This Agreement ("Agreement") is by and between maltesedog.com, Inc. ("maltesedog.com", "We" or "Us") and You, Your heirs, agents, successors and assigns ("You", "Your" or "User") and is effective upon the earlier of: (i) Your first use of the Site for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement.
1. Modification of This Agreement
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective at 12:01 am on the Effective Date, which in most cases will be no less than 30 days after the amended terms are initially posted on the Site. The posting date and effective date for this Agreement are noted at the bottom of this document.
2. Eligible Users
Use of the Site and Services is restricted to persons: at least 18 years old or a legitimate business entity officially registered in your respective region. If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement. If You are not yet 18, do not have the capacity to enter into contracts, if You are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, You do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, the parent or guardian should email maltesedog.com at email@example.com to make arrangements, although no such access can be guaranteed.
Accessing maltesedog.com's services, products or contents available on our Site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this Site, from places where their contents are illegal, is prohibited. Those who choose to access our Site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.
3. Acceptable Use
3.1. User Accounts
If You violate the Acceptable Use terms described herein, maltesedog.com may, in its sole discretion, with or without notice, terminate Your access to the Site and Services. You may only have one (1) user account with maltesedog.com at any time. Your right to use the Site is personal to You. To qualify to use the Services you must provide a valid and current mailing address, phone number, and email address if and where requested. Furthermore, should maltesedog.com provide you with a free email address, maltesedog.com reserves the right to forbid the use of that email addresses for any purpose which is illegal or otherwise contrary to ordinary standards of fair dealing and customary use.
As a condition of Your use of the Site, You warrant to maltesedog.com that You will not use the Site for any purpose that is unlawful, or prohibited by this Agreement. Prohibited uses include, but are not limited to: competitive analysis (including but not limited to copying and/or providing screen shots, which are copyrighted material owned by maltesedog.com); data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party.
In addition, You hereby represent and warrant that: (a) You are an eligible user; (b) You have provided accurate and complete information in connection with Your registration and use of the Site (all such information collectively referred to as "Your Information"), and (c) You will update maltesedog.com to ensure that Your Information remains accurate and complete.
3.2. Use of the Site and Services
You may not use the Site or the Services provided through or in connection with the Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, control such rights or have received all necessary consents for Your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks," "hacks," or other programs written to defeat the security measures of any computer, system or programs); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) You cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause maltesedog.com to violate any law, statute or regulation; (e)harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a Domain in connection with Your use of the Site that is confusing or misleading to other Users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any "junk email," "Spam," "chain letters," "pyramid schemes," or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (i) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or (j) violate any applicable government laws or regulations. maltesedog.com does not condone or allow Spam. maltesedog.com will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Acceptable Use Policy.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, You remain solely responsible for Your Information.
You agree not to share any information provided to You by or on behalf of maltesedog.com with any third party except as expressly permitted herein. If You sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by maltesedog.com via the Site or offered by the Site, You may not: (a) use or acquire, or have any other person use or acquire on Your behalf, the products or services of the Services or the Site for which You offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with Your use of the Services or the Site.
maltesedog.com is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, maltesedog.com reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in maltesedog.com's sole discretion, without notice at any time.
3.4. Violations of Acceptable Use
maltesedog.com may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice. You are responsible for safeguarding the confidentiality of Your password(s) and login name(s) issued to You by maltesedog.com, and for any use or misuse of Your account or the Services or the Site resulting from any third party using a password or login name issued to You.
You agree that You will notify maltesedog.com immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.
4. maltesedog.com Fees
Except as otherwise noted and agreed by You and maltesedog.com, creating a user account with maltesedog.com is free. Upon prior agreement with You, we do charge fees for certain Services and You are given an opportunity to review and accept the fees that will be charged in connection with such Services. You are responsible for all applicable taxes required by law, costs, hardware, software, services and all other costs and expenses related to the Services or Your activity conducted through the Site. maltesedog.com may, in its sole discretion, add, delete or change any of the Services provided or fees charged by maltesedog.com. No advance notice is required for any prospectively-effective change in Services offered or fees charged therefore. Unless otherwise stated, all fees and currency amounts are quoted in US Dollars.
5. maltesedog.com Services and Applicable Terms
5.1. Description of Service
maltesedog.com provides to its users a variety of free Services consisting primarily of informational services associated with fine dining including, but not limited to, restaurant guides and directories, restaurant reviews, special offers, community features, user feedback, and similar features and functionality. We reserve the right to change the nature and composition of those free Services available to users at any time. maltesedog.com also provides certain paid Services to users upon the prior agreement of those users. We reserve the right to change the nature and pricing of those paid Services upon prior notice to users and pursuant to the terms of this Agreement.
5.2. Payment of Fees
You agree to promptly pay any maltesedog.com Fees (as set forth above in Section 4) incurred as part of your use of paid Services pursuant to the pricing terms then in effect. You agree You will pay for those paid Services in the manner requested by maltesedog.com. In the event you payment is dishonored or otherwise denied in some manner by a third-party payment processor, You agree you will promptly provide an alternate and replacement payment using a payment manner approved by maltesedog.com.
5.3. User Obligations
Users who utilize the Service are obligated and solely responsible for verifying that their use of the Service with his/her domain names does not and will not violate the rights of any third parties, including, but not limited to, trademark rights, naming rights, and rights protected by unfair competition laws. In addition, should User receive notice from a third party regarding their use of maltesedog.com Service the User is obligated to immediately contact maltesedog.com and provide any material related to such notice.
YOU HEREBY INDEMNIFY maltesedog.com IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST maltesedog.com IN RELATION TO SELLER'S VIOLATION OF THESE OBLIGATIONS.
5.4. Notice of Potential Violation of Third Party Rights
In the event that maltesedog.com has been notified by a third party that User's use of the maltesedog.com Service may infringe the rights of a third party, maltesedog.com reserves the right to immediately suspend the maltesedog.com Service without prior notice and to prohibit the User from using the affected domain name with the maltesedog.com Service.
5.5. Advertising Keywords
Users who use the maltesedog.com Service are given the opportunity to select keywords for each of his/her sites and modules. maltesedog.com reserves the right to examine, change and/or disable keywords at any time, without notice, and at its sole discretion to ensure relevancy in relation to the respective sites.
5.6. Right to Terminate Service
maltesedog.com and User reserve the right to terminate provision of the maltesedog.com Service at any time, without notice or reason.
5. 7. Limitation of Liability and Warranty Disclaimer
maltesedog.com does not guarantee the success of any content and advertising links displayed on a users sites. Furthermore, maltesedog.com does not guarantee any specific engagement rates, cost-per-click prices, cost-per-action prices, or cost-per-impression prices on its widgets, which User hereby recognizes fluctuate dependent upon market forces. maltesedog.com's statistics are provided directly from revenue partner reports, and maltesedog.com makes no guarantee as to their accuracy.
maltesedog.com IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY PARTNERS OR ADVERTISERS THROUGH THE maltesedog.com SERVICE. maltesedog.com AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.
5. 8. Intellectual Property
maltesedog.com, its content partners, and its advertising providers maintain all right, title and interest, including without limitation all Intellectual Property Rights relating to the maltesedog.com Service. Any rights not expressly granted herein are reserved. User shall not, and shall not allow any third party to: (a) modify, adapt, translate, prepare derivative works from, decompile (accept to the extent allowed by law), reverse engineer, disassemble, or otherwise attempt to derive source code from the maltesedog.com Service, the advertising links, or any other technology or documentation obtained from the maltesedog.com Service; (b) crawl, index or in any non-transitory manner store or cache information obtained from the maltesedog.com Service; or (c) engage in any action or practice that reflects poorly on maltesedog.com or its advertising partner. User represents and warrants that all required licenses for content provided by User on Users site have been acquired and no rights of third parties, including, but not limited to, trademarks, copyrights, proprietary rights, or other applicable laws are violated.
THE USER HEREBY INDEMNIFIES maltesedog.com IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST maltesedog.com IN RELATION TO SELLER'S VIOLATION OF THESE OBLIGATIONS.
6. Liability Disclaimer and Indemnification
maltesedog.com is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site via hyperlink, whether such hyperlink is provided by maltesedog.com or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the maltesedog.com Site. By providing access to other web Sites, neither maltesedog.com nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site's sponsoring organization.
YOU AGREE THAT USE OF maltesedog.com'S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. maltesedog.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. maltesedog.com MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES maltesedog.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY maltesedog.com IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM maltesedog.com OR THROUGH THE SERVICES PROVIDED BY maltesedog.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or maltesedog.com's products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
IN NO EVENT SHALL maltesedog.com, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). maltesedog.com'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD maltesedog.com AND (AS APPLICABLE) maltesedog.com'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
7. Content Terms and Conditions
By placing Content on Your site, You grant maltesedog.com a worldwide, royalty-free, and non-exclusive license to use such Content, for as long as your site is displayed within the maltesedog.com Direct Navigation Network of sites including, but not limited to: reproduce, display, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Your site on maltesedog.com. maltesedog.com may preserve and store Content, and may also disclose Content if required to do so by law or if maltesedog.com believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of maltesedog.com, its users and the public.
Each maltesedog.com user will be fully responsible for all Content that is uploaded, posted, transmitted or otherwise made available by the maltesedog.com user on his or her site. maltesedog.com cannot guarantee the accuracy, integrity or quality of such Content. maltesedog.com does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content displayed on a site within the maltesedog.com Direct Navigation Network for any reason, including Content that may violate these Terms, or that is otherwise objectionable. maltesedog.com also cannot take responsibility for anything that Your site visitors may do in reliance on the Content You post in your site.
You authorize maltesedog.com to represent the site as being part of the maltesedog.com Direct Navigation Network (or as may be otherwise described by maltesedog.com). This includes including traffic and revenues in a cumulated form with other sites within the maltesedog.com Direct Navigation Network for business and marketing purposes.
All contents on www.maltesedog.com.com are Copyright © 2009 maltesedog.com, and/or its suppliers. Further, "maltesedog.com" and "Direct Navigation Network" are registered trademarks of maltesedog.com, . The names of other companies and products mentioned herein may be the trademarks of their respective owners. All rights not expressly granted herein are fully reserved by maltesedog.com, its affiliates, advertisers, and licensors.
8. Term and Termination
Until and unless terminated by You or maltesedog.com, Your status as an eligible or registered user will continue indefinitely, and fees for services will be charged as described herein (see Section 4, Fees). maltesedog.com may terminate this Agreement and Your access to the Site and related Services at any time, with or without cause, and with or without notice.
Upon termination of Your right to use the Site, You will no longer have access to any data or information You had previously created, maintained, managed, or stored in the Site or maltesedog.com's systems. maltesedog.com is under no obligation to maintain any such data or information.
Your obligations pursuant to Section 3 (Acceptable Use), Section 4 (Fees), Section 6 (Liability Disclaimer and Indemnification), Section 7 (Content Terms and Conditions), Section 8 (Term and Termination), and Section 9 (General) shall survive the termination of this Agreement and Your right to use the Site.
You hereby consent to the jurisdiction of, and venue in, courts located in Clark County, Nevada, USA in all disputes arising out of or relating to the Services, the user site(s), or any business arrangements between You and maltesedog.com . In addition, You hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by You against maltesedog.com or its affiliates in any dispute arising out of or relating to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between You and maltesedog.com as a result of this Agreement or use of the Site. maltesedog.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of maltesedog.com's right or obligation to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by maltesedog.com with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and maltesedog.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and maltesedog.com with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of maltesedog.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense Your rights hereunder to any third party. At any time, maltesedog.com may, in its sole discretion and without providing notice or obtaining Your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.
10. maltesedog.com Contact Information
PO Box 52686
Bellevue, WA 98015
Effective Date: May 15, 2010
Posting Date: May 15, 2010