Legal & Privacy Info
TERMS AND CONDITIONS OF USE
1. USER AGREEMENT
2. ONLINE CONDUCT
You agree and acknowledge that the Web Site and any community areas including but not limited to blogs, message boards, etc. (“Community Areas”) on the Web Site are public and not private communications. Web site users (“Users”) shall use the Web Site for lawful purposes only. Any statement, action, or opinion that you make shall be your own and does not represent Doogtoons’s views or opinions. You agree that we shall be neither responsible nor liable for any statement, action, or opinion made by you or any third party in such Community Areas. While we cannot review every Community Area or the placement of every link, and are not responsible for the content or the placement of any link to another site, we reserve the right to delete, move or edit content, or blogs or have such links removed if they are inaccurate, abusive, defamatory, obscene, in violation of an existing copyright or otherwise unacceptable in their nature or placement.
Doogtoons promotes and supports active and open debate among its visitors but we ask that any posting you post be done in a lawful and civil manner – be it posting on message boards, blogs or other Community Areas or using our systems to email or message other members directly (“User Content”). Accordingly, you agree to use Doogtoons site for lawful purposes only.
You may not use Doogtoons Web Site to: Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person; Post or transmit any material that you don’t have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements); Post, transmit, or link to sexually explicit material; Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity; Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes; Intentionally violate any other applicable law or regulation while accessing and using the Doogtoons’s site; Post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone else’s computer.
Doogtoons may at any time, without prior notice and at our sole discretion, remove any post for violating the above provisions. As stated in Section 8 below, you agree to indemnify Doogtoons and hold us harmless from any actions, claims, proceedings, or liabilities arising out of your violation of these Terms. You’re responsible for all statements made and acts that occur through the use of this Web Site.
Doogtoons does not claim ownership of User Content. However, you hereby grant Doogtoons a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content and to incorporate User Content in other works in any form, media, or technology now known or later developed.
3. USER PRIVACY
4. USER INPUT
We welcome any User suggestions to assist us in providing new information and services to our users. While we will endeavor to review your suggestions, we may not be able to adequately respond to messages suggesting new ideas. You hereby agree that any idea that you may convey to us shall become our sole and exclusive property and that we will have no liability or responsibility for providing any credit, compensation or other consideration for any idea that you may send to us or for keeping such idea confidential. Such submissions may not be acknowledged and will not be returned.
The Web Site may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties (“Content”). The Content may not be copied, duplicated, distributed, downloaded, sold or otherwise exploited by you in any way, except as
agreed to in writing by us.
6. LINKS AND ADVERTISING
From time to time, the Web Site will contain hyperlinks (“Links”) to third party web sites and/or banner advertising and/or sponsorships operated by or referring to third parties and their goods and services (“Advertising”). Such Links and Advertising are for your reference only, and we neither control such linked web sites or Advertising nor are we liable or responsible for their content. Display of such Links or Advertising on the Web Site does not imply or express any endorsement by us or any individuals or entities referred to in the Content on such linked web sites, or of such Links or Advertising, or any association with their operators. Other web sites may also have a link to our Web Site posted on their web site; you hereby acknowledge and agree that we are not responsible for the content of any such web site or the actions of any operator of any such web site.
7. COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
Our Web Site and all materials on this Web Site including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Intellectual Property”) are or may be protected under United States and worldwide copyrights, trademarks, patents or other applicable laws which are owned or licensed, in whole or in part, by us or otherwise used with permission of their respective owners. Intellectual Property or any third party trademarks, service marks, or copyrights may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from this Web Site without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Web Site or any portion thereof, or use of any of the foregoing for any other purpose constitutes an infringement of our copyrights, trademark rights or property and proprietary rights, or of the respective owners of such Intellectual Property. Any use of any portion of this Web Site on any other web site or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. You represent you are the sole author and proprietor of any information or ideas that you submit to us, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form.
If you know or become aware that any information or ideas on the Web Site submitted by any other user is protected by intellectual property laws, you agree to promptly give us notice of such infringement by the methods set forth in Section 12 of the Terms.
8. USER INDEMNITY
You agree to defend, indemnify and hold harmless, us, our affiliates, agents, employees, directors, interest holders, stockholders, officers, managers and content producers from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys’ fees and disbursements) arising out of or relating to: (i) your breach or failure of your obligations hereunder, (ii) the placement by you of a link to the Web Site on any web site or in any e- mail, or (iii) your use of the Web Site. Such indemnity shall include any costs and expenses incurred by us, including reasonable attorneys’ fees, in any actions taken to enforce this indemnity.
9. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF OURS OR ANY OF OUR OFFICERS, MANAGERS, AGENTS, DIRECTOR, AFFILIATES, INTEREST HOLDERS, STOCKHOLDERS, EMPLOYEES OR CONTENT PROVIDERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER US NOR ANY OF OUR OFFICERS, MANAGERS, INTEREST HOLDERS, AGENTS, DIRECTORS, AFFILIATES, EMPLOYEES OR CONTENT PROVIDERS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT USE OF OUR WEB SITE IS ENTIRELY AT YOUR OWN RISK. OUR WEB SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH DOOGTOONS OR THE WEB SITE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE VAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES; AND (B) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROCESS. NEITHER DOOGTOONS NOR ANY OF ITS AGENTS, AFFILIATES, OFFICERS, SHAREHOLDERS, DIRECTORS, MANAGERS, INTEREST HOLDERS, EMPLOYEES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEB SITE OR THE CONTENT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE WEB SITE OR SUBMITTED TO US.
11. CHOICE OF LAW
THE AGREEMENTS WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, APPLICABLE TO AGREEMENTS MADE AND WHOLLY PERFORMED IN THAT STATE, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF.
If you wish to contact us for any reason, please send us a message via our contact page.
Paragraph headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of the Agreements. Waiver of any breach or default under any provision of the Agreements shall not be effective unless its in writing and executed by us, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision. The Agreements constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Web Site. If any provision of the Agreements is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreements shall continue in full force and effect. Any rights not expressly granted herein are reserved.
If you have questions or concerns regarding this statement, you should first contact us via our contact page.
I. Information Doogtoons Gathers or Tracks.
Information on general usage will be used to provide you with enhanced features such as customized content and web logs (“blogs”). The following are details of the information Doogtoons collects:
- Personal Information. Doogtoons will gather and retain only the email addresses of those who blog or otherwise post to or contact the Web Site.
- Updating Personal Information. If you changed your e-mail address from the first time you blogged or posted on the Web Site and are interested in updating your e-mail address with Doogtoons or have questions concerning your personal information please contact Doogtoons via our contact page.
- Cookies. To enhance your experience with our sites, many of our web pages use “cookies.” Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.
II. What Doogtoons Does With the Information
- Provide Services. Doogtoons may use your email address to alert you to new content on our site or offer products and services that Doogtoons believes might be of use or interest to you, and to communicate separately with you. This information will be used to make our future marketing efforts more efficient and may also be used to bring you offers of interest.
- Third Parties. We do not sell information about our visitors. Doogtoons will not transfer your personal information to another party for that party’s exclusive use apart from the use of the information by Doogtoons. We may transfer your personal information to companies that we hire that deliver products and services (third party online retailers who sell Doogtoons merchandise, shipping companies, fulfillment companies and email management companies), and sponsors from whom you have ordered or requested products. These companies will not have the ability to use the information for their own purposes but will merely use it to fulfill on our behalf. Doogtoons is not responsible for the privacy policies or practices of those other parties.
III. Who Can Use Information and How.
- Community Elements. Doogtoons has message boards and blogs available to visitors and may incorporate additional forums in the future. Please be aware that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose personal information in any of these public forums. Doogtoons does not require you to make your personal information available to the public so please exercise care when participating in these public forums. Doogtoons does not require you to make your personal information available to the public so please exercise care when participating in these public forums. Any personal information, including your email address, voluntarily disclosed by you and posted on a Doogtoons site can be viewed and used by others. If you post personal information that is accessible to the public online you may receive unsolicited messages from other parties in return.
- Correspondence. If you send Doogtoons personal correspondence, such as e-mails or letters, or if other visitors or third parties send Doogtoons correspondence about your activities or postings on a Doogtoons site, Doogtoons may collect such information into a file. No such information will be released to third parties without your consent. Any information or material disclosed or provided by you in personal correspondence to Doogtoons or in any survey conducted by Doogtoons will not be used by Doogtoons for advertising or marketing purposes without your consent but may be used for editorial purposes.
- Distribution and Display. Doogtoons will not make contact information available to the general public in any form without the consent of the visitor identified. This does not prevent or restrict Doogtoons from (i) distributing information that is already publicly available, including but not limited to information available in public telephone directories, classified ads, newspaper reports, publications, and the like, (ii) providing information as required by law, court order, or other valid legal process or (iii) displaying information in an online bulletin board, chat room, news group, or other public forum, where the information being displayed was placed there by a visitor or other third party.
IV. Content Providers
- News and Information. Doogtoons sometimes negotiates with third parties to offer visitors access to co-branded news and other information on the Doogtoons site. There is no collection of contact or other personal information in connection with the provision of such information.
- User Created Content. Please be aware that all content that you create (“User Content”) that is posted on message boards, polls, blogs or other community oriented areas (“Community Areas”) is provided for entertainment purposes and that Doogtoons may, in its sole discretion, choose to remove any such content from Community Areas if we believe that the content is inappropriate for public display. Doogtoons cannot ensure that parties who have access to the publicly available information in these Community Areas will respect your privacy so please exercise caution when deciding to disclose any personal information in these areas. Doogtoons is also not responsible for the content or business practices of web sites that are linked from these Community Areas by our visitors so please keep this in mind before clicking on any links.
- Doogtoons Rights to User Content. Doogtoons does not claim ownership of User Content. However, you hereby grant Doogtoons a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content and to incorporate User Content in other works in any form, media, or technology now known or later developed.
V. Opting In.
In order to receive exclusive content and new from the Web Site, Doogtoons provides you with the opportunity to opt-in of receiving communications (updates, information and promotions). In addition, if you decide to opt-in but later change your mind, you can always remove yourself from by following the “unsubscribe” instructions given at the bottom of all e-mail received from Doogtoons.
VI. Disclosure of Personal Information.
Doogtoons sites may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of law or comply with legal process served on Doogtoons, (b) protect and defend the rights or property of Doogtoons or the visitors of Doogtoons, or (c) protect the personal safety of visitors of Doogtoons or the public.
VII. Information Security.
All information gathered on the Doogtoons site is stored and maintained in secure facilities that limit access to authorized personnel only. Doogtoons treats data as an asset that must be protected against loss and unauthorized access. We employ security techniques to protect such data from unauthorized access by users inside and outside the company.