Animal Network Terms of Use
ACCEPTANCE OF TERMS
This Terms of Use agreement sets forth the terms and conditions for using
the websites of BowTie, Inc. and its corporate affiliates Kennel Club Books, LLC, Global Distribution
Services, LLC and Thoroughbred Times Company Inc., (collectively BowTie), which include the websites
at
www.bowtieinc.com,
www.animalnetwork.com,
and other BowTie-operated websites corresponding to BowTies
various publications. This Terms of Use agreement constitutes a legally binding agreement between you and
BowTie. Please read this agreement carefully before using any of the BowTie Websites, registering for any
services offered by BowTie, making any purchases, or activating any account with us. By using the BowTie
Websites, you agree that you have read the Terms of Use agreement, understand it and agree to be bound by its
terms and conditions, as we may amend from time to time and post on the BowTie Websites. Your use of the
BowTie Websites signifies your agreement to these Terms of Use. Likewise, your continued use of any of the
BowTie Websites after revisions have been posted indicates your acceptance of such revisions.
PRIVACY
Your use of the BowTie Websites is governed by the BowTie
Privacy Policy, which is incorporated
by reference. You agree to BowTies collection, use and sharing of your information as set
forth in the Privacy Policy.
CHILDREN
Although children under 13 may view the BowTie Websites, we do not
permit children under 13 to register for services, like our discussion forums. We also do not
permit children under 18 to purchase merchandise through the BowTie Websites. We encourage
parents or guardians to supervise Internet activity of all children under 18.
PROPRIETARY RIGHTS
BowTie owns all right, title and interest in and to the material
appearing on the BowTie Websites, including, without limitation, all marks, graphics, images,
layouts, presentation, page headers, button icons, typefaces, trade names, trade dress, logos,
content, website design, data compilations, and text, which are protected by copyright, trademark,
trade dress and other intellectual property laws. Any use of BowTies trademarks, trade dress or
copyrighted materials without our express permission is strictly forbidden.
PERMITTED USE
Your accessing and viewing of the BowTie Websites is only for your
personal, non-commercial use. Aside from page caching and the downloading of a single copy
of the BowTie Websites for your own personal, non-commercial use, no other uses are permitted.
USER CONDUCT FOR DISCUSSION FORUMS
The BowTie Websites offer a number of discussion forums, which include
chat areas, message boards and/or e-mail functions. You must be 13 or over to participate in the
discussion forums. Prior to participation, we require users to register and provide a username,
password and e-mail address. Because of the public nature of the forums, we recommend that you
exercise discretion in the type of information you decide to post in our discussion forums. We
have no control over the privacy practices of any forum user. Likewise, we have no control over
the content posted by the users of the forums and cannot ensure that the content will not be
objectionable or offensive. Objections to content can be made to
forums@bowtieinc.com. Although
we have no obligation to monitor content, we reserve the right to delete or edit content from any
of the discussion forums at any time for any reason.
By participating in the discussion forums, you agree that you will not post any content that:
1. Is vulgar, obscene, profane, sexually oriented, harassing, hateful, threatening, abusive,
slanderous, defamatory or invades the privacy of any third party;
2. Is offensive on the basis of race, ethnicity, gender, age, disability, sexual orientation or
religion;
3. Violates any rights of any third party, including patent, trademark, trade secret, copyright,
right of publicity, moral rights, or other proprietary rights or any other laws;
4. Does not relate to the subject matter of the discussion forum for which you have registered;
5. Contains any viruses, worms or other components intended to provide unauthorized access
to third party data or disrupt or damage the functioning of computer hardware, software or
telecommunications equipment;
6. Constitutes spam, unsolicited advertising, chain letters or any form of gambling or lottery;
7. Is commercial in nature of constitutes advertising.
By posting content to any of the discussion forums, you automatically assign to BowTie all right,
title and interest in an to such content and grant BowTie the right to use your name or identifying
information in connection with such posted content. Although we have no obligation to monitor
content, we reserve the right to delete or edit content that you may have submitted at any time
for any reason.
USER RESPONSIBILITIES
It is solely your responsibility to keep your account information and
password secure. Do not disclose your account information, including password to anyone that
you have not authorized to use your account. You assume all liability from the use of the BowTie
Websites from any users that use your account. You agree to notify BowTie immediately of any
unauthorized account use or security breach. BowTie disclaims all liability arising from your
failure to keep your account information and password secure.
DISCLAIMER
THE BOWTIE WEBSITES AND RELATED SERVICES ARE PROVIDED AS IS AND WITHOUT
EXPRESS OR IMPLIED WARRANTY. WE DISCLAIM ALL WARRANTIES AS TO THE OPERATION OF THE BOWTIE WEBSITES,
THE CONTENT, INFORMATION MADE AVAILABLE THROUGH SUCH SITES, AND GOOD OR SERVICES PURCHASED THROUGH
SUCH SITES. TO THE EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
ACCURACY, FITNESS FOR A PARTICULR PURPOSE TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
BOWTIE DOES NOT WARRANT THAT USE OF THE BOWTIE WEBSITES WILL BE UNINTERRUPTED, SECURE, FREE FROM ERRORS,
VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE BOWTIE WEBSITES IS SOLELY AT YOUR RISK.
THIRD-PARTY WEBSITES LINKED TO OR FROM THE BOWTIE WEBSITES ARE NOT CONTROLLED BY BOWTIE. BOWTIE
EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT ON THIRD-PARTY WEBSITES. YOU IRREVOCABLY WAIVE
ANY CLAIM AGAINST BOWTIE REGARDING SUCH THIRD-PARTY WEBSITES AND CONTENT.
LIMITATION OF LIABILITY
BOWTIE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE
USE OF OR THE INABILITY TO USE THE BOWTIE WEBSITES OR SERVICES AVAILABLE IN CONNECTION THEREWITH.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE ABOVE MAY
NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU IN CONNECTION WITH USE OF THE
BOWTIE WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BOWTIE WEBSITES.
INDEMNIFICATION
You agree to indemnify and hold BowTie and its subsidiaries, affiliates,
partners, directors, officers, employees, agents and representatives harmless from and against any
claim or demand, including attorney fees and costs, made by any third party arising out of your use
of the BowTie Websites, and content you may have posted, any violation of any third party rights,
any violation of the Terms of Use, or any violation of any other law.
GENERAL
These Terms of Use and the relationship between you and BowTie shall
be governed by the laws of the State of California without regard to its conflict of law provisions.
Any action relating to these Terms of Use will be brought exclusively in the federal or state courts
located in Los Angeles, California, and you consent to the personal jurisdiction of such courts.
No failure or delay by BowTie in exercising any right under these Terms of Use will operate as a
waiver thereof. The invalidity or unenforceability of any provision of these Terms of Use will not
affect the validity or enforceability of any other provision, all of which will remain in full force
and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of, related to or connected with the use of the BowTie Websites or these Terms of
Use must be filed within one year after such claim or cause of action arose or be permanently barred.
The section titles in these Terms of Use are for the convenience of the parties only and have no legal
or contractual effect. These Terms of Use, including the Privacy Policy and the Forum Agreement
incorporated herein by reference, represent the entire understanding of the parties regarding its
subject matter, and supersede all prior and contemporaneous agreements and understandings between
the parties regarding its subject matter. You shall not assign your rights or obligations hereunder
without BowTies prior written consent.
CLAIMS OF INFRINGEMENT OF COPYRIGHT MATERIAL
BowTie respects the intellectual property rights of others and we expect
our users to do the same. If you believe that material posted on the BowTie Websites infringes
your copyright, please provide a written notification containing all of the following to our
Copyright Agent:
1. A physical or electronic signature of the owner of the allegedly infringed copyright
(or such persons authorized representative).
2. A description of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at issue, a list of such works.
3. A description of the material on the BowTie Websites (including the precise websites
addresses on which the allegedly infringing material appears) that is claimed to be infringing
or to be the subject of infringing activity, with information reasonably sufficient to permit
us to locate the material.
4. Contact information for the complaining party, including address, telephone number, and,
if available, an electronic mail address.
5. A statement that you have a good faith belief that use of the allegedly infringing material
is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly
infringed.
BowTie does not guarantee that any complained-of content will be deleted or modified. BowTies
Copyright Agent for notice of claims of copyright infringement is:
Content Manager
Bowtie, Inc.
P.O. Box 6040
Mission Viejo, CA 92690
TERMINATION
These Terms of Use are effective until terminated by either party.
BowTie may, in its sole discretion, without notice to you, suspend or terminate your use of the
BowTie Websites or terminate any account or registration for any discussion forum. You may terminate
these Terms of Use at any time, by discontinuing use of the BowTie Websites. However, you are still
liable for any violations of the Terms of Use prior to any termination. BowTie shall not be liable
to you or any third party for any claims or damages arising out of any termination or suspension of
access or use of the BowTie Websites.