Terms of Use


Effective Date: 06/19/2012

Welcome to the Dogworks websites, www.dogwork.com and petadvice.dogwork.com (collectively, the "Site "), operated by PetCareRx, Inc. ("we," "us," "our," or "PetCareRx" as used herein).

Your access and use of the Site is subject to the following terms and conditions of use ("Terms") and all applicable laws. By accessing and submitting content, you accept, without limitation and qualification, the Terms as outlined in this agreement.

Acceptance and Eligibility

By using or visiting the Site or any software, data feeds, and services provided to you on, from, or through the Site (collectively the " Service") you signify your agreement to (1) these Terms and (2) PetCareRx’s Privacy Policy, found at http://www.petcarerx.com/customerservice/privacy_security.aspx#que01 and incorporated herein by reference. If you do not agree to any of these Terms or the practices discussed in PetCareRx’s Privacy Policy you should not use the Service.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. We may, in our sole discretion, modify or revise these Terms and related policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Applicability

These Terms apply to all users of the Service, including users who are also contributors of Content on the Service (as further described below). " Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of the Site, including but not limited to all products, software and services offered via the Site.

The Service may contain links to third party websites that are not owned or controlled by PetCareRx. PetCareRx has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve PetCareRx from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit, as such terms and conditions will govern your use of such third party websites.

Content Submission Guidelines

"Submission" means any Content uploaded, entered or otherwise submitted by an individual user, including but not limited to videos, text, comments, photos, an author URL, a video title or description, images, music and or other audio, to the Site.

User Submissions

You represent and warrant that (i) your Submissions consist solely of original material in which you have any and all rights that may be necessary to permit you to upload, submit or display it on the Site and to grants us all licenses and permissions granted in these Terms, (ii) your Submissions do not include items such as recordings, video, movie, television, or other picture clips which are, in whole or in part, owned by a third party, (iii) use of Submissions by us as indicated herein does not and will not infringe or violate any copyright, trademark, privacy, publicity, or contractual rights of any third party, (v) you have all required consent(s) necessary to make any Submission from any other individuals based on the reproduction of such individuals’ likeness or property (including without limitation parental consent where a person in your Submission is under 18 years of age). You agree to provide copies of such executed release/consent forms upon our request.

We reserve the right to restrict or remove any Content (including without limitation Submissions) from the Site at any time, with or without notice, and in our sole discretion. However, we are under no obligation to, and do not, monitor the Site to verify the nature or permissibility of any Submission or other Content.

Submission Payments

You acknowledge and agree that you will not be financially compensated for either your Submissions, your Submission rights nor to agreeing to the terms and conditions outlined herein.

Rights Granted

You shall be the owner of all of your Submissions. You acknowledge and agree that we do not guarantee any confidentiality of any Submissions. You shall be solely responsible for your own Submissions and the consequences of submitting and publishing the same on the Site. You hereby license to PetCareRx all patent, trademark, trade secret, copyright or other proprietary rights in and to such Submissions for publication on the Service pursuant to these Terms.

Specifically, by making a Submission, you hereby grant PetCareRx and its affiliates a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions (in whole or in part) in connection with the Service and PetCareRx’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service or the Site (and derivative works thereof) in any media formats and through any media channels and/or for purposes of Site maintenance, distribution or marketing, and backup. You also hereby grant each user of the Service a non-exclusive license to access your Submission through the Service, and to use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Service and under these Terms. You understand and agree that we may retain, display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in Submissions are perpetual and irrevocable.

You hereby waive any "moral rights" or other similar rights which may persist in your Submissions in connection with the Service.

We may cease to display, utilize, or exploit your Submission, as well as remove it, without notification to you, in our sole discretion. We may suspend, terminate and deny access to the Site or any part thereof in our sole discretion in the event that you have or have attempted to violate these Terms, with or without warning.

Copyright Takedown Procedure

Notice . If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is Melissa Alcantara 450 Park Ave. South, 9th Floor New York, NY 10016 at malcantara@petcarerx.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at http://www.petcarerx.com/AboutUs/ContactUs.aspx. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Counter-Notice . If you believe that your Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Submission, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the Submission that has been removed or to which access has been disabled and the location at which the Submission appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Submission was removed or disabled as a result of mistake or a misidentification of the Submission; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York City, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Submission or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Submission provider, member or user, the removed Submission may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.

Permissions and Restrictions

Provided you comply with these Terms in their entirety, PetCareRx grants you permission to access and use the Site and Services, provided that you specifically:

  • Agree not to distribute in any medium any part of the Service or Site without our express prior written authorization;
  • Agree not to (and to not attempt to) alter or modify any part of the Service or Site;
  • Agree not to access Content through any technology or means other than the video playback pages of the Service itself;
  • Agree not to not to use the Service for any of the following commercial uses unless you obtain our prior written approval:
    • the sale of access to the Service;
    • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
    • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service,
    • Provided, however , that prohibited commercial uses do not include recreational use of the Site or such other uses as we expressly permit in writing.
  • Agree that the Site may upload Content from your machine or device, including without limitation any author’s URL, video titles, or video descriptions you input and display the same on the Site and other PetcareRx properties as further described herein.
  • Agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Site servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content;
  • Agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  • Agree not to use the site to post or transmit any unlawful, threatening, violent, abusive, libelous, defamatory, racist, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or violate any applicable law;
  • Agree that when using the Service, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless PetCareRx, its owners, operators, affiliates, employees, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
  • Agree to comply with all applicable laws in your use of the Service; and
  • Agree that we may discontinue any aspect of the Service at any time.

Names and Likeness

When you make a Submission, you agree that PetCareRx and any of its parent companies or subsidiaries, assigns, licensees and successors may use any personally identifiable information included in your Submission, including but not limited to your name, voice, performance or activity on the Site or related websites in any way, including without limitation in advertising, marketing and promotions either in whole or in part, with or without attribution. YOU ACKNOWLEDGE AND AGREE THAT SUCH USAGE MAY REVEAL PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU TO THIRD PARTIES.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PETCARERX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PETCARERX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. PETCARERX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PETCARERX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL PETCARERX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING WITHOUT LIMITATION SUBMISSIONS), (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PETCARERX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PETCARERX SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Site is controlled and offered by PetCareRx from its facilities in the United States of America. PetCareRx makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless PetCareRx, its parent corporation, officers, directors, employees 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) your use of and access to the Site or Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Submission caused damage to us or to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service. PetCareRx shall have the right to control, upon its election in its sole discretion, the defense and settlement of any such claims, and you may not enter into any settlement or final disposition of any indemnified claims without the express written consent of PetCareRx.

General

We may assign these Terms to any third party at any time, but you may not assign your obligations under these Terms to any third party.

You agree that these Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and PetCareRx that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the County of New York, New York. These Terms, together with the Privacy Notice at [http://www.petcarerx.com/customerservice/privacy_security.aspx and any other legal notices published by PetCareRx on the Site, shall constitute the entire agreement between you and PetCareRx concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and PetCareRx‘s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. PetCareRx reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service or Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY BRING ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.