- Intellectual Property Rights. All text, software (except for source code and object codes covered by the GPL), visual, oral or other digital material, photographs, information, data, graphics and all other content of any description available on the Web Site, or included in the Service (collectively, the “Content”), and all copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Content (collectively, the “Intellectual Property”) are owned by Mountain Dog Media or its licensors, and are protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States of America (“U.S.”). The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You may only use the Content, Service, or Intellectual Property, or access the Web Site, as expressly permitted in this Agreement and for no other purposes. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring upon you any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, laws or treaties. Furthermore, you may not use any of Mountain Dog Media’s trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to, or are associated with, you or are used with Mountain Dog Media’s consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. All present and future rights in, and title to, the Service (including database rights and the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Mountain Dog Media for its exclusive use.
- Grant of License. (a) As a User of this Web Site, you are granted a personal, nonexclusive, nontransferable, nonassignable, revocable, limited license to access and use the Web Site, Service and Content in the following manner: to participate in a discussion forum that allows the exchange of ideas with other Users; to use any services or Content provided on the Web Site (e.g., participating in polls, viewing videos); and to use the links provided to move to other web sites. Mountain Dog Media may terminate this license at any time for any reason. (b) You irrevocably grant Mountain Dog Media and its assigns a nonexclusive, royalty-free, world-wide and perpetual license to copy, display, disseminate, publish, translate, modify, reformat, or create derivative works from anything that you submit or post on the Web Site (“your information”) or to combine your information with other material. In other words, if you send me a threatening, abusive e-mail containing misspelled words, grammatical errors, or other derisive material – I’ll publish the damn thing so everybody can read it. Got it?
- Limitations on Use.
You may not use the Service or the Content for any illegal purpose or in any manner inconsistent with this Agreement. The Content on this Web Site is for Personal Use only and not for commercial exploitation. As used in this Agreement, “Personal Use” includes your use in a business, academic, professional, organizational, or individual setting. Unauthorized Use includes, but is not limited to, performing, or carrying out, any of the other prohibited acts set out in this subsection (a). You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content, nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Web Site or the Content without Mountain Dog Media’s prior written permission. You may not upload to the Web Site any data, material, code, virus, or any other digital information that is intended to, or has the effect of, rendering all or parts of the Web Site or the Content ineffective, unavailable, or unusable, or which uses, or attempts to use, the Web Site for any purpose not intended by the Mountain Dog Media. You may not use or otherwise export or re-export the Web Site or any portion thereof, or the Content or any software available on or through the Web Site, in violation of the export control laws and regulations of the United States of America or any other country in which you may be using the Web Site. You may not alter or remove any trademark, copyright or other notice from any copies of the Content. You may not sublicense, assign or transfer this license. Any Unauthorized Use of the Web Site, Service or Content is prohibited. Your violation of any of the foregoing provisions constitutes Unauthorized Use, and may result in civil or criminal liability. Requests regarding use of the Web Site, Service or Content for any purpose other than Personal Use, as defined above, should be directed to the contact form found at http://www.mountaindogmedia.com/contact/.
- You may copy, modify, reproduce, download, republish, distribute, display, or transmit all or any portion of the Web Site or the Content, provided that (a) it does not constitute an Unauthorized Use and (b) you provide attribution to Mountain Dog Media as the source of the Content through a citation in all cases, and additionally with a link back to the appropriate page of the Web Site where possible. The site makes extensive use of RSS feeds – and you may use them under the same conditions.
- If an Unauthorized Use does occur, you will defend, indemnify, and hold Mountain Dog Media harmless from and against any and all claims, liabilities, costs or expenses arising out of an Unauthorized Use of the Web Site or Content.
- User Conduct. You are solely responsible for your information and warrant that you have all legal rights and licenses necessary for you to comply with Section 5. In connection with the Services and Content, you will not: (a) act in an unwanted or offensive manner toward another User; (b) use the Service for commercial or advertising purposes; (c) harm or exploit minors in any way, which includes requesting personal or other information; (d) post, submit or otherwise do anything with the Service, Content, or Web Site that is unlawful, harmful, tortious, defamatory, profane, obscene, libelous, hateful or offensive to the average User; (e) act in a racially, ethnically, or otherwise objectionable manner; (f) collect or store personal data of any other User; (g) post or reference pornographic materials (whether in visual, textual, or audio format); (h) discuss, incite or otherwise solicit illegal activity; or (i) violate or infringe upon the proprietary or other rights of any individual or third party. You will defend, indemnify, and hold Mountain Dog Media harmless from and against any and all claims, liabilities, costs or expenses arising out of any Content that you post.
- Commissions. Mountain Dog Media accepts forms of cash advertising and receives a commission on many products featured for purchase on the Web Site.
- Writers. Writers for Mountain Dog Media are not compensated to provide an opinion on products, services, websites and various other topics. The views and opinions expressed by the writer are purely the writer’s views and opinions. If a writer claims or appears to be an expert on any matter, including without limitation a certain topic or product or service area, he or she will only endorse products, services, websites or other items that he/she believes, based on his/her expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product, service, website or other item should be verified by you with the manufacturer or provider.
- Links/Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Mountain Dog Media is not responsible for, and assumes no liability for, any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by, nor does it reflect the belief of, Mountain Dog Media. User hereby irrevocably waives any claim against Mountain Dog Media in connection with any of the foregoing.
- Errors and Corrections. Mountain Dog Media does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected; however, it will make reasonable efforts to correct any such problems if notified by a User. Such notice, with as much detail as possible, should be sent to the editor via the contact form at http://www.mountaindogmedia.com/contact/. Mountain Dog Media does not warrant or represent that the Content will be correct, accurate, timely, or otherwise reliable. However, Mountain Dog Media will make reasonable efforts to correct errors or problems if notified in writing about the error or problem. Notice of such problems, with as much detail as possible, should be sent to the editor via the contact for at http://www.mountaindogmedia.com/contact/. Mountain Dog Media may make improvements or changes to its features, functionality or Content at any time.
- DISCLAIMERS. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. Mountain Dog Media EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH THE USE OF AND RELIANCE ON THE WEBSITE, CONTENT AND SERVICE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL Mountain Dog MediaBE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. Mountain Dog Media DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, WEB SITE, CONTENT OR THIRD PARTY MATERIALS THEREIN INCLUDING, WITHOUT LIMITATION (A) ANY ERRORS IN, OR OMISSIONS FROM, THE WEB SITE AND THE CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES, TRANSLATIONS, AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF; (D) YOUR USE OF, OR INABILITY TO USE, THE WEB SITE; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE; OR (F) ANY COMPUTER VIRUSES, “WORMS,” OR “TROJAN HORSES,” ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE WHICH IS ATTACHED TO, OR MADE A PART OF, THE WEB SITE BY ANY PERSON, GROUP, OR ORGANIZATION. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, Mountain Dog Media’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO AMOUNT NOT TO EXCEED ONE CENT ($.01).
- Legal Action. If you attempt to bring any legal action against Mountain Dog Media or its owner based on Mountain Dog Media’s Web Site, Content, or Service, you agree to pay the owner five million dollars ($5,000,000.00) as liquidated damages and reimburse the owner for any costs and attorneys fees associated with his defense. You also agree to provide, upon filing any lawsuit or mailing any letter threatening legal action against Mountain Dog Media or its owner, a five million dollar ($5,000,000.00) bond as security against the liquidated damages. If you are an attorney or law firm representing a party filing such a lawsuit or causing such a letter to be sent, you agree to provide a bond in the same amount as security against the liquidated damages provided for in the preceding sentence.
- Unlawful Activity. Mountain Dog Media reserves the right to investigate complaints or reported violations of the Agreement and to take any action Mountain Dog Media deems appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
- Authorized Third Parties. Mountain Dog Media reserves the right to allow third parties to provide any necessary services to Mountain Dog Mediaand/or to Users to enable Mountain Dog Media to provide the Service.
- Remedies for Violations. Mountain Dog Media reserves the right to seek any and all remedies available at law and in equity for violations of this Agreement including, but not limited to, the right to block access from a particular Internet address to the Web Site.
- Governing Law and Jurisdiction. This Agreement is governed by, and construed in accordance with, the laws of the U.S. and the State of Texas in the County of Williamson, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the federal and state courts located in the State of Texas in the County of Williamson with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of this Agreement.
- Access Outside the United States. Mountain Dog Media does not represent that the Content, Service or the Web Site are appropriate or available for use in countries outside the U.S. If you choose to access the Web Site from outside the U.S., you are responsible for compliance with foreign and local laws, if applicable. Said another way, Chinese users can be monitored by the Chinese Secret Police by reading a story about Tiananmen Square and how the oligarchs in the communist party ordered the death of thousands of Chinese people for simply wanting to have free elections. Be Careful.
- Access to the Web Site. Mountain Dog Media reserves the right to terminate access to the site for any reason.
- Modifications to this Agreement. Mountain Dog Media reserves the right to change this Agreement at any time. Updated versions of the Agreement will appear on the Web Site and are effective immediately. You are responsible for regularly reviewing the Agreement. Continued use of the Web Site after any such changes constitutes your consent to such changes. If you are reading this now, it’s too late. You are under my thumb.
- Headings. The section titles in the Agreement are used solely for the convenience of you and Mountain Dog Media, and they have no legal or contractual significance.
- Survival of terms after Agreement ends. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.