Terms of Use Agreement
The following terms and conditions govern all use of the FaithBark Website and all content, services and products available at or through the site. The Website is owned by Faithbark, Inc. and maintained by Lisa Lucania (Administrator) and is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by the Administrator (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the site. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the Administrator, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
IMPORTANT NOTICE BEFORE REGISTERING: FaithBark exists for the love of dogs. Period. Anyone who we feel is not here for the right reasons will be immediately removed and banned from FaithBark. When filling out your sign up form you must answer all profile questions completely and legitimately. As a FaithBark member, you have the ability to hide any information you don’t want others to see. We, however, need that information for our records and to “police” the site. This info will NEVER be shared by FaithBark in any way. We will not tolerate spammers “sneaking” their way through by copying and pasting the same information in all profile fields. This does not benefit canines in any way, thus you will be removed as a member. Thank you for your cooperation.
- Your Membership. If you create an account and a page on the Website, you are responsible for maintaining the security of your account and page, and you are fully responsible for all activities that occur under the account and page, and any other actions taken in connection with the page. You must not describe or assign keywords to your page in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and the Administrator may change or remove any description or keyword that she considers inappropriate or unlawful, or otherwise likely to cause the Administrator liability. You must immediately notify the Administrator of any unauthorized uses of your page, your account or any other breaches of security. Administrator will not be liable for any acts or omissions by You, including any damages of any kind Administrator incurred as a result of such acts or omissions.
- Responsibility of Members. If you operate a page, comment on a page, post material to your page, post links on your page, or otherwise make (or allow any third party to make) material available by means of the page (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical content;
- the Content does not promote or praise the abuse of dogs in any manner;
- the Content does not promote or facilitate the sale or purchase of live animals, including dogs, puppies, and stud/breeding services;
- the Content does not promote or facilitate the direct promotion of judged dog shows, nor dog(s) entered in judged dog shows;
- the Content is not designed to drive traffic to third party sites or boost the search engine rankings of third party sites pertaining to the sale of live animals or stud/breeding services;
- the Content does not include phishing or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your page is not getting advertised via unwanted electronic messages or similar unsolicited promotional methods;
- Account and page are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your page’s URL or name is not the name of a person other than yourself or company other than your own;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Administrator or otherwise;
- you post content in your page which adheres to the following uniform standards: all photos must be 1024 x 1024 in size; all videos must be 30mb or less in size; and
- you adhere without exception to the formatting standard of initial capitalization for all page post subject lines.
By submitting Content to the Administrator for inclusion on your page, you grant the Administrator a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your page. If you delete Content, the Administrator will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Administrator has the right (though not the obligation) to, in Administrator’s sole discretion (i) refuse or remove any content that, in Administrator’s reasonable opinion, violates any Administrator’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Administrator’s sole discretion. Administrator will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Administrator disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. The Administrator has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which members link from their pages. The Administrator does not have any control over other websites and webpages, and is not responsible for their contents or their use. By linking to a third-party website or webpage, the Administrator does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Administrator disclaims any responsibility for any harm resulting from your use of other websites and webpages.
- Copyright Infringement Policy. As the Administrator asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FaithBark violates your copyright, you are encouraged to notify the Administrator. The Administrator will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Administrator will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Administrator or others.
- Intellectual Property. This Agreement does not transfer from the Administrator to you any Administrator or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Administrator. Intellectual property includes unique graphics and logos used in connection with thedaiycorgi.com. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Administrator or third-party trademarks without prior written permission.
- Advertisements. The Administrator reserves the right to display advertisements on your member page, without obligation to compensate you financially for placement or any revenues resulting from these advertisements.
- Domain Names. If you are using or transferring a registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. The Administrator reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Administrator may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. The Administrator may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your membership account or page, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. The Administrator hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Administrator nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that any content or services you obtain Website are at your own discretion and risk.
- Limitation of Liability. In no event will the Administrator, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services. The Administrator shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Terms of Use Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless the Administrator, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between the Administrator and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized representative of the Administrator, or by the posting by the Administrator of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Lee County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Florida in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Administrator may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The gist:
We run a Social Media Community whose sole purpose of existing is to educate others regarding canines. It’s here to be an open platform where people can post dogs that need help, health care, or a home. Members will be able to share their stories and experience with others, so people can learn things for the good of the animal. Members must have a dog, love dogs, or be involved with dogs in some way, shape, or form.