AdDogs.com

User’s Terms and Conditions

1.    What Our Terms and Conditions cover.

This is a contract between you and AdDogs.com, LLC, a Nevada limited liability company (”AdDogs”).  Sometimes AdDogs is referred to as “we,” “us” or “our”.  The contract applies to your use of the AdDogs.com website, any content contained on the AdDogs.com website (www.addogs.com and other related websites where this agreement appears (collectively, the “Site”), your use of sites that you link to through the Site, and any purchase by you of our services or the services of publications or other service providers through our website.  All of the products, services or content are referred to in this contract as the “service.” 

2.    When You May Use the Service.

While some of the sites services are available before you sign up, you may start making full use of  the service as soon as you have finished the sign-up process.

3.    Your Promises Concerning Advertisements that You Place.

In placing any advertisement, you promise that:

• You have all necessary rights, power and authority to publish any text, symbol, image or other content in any advertisement (collectively, the “advertising “);
• The advertising content is accurate, complete and current; and
• The advertisement and your advertising content comply in all respects with our Intellectual Property Policies, which are incorporated below. ,

If you place advertisements for others using our service, you agree to be responsible for your and your client’s compliance with this agreement.

4.    How You May Use the Service.

In using the service, you promise that you will:

• Obey the law;
• Obey any codes of conduct or other notices we provide;
• Obey any other policies that are set out as “AdDogs Policies” on our website;
• Keep your service account password secret; and
• Promptly notify us if you learn of a security breach related to the service.

In addition, by using the service you give us the right to use any advertising content that you develop, place or seek to place using our service.

5.    How You May Not Use the Service.

In using the service, you may not:

• Use the service in a way that harms us or our affiliates, vendors, media providers or resellers (collectively, the “AdDogs parties”), or any customer of an AdDog party;
• Use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (”spam”);
• Use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by AdDogs, or “meta-searching”);
• Use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
• Damage, disable, overburden or impair the service or interfere with anyone’s use and enjoyment of the service;
• Copy, reproduce, modify, create derivative works from, distribute or publicly display any Content (as defined in our Intellectual Property Policy defined below, except for information or content that you own from our Site without the prior expressed written permission of AdDogs;
• Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
• Interfere or attempt to interfere with the proper working of the Site; or
• Resell or distribute the service, or any part of the service.

Other obligations regarding your use of the service are set forth below, particularly in Section 9, regarding content of the Site.

6.    Intellectual Property Policy.

This policy covers (a) all advertisements that you place or prepare using our service (”Advertising Content”), (b) anything given or made available to us for inclusion or reference on our website (”Provided Content”); and (c) our website, www.addogs.com, all software used on the site, all content included on the site that is not Provided Content and the compilation of content on our website (”AdDogs Content”).

Advertising Content, Provided Content, and AdDogs Content are collectively referred to as “Content”.  Content may include text, graphics, logos, button icons, trademarks, service marks, images, audio files or clips, video files or clips, digital downloads, data compilations, software or other electronic or non-electronic media, information or opinion, and includes Content of any website, location or material linked to or cross-referenced in any Content.  The term “advertisement” means any Content prepared for publication or otherwise prepared to be disseminated in order to provide or attract notice or attention; “advertiser” shall mean include each person or entity that prepares or places an advertisement using our service, but does not include AdDogs; the term “publisher” includes each person or entity that disseminates in any way Advertising Content to third persons, but shall not include a distributor of Advertising Content such as AdDogs or any advertising agency that may use our services to prepare or place any advertisements for publication; the terms “publish” or “publication” includes any act or action by which Advertising Content is disseminated or made available to third parties, but does not include the actions of AdDogs in providing its services; and the term “intellectual property rights” includes any copyright, patent, trademark, service mark, trade secret, trade name, trade dress, right of publicity, right of privacy or other intellectual property rights of any person or entity.

7.    Our Obligations to You.

Subject to your payment in full for all charges for the service and your compliance with all your obligations in this contract, we are responsible for accurately transmitting any advertisement that you elect to place while using the services to the media provider that you select for the price and on the schedule set in the service.

Although we are not responsible for whether the media providers you select run your advertising content correctly, we will, at your request, assign to you any rights we may have against a media provider if you agree to waive any right of subrogation against us.

8.    What Our Obligations Do Not Include.

We bear no responsibility and assume no liability for advertising content.

Our service facilitates your design and placement of advertisements with media providers.  We do not review advertising content designed using our service or placed through our service for any purpose other than to confirm that a print advertisement will fit within the space you order or a radio or TV advertisement will run within the time period you order.  We also do not review your selection of media providers.

We are not responsible for any of the following:

• Your decisions regarding the design of advertisements you elect to run or the publications you choose to run them in. Although information that may assist you in designing advertisements and selecting publications is included in our service, we do not offer any advice regarding the design or placement of advertisements.
• The effectiveness of advertisements that you run.
• The review or advertisements for appropriateness, legibility or any other purpose.
• Determining whether your advertisement will be accepted by a media provider.
• Any injury or damage you to do any person by running an advertisement.
• Whether anyone else’s advertising content infringes your rights.
• Your selection of media providers for any purpose.
• The acceptance of your advertisement for publication by the media provider you select
• Changes made to your advertisement by the media provider you select

Other exclusions appear below, particularly in Section 9, regarding Content, and in Sections 11-14, which limit our obligations to you in various ways.

9.    Payment for Services.

• Payment Due in Advance. Unless otherwise agreed to by us with you in writing, payment for all services is due in advance for all services we provide you, including each advertisement you place using the service.
• Payment Method. When you create an account with us, you enter your payment method. You must be authorized use the payment method. You authorize us to charge you for the service using your payment method and for any advertisement costs, including the charges of media providers or any other AdDog parties that are purchased by your account while this contract is in force.
• Updates to Your Account Information. You must keep all information regarding your account current, including your billing address and the expiration date of any credit card to which charges for services are billed. You can access your billing information at www.addogs.com, where you can make changes to your account information. You may change your payment method at any time. If you tell us to stop using a payment method and do not provide a valid alternative acceptable to us, we may cancel your service. Your notice to us will not affect charges we submit to your account before we reasonably could act on your request.
• Prices and Price Increases. The price for the service excludes all taxes and charges of third parties other than those charges specifically identified by us as included in such price in the information we provide on the Site in advance of your decision to use the service. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. Prices for placing advertisements are changed continually by media providers, and our prices will be adjusted accordingly. As a result, our prices can and will change without notice to you. Once you have placed an advertisement at a price stated on our website, however, the price for the running that specific advertisement in that specific media provider on the date you order will not change without notice to you. All quoted rates are those quoted to local advertisers, as defined by the specific media, unless indicated otherwise. Advertising placed at local rates which the media categorize as subject to “national” rates, as they define it will be subject to an additional charge which you agree to pay. AdDogs will use its best efforts to notify you of this change it rate but assumes no obligation to do so.
• Refund Policies. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense. In the event a media provider refuses to run an advertisement (for any reason), we will refund to you the amount of the refund, if any, that the media provider gives us.
• Online Statement; Errors. We will make available to you an online billing statement. This is the only billing statement that we provide. Go to AdDogs.com to view, print or request a paper copy of the statement. If you request a paper copy, we may charge you a retrieval fee. We will only provide paper copies for the past [120] days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.
• Late Payments. Unless prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.
• Payments to You. Your right to any payment due you under a service is conditioned upon you promptly providing us with all information we require to properly make the payment (for example, bank account information for receiving the payment). We will use reasonable efforts to tell you what information we require in advance of your use of the applicable service. Even if we do not tell you in advance, you must provide us the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. You must also comply with any other conditions we place on your right to any payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts.

10. Privacy.

We consider your use of the service to be private.  However, we may access or disclose information about you, your account and/or the content of your communications, in order to (1) comply with the law or legal process served on us; (2) enforce or investigate potential violations of this contract, including use of the service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of the AdDog parties, their employees, our customers or the public.  You consent to the access and disclosures outline in this section.

We may use technology or other means to protect the service, protect our customers, or stop you from breaching the contract.  These means may hinder or break your use of the service.

In order to provide you the service, we may collect certain information about service performance and your service use.  This data will not personally identify you.  You may read about this information collection in more detail in the privacy policy at AdDogs.com.  Our privacy policy is incorporate in this contract.

11. How We May Change these Terms & Conditions.

If we change this contract, then we will tell you at least 30 days before the change takes place by posting the change on our Site, AdDogs.com.  If you do not agree to these changes, then you must cancel and stop using the service before the change takes place.  If you do not stop using the service, then your use of the service will continue under the changed contract.

12. WE MAKE NO WARRANTY.

We provide the service “as-is,” “with all faults,” and “as available.  We do not guarantee the accuracy or timeliness of information available from the service.  The AdDog parties give no express warranties, guarantees or conditions.  You may have additional consumer rights under your local laws that this contract cannot change.  We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. We bear no responsibility for advertising content or any content provided to us by any third party for inclusion on our site.

13. LIABILITY LIMITATION.

You can recover from the AdDog parties only direct damages up to an amount equal to the charge by AdDogs for the service creating your right to recover (not including the portion of that charge that represents the expense to pay the media provider to run an advertisement).  You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages. We assume no liability for advertising content or any content posted by us on our site relied upon by you or provided to us by any third party for inclusion on our site.

This limitation applies to anything related to:

• The service, and the advertising content of any advertisement placed using the service;
•  Information concerning publications, demographic information, pricing, advertising alternatives or other content or other information provided on the Site (or linked to on the Site) that you may rely on to make a decision regarding whether, where or how to place any advertisements;
• Viruses or other disabling features that affect your access to or use of the service;
• Delays or failure in any advertisement’s being run, or by any defect in any advertising content;
• Claims for breach of contract, breach of warranty, guarantee or condition strict liability, negligence or other tort.

This limitation applies even if:

• This remedy does not fully compensate you for any losses, or fails of its essential purpose; or
• Any AdDog party knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so that the above limitations or exclusions may not apply to you.  They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

14. Indemnity.

You agree to indemnify and hold each AdDog party harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this contract, your breach of any law or your breach of the rights of any third party.  Other indemnities are provided by you in our intellectual property policies, which are incorporated into this Agreement by reference.

15. Release.

If you have a dispute with a media provider, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual, consequential, incidental, punitive or special) of every kind and nature, know or unknown, arising out of or in any way connected with such disputes.  You also release us from any claim associated with any information, data, statements or other content provided or made by us on the Site (or linked to via the Site).

16. Age of Users.

We do not intend that the services by used by individuals under the age of 18 (a “Minor”).

17. Changes to the Service; Cancellation of the Service.

We may change the service or delete features at any time and for any reason.  We may cancel or suspend your service at any time.  Our cancellation or suspension may be without cause and/or without notice.  Upon service cancellation, your right to use the service stops right away.  Our cancellation of the service will not alter your obligation to pay all charges made to your account. 

18. Interpreting the Contract.

All parts of this contract apply to the maximum extent permitted by law.  A court may hold that we cannot enforce a part of this contract as written.  If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce.  The rest of this contract will not change.  This is the entire contract between you and us regarding your use of the service.  It supersedes any prior contract or statements regarding your use of the service.  The section titles in the contract do not limit the other terms of this contract.

19. Assignment.

We may assign this contract, in whole or in part, at any time with or without notice to you.  You may not assign this contract, or any part of it, to any other person.  Any attempt by you to do so is void.  You may not transfer to anyone else, either temporarily or permanently, any rights to use the service.

20. No Third Party Beneficiaries.

This contract is solely for your and our benefit.  It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

21. Claim Must Be Filed Within One Year.

Any claim related to this contract or the service may not be brought unless brought within one year.  The one-year period begins on the date when the claim first could be filed.  If it is not filed, then that claim is permanently barred.  This applies to you and your successors.  It also applies to us and our successors and assigns.

22. Your Notices to Us.

You may notify us as stated in the customer support area for the service.  We do not accept e-mail notices.

23. Notices We Send You; Consent Regarding Electronic Information.

This contract is in electronic form.  We have promised to send you certain information in connection with the service and have the right to send you certain additional information.  There may be other information regarding the service that the law requires us to send you.  We may send you this information in electronic form.  You have the right to withdraw this consent, but if you do, we may cancel your service.  We may provide required information to you:

• By e-mail at the e-mail address you specified when you signed up for the service;
• By access to an AdDogs Site that we may generally designate in advance for this purpose.

Notices provided to you by email will be deemed given and received on the transmission date of the e-mail.  If you do not consent to receive any notices electronically, you must stop using the service.

24. Choice of Law; Location for Resolving Disputes; Waiver of Jury Trials.

Texas state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of law principles, and to all other claims arising out of your use of the services, including claims regarding consumer protection laws, and in tort.  You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Harris County, Texas, USA, for all disputes arising out of or relating to this contract.  You and we irrevocably waive the right to a jury in any dispute arising out of or relating to this contract.