DogHeirs Terms of Services
Last Updated: March 3, 2014
DogHeirs is a division of DiscoverMe Technologies, Inc. By using or accessing DogHeirs, via its website at www.dogheirs.com you agree to these Terms of Services.
Medical Information. information on DogHeirs is not designed to diagnose, prevent, or treat any condition or disease. DogHeirs services are intended for educational, informational, and research purposes only.
Sharing Your Content and Information. You own all of the content and information you post on DogHeirs, but give DogHeirs certain rights as set out herein. You do not have to submit anything to us, but if you choose to submit something (including any User generated content, photos, ideas, concepts, techniques and data), you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to DiscoverMe Technologies, Inc. to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any such content or information (the “Shared Content”) to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform DogHeirs in the event that the basis for any such representation and warranty has changed since your registration with DogHeirs or since your submission of any Shared Content, and, if appropriate, you agree to make such modifications yourself to your profile. Additionally, you grant to Dogheirs an irrevocable right to sue others for unauthorized copying of the Shared Content, including the right to seek and obtain injunctions, damages and legal costs for infringement by third parties by any copying of the Shared Content that is unauthorized by you or by DogHeirs, whether such unauthorized copying occurs by such third party copying direct from the DogHeirs website or otherwise. DogHeirs has no obligation to so sue in any particular instance, but in the event it does sue regarding unauthorized copying of the Shared Content, you shall cooperate in such legal proceedings, including supplying relevant information and executing such other documents as may be reasonably required to show your ownership of and copyright in the Shared Content and the assignment of such rights to DogHeirs as will give effect to this provision in a court of competent jurisdiction. In the event that Dogheirs prevails in such suit and damages are collected, whether by award or settlement, DogHeirs shall forward to you with the net proceeds thereof after reimbursement to DogHeirs for all its expenses in pursuing such remedies for third party infringement of copyright in the Shared Content.
You acknowledge that DogHeirs shall have the right (but not the obligation) in our sole discretion to refuse or move any Content that is available via our service. DogHeirs at its sole discretion reserves the right, to screen and remove any content it deems inappropriate. If there is content that you deem inappropriate, contact us with details of your concern.
- Impersonation: You may not impersonate others through the DogHeirs service in a manner that does or is intended to mislead, confuse, or deceive others.
- Trademark: We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.
- Privacy: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
- Violence and Threats: You may not publish or post content that is libelous, slanderous, hateful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, racially, ethnically or otherwise objectionable, pornographic, or that contains nudity or graphic or gratuitous violence. You may not bully, intimidate, or harass any user.
- Harassment: You may not "stalk" or otherwise harass or bully another user.
- Language: You may not publish or post content containing profanity, nonsense, vulgarity, hateful language, personal attacks, off-topic materials.
- Copyright: We will respond to clear and complete notices of alleged copyright infringement.
- Unlawful Use: You may not use our service for any unlawful purposes or for promotion of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
- Pornography: You may not use obscene or pornographic images or language.
- Harmful software: You may not upload, post, email, transmit 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.
- Data: You may not collect or store personal data about other users.
- Unsolicited promotion or spam: You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," any other form of solicitation. You may not post an article or comment with subject matter and or/ web link(s) for the purposes of promotion or sponsorship to an outside organization or business without express permission from DogHeirs. We shall have the right (but not the obligation) in our sole discretion to refuse or move any Content that we deem "sponsored content" at our discretion.
External sites and content. DogHeirs is not responsible for content on any other websites linked to from this site - the inclusion of any such links does not necessarily imply a recommendation or endorse the views, products, services or solicitations expressed within them. We have no control over the nature, content and availability of third-party websites and you view them strictly at your own risk. DogHeirs will not be held liable for the content on any websites not directly under its control or for any consequences arising out of, or in connection with, accessing such websites.
Registration and Account Security. DogHeirs users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on DogHeirs, or create an account for anyone other than yourself without permission.
- You will not use DogHeirs if you are under 13, and must be over 18 years old to make any purchases.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- Protecting Other People's Rights. We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on DogHeirs that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on DogHeirs if we believe that it violates the DogHeirs Terms of Services.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including DogHeirs, the DogHeirs Logos), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on DogHeirs.
Spam and Abuse. DogHeirs strives to protect its users from spam and abuse. Technical abuse and user abuse is not tolerated on DogHeirs.com, and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.
- Serial Accounts: You may not create serial accounts for disruptive or abusive purposes. Mass account creation will result in suspension of all accounts.
- Name Squatting: You may not engage in name squatting. Accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be name squatting are:
- the number of accounts created
- creating accounts for the purpose of preventing others from using those account names
- creating accounts for the purpose of selling those accounts
- using feeds of third-party content to update and maintain accounts under the names of those third parties
- Invitation spam: You may not use DogHeirs.com's address book contact import to send repeat, mass invitations
- Selling user names: Unless you have been specifically permitted to do so in a separate agreement with DogHeirs, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, where "Services" is defined as follows: Your use of DogHeirs’s products, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by DogHeirs under a separate written agreement) is subject to the terms of a legal agreement between you and DogHeirs.
- Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
- Spam: You may not use the DogHeirs service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
- If your updates, comments, posts or other communications consist mainly of links, and not personal updates, or if a link to the same website is used repetitively (for example more than two links on one page);
- The number of spam complaints that have been filed against you;
- If you post duplicate content over multiple accounts or multiple duplicate content on one account, including links in comments, posts, questions or other tools;
- If you repost other user’s content without attribution.
- Your account may be suspended for Terms of Service violations if any of the above is true; accounts created to replace suspended accounts will be permanently suspended.
Accounts engaging in any of these behaviors may be investigated for abuse. Accounts under investigation may be removed from Search for quality. DogHeirs reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.
Furthermore, you acknowledge, consent and agree that DogHeirs may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of DogHeirs, its users and the public.
Terms and Conditions of Sale. In addition to all of the Terms of Service for DogHeirs, the following terms shall apply to your purchase of any goods or services from the DogHeirs Store. When you make purchases of goods/services on DogHeirs you agree to purchase, goods/services of the description and quantity described on the checkout window. You also agree to pay the purchase price of the goods/services as set forth in the order confirmation generated when you complete the checkout process.
Completion of Purchase. You must set up a membership account with DogHeirs in order to complete delivery of purchase goods from DogHeirs. DogHeirs reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders, in its sole discretion.
Acceptance. Your receipt of an order confirmation does not constitute our acceptance of your order or constitute a confirmation of our offer to sell. We reserve the right to accept or decline the order for any reason.
Pricing. All prices listed on the DogHeirs Store, product listings, and throughout the Site are listed in Canadian Dollars.
Payment Methods. Payments shall be made by credit card, Paypal or other permitted payment method. Payment information transmitted to us is submitted via a secure connection maintained by PayPal, Inc., which encrypts all submitted information.
Conditions of Sale. Products must be purchased by adults who can purchase with a credit card or other permitted payment method. If you are less than 18 years of age, you may use the Site only with the involvement of your parent or guardian, and must be over 13 years old to register.
Import duties and Taxes. Goods ordered for delivery outside of Canada may be subject to import duties and taxes, which may be levied when the package arrives at the destination that you specify. Any charges for customs clearance will be borne by you. You are responsible for contacting the customs office in the destination country for rules as they apply in your country and additional information.
Delivery. Unless otherwise agreed in writing, delivery shall be made in accordance with our shipping & handling policy and shall be packaged and delivered according to our standards and practices. Delivery dates outlined are estimates only. We will make reasonable efforts to deliver in accordance with such dates; however, we will not be liable for failure to deliver as estimated. Goods are sent by regular mail service through Canada Post.
Return Policy. Your satisfaction with the manufacturing of goods you purchase from the DogHeirs Store, is important to us. If goods you purchase from DogHeirs arrive damaged or with a manufacturers defect, we will be happy to provide you with a replacement. Contact us within 15 days of receipt in order to arrange a replacement. Please note that we cannot provide refunds or cancel orders and that, except for the situations expressly described in this return policy, we cannot otherwise accept returns.
Disclaimer of Warranties & Limitation of Liability. DogHeirs attempt to be as accurate as possible. However, DogHeirs does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. We do not make any warranty regarding the quality of the goods or that the goods will be fit for any particular purpose for which you may be buying them and we disclaim all other warranties and conditions, express or implied.
Disclaimer of Warranties. You expressly understand and agree that to the extent permitted by applicable law: (a) the service, the sites, the software, the downloaded content and any promotional item(s) are provided on an "as is" and "as available" basis and that company, its affiliates, suppliers, licensors and agents make no warranties, representations or conditions (AS USED IN THIS SECTION "warranties") of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement, satisfactory quality, design, performance, operation, reliability, stability and that any such warranties are hereby expressly disclaimed; and (b) company, its affiliates, suppliers, licensors and agents specifically make no warranties that the service, the sites, the software, the downloaded content, any promotional item, information, products or services obtained from or through the use of the service or any of the sites, will be provided in an uninterrupted, timely, secure or error-free basis or that such service, the sites, the software, the downloaded content, the products, any promotional item or the results derived therefrom will meet your requirements, needs, standards, expectations or desired specifications. You bear the entire risk as to the use, availability, accuracy, quality, performance, reliability and timeliness of the service, the sites, the software, the products, and the downloaded content.
Limitation of Liability. Other than the remedy set out below in this section, you expressly understand and agree that in no event shall company, including its affiliates, directors, officers, employees, licensors, suppliers and agents be liable to you or any third party for any damages whatsoever, including any direct, indirect, incidental, punitive, consequential, special or exemplary damages, any damages caused by mistakes, omissions, termination, suspension, loss of data, damage to computer systems and equipment or other property, errors, defects, viruses, system down times, service interruptions, reliance on, use of or inability to use, any failure of performance with respect to the service, the sites, the software, products you purchased from us, the downloaded content or any promotional item, and any damages for loss of profits, savings, goods, goodwill or other intangible losses resulting directly or indirectly out of this agreement, the service, the sites, the software, the products, the downloaded content or any promotional item, regardless of whether company has been advised of or could have foreseen the possibility of such damages. If, notwithstanding the other provisions of this agreement, company is found liable to you for any damage or loss which results directly or indirectly out of this agreement, the service, the sites, the software, the downloaded content or the promotional items, company’s liability will be limited to direct damage which in no event will exceed the net purchase price of the good actually delivered to and paid for by you.
THIS SITE IS PROVIDED BY DOGHEIRS ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOGHEIRS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DOGHEIRS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOGHEIRS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DOGHEIRS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Indemnity. You agree to defend, indemnify and hold harmless DOGHEIRS and each of its affiliates, directors, officers, employees, licensors, suppliers and agents from any and all actions, liabilities, claims, proceeding, damages, settlement, penalties, costs and expenses (including without limitation reasonable legal fees and other litigation expenses), incurred by DOGHEIRS or its affiliates, directors, officers, employees, licensors, suppliers and agents related to or in connection with: (a) the breach of any provision of this Agreement; (b) the use or inability to use the Service, the Sites, the Products, the Software or the Downloaded Content; (c) your, or any user of your account's violation or misappropriation of any intellectual property right or non-proprietary right of any third party; (d) use of the Service or any of the Sites; (e) placement, posting or transmission of any message, information, software or other content on or through the Service; or (f) the exercise of the license to User Content provided by you herein.
Applicable Law. By visiting DogHeirs, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DogHeirs.
Disputes. Any dispute relating in any way to your visit to DogHeirs.com or to products you purchase from DogHeirs shall be submitted to confidential arbitration in the Province of British Columbia, Canada, except that, to the extent you have in any manner violated or threatened to violate DogHeirs intellectual property rights, DogHeirs may seek injunctive or other appropriate relief in any Provincial or federal court in the Province of British Columbia, and you consent to exclusive jurisdiction and venue in such courts.
Site Policies, Modification, and Severability. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Contact Information. If you have any questions regarding DogHeirs or the Agreement, you may contact us by email to email@example.com.