Terms of Use

The following are terms of a legal agreement (“Agreement”) between you and the team responsible for http://www.skinadog.com (“we” or “us”).  By using this web site, http://www.skinadog.com (the “Site”), you signify that you agree to be bound by this Agreement. If you do not agree to all of these terms and conditions, do not use this Site. We reserve the right to prevent you from accessing this Site if you fail to comply with the terms of this Agreement. If you have any questions regarding this Agreement, please contact webmaster [at] skinadog [dot] com.

1.0    Changes to this Agreement.
We may revise this Agreement at any time without notice by updating this posting. Therefore, it is your responsibility to periodically visit the Site and page to determine what changes have been made to this Agreement. By continuing to use this Site, you agree to be bound by any revisions to this Agreement. This Agreement was last revised on 6/2/2009.

2.0     Who may use this Site.
If you are under the age of 18, you may not become a registered user of the Site. Though we will make our best efforts to prevent users from registering for the Site in violation of this Agreement, we disclaim any liability, to the extent permitted by law, for the misrepresentations of users registering for this site.

3.0    Grant of License.  
We hereby grant to you a non-exclusive, non-transferable, non-sublicensable, license for the use of the Site subject to the restrictions in this Agreement.  We reserve any rights not expressly granted herein.  

4.0    Non-Free Services and Products.
All functionality of the Site is free to both registered and unregistered users. However, services and products are available for a fee and can be purchased through the Site. For example, you may order a t-shirt associated with the Site or purchase a 20-minute phone consultation with a behavioral specialist. You must agree to the Terms of Sale, in addition to providing the required payment, in order to receive any of the non-free items.

5.0    Privacy Policy
The Privacy Policy sets out the ways in which we utilize information about you when you use this Site. Just as your use of this Site indicates your acceptance to this Agreement, it also signifies your acceptance of the Privacy Policy.

6.0    User Conduct.
You are solely responsible for the contents of your transmissions through the Site.   Your use of the Site is subject to all applicable local, state, national and international laws and regulations.

Except as otherwise expressly permitted by us, you may not attempt to access other parts of the computer system that runs this Site or interfere with this Site’s proper operation.  You also agree that you will not use any process to automatically mine data on the pages of this site or spam other users of this site. You will not post, transmit, e-mail, re-transmit or store material that in our judgment (i) violates a law or regulation, (ii) violates the rights of any person or entity, or (iii) is threatening, obscene, indecent, libelous, or could otherwise adversely affect anyone.  If you are unsure of whether any particular action is permitted, please contact us at webmaster [at] skinadog [dot] com.  

7.0    Dog Sheets.
This Site allows users to post “Dog Sheets” which profile men that users of the Site would like to warn other users about. Further to the provisions of section 6, specifically with reference to subsections (ii) and (iii), you agree that any and all Dog Sheets that you post will contain only true and accurate information. The fact that a Dog Sheet is posted on our site does not mean that we agree with it and, consistent with section 230 of the Communications Decency Act (47 U.S.C. § 230), we will not be held responsible for any libelous content in any Dog Sheet, or any other posting, that was not posted by us.

8.0    Intellectual Property.

8.1    Proprietary Rights.
We and our users who create and post content to this Site, including the text, pictures, graphics and the selection and arrangement thereof, own the property rights to thereto. You hereby grant us a license to display on this Site any material that you hold proprietary rights in and which you post to this Site. Content generated by us is protected by copyright and, where applicable, trademark law. You may download our copyright- protected materials on this Site for personal, noncommercial use only.  Any other use of our materials would require our written approval. Any unauthorized use of any content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

8.2    Procedure for Making Claims of Copyright Infringement.
We respect the intellectual property of others. If you have a good faith belief that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please send an email to webmaster [at] skinadog [dot] com identifying the item protected by copyright with enough specificity for us to locate it, and providing your contact information, including your name, address, telephone number, and email address.  Soon after receipt, we will remove the material or else contact you to investigate the claim further.

8.3     Linking.
You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the home page of this Site and does not portray us or any of our users in a false, misleading, derogatory, or otherwise defamatory manner.  This limited right may be revoked at any time for any reason whatsoever.
 
8.4     Framing.
You may not use framing techniques to enclose any trademark, logo or trade name or other proprietary information of ours, including the images found at the Site, the content of any text, or the layout of any page without our express written consent.

9.0    Access from Foreign Countries.
The Site is operated from the United States of America and is designed to comply with the laws of the United States only. If you are accessing the Site from another country, you assume all risk that any actions you take and any information you cause to be transmitted to your computer might constitute a violation of a law of your country.

10.0    Limited Purpose.
The Site is intended to provide relationship advice and a forum for users relate to their experiences with men. Use of the Site for any other purpose is a violation of this Agreement and we reserve the right to terminate your account upon a violation of this Agreement. In addition, we reserve the right to take legal action, including seeking civil, criminal, and injunctive relief.

11.0    Disclaimer.
YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR TITLE.


WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT THE OPERATION OF THIS SITE, THE USE OR RELIABILITY OF THE CONTENT OF THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE.  WE DO NOT AND CANNOT GUARANTEE THAT ANY FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE OR ANY WEB SITES LINKED TO THIS SITE WILL BE FREE FROM VIRUSES OR OTHER CODE WITH DESTRUCTIVE PROPERTIES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

12.0    Limitation of Liability.
GIVEN THAT USE OF THE SITE IS FREE OF CHARGE, IN NO EVENT WILL WE OR OUR AGENTS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR SITE THAT THIS SITE LINKS TO, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION TO THE FOREGOING AND CONSISTENT WITH 47 U.S.C. § 230, WE WILL NOT BE HELD RESPONSIBLE FOR LIBELOUS CONTENT POSTED TO THE SITE BY ANY OF OUR USERS.

13.0    Miscellaneous.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.  The section titles in this Agreement are solely used for convenience and have no legal significance.  This Agreement may be assigned in whole or in part by us, but may not be assigned by you without our express, prior, written permission.  This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws provisions. In the event of any dispute arising in any way from this Agreement, then both you and we (the “Parties”) shall conduct a mediation-arbitration procedure as follows.  First, the parties shall appoint a mediator having expertise in Internet law and agree on the timing and location of a mediation session.  If both the Parties fail so to agree, then the Parties shall follow the Commercial Mediation Procedures of the American Arbitration Association.  If the mediation fails to settle the matter, then the Parties shall follow the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association, using a single arbitrator having expertise in Internet law.  Judgment upon the award entered by the arbitrator may be entered in any court having jurisdiction thereof.