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Terms of Use
1. Introduction
Welcome to The AlaskaZone's network of Web sites ("sites"). These sites are owned and operated by The AlaskaZone Network a subsidiary of Popchair Creative, LLC. The sites provide you with various publishing and community services such as the ability to post information and comments to a Forum or Web page and participate in other online discussions (“Services”). Your use of the sites and the Services is subject to the following terms of service. If you are not willing to follow these terms of service, please do not use these sites.
2. Copyright and Ownership
All of the content featured or displayed on these sites, including, but
not limited to, text, graphics, photographs, images, moving images,
sound, illustrations and software ("Content"), is owned by The
AlaskaZone Network, its licensors and/or its content providers unless
otherwise noted on the site. All elements of the sites, including, but
not limited to, the general design and the Content, are protected by
trade dress, copyright, moral rights, trademark and other laws relating
to intellectual property rights. Except as explicitly permitted under
this or another agreement with The AlaskaZone Network or one of its
subsidiaries, no portion or element of the sites or its Content may be
copied or retransmitted via any means and the sites, their Content and
all related rights shall remain the exclusive property of The
AlaskaZone Network or its licensors unless otherwise expressly agreed.
3. License
User published content remains the intellectual property of the
individual user. By posting content on our sites, you grant The
AlaskaZone Network a non-exclusive, perpetual, irrevocable,
royalty-free, worldwide, fully sub-licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media,
whether now known or hereafter discovered. In addition, you warrant
that all so-called "moral rights" in those materials have been waived.
You are responsible for any releases, clearances and permissions
(including those relating to privacy and rights of publicity) necessary
for The AlaskaZone Network to post the content and exercise its rights
under this paragraph.
4. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE.
In operating the sites, we may act as a “services provider” (as defined
by DMCA) and offer services as online provider of materials and links
to third party sites. As a result, third party materials that we do not
own or control may be transmitted, stored, accessed or otherwise made
available using the sites. If you believe any material available via
the sites infringes a copyright, you should notify us using the notice
procedure for claimed infringement under the DMCA. We will respond
expeditiously to remove or disable access to the material claimed to be
infringing and will follow the procedures specified in the DMCA to
resolve the claim between the notifying party and the alleged infringer
who provided the content. Our designated agent (i.e., proper party for
notice) to whom you should address infringement notices under the DMCA
is Kevin Kastner, Media Director, (360) 805-9520,
webmasterATalaskazoneDOTcom. Mailing address is available upon request.
5. Restricted Content & Activities
The Services and the sites may only be used for the intended purpose
for which such sites and Services are being made available. You shall
comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of our services.
Except as may be otherwise indicated in specific documents within the
sites, you are authorized to view, play, print and download documents,
audio and video found on our sites for personal, informational, and
noncommercial purposes only. You may not modify any of the materials
and you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer or
sell any information or work contained on the sites. Except as
authorized under the copyright laws, you are responsible for obtaining
permission before reusing any copyrighted material that is available on
the sites. For purposes of these terms, the use of any such material on
any other Web site or networked computer environment is prohibited. You
will not remove any copyright, trademark or other proprietary notices
from material found on these sites.
In the event you download software from the sites, the software,
including any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the
"software") are licensed to you by The AlaskaZone Network or its
licensors. The AlaskaZone Network does not transfer title to the
software to you. You own the medium on which the software is recorded,
but The AlaskaZone Network retains full and complete title to the
software, and all intellectual property rights therein. You may not
redistribute, sell, decompile, reverse engineer, disassemble, or
otherwise reduce the software to a human-readable form.
You agree that you will not use the sites to post or upload any of the following:
* Offensive language, such as profanities and expletives; sexually
explicit or pornographic material; hate speech; defamatory, abusive,
threatening or harassing speech; or racial, religious or personal
attacks of any kind. The AlaskaZone Network news editors reserve the
right to publish questionable phrases necessary to serve an important
journalistic purpose, but that right does not extend to material you
upload on our sites.
* Material which infringes upon the copyright, trademark, patent, trade
secret or other proprietary rights or rights of publicity or privacy of
third parties
* Multimedia content of any kind, such as audio and video files, (but not including still photographs)
* Promotion of any activity that may be found illegal at the local,
state or federal level or any content that is itself illegal in any way.
* Direct links to or descriptions of goods and services that are prohibited under these terms of service
* Commercial content of any kind, including but not limited to graphic
and text advertisements, chain letters, spam offers, surveys, contests,
or any clear promotion of commercial interests beyond appropriate
discussion of site content or outside the context of specifically
placing an online classified ad
* Content that is untrue, inaccurate, deliberately misleading, or trade libelous
* Executable programming of any kind, such as viruses, worms, Trojan
horses, spyware, time bombs, cancelbots, easter eggs, or any form of
malicious or benign computer programming whatsoever
* Encrypted content or content that can be demonstrated to contain encoded messages
* Content in any language other than English if an accurate, reliable translation cannot reasonably be acquired
* Identifiable impersonations of another individual, by false
representations in the text, by creating a misleading screen name that
misrepresents the poster’s identity in an identifiable fashion, or by
utilizing another individual’s account to post, with or without that
individual’s knowledge
* Content that creates liability for us or causes us to lose (in whole
or in part) the services of our ISPs or other partners or suppliers
6. Corporate Identification, Site Content & Trademarks
All trademarks, service marks and trade names of The AlaskaZone Network
and its partners and licensors used herein (including but not limited
to: The AlaskaZone Network, “Dogsled.com”, The The Dogsled dog logo,
and the associated designs and logos) (collectively “Marks”) are
trademarks or registered trademarks of The AlaskaZone Network or its
affiliates, partners or licensors. You may not use, copy, reproduce,
republish, upload, post, transmit, distribute, or modify the Marks in
any way, including in advertising or publicity pertaining to
distribution of materials on this Web site, without The AlaskaZone
Networks' prior written consent. The use of the Marks on any other Web
site or network computer environment is not allowed. You may not use
the Marks as a "hot" link on or to any other Web site unless
establishment of such a link is approved in advance.
7. Right to Remove Content or Block Access
The AlaskaZone Network may, at its discretion but without any
obligation, remove content that does not meet these guidelines or is
otherwise inappropriate, according to its sole interpretation, and may
also remove all other content by that user, disable a user’s account,
and otherwise seek to prevent that user from utilizing our services.
The AlaskaZone Network may also, at its discretion, disable and
suppress content from any account where the chosen screen name is
deemed to be offensive or inappropriate, or is a violation of trademark
or copyright. We may take these actions in the event that (a) you
breach these terms of service, including without limitation engaging in
any of the restricted activities detailed in section 5); (b) we are
unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause financial loss or legal
liability for you, our users or us.
8. Account Security
You are entirely responsible for the security and confidentiality of
your password and account. Furthermore, you are entirely responsible
for any and all activities that occur under your account, except
activities instigated by us, either deliberate or inadvertent. You
agree to immediately notify us of any unauthorized use of your account
or any other breach of security of which you become aware. You are
responsible for taking precautions and providing security measures best
suited for your situation and intended use of the Services and sites.
We have the right to provide user billing, account, content or use
records, and related information under certain circumstances (such as
in response to legal responsibility, lawful process, orders, subpoenas,
or warrants, or to protect our rights, customers or business). Anyone
able to provide your personally identifiable information can access
your account so you should take reasonable steps to protect this
information.
9. Information Control
User published content does not represent the views of The AlaskaZone
Network or any individual associated with The AlaskaZone Network, and
we do not control this content. In no event shall you represent or
suggest, directly or indirectly, The AlaskaZone Network’s endorsement
of user published content. The AlaskaZone Network does not vouch for
the accuracy or credibility of any user published content on our sites,
and does not take any responsibility or assume any liability for any
actions you may take as a result of reading user published content on
our sites. You may be exposed to content that you may find offensive,
objectionable, harmful, inaccurate or deceptive; there may also be
risks of dealing with underage persons, people acting under false
pretense, or international trade and foreign nationals. By using our
sites, you assume all associated risks.
10. Transactional Partners
In some cases we partner with another company to co-promote their
services within our Web sites. In these cases, you are transacting
directly with the other party. On those pages, the transactional
partner's brand is clearly visible, and their terms of service are
posted. When using these partner pages, you are bound by partner terms
of service in addition to remaining bound by The AlaskaZone Network
terms of service; when there is a conflict between The AlaskaZone
Network’s terms of service and partner terms of service, The AlaskaZone
Network terms of service shall be held as the primary, enforceable
terms of service.
11. Links to Third Parties
The sites contain hyperlinks to other Web sites controlled by third
parties. These links are provided solely as a convenience to you and do
not imply endorsement by The AlaskaZone Network of, or any affiliation
with, or endorsement by, the owner of the linked site. The AlaskaZone
Network is not responsible for the contents or use of any linked site,
or any consequence of making the link.
12. Fees
The AlaskaZone Network will collect payment from you when you purchase
any products or services sold on the sites. In the event legal action
is necessary to collect on balances due, you agree to reimburse The
AlaskaZone Network for all expenses incurred to recover sums due,
including attorneys’ fees and other legal expenses. You are responsible
for purchase of, and payment of charges for, all Internet access
services and telecommunications services needed for use of this Web
site.
13. Access and Interference
You agree that you will not use any robot, spider, scraper or other
automated means to access the site for any purpose without our express
written permission. Additionally, you agree that you will not: (i) take
any action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the
site or any activities conducted on the site; or (iii) bypass any
measures we may use to prevent or restrict access to the site.
14. Release
In the event that you have a dispute with one or more other users of
the sites, you release The AlaskaZone Network (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
15. No Warranty
Your use of and browsing of this Web site are at your own risk. WE, OUR
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE
OUR Web SITES, EVERYTHING ON THE Web SITES AND SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE,
OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON
THE SITES, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE
SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION
CONTAINED ON THE SITES FOR ANY PURPOSE. The AlaskaZone Network DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SITES OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not
apply to you. This warranty gives you specific legal rights and you may
also have other legal rights that vary from state to state.
16. Liability Limit
The AlaskaZone Network assumes no liability in the event that legal
action is taken against you by a third party as a result of content you
publish on our site, whether for copyright infringement or any other
illegal activity related to your content. You represent and warrant
that you own or otherwise control all of the rights to the content that
you post; that the content is accurate; that use of the content you
supply does not violate this policy and will not cause injury to any
person or entity; and that you will indemnify The AlaskaZone Network or
its affiliates for all claims resulting from content you supply. IN NO
EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR
SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH OUR SITES, ANY CONTENT THEREON, OUR SERVICES OR THESE
TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR YOUR USE
THEREOF, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER
TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF The AlaskaZone
Network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE EXCEED FIFTY DOLLARS ($50.00).
17. Indemnity
You agree to defend, indemnify and hold The AlaskaZone Network and any
affiliated company or individual harmless from any and all liabilities,
costs, and expenses, including reasonable attorneys’ fees, related to
any violation of these terms by you or your authorized users, or in
connection with the use of the sites or the Internet or the placement
or transmission of any message, information, photographs or images on
the sites by you or your authorized users or your violation of any law
or the rights of a third party.
18. Force Majeure
Neither The AlaskaZone Network nor you shall be responsible for damages
or for delays or failures in performance resulting from acts or
occurrences beyond their reasonable control, including, without
limitation: fire, lightning, explosion, power surge or failure, water,
acts of God, war, revolution, civil commotion or acts of civil or
military authorities or public enemies: any law, order, regulation,
ordinance, or requirement of any government or legal body or any
representative of any such government or legal body; or labor unrest,
including without limitation, strikes, slowdowns, picketing, or
boycotts; inability to secure raw materials, transportation facilities,
fuel or energy shortages, or acts or omissions of other common carriers.
19. Privacy
Please read our Privacy Statement.
20. General
These terms of service shall be governed in all respects by the laws of
the State of Washington as such laws are applied to agreements entered
into and to be performed entirely within Washington between Washington
residents. We do not guarantee continuous, uninterrupted or secure
access to our services, and operation of the sites may be interfered
with by numerous factors outside of our control. If any provision of
these terms of service is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be
enforced. You agree that these terms of service and all incorporated
agreements may be automatically assigned by The AlaskaZone Network in
our sole discretion. Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar
breaches. These terms of service set forth the entire understanding and
agreement between us with respect to the subject matter hereof. 14
(Release), 3 (License), 13 (Access and Interference), 16 (Liability
Limit), and 17 (Indemnity) shall survive any termination or expiration
of this Agreement.
21. Additional Terms
The following policies are incorporated into these terms of service by
reference and provide additional terms and conditions related to
specific services offered on dogsledforum.alaskazone.com:
Dogsled.com Forums User Agreement
22. Changes to Terms of Service
The AlaskaZone Network reserves the right to change any aspect of these
guidelines at its discretion, and will immediately publish changes to
the guidelines as soon as they are made.
23. Entire Agreement
These terms and conditions are the entire agreement between the user
and The AlaskaZone Network and supersedes any prior understandings or
agreements (written or oral).
How to contact The AlaskaZone Network
If you have any questions about these terms of service, the practices
of our Web sites, or to resolve a dispute, you can contact us:
* By e-mail: Use our Contact directory
* By mail: Available upon request via e-mail.
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