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BreederWeb.Com Membership Agreement
(Last Revised: March 23th, 2003)
By using BreederWeb.Com (this site) you agree to the following Membership
Agreement:
Summary of Membership Agreement
A. You agree to provide true and correct information about yourself
on this site.
B. You agree not to use this site for illegal purposes or for the
transmission of material that is unlawful, harassing, libelous, invasive
of another's privacy, sexually and/or racially offensive, abusive, threatening,
harmful, vulgar, obscene, tortious, or otherwise objectionable, or that
infringes or may infringe the intellectual property or other rights
of another. This site reserves the right to edit or remove any information
you transmit to this site, or remove your membership at any time for
any reason.
C.You agree not to use this site for the transmission of "junk
mail," "spam," "chain letters," or unsolicited
mass distribution of email or for any commercial purposes.
D. You agree to be responsible for your interactions with other members
of this site. You agree that this site is not responsible or liable
for content posted on the service by third parties or members or the
conduct of any member.
You may always report any violations you see of this service agreement,
or any questions you have about this membership agreement, to webmaster@breederweb.com.
1) ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
This site is owned and operated by Son Vida Interactive, LLC, A Virginia
Limited Liability Corporation. This site is provided to you under the
terms and conditions of this Membership Agreement and any changes or
amendments made to this Membership Agreement in the future, as well
as this sites operating rules and/or policies (collectively, the Agreement).
This Agreement applies to all services of this site, separately and
as a whole.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE CHECKBOX LABELED
"I HAVE READ AND UNDERSTOOD THE FOREGOING AGREEMENT AND AGREE TO
BE BOUND BY ALL OF ITS TERMS", YOU REPRESENT AND WARRANT THAT YOU
AGREE TO BE BOUND BY THIS AGREEMENT.
2) MEMBER'S REGISTRATION INFORMATION
As a condition of use of the Service, you agree to provide true, accurate,
current and complete information about yourself, and to update this
data if any of your information changes. If any information provided
by you is untrue, inaccurate, not up-to-date or incomplete, this site
has the right to terminate your account and refuse any and all current
or future use of this site.
For Definition Purposes, a BREEDER is termed as a person, persons or
company which registers as a dog breeder on BreederWeb.Com. A MEMBER
is termed a person who is using the website and not registered as a
BREEDER.
2.1) Breeder Registration
In its effort to ensure breeder quality, BreederWeb.Com makes many
attempts to weed out puppy mills, USDA certified breeders, breeders
that regularly sell dogs to pet stores and breeders who have been/are
suspended from major kennel clubs for improper breeder conduct. By registering
as a breeder, You certify that my kennel has never been associated with
the above mentioned activities and is in no way related to activities
that could be construed as puppy milling or inhumane treatment of animals.
Violation of this Registration agreement constitutes fraud and defamation
of The Company character and will be penalized by legal action. As a
result, you will be held accountable for all legal costs incurred and
all civil or criminal penalties assessed to either yourself, The Company,
or others affected by this misrepresentation.
Neither the site nor its associates are involved with the transactions
which occur between a Breeder and a Member or another Breeder. All caution
should be used when dealing with a Breeder or Member which is unknown
to you. BreederWeb.Com nor any of its associates or owners are to be
held liable for any problems incurred from a transaction between BREEDERS
or MEMBERS.
3) MEMBER INFORMATION
This site considers non-public member account information, including
but not limited to information provided during the registration process
and e-mail communications transmitted through this site, to be private
information. This site will not disclose such information to any third
parties without your consent, except that you agree that this site may
do so in the good faith belief that such action is reasonably necessary:
(a) to comply with the law; (b) to comply with legal process; (c) to
enforce this Agreement; (d) to respond to claims that such content violates
the rights of third-parties; (e) to protect the rights or interests
of this site; or (f) to protect the rights or interests of this site
users or others.
Demographic Information: The information submitted during any
voluntary demographic surveys conducted by the website is used to help
guide advertisers, investors and purchasers. This information will be
used in aggregate form, and not singling out users on their information
unless otherwise noted.
4) MODIFICATIONS TO MEMBERSHIP AGREEMENT
This site may change the Agreement from time to time. Your continued
use of this site after such notice constitutes your acceptance of any
such changes.
5) MODIFICATIONS TO SERVICE
This site reserves the right to modify or discontinue, temporarily
or permanently, this site or parts of this site without notice to you.
You agree that this site shall not be liable to you or any third party
for any modification or discontinuance of this site.
6) MEMBER CONDUCT
You agree to be solely responsible for the contents of your profile,
emails, private or forum messages, or any other transmissions to or
through this site and for your interactions with other members of this
site.
You agree to abide by all applicable local, state, national, and international
laws and regulations in your use of this site, and agree not to attempt
to gain unauthorized access to other computer systems or networks through
this site.
You also agree not to interfere with the use and enjoyment of the
Service by other members.
You agree not to transmit any unlawful, harassing, libelous, privacy
invading, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind.
You agree not to transmit any material that violates the rights of
another, including but not limited to the intellectual property rights
of another.
You agree not to transmit "junk mail," "spam,"
"chain letters, " or unsolicited mass distribution of email,
or to use this site for any commercial purposes.
This site reserves the right, but has no obligation, to reject or
remove any profile or photo.
You agree not to impersonate any other person in your use of this
site.
You agree not to resell your membership or any services of this site.
6.1) OPEN FORUM CONDUCT
You understand and agree that the Message Boards System of BreederWeb.Com
and its affiliates is used for the sharing of information. The information
posted in messages can not be confirmed as true by BreederWeb.Com or
any of its associates.
By using the Message Board System, you agree not to post "junk
mail" "spam" or "chain letters", messages which
sell dogs or use language which could be construed as abusive or vulgar.
Any violation of these conduct codes can result in a suspension or termination
of your use of the system.
7) TERMINATION
You agree that this site may, in its sole discretion, terminate or
suspend your access to all or part of this site for any reason, including,
without limitation, breach of this Agreement or any subsequent modifications,
or attempted assignment of your account by you. You acknowledge and
agree that termination may be effected without prior notice, and acknowledge
and agree that this site may immediately delete files in your account
and bar any further access thereto.
This site shall not be liable to you or any third party for the termination
of your membership or any claims related to the termination of your
membership. Any suspected fraudulent, abusive or illegal activity may
be grounds for termination of your account and may be referred to appropriate
law enforcement authorities.
Should you object to any terms and conditions of this Agreement, or
any subsequent changes to this Agreement, or become dissatisfied with
the Service in any way, your only recourse is to immediately: (1) discontinue
and terminate your membership with the Service; and (2) notify this
site of termination by sending an e-mail to webmaster@breederweb.com.
8) DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES
This site does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from
third parties. You agree not to hold this site liable for any loss or
damage of any sort incurred as the result of the presence, availability
or non-availability of the advertisers, partners, vendors or other third
parties available on or through this site, or as the result of any dealings
with such parties, including but not limited to attendance at events
advertised or purchase or use of goods or services offered on or through
this site.
9) PROPRIETARY RIGHTS
You acknowledge and agree that content, including but not limited
to text, software, music, sound, photographs, graphics, video, or other
material contained in sponsor advertisements or information presented
to you by this site, its partners or advertisers, is protected by copyrights,
trademarks, service marks, patents, or other proprietary rights and
laws. You acknowledge and agree that you are permitted to download and
print this material and information for your personal, non-commercial
use or as expressly authorized by this site, its partners or advertisers,
and may not copy, reproduce, transmit, distribute, or create derivative
works of such content or information without express authorization.
You acknowledge and agree that any material you post in any areas
on this site, including photos or other images, that are accessible
to the public or this site's membership, in whole or in part, will be
treated as non-confidential and non-proprietary and this site may use
such material in any medium for any purpose, including but not limited
to the reproduction, disclosure, transmission, publication, broadcast
and posting of such material in advertising and promotions.
10) DISCLAIMER OF WARRANTIES
This site and the materials available on or through this site are
provided "as is" and "as available" and without
warranties or conditions of any kind either express or implied. To the
fullest extent permissible under applicable law, this site disclaims
all warranties and conditions, express or implied, including, but not
limited to, implied warranties and conditions of merchantability, merchant
quality, correspondence to description and fitness for a particular
purpose. This site does not represent or warrant that this site will
be uninterrupted or error-free, that defects will be corrected, or that
this site or the server that makes it available, are free of viruses
or other harmful components. This site does not represent or warrant
that the materials or the results of the use of the materials available
through this site or from third parties will be correct, accurate, timely,
reliable or otherwise.
BreederWeb Prefered Breeders can receive a refund by writing to the
webmaster@breederweb.com
account within 24 hours of payment to cancel their account and receive
a refund. Refunds are subject to a $1.17 processing fee as charged by
PayPal. Appeals may also be sent to webmaster@breederweb.com
and will be reviewed on a case-by-case basis with no promise of its
outcome.
11) LIMITATION OF LIABILITY
To the fullest extent permissible under applicable law, this site
shall not be liable under any circumstances, including but not limited
to negligence, for any direct, indirect, incidental, special or consequential
damages that result from the use of or the inability to use this site,
any changes to this site, unauthorized access to or alteration of your
transmissions or data, any material or data sent or received or not
sent or received, or any transactions entered into through this site.
You specifically agree that this site is not responsible or liable for
any threatening, defamatory, obscene, offensive or illegal content or
conduct of any other party or any infringement of another's rights,
including intellectual property rights. If you are dissatisfied with
the Service, the materials available on or through this site, or with
any of this site's terms and conditions, your sole and exclusive remedy
is to discontinue using this site.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES,
CONDITIONS OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
SOME OF THE ABOVE LIMITATIONS IN SECTIONS 10 AND 11 MAY NOT APPLY TO
YOU.
12) INDEMNIFICATION
You agree to indemnify and hold this site and each of its stand-alone
services, its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim, demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising from the content
you transmit to or through, as well as your conduct on or arising from
the use of, this site.
13) GENERAL
This Agreement and the relationship between you and this site shall
be governed by the laws of the State of Virginia without regard to its
conflict of law provisions. You and this site agree to submit to the
personal and exclusive jurisdiction of the State of Virginia, Fairfax
County, or the applicable United States District Court covering Fairfax
County, Virginia. However, both this site and you agree to submit to
binding arbitration for any dispute. Such arbitration shall be held
before one arbiter who is a member of the American Arbitration Association,
using Virginia Law and in the venue of Fairfax County, Virginia.
This site's failure to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Agreement remain in
full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related
to use of this site or this Agreement must be filed within six (6) months
after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and
have no legal or contractual effect.
COMMUNITY GUIDELINES
You understand that all information, data, text, messages or other
materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated.
This means that you, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Site.
You understand that by using the Site, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will Son Vida Interactive be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via
the Service.
You further understand:
- You may not upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- You may not impersonate any person or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- You may not use the community to sell products or pets unless you
are a registered breeder or marketplace affiliate, in which case you
may only deal in your pets/products as your registered category implies.
- You may not use the message boards for the sale or advertisement
of any product or pet, stud services or the like, or anything else
which is in violation of the Terms of Use agreement.
You acknowledge that BreederWeb.Com does not pre-screen Content, but
that we have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Site without
limitation. BreederWeb also has the right to (a) comply with legal process;
(b) enforce the TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or
personal safety of BreederWeb.Com, Son Vida Interactive, LLC, its users
and the public.
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