User Terms and Conditions
1. Your commitment
BY USING AND/OR VISITING THIS WEBSITE YOU GIVE NOTICE TO YOUR CONSENTMENT IN RESPECTING
TERMS AND CONDITIONS (the "service limits"), AND WHICH ARE INCORPORATED
HEREIN BY REFERENCE. If you disagree with these terms, please do not use Mydog.TV.
2. The Mydog.TV website
These terms and conditions apply to all users of the Mydog.TV website, including
users that contribute to visual content, to information, or all other materials
or service offered on the Web site. The Web site of Mydog.TV may contain links
to other Web sites of tiers which are not proprietary to Mydog.TV nor are they
controlled by Mydog.TV. Mydog.TV has no power over the latter, and assumes no
responsibility for content, policies on private life or practices of any third
party Web sites. Also, Mydog.TV cannot censor or edit content of third party Web
sites. By using our Web site, you liberate Mydog.TV of all responsibility resulting
of your usage of any other Web site. Consequently, we encourage to notice when
you leave the Mydog.TV Web site and read terms and conditions, and policies on
private life of all other Web sites that you visit thereafter.
3. Web site access
Mydog.TV permits you to use this Web site according to user terms and conditions,
as long as:
- your usage of the Web site is for personal use only and non commercial;
- you will not copy nor distribute any part of the Web site in any other media
without prior written consent from Mydog.TV ;
- you will not change or modify any part of the Web site unless it is reasonably
necessary to use the Web site for its intended use; and;
- you will conform consequently to terms and conditions of these service limits.
- In order to have access to whatever service on the Web site, you will need to
create an account. You can never use the account of another person without authorization.
By creating an account, you will need to provide precise and complete information.
You are the sole responsible of all activity taking place in your account and
you must keep your password confidential. You must inform Mydog.TV immediately
of any security breach or unauthorized use of your account. While Mydog.TV is
not responsible for unprovoked losses from any unauthorized use of your account,
you could be responsible for losses incurred by Mydog.TV or by other persons following
such an unauthorized use.
- You agree to not use or not exploit any automated system, including and not
limited to, 'robots', 'spywares', 'differed players' etc. which accesses the Web
site in order to send more requests to the Mydog.TV server in a timeframe in which
a human can reasonably produce in the same timeframe using a conventional navigator.
Nonetheless, Mydog.TV confers upon search engine operators to use 'robots' to
copy content on the site with the sole purpose to create public indexes for search
engines, for contents, but not for hiding contents nor creating archives of such
contents. Mydog.TV reserves the right to unilaterally remove these exceptions
or in specific cases. You agree to not assemble any identifiable personal information,
including account names, the Web site, nor to use communication systems contained
in the Web site for any commercial solicitation. You agree not to solicitate,
for commercial purposes, any user of the Web site in respect to the service terms
and conditions.
4. Rights to intellectual property
The content of the Mydog.TV Web site, with the exception of all content submitted
by users (as defined below) including and not limited to, texts, softwares, manuscripts,
graphics, photos, sounds, music, videos, devices and interactive likenesses ('content')
and registered trademarks, service trademarks and logos contained it the site
('brands') is the propriety or is registered to Mydog.TV, and is subject to the
laws of copyrights and to other intellectual property conventions in Italy and
to international law conventions. The content on the Web site is presented AS
IS, for information purposes and for personal use only, and cannot be employed,
copied, reproduced, distributed, transmitted, emitted, shown, sold, authorized,
or otherwise exploited in any way whatsoever without prior written consent by
respective owners. Mydog.TV reserves all unconfirmed rights in the Website and
content. You agree to not commit to using, copying, or distributing any content
other than expressly permitted herein, including any use, copy, or distribution
of content submitted by users, by the Website, for commercial exploitation. If
you download or print a copy of content for your personal use, you must respect
all copyrights and other rules on industrial property of said contents. You agree
to not prevent, neutralize or interfere with devices related by security of the
Mydog.TV Website or devices that restrains or limits the use or copying of any
content or by imposing limits on usage of the Mydog.TV Website or content within.
5. User-submitted content
" The Mydog.TV Website can now or in the future enable submissions of videos
or other contents submitted by yourself or other users ('user submissions') and
the hosting, sharing and/or publication of such user submissions. You understand
that if such user submissions are published, Mydog.TV does not guaranty confidentiality
concerning any submissions.
" You are the sole responsible of your own user submissions and of consequences
related to their publication. With these user submissions, you affirm, represent
and/or guaranty that: (i) you possess or have permits, rights, consent and necessary
permissions to use these contents and authorize Mydog.TV to employ patents, registered
trademarks, commercial secrets, copyrights or other intellectual property rights
in and for all user submission order to permit inclusion and utilisation of user
submissions in the manner contemplated on the Website and service limits; and
(ii) you have consent, and/or written permission of each individually identifiable
person in your content submitted to using names or identities of each of these
persons to permit inclusion and utilisation of user submissions in the manner
contemplated on the Website in respect to user terms and conditions. To clarify
the situation, you remain sole owner of all your user submissions. However, by
publishing user submissions on Mydog.TV, you give to Mydog.TV a worldwide permit,
non exclusive, without dues, nor licence of exploitation, of reproduction, distribute,
prepare derived content, to display, contents submitted in liaison with the Website
and Mydog.TV (and its successor) of its derivatives, including but not limited
to the latter to promote and redistribute a part or all Website of Mydog.TV (and
its derivatives) in all media formats and by any media channels. You also agree
to give to each user of the Mydog.TV Website a non exclusive permission to have
access to your contents submitted on the Website, and to use, reproduce, distribute,
prepare derived content and to display such authorized submitted contents according
to user terms and conditions of this Website. This permission that you give us
ends when you delete or remove content submitted on the Mydog.TV Website.
" In relation to your submitted contents, you agree that :
- you will not submit material which is protected by copyright, by commercial
secret or otherwise subject to rights of tier property, including advertising
rights, unless you are not the owner of such rights or used to have permission
from their legitimate owners to publish the material and give Mydog.TV all rights
aforementioned;
- you will not submit erroneous declarations which could be defamatory to Mydog.TV
or any other tier ;
- you will not submit material which is deemed illegal, obscene, defamatory, menacing,
pornographic, harassing, gross, racially or ethnically offensive, or that encourages
conduct considered to be criminally offensive, provokes social responsibility,
violates any law, or is otherwise inadequate;
- you will not submit any advertisement or business solicitations:
- you will not submit any content personifying another person than yourself. Mydog.TV
does not approve any content submitted nor any opinion, recommendation, or advice
expressed by a user, and Mydog.TV denies formally all responsibilities connected
with submitted contents. Mydog.TV does not allow the violation of copyrights or
all other activity against intellectual property on its Website, and Mydog.TV
will remove all content or user violating intellectual property rights of another
person. Mydog.TV reserves the right to remove certain contents submitted by users,
without prior warning. Mydog.TV will also remove access to a user to its website,
if the latter repetitively violates the rules mentioned above. We mean repetitive
violation a user who was warned more than two (2) times or had content removed
more than two (2) times. Mydog.TV also reserves the right to decide if user submitted
content is appropriate and conforms to the service limits against violations other
than copyright infringement and material violations under a law on intellectual
property, but is not limited to, pornography, obscene or defamatory content, or
of an excessive length. Mydog.TV can remove such contents and/or close a user
account for downloading materials violating these service limits at any time,
without warning, and at its unique discretion.
" Furthermore, if you are the owner of content or manager of the aforementioned,
and you believe that whatever content submitted by a user or all other content
offends your copyrights, you can submit to us an advisory as per the Digital Millennium
Copyright Act ("DMCA") by providing in written form the following information
to our agent in charge of copyrights : (see 17 U.S.C 512(c)(3) for more details)
:
- A physical or electronic signature of a person authorized to act on behalf of
the exclusive owner of content who's copyright was violated ;
- Identification of the protected content who's copyright was admittedly violated,
or, if multiple protected contents by copyright on another website or medium are
used, a representative list of these contents will be required;
- Identification of violated material or about to be in a state of violation and
that needs to be removed or that access needs to be restricted and all reasonably
sufficient information which will enable the service provider to locate the material;
- All reasonably sufficient information enabling the service provider to contact
you, such as an address, a telephone number, and, if available, an email address
;
- A formal declaration stating that you believe in all honesty that usage of material
in question is not authorized by the owner of copyright, by the manager, or by
law ; and
- A formal declaration that information in the present advisory is exact, and
under reserve of the perjury, that you are authorized to act on behalf of the
owner of the copyright submitted as violated.
" Concerning copyrights, all inquiries of retraction, comments, inquiries
for technical support and other communications must be directed to the Customer
Service of Mydog.TV.
- You understand that by using the Mydog.TV, you expose yourself to rules relative
to contents submitted by users in many different ways, and that Mydog.TV cannot
be held responsible of the exactness, usefulness, security, or of intellectual
property rights or concerning such user submissions. You understand and recognize
that you can be exposed to to content submitted by users that can be imprecise,
offensive, indecent, or reprehensible, and you accept to renounce to any legal
measures or solutions of the sort that you have undertaken or can undertake against
Mydog.TV with respect to conditions enumerated above, and accept to guaranty and
hold Mydog.TV, owners, affiliates and/or partners, innocent to the highest degree
as permitted by law concerning all affairs met during your usage of this website.|
- Mydog.TV lets you create hyperlinks towards content on the Website for personal
reasons and non commercial only. Also, Mydog.TV supplies a device for 'mobile
players', that you can incorporate into your own Websites for personal use and
non commercial, to facilitate access to content on the Website, providing that
you include an easy to see hyperlink towards the Mydog.TV Website to pages containing
the mobile player. Mydog.TV reserves the right to cesse any aspect of the Mydog.TV
website at any time.
6. Legal Guaranties
YOU AGREE THAT THE USAGE OF THE Mydog.TV WEBSITE IS AT YOUR UNIQUE RISK. UP TO
THE HIGHEST DEGREE OF THE LAW, Mydog.TV , ITS ADMINISTRATORS, DIRECTORS, EMPLOYEES,
AND ALL OTHER AGENT REJECTS ALL RESPONSIBILITY, IMPLICITE OR EXPLICITE, RELATED
TO THE Mydog.TV WEBSITE AND YOUR USAGE, Mydog.TV OFFERS NO GUARANTY OR REPRESENTATION
CONCERNING THE EXACTNESS OR INTEGRALITY OF CONTENT FOUND ON ITS CLIENT SUBSCRIBERS'
WEBSITES OR SITES CONTAINING A HYPERLINK TOWARDS Mydog.TV AND ASSUMES NO RESPONSABILITIES
OF ANY (I) ERRORS OR INACCURACIES OF CONTENT, (II) INJURIES OR MATERIAL DAMAGES,
OF ANY KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSAGE OF OUR Mydog.TV
WEBSITE SERVICES, (III) OF ANY UNAUTHORIZED ACCESS TO OR USAGE OF OUR SECURED
SERVER AND/OR ALL PERSONAL INFORMATION AND/OR FINCANCIAL INFORMATION STORED ON
OUR WEBSITE, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR OF OUR WEBSITE
OR OF OUR Mydog.TV WEBSITE SERVICES, (V) ALL BLOGS, VIRUS, TROJAN HORSES OR OF
THE SORT CAPABLE OF BEING TRANSMITTED TO OR BY OUR WEBSITE OR OUR Mydog.TV WEBSITE
SERVICES BY ANY TIER, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGES RESULTING FROM THE PUBLICATION, SENDING BY EMAIL OR BY TRANSMISSION
OF CONTENT AVAILABLE ON Mydog.TV.
Mydog.TV DOES NOT GUARANTY, NOR ENDORSE, NOR ASSUMES ANY RESPONSABILITIES CONCERNING
A PRODUCT OR A SERVICE ANNOUNCED OR PROPOSED BY A THIRD PARTY ON THE Mydog.TV
WEBSITE, WEBSITES OF OUR CLIENT SUBSCRIBERS OR WEBSITES FROM A TIER HAVING A HYPERLINK
TOWARDS OUR WEBSITE OR CONTAINED IN AN ADVERTISEMENT BANNER OR OTHER FORM OF PUBLICITY,
AND Mydog.TV WILL NOT BE HELD RESPONSIBLE NOR WILL IT MONITOR ANY TRANSACTIONS
BETWEEN YOU AND A THIRD PARTY PROVIDER OF A SERVICE OR PRODUCT. AS WITH ALL PURCHASES
OF A PRODUCT OR SERVICE IN ANY ENVIRONMENT OR ANY PLACE, YOU MUST USE CAUTION
AND MAKE USE OF YOUR BETTER JUDGEMENT WHATEVER THE CASE MAY BE.
7 Limits of Guaranties
IN NO CASES WILL Mydog.TV, ITS ADMINISTRATORS, DIRECTORS, EMPLOYEES OR AGENTS,
CAN BE HELD RESPONSIBLE OF YOU OF ANY DIRECT, INDIRECT, FORTUITOUS, SPECIAL, PUNITIVE
DAMAGES, OR CONSECUTIVE DAMAGES RESULTING FROM ANY (I) ERRORS, FAULTS OR INACCURACIES
IN CONTENT, (II) INJURIES OR MATERIAL DAMAGE, OF ANY KIND WHATSOEVER, RESULTING
FROM YOUR ACCESS TO USAGE OF OUR WEBSITE, CLIENT SUBSCRIBER WEBSITES OR FROM OUR
Mydog.TV WEBSITE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USAGE OF OUR SECURED
SERVER AND/OR ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED WITHING,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITEAND OF
OUR WEB SERVICES, (V) ALL BLOGS, VIRUS, TROJAN HORSES OR OF THE SORT, CAPABLE
OF BEING TRANSIMITTED EITHER BY OUR WEBSITE OR BY ANY TIER, AND/OR, (VI) ALL ERRORS
OR OMISSIONS IN ANY CONTENT OF FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM
YOUR USAGE OF ANY CONTENT, WHETHER PUBLISHED, TRANSMITTED BY EMAIL, OR MADE OTHERWISE
AVAILABLE BY THE INTERMEDIARY OF THE Mydog.TV WEBSITE, CLIENT SUBSCRIBER WEBSITES
AND FROM OUR VIDEO AND BLOG CREATION SERVICES, NO MATTER WHAT LEGAL GUARANTIES,
CONTRACTS, OR OTHER LEGAL CONCEPT, AND NO MATTER IF THE COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR NOT. THE RESPONSIBILITY IS LIMITED TO THE
HIGHEST APPLICABLE JURISDICTIONS, YOU EXPLICITALLY RECOGNIZE THAT Mydog.TV IS
NOT RESPONSIBLE FOR CONTENT THAT CAN BE DIFAMATORY IN NATURE, OR CAUSE INJURY,
OR ILLEGALY SUBMITTED BY A USER AND THAT THE RISK OF CHOC OR DAMAGE IS ENTIRELY
IN YOUR HANDS.
The Mydog.TV WEBSITE website creation service is controlled and offered by Mydog.TV
from its equipment located in Canada. Mydog.TV does not affirm any representation
that the Mydog.TV website is appropriate or available for usage in other areas.
Those having access or utilizing the website and its Mydog.TV WEBSITE services
from Mydog.TV in other judiciary districts do so of their own free will and are
responsible for conforming to local laws.
8. Indemnity
You accept to defend and guaranty to hold Mydog.TV, its affiliate societies, administrators,
directors, employees and agents, innocent to and against all claims, damages,
commitments, losses, responsabilities, costs or debts and expenses (including
but not limited to lawer fees) incurred from : (i) your use of or your access
to the Mydog.TV website; (ii) your violation of any term in this User Terms and
Conditions; (iii) your violation of all third party rights, including but not
limited to copyrights, property of others, or respect of privacy; (iv) all declaration
that one of your submissions may have caused damages to a tier. This commitment
to defend Mydog.TV will survive to User terms and conditions and your usage of
the Mydog.TV Website.
9. Ability to accept these User Terms and Conditions You confirm that you
are aged 18 years of age or older, or a minor legaly emancipated, or that you
have parental or legal tutor consent, and are entirely capable and competent to
respect modalities, conditions, commitments, affirmations, representations, and
guaranties determined by the user terms and conditions of the site, and to respect
and conform to these service limits. In all cases, you affirm being aged over
13, since the Mydog.TV Website is not conceived for children under the age of
13. If you are aged under 13, please do not visit the Mydog.TV website. Many other
websites are more appropriate for you. We invite you to discuss this with your
parents or legal tutor in order to determine which sites are more appropriate
for you. These service terms and conditions, nor any right and permission given
herein, can be transferred or assigned by you, but can be assigned by Mydog.TV
without any restriction.
10. General
You agree that:
1. (i) the Mydog.TV website is considered uniquely based in Italy; and
2. (ii) the Mydog.TV website is considered to be a passive website which does
not submit itself to civil law concerning Mydog.TV, in specific or general cases,
to no jurisdiction other that than of the State of Italy.
These service limitations are mediated by the internal laws of the state of Italy,
with no disrespect to its principles and laws. All claims or litigations between
you and Mydog.TV resulting partially or entirely from the Mydog.TV website or
of its Client Subscriber websites will be heard exclusively in a competent jurisdiction
court located in Toronto, in the province of Ontario. These service limitations
and all other legal advisories published by Mydog.TV on its website, will constitute
a final agreement between you and Mydog.TV concerning the Mydog.TV website. If
any part of these terms and conditions of service is considered inadmissible by
a competent jurisdiction court, the inadmissibility of such a disposition will
not affect the validity of remaining dispositions of these terms and conditions
of service, and will remain in full effect. No uprising of any limits of these
terms and conditions of service will be considered as acceptable, and all failings
by Mydog.TV concerning the terms will not constitute a valid reason to lift any
right or disposition. Mydog.TV reserves the right to modify these terms and conditions
of service at any time and without notice, and it is your full responsibility
to review these terms and conditions of service at any time to get acquainted
with these modifications. Your usage of the Mydog.TV website after any amendment
of these limits of service will signify your consent as well as your acceptance
of these revised limits. Mydog.TV AND YOU BOTH AGREE THAT ALL LEGAL PROCEDURES
COMING FROM OR RELATED TO THE Mydog.TV website or Mydog.TV and blog creation website
creation service MUST BEGIN LESS THAN ONE (1) YEAR AFTER THE EVENT TOOK PLACE,
OTHERWISE, SUCH AN ACTION OF JUSTICE WILL BE CONSIDERED MOOT.