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Terms of Use

 
Last Revised: 25 April 2013

Welcome! By using the web site LosAngelesDogs.net (the “Site”), operated by Renaissance Computer Systems Ltd. (the “Company,”). (References herein to “We” or “Us” are to the Company). You agree to be bound by the following terms and conditions (the “Terms of Use”) with respect to the Site. If you do not agree to be bound by these Terms of Use, please do not access or use the Site.

These Terms of Use may be modified, changed or altered by us at any time without prior notice. We reserve the right to modify these Terms of Use at any time, so please review them frequently. If We make material changes to these Terms of Use, We may also notify you by email or by means of a notice on our web site.

These Terms of Use constitute the entire and only agreement between Us and you, and they supersede any and all prior or contemporaneous agreements, representations, warranties, or understandings with respect to (a) the Site, (b) the content and service provided by or through the Site, and (c) the subject matter of these Terms of Use.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.

A Compensation Disclosure for the site can be found at
http://LosAngelesDogs.net/compensation-disclosure/

User Conduct

You acknowledge that the Company will control the content on the Site. Without limiting any of the foregoing, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

a. Any message, data, information, text, music, sound, photos, graphics, code or other material that infringes or violates any intellectual property or other rights of any third party or that is defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, libelous, fraudulent, harmful to minor, or otherwise tortuous or illegal;

b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

c. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or that contains private information of any third party;

e. Unsolicited promotions (such as spamming or spimming) or advertising, solicitations, or sending malware;

f. Content that, in the sole judgment of the Company, is objectionable (such as, solely by way of example, content that is racist, or advocates the use of violence or encourages physical harm to others) or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type, including without limitation any viruses, corrupted data or other harmful, disruptive or destructive files; and

g. Any link to another Site that (i) is intended to generate revenue from any affiliate or similar program, or (ii) is in any way competitive with the business of the Company.

Without limiting any other provision hereof, the Company has the right (but is not obligated) to remove content that violates these Terms. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. Any unsolicited ideas, works, or other materials that you submit are done at your own risk and you acknowledge responsibility for and bear all risk as to the use or distribution of any such ideas, works, or materials.

The Company expressly prohibits the scraping of email or physical addresses from the Site, and expressly opts out of receiving commercial electronic mail messages to the Company domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.

Products (Generally)

In connection with the use of the Site, you might purchase products or services. Regardless of whether such purchases are of goods or services sold or provided by the Company or through one or more third party sites, stores, or vendors, you recognize and acknowledge that you and only you are responsible for decisions relative to the suitability or quality of any product or service that you might purchase.

Third Party Sites

You acknowledge that, in using the Site, you are likely to access websites that are not owned, operated, or controlled by the Company, including, but not limited to, (a) online stores or web sites that are linked to from the Site and (b) those linked to from search results or from advertising. You further acknowledge that, even though the Company might, from time to time, promote products or services (including but not limited to online “coupons”) of third parties and/or suggest accessing one or more third party web sites, the Company is not responsible for the content or practices of any such websites, the entities that operate them, or the products or services being offered in such sites. Without limiting the generality of the foregoing, you do not expect Us to have any involvement or responsibility with respect to any aspect of:

(i) the billing practices of any store, vendor, or third-party,

(ii) the terms concerning any purchase from any third party store or vendor, and

(iii) the availability of special offers, delivery terms, or warranties from any third party store or vendor.

You further recognize and knowledge that all of the issues listed in (i) to (iii) above are to be addressed directly with the relevant store, third party, or vendor.

You acknowledge that the Company may rely upon your having reviewed and consented to the rules, regulations, and/or terms of any web site prior to your making any purchase through such web site

Changes in Terms of Use

The Company may modify the provisions of our Terms of Uses from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We will alert you of changes by indicating the date the Terms of Use was last updated. Your use of the Site following the posting of such changes or revised statement shall constitute your consent to any changes in our Terms of Use. Without limiting any of the foregoing, these Terms of Use may be amended at any time by us from time to time without specific notice to you. You acknowledge that, because of our right to amend these Terms of Use from time to time, you must check back periodically for changes or updates.

No Warranties

You acknowledge that, in light of the nature of the Site, the Company cannot be responsible for either the use or the inaccessibility of the Site or services. YOU FURTHER ACKNOWLEDGE THAT THE COMPANY PROVIDES THE SITE, THE SERVICES AND ALL INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT ANY OF THE FOLLOWING (A) THAT THE SITE’S CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THAT THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) THAT ANY DEFECTS OR ERRORS WILL BE DISCOVERED OR CORRECTED; (D) THAT CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS OR SATISFACTION.

Please note that some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

You understand and agree that you use the Site and services at your own discretion and risk and that you will be solely responsible for any damages or consequences that arise from such use. Without limiting the foregoing, UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF, DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS AND COST OF PROCURING SUBSTITUTE TECHNOLOGY OR SERVICES, REGARDLESS OF WHETHER THE COMPANY OR ITS AFFILIATES HAVE BEEN ADVISED OF SUCH POSSIBILITY. WITHOUT LIMITING THE FOREGOING, YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE SITE OR SERVICES OR WITH THE COMPANY SHALL BE TO CEASE USE OF THIS SITE AND SERVICES.

Please note that some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions might not apply to you.

User Content

We do not claim any ownership rights in the content – if any – that you post to, publish on, or submit to the Site. However, you grant to the Company and its affiliates and sublicencees a nonexclusive, royalty-free, perpetual, irrevocable, and assignable right to use, reproduce, change, adapt, publish, translate, create derivative works from, distribute, disseminate, and display such content and the name associated with such content throughout the world in any media (whether known now or to be invented). The Company may publish all or portions of your content online or offline and permit others to do the same. You further acknowledge that the Company will be free to use any ideas, concepts, know-how, or technique for any purposes, including (but not limited to) developing and marketing products and services.

You represent and warrant to the Company that:

(a) the Company’s use of your content does not and will not breach any agreement, violate any law or regulation, or infringe any third party’s rights, including (but not limited to) privacy rights and intellectual property rights;

(b) you have all rights to enter into this agreement;

(c) the Company and its affiliates and sub-licensees are free to use, in any manner, all or part of your content on an unrestricted basis without the obligation to notify, identify, or compensate you or anyone else;

(d) you grant the Company all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by the Company to anyone whatsoever; and

(e) the content that you supply is accurate and not misleading.

You acknowledge that the Company takes no responsibility for, and assumes no liability for, content (regardless of its origin) posted, stored or uploaded on the Site, or for any loss or damage thereto. You also acknowledge that the Company will not be liable for any mistake, defamation, libel, slander, falsehood, omission, obscenity, pornography or profanity that you may encounter on the Site. Although the Company has no obligation to monitor or edit any content posted on the Site, the Company reserves the right, and has absolute discretion, to remove, monitor, or edit any content posted or stored on the Site at any time and for any reason without notice. Without limiting any of the foregoing, you are solely responsible for creating backup copies of and replacing any content that you post or store on the Site at your sole cost and expense.

Dog Event Listings

We reserve the right to accept, reject, and/or modify any announcement that we receive concerning an event that is submitted for listing, at our total and sole discretion.

We also might learn independently of dog and/or pet events of interest in our community. In those cases, we provide as much information regarding such events as we deem appropriate.

Unless expressly stated otherwise, we do not in any way endorse any event or organizer. For further information regarding events, please contact the organizer of the event.

Other

Entire Agreement: These Terms of Use supersede any previous agreement and represent the entire agreement between the Company and you with respect to the Site.

Governing Law: These Terms of Use are governed by the laws of the State of ISRAEL without reference to conflict of laws principles. The U.N. Convention on the International Sale of Goods shall not apply to these Terms.

Multiple Mechanisms For Dispute Resolution: (a) You expressly agree that, except with respect to a motion or application for equitable relief, the EXCLUSIVE jurisdiction for any claim, suit, demand, or action that is valued at $10,000 or below and which concerns, arises out of, or relates to these Terms of Use or your use of the Site shall be in the courts located in Tel Aviv, ISRAEL, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim, suit, demand, or action.

(b) You expressly agree that, except with respect to a motion or application for equitable relief, any claim, suit, demand, or action that is valued in excess of $10,000 and which concerns, arises out of, or relates to these Terms of Use or your use of the Site shall be adjudicated through BINDING ARBITRATION, in Tel Aviv, Israel, in English, before the Israeli Institute of Commercial Arbitration In any action or proceeding to enforce rights under these Terms of Use (whether in court or in arbitration), the prevailing party will be entitled to recover costs and attorneys’ fees.

Separate Proceedings: To the fullest extent permitted by applicable law, you agree that NO legal proceeding concerning, arising out of, or relating to the Site, this Agreement or its subject matter may be joined to any other legal proceeding arising out of or relating to this Agreement or its subject matter involving any other current or former Site user (whether through class action proceedings or otherwise).

Israeli Nature of Business: You acknowledge that, due to (among other things) the Company’s business location, the Israeli choice-of-law and Israeli dispute-resolution provisions herein are entirely reasonable.

Severability: If any provision of these Terms of Use is adjudged illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Assignability and Nonassignability: These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights or obligations hereunder without any further consent by you.

No Oral Waiver or Change: All waivers and modifications to any provision of these Terms of Use must be in a writing signed by both parties, except as otherwise expressly provided herein.

Use of Passwords: To the extent that the Company implements the use of passwords to access or utilize the Site, you acknowledge that you will be responsible for maintaining the security of such password(s).

Force Majeure: Without limiting any other provision hereof, the Company will not be liable to anyone by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet facilities, or any other cause that is beyond the reasonable control of the Company, whether or not similar to those causes described above.

Indemnity: You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party (including, without limitation, claims for defamation, violation of rights of publicity and/or privacy, and royalties) due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein). We reserve the right to assume the defense and/or settlement, at your expense, of any claim brought against us that is subject to this section. You agree to cooperate fully in our defense and/or settlement of any such claim.

To the fullest extent permitted by applicable law, you agree that NO legal action concerning this Agreement may be joined to any action involving any other current or former Site user, whether through class action proceedings or otherwise.

Notices

Except as explicitly stated otherwise, any notices must be sent to The Company in English at the e-mail address below:

webmaster@losangelesdogs.net

Renaissance Computer Systems Ltd.
POB 1878
Hashmonaim, Israel 73127

Copyright © 2012 Renaissance Computer Systems Ltd. All Rights Reserved