The following terms and conditions govern all use of the dogfriendlyhouston.net website and all content,
services and products available at or through the website (taken together, the Website). The
Website is owned and operated by dogfriendlyhouston ("dogfriendlyhouston"). The Website
is offered subject to your acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies (including, without limitation, dogfriendlyhouston's
(collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using
any part of the web site, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access
the Website or use any services. If these terms and conditions are considered an offer by dogfriendlyhouston,
acceptance is expressly limited to these terms. The Website is available only to individuals
who are at least 13 years old.
Your dogfriendlyhouston.net Account and Site. If you create a blog/site on the Website,
you are responsible for maintaining the security of your account and blog, and you are fully
responsible for all activities that occur under the account and any other actions taken in
connection with the blog. You must not describe or assign keywords to your blog in a misleading
or unlawful manner, including in a manner intended to trade on the name or reputation of
others, and dogfriendlyhouston may change or remove any description or keyword that it considers
inappropriate or unlawful, or otherwise likely to cause dogfriendlyhouston liability. You
must immediately notify dogfriendlyhouston of any unauthorized uses of your blog, your account
or any other breaches of security. dogfriendlyhouston will not be liable for any acts or
omissions by You, including any damages of any kind incurred as a result of such acts or
Responsibility of Contributors. If you operate a blog, comment on a blog, post material
to the Website, post links on the Website, or otherwise make (or allow any third party to
make) material available by means of the Website (any such material, "Content"),
You are entirely responsible for the content of, and any harm resulting from, that Content.
That is the case regardless of whether the Content in question constitutes text, graphics,
an audio file, or computer software. By making Content available, you represent and warrant
- the downloading, copying and use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or trade secret rights,
of any third party;
- if your employer has rights to intellectual property you create, you have either (i)
received permission from your employer to post or make available the Content, including
but not limited to any software, or (ii) secured from your employer a waiver as to
all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have
done all things necessary to successfully pass through to end users any required
- the Content does not contain or install any viruses, worms, malware, Trojan horses or
other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain
unethical or unwanted commercial content designed to drive traffic to third party
sites or boost the search engine rankings of third party sites, or to further unlawful
acts (such as phishing) or mislead recipients as to the source of the material (such
- the Content is not pornographic, does not contain threats or incite violence towards
individuals or entities, and does not violate the privacy or publicity rights of
any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links
on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional
- your blog is not named in a manner that misleads your readers into thinking that you
are another person or company. For example, your blog's URL or name is not the name
of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized
and/or described the type, nature, uses and effects of the materials, whether requested
to do so by dogfriendlyhouston or otherwise.
By submitting Content to dogfriendlyhouston for inclusion on your Website, you grant dogfriendlyhouston
a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and
publish the Content solely for the purpose of displaying, distributing and promoting
your blog. If you delete Content, dogfriendlyhouston will use reasonable efforts to remove
it from the Website, but you acknowledge that caching or references to the Content may
not be made immediately unavailable.
Without limiting any of those representations or warranties, dogfriendlyhouston has the right
(though not the obligation) to, in dogfriendlyhouston's sole discretion (i) refuse or
remove any content that, in dogfriendlyhouston's reasonable opinion, violates any dogfriendlyhouston
policy or is in any way harmful or objectionable, or (ii) terminate or deny access to
and use of the Website to any individual or entity for any reason, in dogfriendlyhouston's
sole discretion. dogfriendlyhouston will have no obligation to provide a refund of any
amounts previously paid.
Payment and Renewal.
By selecting a product or service, you agree to pay dogfriendlyhouston the one-time
and/or monthly or annual subscription fees indicated (additional payment terms may
be included in other communications). Subscription payments will be charged on a
pre-pay basis on the day you sign up for an Upgrade and will cover the use of that
service for a monthly or annual subscription period as indicated. Payments are not
Unless you notify dogfriendlyhouston before the end of the applicable subscription
period that you want to cancel a subscription, your subscription will automatically
renew and you authorize us to collect the then-applicable annual or monthly subscription
fee for such subscription (as well as any taxes) using any credit card or other payment
mechanism we have on record for you. Upgrades can be canceled at any time by submitting
your request to dogfriendlyhouston in writing.
Fees; Payment. By signing up for a Services account you agree to pay dogfriendlyhouston
the applicable setup fees and recurring fees. Applicable fees will be invoiced starting
from the day your services are established and in advance of using such services.
dogfriendlyhouston reserves the right to change the payment terms and fees upon thirty
(30) days prior written notice to you. Services can be canceled by you at anytime
on thirty (30) days written notice to dogfriendlyhouston.
Support. If your service includes access to priority email support. "Email
support" means the ability to make requests for technical support assistance
by email at any time (with reasonable efforts by dogfriendlyhouston to respond within
one business day) concerning the use of the VIP Services. "Priority" means
that support takes priority over support for users of the standard or free dogfriendlyhouston.net
services. All support will be provided in accordance with dogfriendlyhouston standard
services practices, procedures and policies.
Responsibility of Website Visitors. dogfriendlyhouston has not reviewed, and
cannot review, all of the material, including computer software, posted to the Website,
and cannot therefore be responsible for that material's content, use or effects. By operating
the Website, dogfriendlyhouston does not represent or imply that it endorses the material
there posted, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or destructive
content. The Website may contain content that is offensive, indecent, or otherwise objectionable,
as well as content containing technical inaccuracies, typographical mistakes, and other
errors. The Website may also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary rights, of third
parties, or the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. dogfriendlyhouston disclaims any responsibility for any
harm resulting from the use by visitors of the Website, or from any downloading by those
visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all
of the material, including computer software, made available through the websites and
webpages to which dogfriendlyhouston.net links, and that link to dogfriendlyhouston.net.
dogfriendlyhouston does not have any control over those non-dogfriendlyhouston websites
and webpages, and is not responsible for their contents or their use. By linking to a
non-dogfriendlyhouston website or webpage, dogfriendlyhouston does not represent or imply
that it endorses such website or webpage. You are responsible for taking precautions
as necessary to protect yourself and your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content. dogfriendlyhouston disclaims any responsibility
for any harm resulting from your use of non-dogfriendlyhouston websites and webpages.
Copyright Infringement and DMCA Policy. As dogfriendlyhouston asks others to
respect its intellectual property rights, it respects the intellectual property rights
of others. If you believe that material located on or linked to by dogfriendlyhouston.net
violates your copyright, you are encouraged to notify dogfriendlyhouston in accordance
with dogfriendlyhouston's Digital Millennium Copyright Act ("DMCA") Policy.
dogfriendlyhouston will respond to all such notices, including as required or appropriate
by removing the infringing material or disabling all links to the infringing material.
dogfriendlyhouston will terminate a visitor's access to and use of the Website if, under
appropriate circumstances, the visitor is determined to be a repeat infringer of the
copyrights or other intellectual property rights of dogfriendlyhouston or others. In
the case of such termination, dogfriendlyhouston will have no obligation to provide a
refund of any amounts previously paid to dogfriendlyhouston.
Intellectual Property. This Agreement does not transfer from dogfriendlyhouston
to you any dogfriendlyhouston or third party intellectual property, and all right, title
and interest in and to such property will remain (as between the parties) solely with
dogfriendlyhouston. dogfriendlyhouston, dogfriendlyhouston.net, the dogfriendlyhouston.net
logo, and all other trademarks, service marks, graphics and logos used in connection
with dogfriendlyhouston.net, or the Website are trademarks or registered trademarks of
dogfriendlyhouston or dogfriendlyhouston's licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the trademarks of other
third parties. Your use of the Website grants you no right or license to reproduce or
otherwise use any dogfriendlyhouston or third-party trademarks.
Advertisements. dogfriendlyhouston reserves the right to display advertisements
on your blog unless you have purchased an ad-free account.
Attribution. dogfriendlyhouston reserves the right to display attribution links
such as 'Blog at dogfriendlyhouston.net,' theme author, and font attribution in your
blog footer or toolbar.
Partner Products. By activating a partner product (e.g. theme) from one of our
partners, you agree to that partner's terms of service. You can opt out of their terms
of service at any time by de-activating the partner product.
Domain Names. If you are registering a domain name, using or transferring a
previously registered domain name, you acknowledge and agree that use of the domain name
is also subject to the policies of the Internet Corporation for Assigned Names and Numbers
("ICANN"), including their
Registration Rights and Responsibilities.
Changes. dogfriendlyhouston reserves the right, at its sole discretion, to modify
or replace any part of this Agreement. It is your responsibility to check this Agreement
periodically for changes. Your continued use of or access to the Website following the
posting of any changes to this Agreement constitutes acceptance of those changes. dogfriendlyhouston
may also, in the future, offer new services and/or features through the Website (including,
the release of new tools and resources). Such new features and/or services shall be subject
to the terms and conditions of this Agreement.
Termination. dogfriendlyhouston may terminate your access to all or any part
of the Website at any time, with or without cause, with or without notice, effective
immediately. If you wish to terminate this Agreement or your dogfriendlyhouston.net account
(if you have one), you may simply discontinue using the Website. Notwithstanding the
foregoing, if you have a paid services account, such account can only be terminated by
dogfriendlyhouston if you materially breach this Agreement and fail to cure such breach
within thirty (30) days from dogfriendlyhouston's notice to you thereof; provided that,
dogfriendlyhouston can terminate the Website immediately as part of a general shut down
of our service. All provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided "as is". dogfriendlyhouston
and its suppliers and licensors hereby disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of merchantability, fitness for
a particular purpose and non-infringement. Neither dogfriendlyhouston nor its suppliers
and licensors, makes any warranty that the Website will be error free or that access
thereto will be continuous or uninterrupted. You understand that you download from, or
otherwise obtain content or services through, the Website at your own discretion and
Limitation of Liability. In no event will dogfriendlyhouston, or its suppliers
or licensors, be liable with respect to any subject matter of this agreement under any
contract, negligence, strict liability or other legal or equitable theory for: (i) any
special, incidental or consequential damages; (ii) the cost of procurement for substitute
products or services; (iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to dogfriendlyhouston under this
agreement during the twelve (12) month period prior to the cause of action. dogfriendlyhouston
shall have no liability for any failure or delay due to matters beyond their reasonable
control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your
with this Agreement and with all applicable laws and regulations (including without limitation
any local laws or regulations in your country, state, city, or other governmental area,
regarding online conduct and acceptable content, and including all applicable laws regarding
the transmission of technical data exported from the United States or the country in
which you reside) and (ii) your use of the Website will not infringe or misappropriate
the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless dogfriendlyhouston,
its contractors, and its licensors, and their respective directors, officers, employees
and agents from and against any and all claims and expenses, including attorneys' fees,
arising out of your use of the Website, including but not limited to your violation of
Miscellaneous. This Agreement constitutes the entire agreement between dogfriendlyhouston
and you concerning the subject matter hereof, and they may only be modified by a written
amendment signed by an authorized executive of dogfriendlyhouston, or by the posting
by dogfriendlyhouston of a revised version. Except to the extent applicable law, if any,
provides otherwise, this Agreement, any access to or use of the Website will be governed
by the laws of the 146 W Plant St, excluding its conflict of law provisions, and the
proper venue for any disputes arising out of or relating to any of the same will be the
state and federal courts located in 146 W Plant St. Except for claims for injunctive
or equitable relief or claims regarding intellectual property rights (which may be brought
in any competent court without the posting of a bond), any dispute arising under this
Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules
of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators
appointed in accordance with such Rules. The arbitration shall take place in 146 W Plant
St, in the English language and the arbitral decision may be enforced in any court. The
prevailing party in any action or proceeding to enforce this Agreement shall be entitled
to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable,
that part will be construed to reflect the parties' original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of any term or
condition of this Agreement or any breach thereof, in any one instance, will not waive
such term or condition or any subsequent breach thereof. You may assign your rights under
this Agreement to any party that consents to, and agrees to be bound by, its terms and
conditions; dogfriendlyhouston may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their
successors and permitted assigns.