission and you want it removed, please email us at email@example.com. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
Your Responsibilities for Your Content.
By posting Your Content on the Dogly Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that your content does not violate Dogly’s Acceptable Use Policy, Prohibited Products Policy, or Copyright and Trademark Policy or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.
You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses Dogly in a manner that is fraudulent or deceptive.
We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy or Prohibited Products Policy, or Copyright and Trademark Policy). We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content.
Our Content and Materials.
Definition of Our Content and Materials.
All intellectual property in or related to the Dogly Platform (specifically including, but not limited to our software, the Dogly marks, the Dogly logo, and Dogly buttons, badges, and widgets, but excluding Your Content), is the property of Wide World Dog LLC, its subsidiaries and affiliates or its licensors (“Our Content and Materials”). The content, information and services made available on the Dogly Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Dogly Platform.
Advocate community content.
The content of the advocate community is based on the research, expertise, and views of each respective author. Information here is not intended to replace your one-on-one relationship with your veterinarian, but as a sharing of information and knowledge to help arm dog parents to make more informed choices. Content shared by each respective advocate and author is the sole responsibility of each author and represents their research, expertise, and views.
Our License to You.
You agree that you will not violate any laws in connection with your use of Dogly. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates and laws; and don’t commit fraud, theft, or any other crimes against Dogly, another Dogly user or a third party.
You are responsible for paying any fees that you owe Dogly. You are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
You agree to not interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
No Endorsement or Verification.
Please note that the Dogly Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the Dogly Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Dogly Platform by anyone.
These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between any brand, ambassadog, shelter, artist, user and Dogly.
Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. Dogly’s permission to you for your use of the Dogly Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Dogly Platform. You may view and print a reasonable number of copies of web pages located on the Dogly Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Dogly.
Changes to the Terms.
We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
You will indemnify and hold harmless Dogly, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys' fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your use (or anyone using your account/s) use of the Service, the Site or the Materials, (b) your Content, (c) any Commercial Products you offer on or through the Site or using our Services, or (d) your use of the Domain Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
Disclaimer of Warranties and Limitation of Liability
Items You Purchase
You understand that Dogly does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced and sold directly by independent sellers, so Dogly cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Dogly from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Content You Access
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Dogly is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
The information contained in this website is provided for informational purposes only and is not meant to substitute for the advice provided by your veterinarian or other health care professional. You should not use the information available on or through the Dogly.com Website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, or sharing and posting on Dogly.com) for diagnosing or treating a health problem or disease, or prescribing any medication.
Advocate Community Content
The content of this website and community is based on the research, expertise, and views of each respective author. Information here is not intended to replace your one-on-one relationship with your veterinarian, but as a sharing of information and knowledge. We encourage you to make health care decisions based on your research and in partnership with your vet. In cases of distress, medical issues, or emergency, always consult your veterinarian.
People You Interact With
You can use the Services to interact with other individuals online. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.
Dogly is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither Dogly, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Dogly’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Dogly in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
Disputes with Other Users
If you find yourself in a dispute with another Dogly user or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Dogly will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Dogly has no obligation to resolve any disputes.
You release Dogly from any claims, demands and damages arising out of disputes with other users or parties.
Disputes with Dogly
The Terms are governed by the laws of the State of Connecticut, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
- Arbitration *
You and Dogly agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Dogly are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
We’re based in Connecticut, so any legal action against Dogly related to our Services must be filed and take place in Connecticut. That means the seat of any arbitration shall be Connecticut. For any actions not subject to arbitration, you and Dogly agree to submit to the personal jurisdiction of a state court located in Fairfield County, Connecticut.
If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Connecticut.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Dogly regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
If you have any questions about the Terms, please email us at: firstname.lastname@example.org
© ™ Wide World Dog, LLC. 2017. All Rights Reserved.