By Jove
Copyright (c) 2002 By Jove
All rights reserved.
PLEASE READ
Welcome to byjove.net. Byjove.net supports freedom of speech, both on and off the Internet. However, the goal of this web site is to provide access to the widest selection of Bermese Mountain Dog Specialty Products to the largest group of people possible. To insure a safe, nonoffensive environment for all of our users, we have established our Terms and Conditions. It spells out what you can expect from us and what we expect from you. By accessing any areas of byjove.net, users ("Users") agree to be legally bound and to abide by the terms set forth below. Byjove.net is owned and operated by By Jove. Any references herein to byjove.net shall be deemed to refer to By Jove.
I. TRADEMARKS
Byjove.netSM and By JoveSM are service marks of By Jove. All rights reserved. By Jove graphics, logos and service marks and trademarks of By Jove may not be used without the prior written consent of By Jove. All other trademarks, product names, and company names and logos appearing on byjove.net are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of byjove.net is at User's sole risk. Neither byjove.net, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that byjove.net will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of byjove.net, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through byjove.net.
THIS SITE IS PROVIDED BY BYJOVE.NET ON AN "AS IS" AND "AS AVAILABLE" BASIS. BYJOVE.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BYJOVE.NET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BYJOVE.NET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BYJOVE.NET, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL THE USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall byjove.net or any other party involved in creating, producing, or distributing byjove.net be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use byjove.net, including but not limited to reliance by a User on any information obtained from byjove.net or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to byjove.net's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through byjove.net. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that byjove.net contains information, data, software, photographs, typefaces, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and By Jove owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
IV. ONLINE CONDUCT
User agrees to use byjove.net only for lawful purposes. User is prohibited from posting on or transmitting through byjove.net any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If byjove.net is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review), byjove.net may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from byjove.net. byjove.net may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate byjove.net; or (iii) to protect the rights or property of byjove.net, its Users or Providers.
Byjove.net reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, byjove.net, the communities that make up byjove.net, or any rights of byjove.net or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither byjove.net nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither byjove.net, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on byjove.net.
V. PRIVACY POLICY
In accordance with the terms of byjove.net's Privacy Policy, http://www.byjove.net/xcart/customer/help.php?section=business, byjove.net respects the privacy of its Users.
VI. TERMINATION OF USAGE
Byjove.net may terminate User's access, or suspend any User's access to all or part of byjove.net, without notice, for any conduct that byjove.net, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or byjove.net.
VII. USAGE BY CHILDREN UNDER 13
Byjove.net cannot prohibit minors from visiting this site. Byjove.net must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
Byjove.net requires that all purchases be made either by individuals 13 years of age or older. EACH TIME YOU PURCHASE A PRODUCT AT BYJOVE.NET, YOU ARE REPRESENTING TO BYJOVE.NET THAT YOU ARE AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.
VIII. APPLICABLE LAW
This site is created and controlled by byjove.net in the State of Ohio. As such, the laws of the State of Ohio will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Byjove.net reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Ohio and of the United States of America located in the State of Ohio for any litigation arising out of or relating to use of or purchase made through byjove.net (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Ohio Courts and agrees not to plead or claim in any Ohio Court that such litigation brought therein has been brought in an inconvenient forum.
IX. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between you and byjove.net regarding your relationship with byjove.net and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS by using the byjove.net web site. The aforementioned Terms and Conditions are subject to change.
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