Project Canine’s Terms of Service

Thank you for visiting Project Canine’s ( “we”, “us”, or “our”) Terms of Service (“Terms”) page. Please read these Terms carefully because they govern your use of our Site, located at www.ProjectCanine.org (“Site”, “Content”, or “Services”). If you have any questions, please contact us at info@ProjectCanine.org.

Agreement to Terms

By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, simply do not use our Site.

Changes to Terms or Services

We may modify these Terms and our Site at any time and at our sole discretion. If we modify these Terms, we’ll notify you either on our Site or through other means of communication. It’s important that you review modified Terms because continuing to use our Site after we have posted modified Terms on our Site indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, discontinue use of our Site immediately. Because our Site is evolving over time, we may change or discontinue any or all of our Site at any time, without notice to you, and at our sole discretion.

Feedback

We welcome feedback, comments, and suggestions for improvements to our Site. You can submit feedback by emailing us at info@ProjectCanine.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit your feedback for any purpose.

Privacy Policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms and Conditions and is available at www.ProjectCanine.org/privacy.

User Content

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through our Services; and (ii) any Content that users (including you) provide to be made available through our Services. You are responsible for the Content that you post to our Services, including its legality, reliability, and appropriateness. By posting Content to our Services, you grant Project Canine a non-exclusive, transferable, sublicenseable, worldwide, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through our Services. You agree that this license includes the right for Us to make such Content available to other users of the Services, who may also use such Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it, and you grant Us the rights and license as provided in these Terms, and (ii) the posting of the Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or organization. Project Canine does not claim any ownership rights in any user-generated Content that you make available through the Services, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content. Subject to the foregoing, Project Canine and its licensors exclusively own all right, title, and interest in and to the Content (but not user-generated Content), including all associated intellectual property rights. You acknowledge that the Content is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying our Site.

User Conduct

We encourage you to participate and engage discussions about dog therapy, but ask that you respect the Project Canine’s community when using our Services.

You agree not to:

  • Use language or transmit content that may be considered offensive or profane to other users, including profanity and offensive images or other media containing obscene, sexually explicit, or excessively violent content
  • Harass or threaten other users (harassing behavior and language includes insults, ethnic and homophobic slurs, defamatory statements, invasive statements that may infringe on a user’s privacy, or the transmission or sharing of any content that may cause another user to experience ridicule, threat, or discomfort
  • Submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law
  • Publish falsehoods or misrepresentations that could damage Project Canine, our Users, or any third party
  • Publish any private information of someone (such as their address or phone number) without their permission
  • Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or that is otherwise inappropriate
  • Post advertisements
  • Impersonate another person
  • Harvest User names, addresses, or email addresses for any purpose

This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of our Services, but we reserve the right to do so for the purpose of operating our Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to our Services. You can remove your Content by specifically deleting it. However, in certain instances, some of your Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on our Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of the Content.

Content on the Services

Subject to your compliance with these Terms, Project Canine grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view our Content solely in connection with your permitted use of our Services and solely for your personal and noncommercial purposes. You have the right to access and use our Services for your own personal use. You may not: (i) copy, modify or distribute our Content for any purpose; (ii) transfer, sublicense, lease, lend, rent, or otherwise distribute our Content to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of our Content; or (iv) use our Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.

Intellectual Property

The Services contain material protected by copyright and other proprietary information including, but not limited to, audio, video, graphic, photographic, and text information, and all Content of the Services is protected by copyright, trademark, and other intellectual property laws of the United States. Except as expressly provided herein, nothing in these Terms gives you a right to use Project Canine’s name or any of our trademarks, service marks, logos, domain names, or other distinctive brand features. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part without prior written permission from an authorized representative or agent of Project Canine. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. If you would like to seek permission to use Content from our Site, please contact us at info@ProjectCanine.org. We reserve the right to deny such permission without reason or explanation.

Any feedback you provide regarding the Content is entirely voluntary, and you agree that we can use Feedback without any obligation to you. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights of a third party, if such submission is made without express permission of the intellectual property rights holder. The Site may also contain material protected by copyright or trademark and other proprietary information including, but not limited to, audio, video, graphic, photographic, and text information belonging to third parties. These third-party intellectual property rights belong to the respective owners of the protected intellectual materials.

DMCA/Copyright Policy

Project Canine respects copyright law and expects its users to do the same. It is our policy to block in appropriate circumstances the access of users who repeatedly infringe the rights of copyright holders. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under US copyright law. If you believe in good faith that Content on our Site infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) 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 us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) 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 (vi) 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. The notification must be sent to: Project Canine, Attn: Legal Department, 1037 NE 65th St. #193, Seattle, WA 98115. We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources, including to our partner organizations. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Social Media

We reserve the right to monitor, modify, or delete content on our social media profiles. Our use of content you provide via any of our media profiles falls under the “Feedback” and “Intellectual Property” sections of these Terms. We may block your access to our social media profiles as described in the “Termination” section of these Terms.

Indemnity

You agree to defend, indemnify, and hold harmless Project Canine and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees) to the extent allowed by applicable law that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, moral, or privacy right; and (iv) any claim that your Content caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

Termination

We may terminate your access to and use of the Services at our sole discretion at any time and without notice to you. Upon any termination, discontinuation, or cancellation of Services, all provisions of these Terms by their nature will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Services and Content are provided “as is”, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of the course of dealing or usage of trade. We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

Limitation of Liability

Neither Project Canine nor any other party involved in creating, producing, or delivering the Services or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, mobile damage or system failure, or the cost of substitute services arising out of or in connection with these Terms or from the use of or inability to use the Services or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Project Canine has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Project Canine’s total liability, arising out of or in connection with these terms or from the use of or inability to use the Services or Content exceed the lesser of the amounts you have paid to Project Canine for use of the Services or Content or one hundred US dollars (US $100), if you have not had any payment obligations to Project Canine, as applicable.

Dispute Resolution

We prefer to resolve things amicably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of our Services and Content:

  1. Notify us of your dispute by describing it as fully as you can in writing and emailing it to info@ProjectCanine.org.
  2.  We will review your dispute and then let you know how we plan to handle negotiations:

(a.) Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate        a potential settlement or resolution to the dispute.
(b.) Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the US                   Federal Arbitration Act.
(c.) Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the             jurisdiction Washington State. Each party is responsible for paying their own filing, administrative, and arbitrator fees. Judgment on the                            arbitration award may be entered in any court having jurisdiction thereof.

 Entire Agreement

 These Terms constitute the entire and exclusive understanding and agreement between Project Canine and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms by operation of law or otherwise, without Project Canine’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Any notices or other communications provided by Project Canine under these Terms, including those regarding modifications to these Terms, will be given by Project Canine posting to the Services. Project Canine’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if made in writing and signed by a duly authorized representative of Project Canine. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & Contact Information

If you have any questions regarding these Terms, please email us at info@ProjectCanine.org.

Last updated September 7, 2017.