User Agreement

Published: May 1, 2007
 

Overview

By using the our Web site, you hereby agree to be bound by all of the terms and conditions contained in this User Agreement ("Agreement"). The German Shepherd by Design reserves the right at its discretion to change the terms of this Agreement and will provide notice of any such changes by online posting. Your continued use of the Web site after the posting of any notice of change in terms shall constitute your agreement to be bound by any such changes.

Outside Pages

We will occasionally provide links to Web pages which exist outside of our control. These links are intended to enhance our readers' understanding of certain stories and/or issues. We have no control over either the content or the availability of these sites and therefore assume no liability arising out of their use or attempted use.

Limitations on Use

Copyright and Restrictions. All information displayed, transmitted or carried on our Web site, including but not limited to directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like (collectively, the "Content") is protected by copyright and other intellectual property laws. The Content is owned by The German Shepherd by Design, its affiliates or third party licensors. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content. You agree to abide by all copyright notices and restrictions attached to any Content accessed through our Web site, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the Content.

Permitted Use

You may make a single copy of the Content displayed on our Web site for personal, noncommercial use only, provided that you do not remove any trademark, copyright and any other notice contained in such Content. You shall not archive or retain any Content in any form without written permission from The German Shepherd by Design. You may not distribute (including via e-mail or the Internet), or otherwise make available, copies to others, whether or not for payment or other consideration, without written permission from The German Shepherd by Design. You may submit requests for permission to retain, distribute or reproduce to The German Shepherd by Design by phone at 603/746.6847.

Changes in Service

The German Shepherd by Design may modify, suspend, discontinue or restrict the use of any portion of its Web site, including the availability of any Content feature, at any time and without notice or liability.

Member Submissions and Community Sites

You agree not to use our Web site, or permit your account to be used, to send or submit for public posting, distribute or otherwise publish through the Web site, any content (textual, graphical or otherwise) which (A) is libelous, invasive of privacy, abusive, obscene, profane, defamatory, inaccurate, sexually explicit, inappropriate for general distribution, threatening or otherwise illegal, (B) promotes, suggests or encourages illegal acts, (C) contains any solicitation of funds or unsolicited "junk" mail, (D) violates any copyright, trademark or other intellectual property laws, including but not limited to the re-posting of any material from other sources, (E) contains any advertisement of goods or services, except in areas specifically designated for such purpose, or (F) violates any other laws of any jurisdiction in which our Web site is accessed.

Any violation of the foregoing prohibitions may result in the termination of your account and may be referred to law enforcement authorities. The German Shepherd by Design is not responsible for any content submitted by you, through your user account or by other users, and is not responsible for screening, editing or monitoring such material. Nevertheless, The German Shepherd by Design reserves the right (but is not obligated) to delete messages or remove users that it, in its sole discretion, deems to be in violation of the terms of this Agreement or otherwise unacceptable. You assume full responsibility for the content of all messages posted by you or through your account.

You agree to indemnify, defend and hold The German Shepherd by Design and all of its officers, directors, shareholders, employees, agents, licensors, contractors and affiliates harmless from any claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees) arising from any submissions by you or through your account.

General Disclaimer and Limitation of Liability

Our Web site contains facts, views, opinions, statements and recommendations of third-party individuals and organizations. The German Shepherd by Design does not represent or endorse the accuracy, timeliness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the this Web site. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.

The German Shepherd by Design makes no warranty regarding our Web site or any content, services or products provided through or in connection with the Web site. The German Shepherd by Design EXPRESSLY DISCLAIMS ANY AND ALL WARRANTEES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTEES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE WEB SITE; AND (B) WARRANTEES OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR AGAINST INFRINGEMENT. In no event will The German Shepherd by Design, its owners, employees, agents, licensors, contractors and affiliates be liable to you for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by the Web site, its public posting bulletin boards, its content or any errors or omissions in its content, even if advised of the possibility of such damages.

Any liability of The German Shepherd by Design, its owners, directors, shareholders, employees, agents, licensors, contractors and affiliates including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid to The German Shepherd by Design by or on behalf of you in connection with the Web site in the 12 months prior to the claimed injury or damage.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of laws provisions. Any action with respect to this Agreement and your rights and obligations thereunder must be brought in the State of New Hampshire within one year after the cause of action accrued, otherwise the case shall be barred.