Welcome! You may use the Web sites, software, services and media applications of doghabitat provided that you agree to the following terms.
BY ACCESSING, USING OR REGISTERING FOR doghabitat, YOU ARE SIGNIFYING ELECTRONICALLY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS.
We may modify this Agreement at any time. You agree to review this Agreement periodically so that you will be apprised of any changes and to check for any notices we may provide regarding updates to the Agreement. We post the latest version of this Agreement located at http://www.doghabitat.com/tos. If you continue to use doghabitat after we post or notify you about changes to the Agreement, you signify your acceptance of the new terms. If you disagree with any changes to the terms, you must discontinue your use of doghabitat before the changes take effect.
doghabitat is a video search product designed for personal, entertainment and informational purposes only. Results shown on doghabitat will include links to Content hosted and served from third party websites. Some Content and some of these sites may contain materials that are objectionable, unlawful, or inaccurate. By providing access to the Content or these links do not mean that we endorse the Content, these third party sites or services. You acknowledge and agree that we are not responsible or liable to you for any Content or other materials hosted and served from these third party sites. doghabitat is a consumer service and is not designed to be used in connection with your, your employers’ or contractors’ commercial activities. If you choose to do so, it is entirely at your own, and your employer’s or contractor’s, risk.
We are committed to protecting the privacy of children. www.doghabitat.com’s services are
not written, intended, or designed for children under the age of 13. We do not collect personal information from any person we actually know is under the age of 13.
If you’d like to report an email address or other information belonging to someone under 13, please contact us by mail firstname.lastname@example.org. Note that we’ll promptly delete the email or information of any child under the age of 13 that’s reported to us.
You acknowledge and agree that doghabitat is supported by advertising, and you agree that such advertising may be presented as part of the doghabitat service. Any dealings that you have with advertisers found on doghabitat are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
doghabitat.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
Amazon, the Amazon logo, MYHABIT, and the MYHABIT logo are trademarks of Amazon.com, Inc. or its affiliates.
We and our affiliates may provide certain interactive or communications online services that may require you to obtain log-in and password credentials (“User IDs”). Registration for User IDs may be subject to separate terms and conditions, which you understand and agree will govern your use of such User IDs when you access doghabitat.
We will open a registered user account for you when you complete your registration. You will select (or we may assign to you) a Screen Name that will be identified with your account. You will also be able to select a password to access your Screen Name. Your Screen Name and password are your credentials to give you access to the Services on doghabitat. You must provide complete and accurate information about yourself. You must be legally competent to enter into contracts. You agree to keep this information up to date. You may not have a Screen Name that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any Screen Name that we determine in our discretion is unacceptable for use on doghabitat.
doghabitat is for your personal use only and you agree that you are responsible for your use of the site and for any posts you make. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You will use doghabitat for lawful purposes only. You agree that you will not access or submit material or use doghabitat or its Content, or otherwise engage in any conduct that:
violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
uses technology or other means to access doghabitat or Content that is not authorized by doghabitat;
use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access doghabitat or Content;
attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
attempts to gain unauthorized access to our computer network or user accounts;
encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
violates this Agreement, guidelines or any policy posted on doghabitat;
attempts to damage, disable, overburden, or impair our servers or networks; or
interferes with any other party’s use and enjoyment of doghabitat.
You agree that we may take any legal and technical remedies to enforce this Agreement, including without limitation, immediate termination of your account or access to any doghabitat service if we believe in our discretion you are violating this Agreement.
You may not use doghabitat to harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use doghabitat to violate the terms of this section. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communications networks.
We have no duty to monitor or pre-screen Content on doghabitat. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. Violation of this may result in actions, without warning, that range from removal of Content, to suspension of access, to deletion of your User ID and account, to legal action in our sole discretion.
As between you and doghabitat, doghabitat, its affiliates, parent, licensors, suppliers, and various Content owners, own the property rights to doghabitat and any Content offered through doghabitat. doghabitat and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by doghabitat or the owner of the Content.
We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use doghabitat subject to the terms of this Agreement. You may not use doghabitat in a manner that exceeds the rights granted for your use of the service and its Content. Without limitation of the foregoing, you may not engage in unauthorized copying or distribution of the Content or creating an unauthorized derivative work. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or doghabitat service. Your license terminates immediately upon cancellation or termination of your doghabitat or if we believe you are in violation of this Agreement.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on doghabitat in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement. It should again be noted that doghabitat does not host any content on its servers or network, it is simply a list of links to content that is available all over the internet on a large range of video hosting and broadcasting network sites. Content owners must understand that by having a listing removed from doghabitat they will not be removing the actual source video from the 3rd party site. Content owners must contact the video hosting site themselves to request removal.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), doghabitat will respond expeditiously to claims of copyright infringement that are reported to doghabitat’s designated copyright agent identified below.
If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to doghabitat by providing doghabitat’s designated copyright agent listed below with the following information:
(1). A Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
(2). A description of the copyrighted work that you claim has been infringed, or if there are multiple works, a representative list of the works. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a file infringes your copyrights.
(3). A description of the material that you claim is infringing and information sufficient to establish where it is located on the website, which information should include the complete URL associated with each file, image or video. To delete files from doghabitat’s index, doghabitat requires an accurate means by which to identify potentially infringing files.
(4). Your address, telephone number, and email address;
(5). A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
(6). A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
doghabitat’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:email@example.com
doghabitat RESERVES THE RIGHT TO REMOVE CONTENT IN ITS DISCRETION AND TERMINATE THE ACCOUNTS OF doghabitat USERS WHO REPEATEDLY INFRINGE, OR APPEAR TO INFRINGE, THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES.
WE PROVIDE doghabitat “AS IS” AND WITH ALL FAULTS. YOU ARE USING doghabitat AT YOUR OWN RISK. WE, OUR LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT doghabitat IS FREE OF DEFECTS AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT ALL DATA WILL BE SUCCESSFULLY OR SECURELY UPLOADED AND STORED ON doghabitat, OR THAT IT WILL MEET YOUR REQUIREMENTS. WE DISCLAIM THE IMPLIED WARRANTIES THAT doghabitat IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, WE, OUR LICENSORS AND DISTRIBUTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF doghabitat IN TERMS OF ITS CORRECTNESS, ACCURACY, PROFITABILITY OF THE SERVICE, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF doghabitat. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, AGENTS OR RESELLERS (COLLECTIVELY, THE “doghabitat GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE doghabitat, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR doghabitat IS TO CANCEL YOUR USE OF doghabitat.
We may cancel or suspend your access to doghabitat or your User ID account immediately, without notice, for any reason, including without limitation, if there has been a violation of this or if you have failed to pay any fees for purchases that you make from us. Your right to use doghabitat will end once your services are cancelled or terminated, and any data you have stored on doghabitat, if any, may be unavailable later. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled. If you are participating in any free promotional offer for accessing a fee-based service, you must cancel such service before the end of the free trial period to avoid incurring charges. Certain fee-based services may require cancellation charges, and you will pay all cancellation charges specified to you at the time you register for the service.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of doghabitat arising out of the contents you submit, e-mail, transmit or make available through doghabitat, your violation of these Terms of Service, or your violation of any rights of another user of doghabitat. YOU RECOGNISE THAT IN MANY JURISDICTIONS, PUBLISHING OF CERTAIN TYPE OF MATERIAL INVITES CRIMINAL SANCTIONS. YOU ACKNOWLEDGE THAT YOU ALONE SHALL PERSONALLY BE RESPONSIBLE FOR SUCH CRIMINAL SANCTIONS, SHOULD THEY BE IMPOSED. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We make no representation that doghabitat is appropriate or available for use in the country, geographic area or jurisdiction where you are located, and accessing doghabitat from territories where the Content accessed via the doghabitat services may be illegal or is prohibited. You are responsible for compliance with local laws when you access and use doghabitat.
You understand and agree that doghabitat is an online service and that we transact with our customers electronically. Your affirmative act of accessing and using doghabitat constitutes your acceptance to the terms of this Agreement. This Agreement shall have the same force and effect as an agreement in writing. You further agree to receive all required notices (“Notices”) from us electronically. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA THE E-MAIL IF YOU HAVE PROVIDED US OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of doghabitat.
You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause us irreparable damage for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
We have no obligation to provide support services for doghabitat, although we may do so in our sole discretion.
(a) This Agreement constitutes the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us.
(b) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
(c) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties’ original intent as nearly as practicable, and the remaining portions remain in full force and effect, or we may at its option instead terminate this Agreement.
(d) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only.
(e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
(f) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at its sole discretion.
(g) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
(h) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
(i) Sections 7-11, 13, 14 through 23 shall survive expiration or termination of this Agreement.
Last Updated: 28 Jun 2016