BearDog, Inc.
Terms and Conditions
By using the BearDog, Inc. BearDogRecords, and BearDogNetwork.com, .net, .org, or .biz (“BearDog”) websites
(the "Site") you agree to be bound by the following terms and conditions (the "Terms
and Conditions”):
1. Site Use
BearDog grants you the right to use the Site for your personal, non-commercial
use only, subject to these Terms and Conditions. You may not modify copy, publish,
license, or sell any information or software associated with the Site. You may not
rent, lease or otherwise transfer rights to the Site. You may not use the Site in
any manner that could damage, disable, overburden or impair the Site, nor may you
use the Site in any manner that could interfere with any other party's use and enjoyment
of the Site. You agree that you will use the Site for lawful purposes and only in
compliance with all applicable laws, including but not limited to copyright and
other intellectual property laws. Your right to use the Site will terminate immediately
if you violate any provision of these Terms and Conditions. Upon termination, you
may no longer use the Site.
2. Intellectual Property
You acknowledge that BearDog and its licensors and content and service
providers ("BearDog Licensors") own all rights, title and interest, including without
limitation all Intellectual Property Rights, in and to the Site, portions thereof,
or software provided through or in conjunction with the Site. "Intellectual Property
Rights" means all rights existing from time to time under patent law, copyright
law, trade secret law, trademark law unfair competition law and all other proprietary
rights, and all applications, renewals, extensions and restorations thereof, now
or hereafter in force and effect worldwide. You agree not to modify, adapt, translate,
rent, lease, loan, distribute, prepare derivative works from, decompile, reverse
engineer, disassemble or otherwise attempt to derive source code from the Site.
You also agree not to remove, obscure, or alter BearDog's copyright notice, trademarks
or other proprietary rights notices affixed to or contained within or accessed in
conjunction with or through the Site. All rights not expressly granted to you are
reserved by BearDog or its suppliers.
3. Disclaimer of Warranties
BearDog and the BearDog Licensors disclaim any responsibility for harm
resulting from your use of the Site (including without limitation any spoof site
detection technology contained therein). The Site is provided "as is," with no warranties
whatsoever. BearDog and the BearDog Licensors expressly disclaim to the fullest
extent permitted by law all express, implied, and statutory warranties, including
without limitation the warranties of merchantability, fitness for a particular purpose,
accuracy of spoof site detection technology or data, and no infringement of proprietary
rights. BearDog and the BearDog Licensors disclaim any warranties regarding the
security, reliability, timeliness and performance of the Site. You understand and
agree that you download and use the Site at your own discretion and risk and that
you will be solely responsible for any damages to your computer system or loss of
data that results from the download or use of the Site. Some states or other jurisdictions
do not allow the exclusion of implied warranties, so the above exclusions may not
apply to you. You may also have other rights that vary from state to state and jurisdiction
to jurisdiction.
4. Limitation of Liability
Under no circumstances shall BearDog or the BearDog Licensors be liable
to any user on account of that user's use or misuse of the Site. Such limitation
of liability shall apply to prevent recovery of direct, indirect, incidental, consequential,
special, exemplary and punitive damages, whether such claim is based on warranty,
contract, tort (including negligence) or otherwise (even if BearDog or the BearDog
Licensors have been advised of the possibility of such damages). Such limitation
of liability shall apply whether the damages arise from use or misuse of and reliance
on the Site, from the performance or misperformance of the Site, from inability
to use the Site, or from the interruption, suspension or termination of the Site
(including such damages incurred by third parties). Such limitation shall apply
notwithstanding a failure of essential purpose of any limited remedy and to the
fullest extent permitted by law. Some states or other jurisdictions do not allow
the exclusion or limitation of liability for incidental or consequential damages,
so the above limitations and exclusions may not apply to you.
5. Indemnification
You agree to indemnify and hold harmless BearDog, the BearDog Licensors
and their subsidiaries, affiliates, joint ventures, suppliers, officers, directors,
shareholders, employees and agents, from any claim or demand made by any third party
due to or arising directly or indirectly out of your conduct or in connection with
your use of the Site or its features, any alleged violation of these Terms and Conditions,
or any alleged violation of any applicable law or regulation. BearDog and the BearDog
Licensors reserve the right, at their own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, but doing
so shall not excuse your indemnity obligations.
6. Privacy and Other User Agreements
Your use of the Site is subject to the terms of the BearDog Site Privacy
Policy. You are also subject to the BearDog User Agreement and
Privacy Policy.
7. Software and Policy Updates
BearDog reserves the right to modify these Terms and Conditions, or
to update or modify the Site software, from time to time at its discretion.
8. Export Laws
You are responsible for complying with trade regulations and both foreign
and domestic laws. You acknowledge that the Site or underlying technology may not
be downloaded to or exported or re-exported: (a) into (or to a resident or national
of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any Other country subject to
United States embargo; (b) to anyone on the US Treasury Department's list of Specially
Designated Nationals or on the US Commerce Department's Denied Party or Entity List;
and (c) you will not export or re-export the software to any prohibited country,
person, end-user or entity specified by US Export Laws.
9. Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance
with the laws of the State of California, without giving effect to the conflict
of laws provisions of California or your actual state or country of residence. If
for any reason a court of competent jurisdiction finds any provision or portion
of these Terms and Conditions to be unenforceable, the remainder of these Terms
and Conditions will continue in full force and effect. Sections 2-5, 8 and 9 of
these Terms and Conditions will survive any termination of this agreement.
These Terms and Conditions constitute the entire agreement between
the parties with respect to the subject matter hereof and supersede and replace
all prior or contemporaneous understandings or agreements, written or oral, regarding
such subject matter. Any waiver of any provision of these Terms and Conditions will
be effective only if in writing and signed by BearDog.
BearDog Inc. is located at 246 S. Sparks St, Burbank, CA 91506. You
may report complaints to the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs by contacting them in
writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1(888) 753-6381.