Updated: November 20, 2014
2. Eligibility and Account Registration
In order to access certain features of the Site and Services you must register to create an account (“Account”) and become a Subscriber. This applies both to Parents and Partners. To become an AKC User you must be at least 18 years old. Any registration by anyone under 18 is void. By completing the registration process to create an Account, you represent and warrant that you are 18 or older.
During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. AKC reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify AKC of any unauthorized use of your Account.
3. Accounts and Paid Features
When you subscribe to take advantage of AKC’s Paid Features, you will be required to provide customary billing information such as name, billing address, and payment information and select the products you want to purchase.
4. Payment Terms
You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to your use of the Site and Services. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. All subscriptions will renew automatically.
7. Content License
8. Application License
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of AKC and you hereby irrevocably assign to AKC and agree to irrevocably assign to AKC all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At AKC’s request and expense, you will execute documents and take such further acts as AKC may reasonably request to assist AKC to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. AKC can remove any comments from the website at its discretion.
You agree not to do any of the following while using the Site, Services, Content or the Application:
o Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
o Use, display, mirror, frame or utilize framing techniques to enclose the Site, Services or any individual element or materials within the Site, AKC’s name, any AKC trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page or the Application, without AKC’s express written consent;
o Access, tamper with, or use non-public areas of the Site, AKC’s computer systems, or the technical delivery systems of AKC’s providers;
o Attempt to probe, scan, or test the vulnerability of any AKC system or network or breach any security or authentication measures;
o Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by AKC or any of AKC’s providers or any other third party (including another user) to protect the Site, Services, Content or the Application;
o Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
o Use any meta tags or other hidden text or metadata utilizing a AKC trademark, logo URL or product name without AKC’s express written consent;
o Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Content or the Application to send altered, deceptive or false source-identifying information;
o Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Content or the Application;
o Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
o Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
o Impersonate or misrepresent your affiliation with any person or entity;
o Violate any applicable law or regulation; or
o Encourage or enable any other individual to do any of the foregoing.
AKC respects copyright law and expects its users to do the same. AKC has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of registered users or other account holders who infringe or are believed to be infringing the rights of copyright holders. Please see AKC’s Copyright/DMCA Policy, for further information.
The Site, Service and the Application may contain links to, or direct you to, third-party websites or resources. You acknowledge and agree that AKC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by AKC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
13. Termination and Account Cancellation
THE SITE, SERVICES, CONTENT AND THE APPLICATION ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AKC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
AKC MAKES NO WARRANTY THAT THE SITE, SERVICES, CONTENT OR THE APPLICATION WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AKC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES OR THE APPLICATION.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING AND OR ACCESSING THE SITE, CONTENT, SERVICES OR THE APPLICATION. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE, CONTENT, SERVICES OR THE APPLICATION. IMMEDIATELY DISCONTINUE USE OF THE SITE. CONTENT, SERVICES OR THE APPLICATION AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AKC OR THROUGH THE SITE, SERVICES, CONTENT OR THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT AKC DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES AKC MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. AKC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
16. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services, content, and the application remains with you. Neither AKC nor any other party involved in creating, producing, or delivering the site, services, content or the application will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the site, services, content or the application, or from any communications, interactions or meetings with other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not AKC has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that AKC is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, AKC will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the services or the application.
In no event will AKC’s aggregate liability arising out of or in connection with these terms or from the use of or inability to use the site, services, content or the application exceed the amounts you have paid to AKC for the use of the site, services, content and/or the application giving rise to a claim in the twelve months preceding the date of such claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between AKC and you.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
17. Propriety Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of AKC used herein are trademarks or registered trademarks of AKC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
18. Controlling Law and Jurisdiction
The laws of the State of Colorado and the applicable laws of the United States of America shall govern this agreement. The parties have required that this agreement and all documents and notices related thereto and/or resulting therefrom be drawn up in English.
19. Entire Agreement