A description of our website Germanshepherdkennelclub.com,
German Shepherd Kennel Club and/or Germanshepherdkennelclub.com, we are a free
video hosting website that enables users to access, view, upload, store, share
and comment upon their personal videos. While users are granted unlimited
storage space, for bandwidth cost-control each video is limited to a
100-megabyte file size and a duration of 10 minutes. Because the website is not
designed as a video back-up service, you are responsible for taking all
necessary precautions to safeguard your video files. In accordance with
internet practice and custom, advertisements may be incorporated into the
website.
Your intellectual property rights If you have registered and
have a Germanshepherdkennelclub.com account pursuant to which you upload video
files you create, including your comments on videos, your nickname and your
avatar (Your Content) Germanshepherdkennelclub.com does not own Your Content.
By making Your Content accessible to other users (as individuals and/or as a
group), you agree to allow any users of the website - free of charge and for
personal use only - to view and transmit Your Content on or through the website
and any other electronic communication media or technology, now known or later
developed, for the entire period in which Your Content is hosted on the
website. Please note that due to the nature of the Internet and digital media,
data transmitted, including Your Content cannot be protected against the risks
of misappropriation and/or piracy, for which Germanshepherdkennelclub.com shall
not be liable. You are responsible for taking all appropriate steps to protect
your data, where applicable. In addition, for the entire period in which Your
Content is hosted, you grant Germanshepherdkennelclub.com the non-exclusive,
royalty free right and license to reproduce and display Your Content, in whole
or in part, and to display, perform, distribute and transmit the same via the
features that enable the website to be accessed both on the Internet and
through any other electronic communication media or technology, now known or
later developed, and to adjust the format of Your Content as necessary for the
purposes of reproduction, display and transmission.
Other users of the website have provided other content subject
to the Terms and other notices and policies (legal) set forth on the website.
You may access other users’ content solely: for your information and personal
use; as intended through the normal functionality of the website; and for
Streaming. "Streaming" means a digital transmission of an audiovisual
work via the Internet from the website to a user's device in such a manner that
the data is intended for real-time viewing and not intended to be copied,
stored, permanently downloaded, or redistributed by the user. Accessing users’
content for any purpose or in any manner other than Streaming is expressly
prohibited. If you wish to use another users content for any other purpose, in particular
for commercial use, you are solely responsible for obtaining the necessary
advance authorization.
The content (other than Your Content and other users' content)
included on or accessible through the website, such as text, graphics, logos,
names, designations, button icons, features, functionalities, images, audio
clips, information, data, photographs, graphs, videos, typefaces, graphics,
music, sounds, and other material and software (the
Germanshepherdkennelclub.com Content), is the exclusive property of
Germanshepherdkennelclub.com and its licensors and is protected by copyrights,
trademarks, trade secrets, or other proprietary rights and subject to
applicable laws and regulations. We grant you a personal, non-exclusive,
non-transferable and revocable right to access and use the website, which right
is conditioned on your compliance with the Terms. Germanshepherdkennelclub.com
Content may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purpose whatsoever without the prior written consent of
Germanshepherdkennelclub.com or Germanshepherdkennelclub.com licensors. You
agree to not use or exploit the Germanshepherdkennelclub.com Content in any
manner inconsistent with any of the rights granted or restrictions set forth
herein, including, without limitation, prohibitions on downloading,
redistribution, alteration, deletion and deactivation of any content protection
mechanisms. You are not allowed to modify, enhance, edit, translate, adapt,
reverse engineer, decompile, disassemble, or create derivative works based upon
or otherwise alter in part or in full any Germanshepherdkennelclub.com Content.
All rights not expressly granted in the Terms are reserved to Germanshepherdkennelclub.com
and its licensors.
We are under no legal obligation to monitor content transmitted
via or stored on the website. Our only obligations as host concern (i) the
fight against certain content in accordance with the procedure described in the
Prohibited Content section, (ii) the retention of your connection data, which
is subject to our policies on Personal Data, and (iii) the removal of all
clearly illegal content which has been effectively brought to our attention.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE
RISK AND LIABILITY. EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU AS IS WITHOUT
WARRANTY. Germanshepherdkennelclub.com, ITS AFFILIATED COMPANIES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS (THE DM PARTIES) DISCLAIM
ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW. THE DM PARTIES ALSO DISCLAIM ALL WARRANTIES, TAKE NO
RESPONSIBILITY AND ASSUME NO LIABILITY FOR THE CONTENT PRESENT ON THE WEBSITE ,
INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER,
OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON
THE WEBSITE. THE DM PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE WEBSITE
OR ITS SERVICES OR TECHNOLOGY, IN WHOLE OR IN PART, WILL BE UNINTERRUPTED,
ERROR-FREE OR SECURE, INCLUDING WITH RESPECT TO THE DELIVERY OF YOUR CONTENT
AND/OR ANY LIMITATIONS ON YOUR OR ANY OTHER USERS ABILITY TO ACCESS, VIEW OR
USE YOUR CONTENT OR ANY OTHER CONTENT, OR THAT ANY INFORMATION OBTAINED FROM
THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT NO DM PARTY SHALL BE
LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR
RESULTING FROM YOUR USE OF THE WEBSITE , IN WHOLE OR IN PART, REGARDLESS OF
WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT,
INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL ANY DM PARTY BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF
DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE
, REGARDLESS OF WHETHER ANY SUCH DM PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF
WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH
JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
You warrant that Your Content contains no child pornography;
dangerous or illegal acts (including but not limited to incitement to violence,
animal abuse or drug abuse); unlawful, obscene, defamatory or libelous
material; images of rape or abuse; images of bestiality; or any sexually
explicit content (including but not limited to intercourse, masturbation,
sadistic or masochistic abuse, explicit depiction of male or female genitalia
or pubic areas, pedophilia or necrophilia). To be clear,
Germanshepherdkennelclub.com neither wants nor tolerates such content. If Your
Content contains such content, do not upload it to the website as you are not
authorized to upload it to the website. You also warrant that Your Content (i)
does not infringe the intellectual property rights of any third party
(including but not limited to sound, music, excerpts from any animated or
non-animated television shows, short, medium-length and/or feature-length
films, advertisements or any other material that you have not created yourself
or for which you do not have the necessary clearances and permissions from
third party rights owners or copyright royalty collection organizations in such
materials); (ii) does not infringe personal rights (i.e. it is not defamatory
and does not contain insults, abuse, libel, etc.) or personal privacy
(including an individual's right to his or her image); and (iii) is not
contrary to public policy and accepted moral standards and does not display,
incite or otherwise promote illegal or immoral activity, and does not violate
any applicable laws or regulations. By uploading or disseminating images to or
through the website, you warrant that you are not uploading any infringing
material and expressly warrant that you have all necessary rights and/or
authorizations from the copyright owner(s) and have paid any royalties or other
fees pursuant to any licenses or permissions you may have with owners of copyright
royalty collection organizations. Failure to comply with these provisions may
result in Your Content being removed and/or your account being deactivated
without prior notice. In addition, Germanshepherdkennelclub.com reserves the
right to report any violation of these provisions to applicable legal
authorities and you may be personally liable to criminal sanctions applicable
to the content in question (fines and imprisonment), in addition to any
applicable civil damages. In view of the user-driven nature of the website, and
out of consideration for the general public, users are responsible for
maintaining certain ethical standards respecting the videos they upload and the
comments they post online. This video may offend link appears next to each
video player so that other users may report videos that potentially violate the
Terms or any other policy of Germanshepherdkennelclub.com.
Copyright notifications Germanshepherdkennelclub.com does not
permit copyright infringing activities and infringement of intellectual
property rights on our website, and we will remove content uploaded by users
(including Your Content), if properly notified that such content infringes on
another's intellectual property rights. Please refer to our copyright rules and
regulations.
This document sets out Germanshepherdkennelclub.com commitment
to your privacy and to the protection of personal data (the "Data")
collected and processed in connection with your use of the website, under the
terms and conditions set out in the General Terms of Use. Please refer to
our Privacy Policy rules and regulations.
The computer registers stored on our systems in accordance with
standard safety practices shall be considered proof of emails exchanged,
registration forms sent, videos uploaded, comments posted, and other activity
within the website. Registration forms are stored on reliable and durable
media, as required by law. It is agreed that, in the event of a discrepancy
between our computer registers and any paper or electronic documents in your possession,
our computer registers shall be authoritative and controlling.
You agree and shall indemnify and hold
Germanshepherdkennelclub.com- harmless from and against any liability, loss,
damages (including punitive damages), claim, settlement payment, cost and
expense, interest, award, judgment, diminution in value, fine, fee (including
reasonable attorneys fees), and penalty, or other charge (including reasonable
attorneys fees and all other cost of investigating, defending or asserting any
claim for indemnification under these Terms) arising from or relating to (i)
Your Content, (ii) your violation of the Terms or any other policy of
Germanshepherdkennelclub.com; (iii) your use of the website; and (iv) your
violation of any third party rights, including without limitation any
copyright, property, publicity or privacy rights.
You agree that Germanshepherdkennelclub.com shall be deemed to
be a passive website that is based solely in Colorado, USA and over which
personal jurisdiction cannot be obtained, either specific or general, in any
jurisdiction other than Colorado, USA. You agree that any dispute between you
and Germanshepherdkennelclub.com arising out of or relating in any way to these
Terms or your use of the website shall be interpreted in accord with the laws
of the State of Colorado, without reference to its conflicts of laws, and shall
in all respects be governed, construed, applied, and enforced in accordance
with the laws of Colorado. You also agree that any claim or dispute between you
and Germanshepherdkennelclub.com shall be decided exclusively by a court of
competent jurisdiction located in Colorado and you irrevocably consent to the
personal and exclusive jurisdiction of any such court.
As a convenience to you, our website may contain links to
websites operated by other entities (a "Linked Site or banner ads").
If you decide to visit any Linked Site, you do so at your own risk and it is
your responsibility to take all protective measures to guard against viruses or
other destructive elements. Germanshepherdkennelclub.com has no responsibility
to you with respect to any Linked Site and no Linked Site, regardless of the
liking form (e.g. hotlinks, hypertext links, IMG links) is maintained,
controlled, endorsed, monitored or otherwise governed by
Germanshepherdkennelclub.com.
You agree to be bound by any affirmation, assent, communication
or agreement you transmit through the our website, including but not limited to
any consent you give to receive communications from
Germanshepherdkennelclub.com solely through electronic transmission. You agree
that, when in the future you click on "I agree," "I
consent" or other similarly worded "button" or entry field with
your mouse, keystroke or other computer device, your agreement or consent will
be legally binding and enforceable and the legal equivalent of your handwritten
signature.
Germanshepherdkennelclub.com may amend or revise the Terms or
any other policy of Germanshepherdkennelclub.com at any time and you agree to
be bound by such revised Terms or policy. Any such amendment or revisions will
become effective upon the date it is first posted to this site. It is your
responsibility to return to the website from time to time to review the most
current Terms and other Germanshepherdkennelclub.com policies.
Germanshepherdkennelclub.com does not and will not assume any obligation to
notify you of changes to the Terms or any other policy of
Germanshepherdkennelclub.com.
Our Terms constitute the entire agreement between
Germanshepherdkennelclub.com and you with respect the website and its
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between you and Germanshepherdkennelclub.com with
respect to the website. A printed version of the Terms and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to the Terms to the same extent and subject
to the same conditions as other business documents and record originally
generated and maintained in printed form. If for any reason a court of
competent jurisdiction finds any provision of these Terms or portion thereof,
to be unenforceable, that provision shall be enforced to the maximum extent
permissible so as to affect the intent of these Terms, and the remainder of
these Terms shall continue in full force and effect. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default.