Terms of Site Use
Charlie Dog Boxer Company (“CDBC,” “us,” or “we”) operates this website (the “Website”), and these Terms of Site Use (“Terms”) set forth the terms and conditions governing your use of the Website. You should read these Terms thoroughly and contact us at email@example.com if you have any questions about these Terms.
1. Submissions; Website Conduct:
From time to time, you may have the opportunity to post, transmit or otherwise make available photographs, information, opinions, ideas, images or other content on the Website. By posting, transmitting or sending us any material or content, you agree to grant to us an irrevocable, royalty-free, perpetual, sub-licensable, assignable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform and display the material or content and/or incorporate the material or content in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without either (i) compensating you or any other individual depicted in the photograph or description or (ii) obtaining your prior approval or that of any other individual depicted in the photograph or description. By submitting or sending content or material to the Website, you also represent and warrant that (a) the content and material is original to you, (b) no other party has any rights to the content or material, (c) the content and material is not subject to any obligation of confidentiality, attribution or otherwise and that we shall not be liable for any use or disclosure of the content or material and (d) any so-called “moral rights” associated with the content or material have been waived. You may not post, transmit or send to us any material or content that (i) violates or infringes in any way upon the rights of others or which is otherwise unlawful, harassing, derogatory, threatening, abusive, defamatory, libelous, obscene, bigoted or hateful; (ii) contains viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; (iii) is or could be construed to be spam mail or any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents. You may not engage in any activity on the Website that restricts or inhibits any other user from using or enjoying the Website by means of “hacking,” “cracking,” “spoofing,” or defacing any portion of the Website. We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Website. Notwithstanding the foregoing, we shall have the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Website that we find to be in violation of these Terms or that we otherwise find objectionable or inappropriate for any reason. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Website.
2. Money-Back Comfort Guarantee:
If you buy a pair of CDBC boxer shorts and are not 100% satisfied with them for any reason, simply call us at (530) 545-0303 or send us an email at firstname.lastname@example.org for a full refund of the purchase price you paid for the pair of boxers (excluding any taxes and shipping charges).
3. Linking to Third-Party Websites:
The Website may contain links to other Internet websites. These Terms will not apply if you leave the Website by linking to another website. You should ensure that you thoroughly read and understand the terms and conditions and privacy policies of any other websites you link to from the Website. Any links to any other website found on the Website do not constitute CDBC’s endorsement of the linked website or any content on that linked website and should not be construed as such. CDBC is not responsible or liable to you for your use of any third-party website linked to from the Website.
4. Contests and Sweepstakes:
CDBC may occasionally offer contests and sweepstakes (collectively, “Contests”) on the Website. Such Contests shall be governed by the rules contained on the Website pages describing the Contests.
5. Intellectual Property:
The Website and its contents are intended for your personal, non-commercial use. CDBC and some third parties own, or have the right to use, trademarks, trade names and trade dress appearing on the Website. You may not use the CDBC mark, or any other trademarks, trade names or trade dress appearing on the Website, without prior written consent from CDBC or the owner of such trademarks, trade names or trade dress. The Website may contain copyrighted material, including, but not limited to, text, software, photos, audio and video clips, graphics, illustrations, images, logos, music and sound. The Website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. CDBC and third-party content providers also own, or have the right to use, copyrights in the content original to them. You may not reproduce, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, create derivative works from, or in any way exploit any of the content on the Website, in whole or in part, without CDBC’s prior written permission, which you can seek pursuant to Section 6 below.
If you are interested in reproducing any content on the Website, you will need CDBC’s prior written permission. Please send any requests for permission to:
Charlie Dog Boxer Company
286 Heather Circle
South Lake Tahoe, CA 96150
By Email: email@example.com
7. Copyright Infringement:
CDBC prohibits the posting of any information or content on the Website that violates or infringes the copyrights of any entity or person. If you believe your work has been copied and made available on the Website in a way that would constitute copyright infringement, please provide the following information in writing to the address listed below: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where on the Website the material that you claim infringes is located; (c) your address, telephone number, and email address; (d) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and (e) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. Please forward the above notice to:
Charlie Dog Boxer Company
286 Heather Circle
South Lake Tahoe, CA 96150
By Email: firstname.lastname@example.org
Upon receiving such notification, CDBC will remove any posted submission found to be infringing the rights of any person or entity in compliance with 17 U.S.C. §512(c)(3).
8. Disclaimer of Warranty; Limitation of Liability:
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT CDBC, ITS PARENT, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF CDBC OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CDBC NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE WEBSITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL CDBC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE WEBSITE.
You agree to indemnify, defend and hold harmless CDBC, its affiliates and related companies, and their respective directors, officers, employees, owners, licensors, licensees, and agents, from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising from your use of the Website, any services related to the Website or any linked third-party website.
11. Changes to Terms:
CDBC may change these Terms from time to time, so you should return to the Website and review these Terms regularly. By using the Website after CDBC has posted changes to these Terms, you agree that the revised Terms shall apply to you and that you will comply with these Terms, as revised.
These Terms and any operating rules for the Website established by us constitute ours and your entire understanding with respect to the use of the Website. CDBC controls and/or operates the Website from offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws rules. You agree to personal jurisdiction by the federal and state courts located in Fairfield County, Connecticut. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms is found to be unenforceable for any reason, than that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: October 2014