Welcome to PlanDoggie.com. These Terms of Service govern your use of PlanDoggie.com.
1. Acceptance of Terms
PlanDoggie.com provides a collection of online resources, including search, browse, event detail pages, venue detail pages, and comments, (collectively referred to hereafter as "the Service") subject to the following Terms of Service, which may be updated by PlanDoggie.com from time to time.
By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular PlanDoggie.com services, you agree to abide by any applicable posted guidelines for all PlanDoggie.com services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
2. Changes to the Terms of Service.
We may change these Terms of Service at any time. You can review the most current version of these terms by clicking on the "Terms of Service" hypertext link located at the bottom of our homepage at www.PlanDoggie.com. If we make changes, you are bound by the new terms if you continue to use PlanDoggie.com.
3. About the Service; Registration.
PlanDoggie.com is intended for general audiences. You do not need to sign up to visit PlanDoggie.com; however, you will need to register if you wish to add a listing, event, or promotion. You will need to supply a current and valid email address if you wish to use the Review feature. If you sign up to use PlanDoggie.com, you agree to provide us with current and true information and you must be legally competent to enter into contracts. You agree to keep your registration information up to date. Certain areas on PlanDoggie.com may contain information and topics intended for a mature audience. Some of this information may not be suitable for children, young teenagers or to some adults, and you understand and agree that you review such areas and information at your own risk. You agree that we may, but we have no obligation, to take reasonable steps to regulate access to any area on PlanDoggie.com that may be intended for mature audiences only.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from PlanDoggie.com, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via PlanDoggie.com. You understand that PlanDoggie.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service and Content available through the Service may contain links to other websites, which are completely independent of PlanDoggie.com. PlanDoggie.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PlanDoggie.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that PlanDoggie.com does not pre-screen or approve Content, but that PlanDoggie.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Service or for any other reason.
5. PlanDoggie.com Communications
In the course of providing you services, PlanDoggie.com will communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the PlanDoggie.com Service, including but not limited to notifications about venues and events you've expressed interest in. PlanDoggie.com will use the email address you provide to register you to use our Services, to verify your authority to use certain features of the Service, to deliver certain services and notices based on the email settings you have selected, or to improve and tailor the content and general administration of PlanDoggie.com.
You authorize us to provide you with required notices, agreements and information concerning PlanDoggie.com electronically. We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the home page of PlanDoggie.com or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of PlanDoggie.com.
7. Changes to PlanDoggie.com.
We may discontinue or change any service or feature on PlanDoggie.com at any time and without notice.
8. Access Costs.
PlanDoggie.com is a free service. However, you must provide at your own expense the equipment and Internet connections that you will need to access and use PlanDoggie.com. If you access PlanDoggie.com through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, wireless, data or text messaging charges apply if you access PlanDoggie.com through wireless applications (e.g., cell phones). Check with your carrier to verify whether there are any such fees that may apply to you.
9. Your Responsibilities and Conduct.
You are solely responsible for your conduct and any activity or Content associated with your account on PlanDoggie.com.
10. No Spam.
You may not use PlanDoggie.com or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not use PlanDoggie.com in any way for the purpose of advertising commercial products or services. You may not induce or allow others to use PlanDoggie.com to violate the terms of this section. We may terminate your access or use of PlanDoggie.com immediately and take any other legal action if you, or anyone using your access to PlanDoggie.com, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
11. No Sock Puppets, Bots, Automated Agents or Scripts
You may not open multiple accounts for the purpose of promoting particular venues, organizations, or events. Each user of PlanDoggie.com must confine his or her participation to a single account. Once discovered, any multiple accounts created by the same user will be closed immediately.
12. No SEO Posts
Posts about search engine optimization ("SEO" or "SEO Posts"), are not permitted. Any such posts may be immediately removed.
13. Proprietary Rights.
We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video ("Content") on PlanDoggie.com own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on PlanDoggie.com are our trademarks.
14. License To Use PlanDoggie.com.
You may use PlanDoggie.com and the Content offered on PlanDoggie.com only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of PlanDoggie.com or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
15. Content You Post To Public Areas.
Certain areas of PlanDoggie.com may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on PlanDoggie.com that you created or that you have permission to post. You may not post Content that violates these Terms of Service. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of PlanDoggie.com, you grant us and our affiliates the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.
16. No Duty To Monitor.
You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
17. Third Party Sites; Advertisers.
PlanDoggie.com may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. We are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on PlanDoggie.com are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
18. Disclaimer Of Warranties.
We provide PlanDoggie.com "as is", "with all faults" and "as available." We and our suppliers make no express warranties or guarantees about PlanDoggie.com. To the Extent Permitted by Law, We and Our Suppliers Disclaim Implied Warranties That PlanDoggie.com and All Software, Content and Services Distributed Through PlanDoggie.com Are Merchantable, of Satisfactory Quality, Accurate, Timely, Fit for a Particular Purpose or Need, or Non-Infringing. We Do Not Guarantee That PlanDoggie.com Will Meet Your Requirements, Is Error-Free, Reliable, Without Interruption or Available at All Times. We Do Not Guarantee That the Results That May Be Obtained from the Use of PlanDoggie.com, Including Any Support Services, Will Be Effective, Reliable, Accurate or Meet Your Requirements. We Do Not Guarantee That You Will Be Able to Access or Use PlanDoggie.com (Either Directly or Through Third-Party Networks) at Times or Locations of Your Choosing. No Oral or Written Information or Advice Given by Any of Our Representatives Shall Create a Warranty. You may have additional consumer rights under your local laws that this contract cannot change.
19. Limitation of Liability.
Your Sole and Exclusive Remedy for Any Other Dispute With Us Is to Discontinue Your Use of PlanDoggie.com. In No Event Shall Our Liability, or the Liability Our Suppliers for Any and All Claims Relating to the Use of PlanDoggie.com Exceed the Total Amount of Service Fees That You Paid Us During a One-Year Period for the Specific Service at Issue. We and Our Suppliers Shall Not Be Liable for Any Indirect, Special, Incidental, Consequential or Exemplary Damages Arising from Your Use of, Inability to Use, or Reliance Upon PlanDoggie.com. These Exclusions Apply to Any Claims for Lost Profits, Lost Data, Loss of Goodwill, Work Stoppage, Computer Failure or Malfunction, or Any Other Commercial Damages or Losses, Even if We Knew or Should Have Known of the Possibility of Such Damages. Because Some States or Jurisdictions Do Not Allow the Exclusion or the Limitation of Liability for Consequential or Incidental Damages, in Such States or Jurisdictions, Our Liability, and the Liability of Our Parent and Suppliers, Shall Be Limited to the Extent Permitted by Law.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of PlanDoggie.com. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Although PlanDoggie.com does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant to PlanDoggie.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PlanDoggie.com with the following Notice:
PlanDoggie.com will forward this information to the alleged infringer.
22. International Use.
We make no representation that Content on PlanDoggie.com is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access PlanDoggie.com from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
23. Choice of Law and Location for Resolving Disputes.
You agree that the laws of the Commonwealth of Connecticut govern this contract and any claim or dispute that you may have against us, without regard to Connecticut’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Connecticut and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Please Note That by Agreeing to These Terms of Service, You Are: (1) Waiving Claims That You Might Otherwise Have Against Us Based on the Laws of Other Jurisdictions, Including Your Own; (2) Irrevocably Consenting to the Exclusive Jurisdiction of, and Venue in, State or Federal Courts in the Commonwealth of Connecticut over Any Disputes or Claims You Have With Us; and (3) Submitting Yourself to the Personal Jurisdiction of Courts Located in the Commonwealth of Connecticut for the Purpose of Resolving Any Such Disputes or Claims.
24. Severability and Integration.
This contract and any supplemental terms, policies, rules and guidelines posted on PlanDoggie.com constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We reserve the right to refuse service to anyone for any reason at any time. Your right to use PlanDoggie.com automatically terminates if you violate these Terms of Service or any rules or guidelines posted in connection with PlanDoggie.com. We also reserve the right, in our sole discretion, to terminate your access to all or part of PlanDoggie.com, for any reason, with or without notice.