Copyright © 2015 i-5 Publishing, LLC, All rights Reserved.
Lucky Puppy Terms of Service
Lucky Puppy is a website for sharing dog facts and photos with other dog lovers. It is operated by Lumina Media, LLC, a privately held company based in Irvine, CA, USA. By using the Lucky Puppy website, you accept and agree to be bound by the following terms and conditions (the “Terms of Service”). Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.
Changes to Lucky Puppy Terms and Conditions
We reserve the right to modify or terminate the Lucky Puppy service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Eligibility and registration
As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Appropriate conduct and content; personal use only
The Lucky Puppy service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the Lucky Puppy service for any purpose.
You may not use the Lucky Puppy service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content (“Materials”) that you submit, post, and display on the Lucky Puppy service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service.
For your information, since Lucky Puppy is a family site, anything that may be deemed by the Lucky Puppy community to be obscene will be removed or edited with or without your notice.
Other examples of illegal or unauthorized uses include, but are not limited to:
modifying, adapting, translating, or reverse engineering any portion of the Lucky Puppy service; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Lucky Puppy service; collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of the Lucky Puppy service; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s enjoyment of the service; submitting Materials of any third party without such third party’s prior written consent; directing any user (for example, by linking) to any Materials of any third party without such third party’s prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by Lucky Puppy; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.
While Lucky Puppy prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the Lucky Puppy service at your own risk.
Lucky Puppy’s proprietary rights
By submitting, posting or displaying any Materials on or through the Lucky Puppy service, you automatically grant to us a worldwide, non-exclusive, royalty-free, right to publicly display or re-display such Materials in other formats not simply limited to websites.
Except as expressly authorized by Lucky Puppy, Inc., you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Lucky Puppy’s proprietary information which includes the sum of all postings and photos to the site. The Lucky Puppy logo and “Lucky Puppy” are trademarks of Lucky Puppy, Inc. “Lucky Puppy: for the love of dog!” is a regiseterd wordmark of Lucky Puppy, Inc.
Disclaimer of warranties
Lucky Puppy and Lumina Media, LLC disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Lucky Puppy service. Lucky Puppy disclaims any and all responsibility and liability for the conduct of any Member.
THE LUCKY PUPPY SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE LUCKY PUPPY SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. LUCKY PUPPY EXPRESSLY DISCLAIMS 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, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE LUCKY PUPPY SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold harmless and indemnity
You agree to hold harmless and indemnify Lucky Puppy, Inc. from and against any third party claim arising from or in any way related to your use of the Lucky Puppy service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Limitation of liability
UNDER NO CIRCUMSTANCES WILL LUCKY PUPPY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE LUCKY PUPPY SERVICE, WHETHER OR NOT LUCKY PUPPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE LUCKY PUPPY SERVICE, FROM INABILITY TO USE THE LUCKY PUPPY SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE LUCKY PUPPY SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL LUCKY PUPPY BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).
Term and termination
These Terms of Service will apply to your use of the Lucky Puppy service. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Lucky Puppy service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Lucky Puppy may provide you with notices regarding the Lucky Puppy service or these Terms of Service by regular mail, email, or postings to this Web site.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Orange, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Lucky Puppy be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and Lucky Puppy with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on Lucky Puppy Service, please read the following information for filing or responding to a notice of infringement.
To file a notice of copyright notice with us, please send a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format:
Identify in sufficient detail the material that you believe has been infringed. For example, “The copyrighted work at issue is the image that appears on Sparky’s Profile on www.Lucky Puppy/dogs/189.”
Identify the material that you claim is infringing the material listed in item #1 above.
Provide information reasonably sufficient to permit Lucky Puppy to contact you (email address is preferred).
Provide information, if possible, sufficient to permit Lucky Puppy to notify the user(s) who posted the content that allegedly contains infringing material (email address is preferred).
Include the following statement: “I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the paper.
Send the written communication to:
Lumina Media, LLC
2030 Main Street, Suite 1400
Irvine, CA 92614
The user(s) who posted the content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question.
To file a counter notification with us, please provide a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your counter notification, please use the following format:
Identify the specific URLs of material that Lucky Puppy has removed or to which Lucky Puppy has disabled access.
Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Orange County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification to Lucky Puppy of the infringement or an agent of such person.
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Sign the paper.
Send the written communication to: