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Terms
of Use
AGREEMENT
BETWEEN CUSTOMER AND DOG EVENTS ONLINE.
This Web site is offered to you, the customer, conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of this Web site constitutes your agreement
to all such terms, conditions, and notices.
ACCEPTANCE
OF TERMS.
The services that DOG EVENTS ONLINE provides to you are subject
to the following Terms of Use ("TOU"). DOG EVENTS ONLINE reserves
the right to update the TOU at any time without notice to you. The
most current version of the TOU can be reviewed by clicking on the
"Terms of Use" hypertext link located at the bottom of our Web pages.
DESCRIPTION
OF SERVICES.
Through its network of Web properties, DOG EVENTS ONLINE provides
you with access to a variety of resources, including event registration
tools, download areas, communication forums and event information
(collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web properties,
are subject to the TOU.
PERSONAL
AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. 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 obtained from the Services.
PRIVACY
AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures
relating to the collection and use of your information.
NOTICES
REGARDING DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE. IN
NO EVENT SHALL DOG EVENTS ONLINE AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE
FROM THE SERVICES.
MEMBER
ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must
complete the registration process by providing us with current,
complete and accurate information as prompted by the applicable
registration form. You also will choose a password and a user name.
You are entirely responsible for maintaining the confidentiality
of your password and account. Furthermore, you are entirely responsible
for any and all activities that occur under your account. You agree
to notify DOG EVENTS ONLINE immediately of any unauthorized use
of your account or any other breach of security. DOG EVENTS ONLINE
will not be liable for any loss that you may incur as a result of
someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred
by DOG EVENTS ONLINE or another party due to someone else using
your account or password. You may not use anyone else's account
at any time, without the permission of the account holder.
NO
UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the
Services for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Services in
any manner that could damage, disable, overburden, or impair any
DOG EVENTS ONLINE / THE YELLOW SPOT, INC. server, or the network(s)
connected to any DOG EVENTS ONLINE server, or interfere with any
other party's use and enjoyment of any Services. You may not attempt
to gain unauthorized access to any Services, other accounts, computer
systems or networks connected to any DOG EVENTS ONLINE server or
to any of the Services, through hacking, password mining or any
other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
through the Services.
USE
OF COMMUNICATION SERVICES.
The Services may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message or communication
facilities designed to enable you to communicate with others (each
a "Communication Service" and collectively "Communication Services").
You agree to use the Communication Services only to post, send and
receive messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using the Communication
Services, you will not:
- Use
the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
- Defame,
abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish,
post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material
or information.
- Upload,
or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property
laws, including, by way of example, and not as limitation, copyright
or trademark laws (or by rights of privacy or publicity) unless
you own or control the rights thereto or have received all necessary
consent to do the same.
- Use
any material or information, including images or photographs,
which are made available through the Services in any manner that
infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
- Upload
files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or
programs that may damage the operation of another's computer or
property of another.
- Advertise
or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows
such messages.
- Download
any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
- Falsify
or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material
contained in a file that is uploaded.
- Restrict
or inhibit any other user from using and enjoying the Communication
Services.
- Violate
any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest
or otherwise collect information about others, including e-mail
addresses.
- Violate
any applicable laws or regulations of the United States, the American
Kennel Club, the United States Dog Agility Association, Inc.,
the North American Dog Agility Council, Inc., the North American
Flyball Association, Inc., and any other association governing
an event posted on Dog Events Online.
- Create
a false identity for the purpose of misleading others.
- Use,
download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the Services or
other user or usage information or any portion thereof.
DOG
EVENTS ONLINE has no obligation to monitor the Communication Services.
However, DOG EVENTS ONLINE reserves the right to review materials
posted to the Communication Services and to remove any materials
in its sole discretion. DOG EVENTS ONLINE reserves the right to
terminate your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever. DOG EVENTS
ONLINE reserves the right at all times to disclose any information
as DOG EVENTS ONLINE deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in
part, in DOG EVENTS ONLINE'S sole discretion. Always use caution
when giving out any personally identifiable information about yourself
or your children in any Communication Services. DOG EVENTS ONLINE
does not control or endorse the content, messages or information
found in any Communication Services and, therefore, DOG EVENTS ONLINE
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any
Communication Services. Managers and hosts are not authorized DOG
EVENTS ONLINE spokespersons, and their views do not necessarily
reflect those of DOG EVENTS ONLINE. Materials uploaded to the Communication
Services may be subject to posted limitations on usage, reproduction
and/or dissemination; you are responsible for adhering to such limitations
if you download the materials.
MATERIALS
PROVIDED TO DOG EVENTS ONLINE OR POSTED AT ANY DOG EVENTS ONLINE
WEB SITE.
DOG EVENTS ONLINE does not claim ownership of the materials you
provide to DOG EVENTS ONLINE (including feedback and suggestions)
or post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of
any public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting ("Posting") your Submission you are granting DOG EVENTS
ONLINE, its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their
Internet businesses (including, without limitation, all DOG EVENTS
ONLINE Services), including, without limitation, the license rights
to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to publish
your name in connection with your Submission; and the right to sublicense
such rights to any supplier of the Services.
No
compensation will be paid with respect to the use of your Submission,
as provided herein. DOG EVENTS ONLINE is under no obligation to
post or use any Submission you may provide and DOG EVENTS ONLINE
may remove any Submission at any time in its sole discretion.
By
Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these
Terms of Use including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
In
addition to the warranty and representation set forth above, by
Posting a Submission that contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"),
you warrant and represent that (a) you are the copyright owner of
such Images, or that the copyright owner of such Images has granted
you permission to use such Images or any content and/or images contained
in such Images consistent with the manner and purpose of your use
and as otherwise permitted by these Terms of Use and the Services,
(b) you have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the use of the Images
as set forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display and reproduction
of such Images. By Posting Images, you are granting (a) to all members
of your private community (for each such Images available to members
of such private community), and/or (b) to the general public (for
each such Images available anywhere on the Services, other than
a private community), permission to use your Images in connection
with the use, as permitted by these Terms of Use, of any of the
Services, (including, by way of example, and not as a limitation,
making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license
to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Images without having
your name attached to such Images, and the right to sublicense such
rights to any supplier of the Services. The licenses granted in
the preceding sentences for a Images will terminate at the time
you completely remove such Images from the Services, provided that,
such termination shall not affect any licenses granted in connection
with such Images prior to the time you completely remove such Images.
No compensation will be paid with respect to the use of your Images.
LINKS
TO THIRD PARTY SITES. THE LINKS IN THIS AREA WILL LET YOU LEAVE
DOG EVENTS ONLINE'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL
OF DOG EVENTS ONLINE AND DOG EVENTS ONLINE IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED
SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DOG EVENTS ONLINE
IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. DOG EVENTS ONLINE IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY ENDORSEMENT BY DOG EVENTS ONLINE OF THE SITE.
USE
OF DOG EVENTS ONLINE REGISTRATION AND TRIAL SECRETARY SERVICES.
The Event Registration feature of this Web site is provided solely
to assist users in determining the availability of dog events and
services and to make legitimate event entries or otherwise transact
business with suppliers, and for no other purposes. You warrant
that you are at least 18 years of age and possess the legal authority
to enter into this agreement and to use this Web site in accordance
with all terms and conditions herein. You agree to be financially
responsible for all of your use of this Web site (as well as for
use of your account by others, including, without limitation, minors
living with you). You agree to supervise all usage of this Web site
by minors under your name or account. You also warrant that all
information supplied by you or members of your household in using
this Web site is true and accurate. Without limitation, any speculative,
false, or fraudulent reservation or any reservation in anticipation
of demand is prohibited. You agree that the event registration facilities
of this Web site shall be used only to make legitimate entries or
purchases for you or for another person for whom you are legally
authorized to act. You understand that overuse or abuse of the registration
facilities of this Web site may result in you being denied access
to such facilities. Separate terms and conditions will apply to
your event registration and services that you select. You agree
to abide by the terms or conditions of purchase imposed by any association
with whom you elect to deal, including, but not limited to, payment
of all amounts when due and compliance with all rules and restrictions
regarding availability of entries, products, or services. You shall
be completely responsible for all charges, fees, duties, taxes,
and assessments arising out of the use of this Web site.
REFUND POLICY.
Please contact DOG EVENTS ONLINE immediately for any errors found in processing your transaction.
Phone: (970) 834-9040 or emergency cell phone (970) 217-3674
Email: Info@DogEventsOnline.com
All valid transactions are final. After transacting your order, DOG EVENTS ONLINE has irreversibly completed their service to you, meaning NO Convenience Charge refund under any circumstances.
- DOG EVENTS ONLINE will determine if a transaction is valid or invalid. For example, a duplicate transaction created through an error in our software processing may be considered invalid.
- Invalid transactions will be refunded in total - Entry Fees and Convenience Charge.
- Transactions created by customer error may be considered valid orders.
- Transactions deemed to be invalid prior to the transaction's batch processing will be voided. After batch processing, the original transaction must be credited.
Cancellations:
Please contact the Trial Secretary if you need to cancel your entry. It is up to the Trial Secretary to accept or decline all refunds due to cancellations, bitches in season, etc., however the DOG EVENTS ONLINE Convenience Charge is NON-REFUNDABLE. The Trial Secretary MAY refund Entry Fees MINUS any fees resulting from their specific entry policies (such as processing fees, cancellation charges, etc.).
- Prior to the Trial Closing Date: If any refund is allowed, the Trial Secretary may make the refund via check or via DOG EVENTS ONLINE (via credit made to the original credit card transaction).
- After the Trial Closing Date: If any refund is allowed, the Trial Secretary will make the refund via check. DOG EVENTS ONLINE cannot refund Instant Entry fees due to cancellations after the trial close date.
Random Draw:
For an event accepting entries under the RANDOM DRAW method, the full Entry Fees and Convenience Charge will be billed at the time of transaction of the Instant Entry. If the Entry is not Drawn, normally DOG EVENTS ONLINE will refund the Entry Fees through a direct credit to the Exhibitor's credit card (via a credit made to the original credit card transaction). However, the Trial Secretary may choose to issue refunds via check. The DOG EVENTS ONLINE Convenience Charge is NON-REFUNDABLE and will not be refunded under any circumstances.
COPYRIGHT
NOTICE.
Copyright © 2001-2006 THE YELLOW SPOT, INC and DOG EVENTS ONLINE, 42494 County Road 37, Ault, CO 80610 U.S.A.
All rights reserved.
Any
rights not expressly granted herein are reserved. No part of this
site may be reproduced without permission.
GENERAL AGREEMENTS and INSTANT ENTRY POLICIES
By entering an event on this website, you agree to the terms according
to the organization's official Agreement. Contact each individual
organization for their current Agreement. Current Agreements as
of March 2004 are listed below:
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