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The Modern Canine » Terms of Use

Terms of Use

These Terms of Use are between you (“you”) and T L Pek Studio d/b/a The Modern Canine (together with its wholly owned subsidiaries “The Modern Canine,” “we,” “us”) concerning your use of the website located at www.themoderncanine.com (the “Site”).

Please read this page carefully. By using the Site, you agree to be bound by all of the terms and conditions set forth below. If you do not accept these Terms of Use, please do not use the Site.

USE OF THE SITE

You may use this Site only for your personal and non-commercial purposes and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You may not use this Site for commercial purposes without the prior written approval of The Modern Canine. The Modern Canine authorizes you to view and download a single copy of the Site for your personal use. You agree to retain all copyright and other proprietary notices contained in the Site on any copy you make of such material.

REGISTRATION

You may use the Site without registration, but in order to take advantage of some aspects of the Site, such as making purchases, you may need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

USER CONTENT

The Modern Canine welcomes your comments on the Site, however, you acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information, (collectively, the “Information”), the Information shall be deemed to be, and shall remain The Modern Canine’s property. By submission of any Information to us, you assign to us and we shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.

As a user of the Site, you are responsible for own your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.

The Modern Canine reserves the right to expel users and prevent their further access to the Site for violating these terms or the law and reserves the right to remove any communications from the Site.

The Modern Canine is under no obligation to screen or monitor user content on the site, but may review user content from time to time at its sole discretion to review compliance with these Terms of Use. The Modern Canine will make all determinations as to what user content is appropriate in its sole discretion. We may include, edit or remove any user content at any time without notice.

TERMINATION OF ACCESS

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Site to any third party.

PRIVACY

The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.

OUR PROPRIEARY RIGHTS

The Modern Canine or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Site. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by The Modern Canine.

NO WARRANTIES

THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Site or products purchased through the Site during the prior six (6) months or (ii) ten dollars ($10).

INDEMNITY

You agree to defend, indemnify and hold harmless The Modern Canine, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney”s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your content and information, (iii) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third party right by materials created by The Modern Canine) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

GOVERNING LAW

The laws of the State of California shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN SAN MATEO COUNTY, CALIFORNIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SITE.

Any claims asserted by you in connection with the Site must be asserted in writing to The Modern Canine within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

SEVERABILITY

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

WAIVER; REMEDIES

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

CONTACT INFORMATION

If you have any questions you may contact us at info [at] themoderncanine.com

EFFECTIVE DATE

These Terms of Use were last updated on Aug 1, 2010.