KTC Ventures Pty Ltd t/a Blue Dog Websites
Terms of Service Agreement
This Agreement is subject to change by Blue Dog Websites at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following Blue Dog Websites posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
- Electronic Agreement.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites, Products and the Service. This Agreement may be modified by Blue Dog Websites from time to time, such modifications to be effective upon posting by Blue Dog Websites on the Websites. By accessing and/or using the Websites, and/or Products and/or becoming a Member, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.
- Access and Retention.
In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
- Commercial Use of Service.
If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
- You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
- You have read and understand this Terms of Service; and
- You agree to this Terms of Service on behalf of the Subscribing Entity.
Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of Blue Dog Websites, which may be revoked at any time, for any reason, at Blue Dog Websites’ sole discretion.
- Account Security.
You are responsible for maintaining the confidentiality of the username and password(s) that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Blue Dog Websites of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Blue Dog Websites will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your Blue Dog Websites account.
- Your Use of the Websites
You agree to comply with the following conditions in regards to the use of Blue Dog Websites:
- You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites, unless given express permission by Blue Dog Websites.
- You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
- You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
- You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.
- You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).
- You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
- You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Blue Dog Websites employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
- You must not sell or transfer, or offer to sell or transfer, any Blue Dog Websites account to any third party without the prior written approval of Blue Dog Websites.
- You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
- You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Blue Dog Websites or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Blue Dog Websites’ servers, system or network or attempt to breach Blue Dog Websites’ data security or authentication procedures; attempt to interfere with the Websites or the Service by any means including, without limitation, hacking Blue Dog Websites’ servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Blue Dog Websites under these Terms of Service, Blue Dog Websites reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions and acknowledge and agree that Blue Dog Websites has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
- Your Use of the Product
You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Blue Dog Websites’ sole and reasonable discretion;
- any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
- any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Blue Dog Websites’ sole and reasonable opinion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of the Websites; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
- Ready-Made Websites
Blue Dog Websites’ Ready-Made Websites, are built on WordPress and Beaver Builder, and come already built with specific industries in mind. They have the necessary plugins installed, and configured to enable customers to customize the website according to their needs. This product does not include perpetual theme and plugin licenses.
The following plugins may already be installed for you, depending on the Website or Product you purchase. Some may require additional configuration by you, to suit your needs:
- Antispam Bee
- All in One WP Security
- Beaver Builder Plugin (Pro)
- Beaver Themer
- Custom Facebook Feed
- Duplicate Post
- Google Analytics For WordPress by Monster Insights
- Gravity Forms
- Ultimate Addon For Beaver Builder
- Yoast SEO.
- Design (visual components of the site)
Unless specifically agreed in writing, Blue Dog Websites owns the copyright to any visual design. Any third party photography, stock imagery and copyright materials will remain the property of the respective third party and, where appropriate, will be used under the license agreement to which they are distributed. Blue Dog Websites agrees to provide access to the terms of the license relating to such third party copyright, if requested by the Client.
Ready-Made Websites, products and services are developed using a combination of third party software solutions (this includes but is not limited to: WordPress CMS, Themes & Plugins, Fonts, Integrations, Widgets). Those solutions will be configured for use in the Ready-Made Website, products and services however, all software and code owned by third parties will be used within the license agreement of its respective owner. To that effect, neither you nor Blue Dog Websites own such third party software or code, and you (and Blue Dog Websites) may only use such software or code within the rules of the license agreement. Blue Dog Websites agrees to provide access to the terms of the license relating to such third party software and code, if requested by the Client.
- Restricted Plugins
While your Blue Dog Websites’ website is supported by the Blue Dog Club, the following plugins must not be installed, as they may clash with existing plugins, or they have been identified as a ‘high-risk’ plugin.
- Caching Plugins
The Blue Dog Club has its own caching setup for all sites, so additional caching plugins could cause the site to behaving in an unexpected manner. Therefore, all caching plugins will be instantly removed when discovered.
The most common caching plugins are (but not limited to):
- WP Super Cache
- WP File Cache
- W3 Total Cache
- Backup Plugins
While the site is supported by the Blue Dog Club, the Blue Dog Club manages your backups, so any additional backup plugins put unnecessary strain on our systems. Therefore, all additional backup plugins will be instantly removed when discovered.
The most common backup plugins are (but not limited to):
- WP DB Backup
- WP DB Manager
- Related Posts Plugins
These plugins are extremely database intensive, and therefore are not allowed on sites hosted by the Blue Dog Club :
- Dynamic Related Posts
- SEO Auto Links & Related Posts
- Yet Another Related Posts Plugin
- Similar Posts
- Contextual Related Posts
There are dedicated services which allow you to offload related post functionality to their servers. If you’re interested in providing related posts on your site, it is advised that you look into one of the services listed below instead.
- Jetpack Related Posts
- Related Posts for WordPress
- Other Plugins
There are a number of plugins that cause problems, or are already covered by Blue Dog Websites default setup:
- Broken Link Checker — Overwhelms even our robust caching layer with an inordinate amount of HTTP requests.
- MyReviewPlugin — Slams the database with a fairly significant amount of writes.
- LinkMan — Much like the MyReviewPlugin above, LinkMan utilizes an unscalable amount of database writes.
- Fuzzy SEO Booster — Causes MySQL issues as a site becomes more popular.
- WP PostViews — Inefficiently writes to the database on every page load. To track traffic in a more scalable manner, both the stats module in Automattic’s Jetpack plugin and Google Analytics work wonderfully.
- Tweet Blender — Does not play nicely with our caching layer and can cause increased server load.
- No Revisions — We disable revisions for all customers by default.
- Force Strong Passwords — We already cover this for you
- WordFence — This duplicates many security as well as caching functions that exist natively in our environment and can cause issues for them.
- Bad Behavior — This plugin attempts to block a number of hosts that we already disallow.
- Server Usage
Websites hosted as part of the Blue Dog Club subscription are limited to 1GB Storage and 1GB Bandwidth, unless otherwise specified. If you exceed your limits, you will be notified, and will be required to either reduce your usage, or be subject to additional fees.
- Service Fees
Websites, Products and Services provided by Blue Dog Websites, including the Blue Dog Club may be a one-time payment, or be an ongoing monthly payment. Blue Dog Websites’ has the sole discretion to change pricing at any time, and will provide notice of such changes if they affect your current subscription.
All fees are quoted and charged in US Dollars, unless otherwise specified. Goods and Services Tax will be charged to residents of Australia, and are not included in the quoted price.
As part of registering for a subscription product, you authorise Blue Dog Websites, to charge your nominated credit card for Products and Services you have subscribed to until such time subscription is cancelled.
- Subscription Auto-Renewals
To ensure you experience no interruptions in service, your service will be charged monthly in advance and will auto-renew at the end of any subscription period.
- Money-Back Guarantee
If you are not satisfied with a Product or Service provided by Blue Dog Websites, you may request a cancellation within thirty (30) days of purchase. Your service will be canceled at the time of cancellation period and purchase amount refunded.
- Blue Dog Club
The Blue Dog Club is a subscription provided to purchasers of a Ready-Made Website or as one of the stand alone Products. It currently includes:
- All Plugin and Theme licenses renewals
- Theme and Plugin updates (at least once per month)
- Support (limited to products & services provided)
- 1 SSL Certificate
- Access to WordPress Training Videos
These features are only available with an active subscription to the club and are subject to change at Blue Dog Websites discretion by providing 14 days notice to current subscribers.
The client is able to install any plugins to their Ready-Made Website, while it is supported by the Blue Dog Club, so long as they are not defined in Section 11, Restricted Plugins. Any plugins that have been installed by the client, are not covered by the Blue Dog Club Support, and it is the responsibility of the client to resolve, at their expense, any technical issues that arise, and/or Blue Dog Websites reserves the right to remove the plugin without notice.
Any plugins installed by the client, that can be updated using the standard WordPress plugin update feature, will also be updated on a regular basis as part of the Blue Dog Club membership. The client is responsible for updating any plugins that are not covered by the standard WordPress plugin feature.
- Cancellation of the Blue Dog Club Membership
The Client and/or Blue Dog Websites reserves the right to cancel the Clients Blue Dog Club Membership at any time by providing 14 days written notice via email.
Upon cancelation of the Blue Dog Club Membership, the client has the option of either shutting down their Blue Dog Website or transferring it to a host of their choice.
All Blue Dog Websites are built on WordPress, and can be transferred to any hosting provider that supports WordPress. Blue Dog Websites can move the Clients Blue Dog Website for them to a new hosting of their choice for a fee of $150 or the Client can do it themselves after providing 14 days notice prior to moving.
Upon moving the Blue Dog Website away from Blue Dog Websites platform, any Blue Dog Website owned licenses on that site will be removed, and the Client will need to purchase them directly from the 3rd Party provider to continue to receive the relevant updates. No refunds of any kind will be granted on the monthly Blue Dog Club Membership fee.
For the terms of termination of this agreement, refer to section 20 Term of Agreement & Termination
- Declined Charges
If the Clients credit card is declined, Blue Dog Websites will contact the Client in an attempt to resume payments. If payment is not received for a period of 10 working days the Clients Blue Dog Website will be suspended, the Client will be denied access and after a period of 20 days non-payment the Clients Website will be deleted from Blue Dog Websites servers and will never be recoverable.
- Representations and Warranties (Content)
You hereby represent and warrant to Blue Dog Websites as follows:
- Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize Blue Dog Websites to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Websites, any and all Services and any third party services.
- Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.
- You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Websites and via any third party services.
- Your Content, including any comments that you may post on the Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
- Your Content does not and will not create any liability on the part of Blue Dog Websites, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
Blue Dog Websites reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
- Agreement Term & Termination
This Agreement will remain in full force and effect while the Client uses the Blue Dog Websites, Products and/or Service. The Client may terminate the Blue Dog Club membership and/or subscription at any time by contacting Blue Dog Websites at https://www.bluedogwebsites.com/contact-support/.
If the Client resigns or cancels their membership and/or subscription to Blue Dog Websites or Blue Dog Club, to help Blue Dog Websites analyze and improve the Service, the Client may be asked to provide a reason for resignation/cancellation. Blue Dog Websites may terminate the Clients membership and/or subscription for any reason by sending notice to the Client at the email address provide in their application for membership, or such other email address as may later be provided to Blue Dog Websites.
If Blue Dog Websites terminates the Clients membership in the Service because they have breached any part of this Agreement, they will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made at the sole discretion of Blue Dog Websites. Blue Dog Websites is not required to provide notice prior to terminating membership and/or subscription if they believe any part of this agreement terms has been violated.
Blue Dog Websites is not required, and may be prohibited, from disclosing a reason for the termination of a Clients account. Even after membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
- Modifications to Service.
Blue Dog Websites reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Client agrees that Blue Dog Websites shall not be liable to the Client or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses.
In order to protect the integrity of the Service, Blue Dog Websites reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.
- Proprietary Rights.
Blue Dog Websites retains all proprietary rights in the Websites, Products and the Service. The Websites contains the copyrighted material, trademarks, and other proprietary information of Blue Dog Websites, and its licensors. Except where we have given the Client express written permission, they may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
All content on Blue Dog Websites is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Blue Dog Websites and for Blue Dog Websites’ Members' use only. Distribution of Content to others is strictly prohibited.
The Client agrees that Blue Dog Websites would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Blue Dog Websites shall be entitled to an injunction prohibiting the Client from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
Blue Dog Websites may provide links to third party websites, and some of the content appearing on Blue Dog Websites may be supplied by third parties. Blue Dog Websites has no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.
- Restrictions on Use of Materials.
You acknowledge that Blue Dog Websites contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
All Intellectual Property is copyrighted under the Australian copyright laws (and, if applicable, similar foreign laws), and Blue Dog Websites owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Websites are trademarks of their respective owners.
You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property.
Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive prior written consent from Blue Dog Websites.
- Copyright Policy.
Blue Dog Websites prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Notifications of claimed copyright infringement can be sent by certified mail to:
41 Bemboka Road, Warranwood, Vic, 3134, Australia.
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Blue Dog Websites at the address shown above, giving a written statement that contains:
- identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
- identification of the allegedly infringing material on the Site that is requested to be removed;
- your name, address, and daytime telephone number, and an e-mail address if available;
- a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
- a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
- the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.
Blue Dog Websites will process any notice of alleged infringement which it receives and will take appropriate action. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
- Liability for Content.
You hereby acknowledge and agree that Blue Dog Websites (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content without your approval. You are solely responsible for all of Your Content that you, or someone you authorise to,upload, post or distribute to, on or through the Websites, and to the extent permissible by law, Blue Dog Websites excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that Blue Dog Websites cannot and does not review the Content created or uploaded by its users, and neither Blue Dog Websites nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.
Blue Dog Websites and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, or on behalf of a user, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Blue Dog Websites or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
- Repeat Infringers.
Blue Dog Websites will suspend or terminate your access to the Websites if Blue Dog Websites determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behaviour is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Websites, Products and/or Service terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Blue Dog Websites at its sole discretion.
Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.
- Limitation of Liability.
In no event shall Blue Dog Websites be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites, Products or Service, or use thereof. Nothing contained in the Websites, Products, Service or in any written or oral communications from Blue Dog Websites or its employees or agents shall be construed to make any promise, covenant, or guarantee, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites, Products and the Services provided by employees of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Blue Dog Websites makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL Blue Dog Websites, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES, PRODUCTS OR SERVICE, OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF Blue Dog Websites HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL Blue Dog Websites HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF Blue Dog Websites HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Blue Dog Websites and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites, Products or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Blue Dog Websites during the six months prior to notice to Blue Dog Websites of the dispute for which the remedy is sought.
- Indemnity by You.
You agree to indemnify and hold Blue Dog Websites, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
- your use of the Service, Products and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
- any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites or Products, and/or your making available thereof to other users of the Websites and Products, and/or the actual use of Your Content by other users of the Websites, Products or Services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
- any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of Blue Dog Websites.
- Attorney Fees.
In the event that Blue Dog Websites is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Blue Dog Websites’ attorneys' fees and costs.
- Parental or Guardian Permission.
Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.
- Jurisdiction and Choice of Law; Dispute Resolution.
If there is any dispute arising out of the Websites, Products and/or the Service, by using the Websites, Products and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts, for the resolution of any such dispute.
Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Victoria, Australia with the same force and effect as if such service had been made within the State of Victoria, Australia. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- Arbitration Provision/No Class Action.
Except where prohibited by law, as a condition of using the Websites, Products and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites, Products and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of an Australian arbitration association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the Australian Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree.
The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Victoria, County of Australia. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Victoria, County of Australia.
- No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- Availability Outside Australia.
- Entire Agreement.
This Agreement contains the entire agreement between you and Blue Dog Websites regarding the use of the Websites, Products and/or the Service.
- Severability; Waiver.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Blue Dog Websites’ failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Blue Dog Websites’ ability to enforce such term at any point in the future.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement.
CONTINUED USE AFTER PURCHASE OF BLUE DOG WEBSITES, PRODUCTS, SERVICES AND BLUE DOG CLUB IS CONSIDERED ACCEPTANCE AND THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.