Terms and Conditions

EFFECTIVE NOVEMBER 1, 2008

IMPORTANT: BY USING DOGNEWSDAILY.COM, ITS SUB-DOMAINS AND ANY SERVICES AVAILABLE THEREFROM (COLLECTIVELY, THE "SITE"), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE AND ACCESS (THE "TERMS"). IF YOU DO NOT WANT TO BE BOUND BY THE TERMS, DO NOT USE THE SITE.

1. GENERAL

The Terms of Use constitute a legal agreement between you ("you" or "your") and DOG NEWS DAILY LLC dba Dog News Daily, DogNewsDaily.com ("Dog News Daily" or "we"). In consideration of your use of and access to the Site and the promises and obligations herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you agree to these Terms and acknowledge that you are bound hereby.

Your access to and use of the Site is subject to these Terms, as well as any Revisions (as defined below) that may be issued by Dog News Daily to these Terms from time to time. Among other things, the Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them from third parties. These Terms and the information provided by Dog News Daily in no way override the terms and conditions of your purchase of any product or service from such third party, and you acknowledge that any such purchase transaction is entered into solely between you and such third party. To the extent any area within or functionality of the Site contains specific terms and conditions concerning its use ("Specific Terms"), and you are granted access to or use of such areas or functionality by Dog News Daily, those Specific Terms are in addition to these Terms. For example, Dog News Daily may sponsor certain promotions with additional terms and conditions or establish rules for specific areas of the Site. To the extent there is a conflict, inconsistency or ambiguity between these Terms and the Specific Terms, these Terms shall prevail.

You further agree that these Terms (including, without limitation, any applicable Specific Terms) are the complete and exclusive statement of the agreement between Dog News Daily and you with respect to your access to and use of the Site and its Content (as defined below), and supersede and merge all prior or contemporaneous proposals, understandings and all other agreements, oral and written, relating to the subject matter hereof. Any provision of these Terms which is prohibited by or unlawful or unenforceable under any applicable law of any jurisdiction will be ineffective to the extent that it is unlawful or unenforceable as to such jurisdiction without affecting any other provision of these Terms; provided, however, that such provision shall be enforced to the maximum extent possible to maintain its original intent. To the full extent, however, that the provisions of such applicable law limiting the enforceability of these Terms may be waived, they are hereby waived, to the end that these Terms be deemed to be a valid and binding agreement enforceable in accordance with the terms hereof. Dog News Daily's rights under these Terms may not be waived unless a duly authorized officer of Dog News Daily agrees to such waiver in a non-electronic writing, and a waiver I one instance shall not constitute a waiver in future instances.

Dog News Daily's performance of the Terms is subject to applicable law and legal process, and nothing contained in these Terms is in derogation of Dog News Daily's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and the Content or information provided to or gathered by Dog News Daily with respect to such use.

These Terms shall be binding upon you and Dog News Daily and each of our successors, assigns, executors, heirs and legal representatives (as applicable). You may not assign your rights or obligations under these Terms without Dog News Daily's prior written consent, and any purported assignment without such consent shall be void and of no force and effect.

2. CHANGES IN TERMS

Dog News Daily shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site, the Content or any other matter (such revisions and/or new terms and conditions, collectively, the "Revisions"). The Revisions shall be effective upon (i) the posting of the revised Terms to the Site, and (ii) a posting of a notification on the home page of the Site stating that the Terms have changed, which posting shall remain on the home page for a minimum period of one (1) week from the date that the Revisions are posted. You are responsible for visiting the Site periodically to review the Terms. You agree that you shall be deemed to be apprised of and bound by any Revisions reflected in such Terms pursuant to this Section 2. ANY ACCESS OR USE OF THIS SITE OR ANY CONTENT BY YOU AFTER THE POSTING OF THE NOTICE AND THE REVISED TERMS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISED TERMS. No modification to these Terms by any party other than Dog News Daily shall be valid or enforceable against Dog News Daily unless expressly agreed to by Dog News Daily in a non-electronic writing signed by a duly authorized officer of Dog News Daily.

3. TERMINATION

These Terms are effective until terminated by Dog News Daily. Dog News Daily may terminate these Terms without notice and at any time, with respect to you or any or all users of the Site. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the Site. Dog News Daily shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any user's right to access or use the Site of any portion thereof. In the event of a termination of these Terms or your access to and use of the Site, ALL Sections of these Terms shall survive and continue in full force and effect, all rights granted by you shall remain in full force and effect and, except as required by applicable law, Dog News Daily shall be permitted, but shall not have any obligation, to delete any of your accounts, Submitted Content (as defined herein) or other information. In the event of the termination of these Terms or your access to or use of the Site, you must immediately destroy all copies of the Content (other than your Submitted Content) in your possession and, at our request, certify to us in writing as to such destruction.

4. ACCEPTANCE

Dog News Daily™ provides a collection of online resources, including classified ads, forums, and various other services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with TOU. In addition, when using particular Dog News Daily services, you agree to abide by any applicable posted guidelines for all Dog News Daily services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Dog News Daily in any way, your only recourse is to immediately discontinue use of Dog News Daily.

5. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://www.DogNewsDaily.com

6. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Dog News Daily does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Dog News Daily site and Content available through the Service may contain links to other websites, which are completely independent of Dog News Daily. Dog News Daily makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of Content, that you may not rely on said Content, and that under no circumstances will Dog News Daily be liable in any way for the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Dog News Daily does not pre-screen or approve Content, but that Dog News Daily shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU any other reason.

7. THIRD PARTY CONTENT, SITES, AND SERVICES

The Dog News Daily site and Content available through the Service may contain features and functionalities that link you or provide you with access to third party content which is completely independent of Dog News Daily, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interaction with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, is solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Dog News Daily shall not be responsible or liable for loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Dog News Daily is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Dog News Daily, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known orunknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

8. CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Dog News Daily's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at admin@DogNewsDaily.com

or:

Dog News Daily

12021 Wilshire Blvd., Suite 428

Los Angeles, CA 90025

Please provide our Agent with the following Notice:

a) Identify the material on the Dog News Daily site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature. Dog News Daily will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

9. PRIVACY AND INFORMATION USE

Dog News Daily has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.DogNewsDaily.com, and http://www.BlogDogNewsDaily.com; Your use of Dog News Daily website or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that Dog News Daily may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other users information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as of harassment; protect the rights, property, or personal safety of Dog News Daily, its users or the general public.

10. USE OF SITE AND SERVICES

You agree not to post, email, or otherwise make available Content or a link to the Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is nude, pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;

c) that harasses, degrades, intimidates or is hatful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;

f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;

g) that impersonates any person or entity, including, but not limited to, a Dog News Daily employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

h) that includes personal or identifying information about another person without that person's explicit consent;

i) that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";

j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationship;

k) that constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain

letters", "pyramid schemes", unsolicited commercial advertisement, doorway pages, cloned websites, self-replicated website, Made for Adsense(MFA) website, made for any other PPC engines website, payment requirement to get a job;

l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Dog News Daily sites which are not designed for such purposes; or emailed to Dog News Daily users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;

m) that includes links to commercial services or web sites, except as allowed in "services"; or link(s) to web sites based on blog or located on free hosting;

n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web for your convenience: http://www.Dog News Daily.com

o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

p) that disrupt the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users ability to use the Service; or

q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

r) contact anyone who has asked not to be contacted;

s) "stalk" or otherwise harass anyone;

t) collect personal data about other users for commercial or unlawful purposes;

u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Dog News Daily;

v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or

otherwise impose an unreasonable or disproportionately large load on our infrastructure;

w) post the same item or service in more then one classified category or forum, or in more than one metropolitan areas;

x) attempt to gain unauthorized access to Dog News Daily's computer system or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Dog News Daily website; or

y) use any form of automated device or computer program that enable the submission of postings on Dog News Daily without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in link, or for automatic submission of postings at regular intervals.

11. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Dog News Daily's resources, you may not use Posting Agent to post Content to the Service without permission or license from Dog News Daily. Correspondingly, Posting Agent are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with permission or license from Dog News Daily.

12. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Dog News Daily email addresses or through Dog News Daily computer system, which is expressly prohibited by these TOU, will use or cause to be used servers located in California. Any unauthorized use of Dog News Daily computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. #1030 et seq.), and other criminal laws State and Federal, and may also result in civil liability. Such violations may subject the sender and his or her agents to civil and criminal penalties.

13. PAID POSTINGS AND SERVICES

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. Also, we may charge a fee to provide paid services in some areas of the Service. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.

14. LIMITATION ON SERVICE

You acknowledge that Dog News Daily may establish limits concerning use of the Service, including the maximum number of that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Dog News Daily has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Dog News Daily reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Dog News Daily shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

15. ACCESS TO THE SERVICE

Dog News Daily grants you a limited, revocable, nonexclusive license to access the Service for your own personal use in a limited way. This license does not include: (a) access to the Service by Posting Agent; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Dog News Daily. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset off classified listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

Dog News Daily permits you to display on your website, or create a hyperlink on your website to, individual posting on the Service so long as such use is for noncommercial an/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Dog News Daily to do so. You may also create a hyperlink to the home page of Dog News Daily sites so long as the link does not portray Dog News Daily, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner. Dog News Daily offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Dog News Daily permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that

(a) your use of the RSS feed is for personal, non-commercial purposes only,

(b) (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it,

(c) you provide, adjacent to the RSS feed, proper attribution to "Dog News Daily" as the source,

(d) your use or display does not suggest that Dog News Daily promotes or endorses any third party causes, ideas, web sites, products or services,

(e) you do not redistribute the RSS feed, and (f) your use does not overloads Dog News Daily's systems. Dog News Daily reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of Service beyond the scope of authorized access granted to you by Dog News Daily immediately terminates this permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Dog News Daily.

16. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Dog News Daily, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any aspect of the Service. Although Dog News Daily does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Dog News Daily an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Dog News Daily all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

17. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE DOG NEWS DAILY SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE DOG NEWS DAILY SITE AND SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DOG NEWS DAILY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE DOG NEWS DAILY SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DOG NEWS DAILY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DOG NEWS DAILY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE DOG NEWS DAILY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DOG NEWS DAILY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE DOG NEWS DAILY SITE OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

18. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DOG NEWS DAILY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DOG NEWS DAILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE DOG NEWS DAILY SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE DOG NEWS DAILY SITE OR THE SERVICE, FROM INABILITY TO USE THE DOG NEWS DAILY SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DOG NEWS DAILY SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DOG NEWS DAILY SITE OR THE SERVICE OR ANY LINKS ON THE DOG NEWS DAILY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DOG NEWS DAILY SITE OR THE SERVICE OR ANY LINKS ON THE DOG NEWS DAILY SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS ON LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

19. INDEMNITY

You agree to indemnify and hold Dog News Daily, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

20. VIOLATION OF TERMS

Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: admin@Dog News Daily.com 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. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Dog News Daily to pursue legal action to enforce the TOU, you will be liable to pay Dog News Daily the following amounts as liquidated damages, which you will be liable to pay Dog News Daily the following amounts as liquidated damages, which you accept as reasonable estimates of Dog News Daily's damages for the specified breaches of the TOU:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Dog News Daily one thousand dollars ($1,000.00) for each such message. This provision does not apply to messages that are lawful non-descriptive parodies of public figures.

b. If Dog News Daily establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Dog News Daily one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Dog News Daily in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Dog News Daily email addresses or through Dog News Daily computer systems, you agree to pay Dog News Daily twenty five dollars ($25) for each such email.

d. If you post Content in violation of the TOU, other than as described above, you agree to pay Dog News Daily one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Dog News Daily may elect to issue warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Dog News Daily one hundred dollars ($100) for each and every Item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Dog News Daily an additional one hundred dollars ($250) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without Dog News Daily's express written permission, you agree to pay Dog News Daily three thousand dollars ($4,500.00) for each day on which you engage in such conduct.

Otherwise, you agree to pay Dog News Daily's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, Dog News Daily retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.

BUSINESSES: BY SIGNING UP FOR THIS SERVICE YOU AGREE TO ALL OF THE TERMS AND CONDITIONS.

GENERAL PUBLIC: IF YOU DO NOT AGREE WITH DOG NEWS DAILY TERMS OF USE PLEASE LEAVE THIS WEBSITE

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