TERMS AND CONDITIONS
Last modified on December 1, 2009
This website is operated by Victoria Stilwell Enterprises, LLC. (“VSE”). VSE is committed to providing information about positive reinforcement dog training as well as information and activities relating to Victoria Stilwell on the positively.com website (the “Site”). Our content includes dog training information, tips, news, links to other dog-related organizations, photos, video and interactive communications with our users. While we encourage the interactive nature of our website, we strive to promote online safety. All materials sent to us either electronically or via regular mail will be reviewed prior to posting on this site. Moreover, we will not post any materials submitted unless the user sending us such materials is over 18 and has indicated his/her acceptance of our Material License Agreement, which must be accepted by an adult over the age of 18. A user can request their materials be removed from the website at any time by contacting us here [email link to [email protected]].
Access, distribution and/or use of to this Site is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Site would be deemed illegal by governing law, such access, distribution and/or use is prohibited. By visiting any area on the VSE Site, you are deemed to have accepted these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, please do not use this Site.
Use of Materials
All material on this Site, including but not limited to images, video, text, logos and trademarks, along with the overall “look and feel” of the website (collectively referred to as the “Material”), is protected under various intellectual property laws and owned or controlled by VSE, or used with permission of the owner(s) of such Material.
Except as otherwise indicated on this website, copying, reproduction, uploading, downloading, transmitting or any other use of this site or of any of the Material, in whole or part, without the express permission of VSE, is prohibited. You may, however, copy, reproduce, download, transmit and/or print individual pages contained on this Site for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed. You may not copy, reproduce, download transmit and/or print substantial portions of this Site or of the Material contained hereon without the express written permission of VSE. Any unauthorized use of this Site and/or the Material contained hereon may subject the user to criminal prosecution and/or civil liability under applicable law.
The Website may contain links to various other web sites. Access to and use of such other websites is at your own risk and subject to any terms, conditions and privacy policies that govern such websites, which may be different from those of VSE and/or may provide their users with less security than the positively.com website. By providing such links, VSE shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. VSE is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations.
User Submitted Content
On certain sections of this Site, you may be permitted to post comments, information, advice, photographs or other materials (“User Content”). With any submission of User Content to this site, you must read and agree to VSE’s Terms and Conditions. You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that VSE has no responsibility for any User Content posted at this Site and will not be liable for any User Content that is in violation of these Terms and Conditions.
With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this Site (including but not limited to all copyright and right of publicity/privacy rights), and to grant, and hereby do grant, VSE and all other users of this Site a world-wide, non-exclusive, perpetual, royalty-free license that can be fully assigned and sub-licensed, to use such User Content, in whole or in part, throughout the world forever in all media now known or hereafter developed, including on the Internet and in advertising and promotion of VSE. Without limiting the foregoing, such license permits VSE to publicly display, publicly perform, distribute, and reproduce the User Content, in whole or in part, alone or with other material on or via the Internet, including without limitation, any VSE authorized online and offline receiving and playback devices by any means of transmission now known or hereafter devised. You further grant VSE the right to use your User Content, likeness, biographical information, logos, marks or trade names, or other information provided or obtained, including without limitation, the right to publicly display, publicly perform, distribute, and reproduce such excerpts of your User Content, for purposes of advertising or promoting VSE, its products and/or services; (ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the terms and conditions of use of this Site; (iii) no money will be owing to any party as a result of the posting of the User Content or its use as contemplated herein; (iv) you will be responsible for all User Content submitted through your email access, and for all purposes under these Terms and Conditions, all submissions from your account shall be deemed to have been submitted by you; and (v) you are 18 or older.
VSE has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under this Agreement, at law or in equity, VSE reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content; (ii) revoke any user’s right to use this Site. VSE is under no obligation to use, exhibit, perform, distribute, post, or otherwise exploit your User Content; without limitation of the foregoing, VSE may edit, alter, post, decline to post, remove, discard or delete your User Content at anytime with no further notice.
Any User Content sought to be posted at the Site must conform, in the sole and exclusive opinion of VSE, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the Site; (ii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iii) not provide personal information, or solicit such information from any other user of the Site; (iv) not involve or result in the transmission of junk email, unsolicited mass emailings, “spamming,” “spimming” or “phishing;” (v) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (vi) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by this Site; and (vii) be only for non-commercial purposes.
VSE may, at no cost or expense to you, process your Material for playback over the Internet or direct playback on prepared files. VSE shall have and retain all right, title, and interest in and to the data resulting from such processing ("Digital Files"), including without limitation, encoding, compressing, formatting and processing of audio and video data. VSE agrees that its use of the Digital Files will be in accordance with this Agreement.
Copyright Infringement Policy
VSE values intellectual property and respects the intellectual property rights of others, and will remove materials on its Site that infringe the copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this website, then pursuant to Title 17, United States Code, §512, you may notify VSE’s Designated Agent in writing as follows:
Name of Designated Agent: Van Zeiler, Designated Agent
In your notice, you must include the following:
(i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;
(iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow VSE to locate such materials;
(iv) contact information (i.e., name, address, email address) sufficient to enable VSE to contact you;
(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law;
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
Limitation of Liability and Use Disclaimer
VSE is not responsible for any damages or loss related to the use of this site. THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. VSE RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. VSE SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, VSE’s liability is limited to the greatest extent allowable under applicable law.
Transmitting and Downloading
VSE is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.
VSE does not warrant or represent that this Site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.
By using this Site, you agree that you will be responsible for maintaining the confidentiality of any password and account information you may provide, and that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.
You agree to indemnify, defend and hold harmless VSE, its parent, subsidiaries and affiliated entities and each of their respective officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys fees) arising from or in connection with: (i) your use of the Site; (ii) your violation of these Terms and Conditions; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and obligation to indemnify VSE shall survive beyond any term that these Terms and Conditions are in effect.
When you communicate with VSE electronically, via email or otherwise, you consent to receive electronic communications from VSE. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by VSE satisfy any legal requirement that such communication be in writing.
Changes in Policy
From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions of Use at this site. Please review these Terms and Conditions of Use often so that you will remain abreast of our current policies. Your use of this site subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms.
These Terms and Conditions of Use were last updated on 12/01/09 and are effective immediately.
Acquisition of Business
In the event that VSE is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this site and all of VSE’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, VSE will post a notice to such effect on this website.
Applicable Law/Dispute Procedures
Use of this site and these Terms and Conditions shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions. Any dispute concerning your use of this site shall be submitted to binding arbitration in Georgia within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms and Conditions shall be joined to any other arbitration initiated pursuant to these Terms and Conditions.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, VSE may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of Georgia, in the event that VSE believes that there is a violation or threatened violation of any intellectual property rights of VSE or of any third party, and you hereby consent to the exclusive jurisdiction and venue of such courts.
If any portion of these Terms and Conditions are deemed to be invalid, prohibited or unenforceable in any jurisdiction for any reason unless narrowed by construction, such term or condition shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable term or condition had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such term or condition enforceable in such jurisdiction, and such term or condition shall then be applicable in such modified form). If, notwithstanding the foregoing, any such term or condition would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such term or condition, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining Terms and Conditions. No narrowed construction, court-modification or invalidation of any term or condition shall affect the construction, validity or enforceability of such term or condition in any other jurisdiction.
No waiver by VSE of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and VSE’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
TM and Copyright 2009 Victoria Stilwell Enterprises, LLC. All rights reserved.