TERMS OF USE
DUCKHILLFARM.COM Web Site Copyright Statement
WALK THE DOG PRODUCTIONS, INC. (”WALK THE DOG PRODUCTIONS, INC. “)
Website Terms of Use Agreement (”Agreement”)
Date last amended: 4 July, 2009
WEB SITE TERMS OF USE
Collectively, the terms below are referred to as the “Agreement.”
Read the following terms and conditions carefully before using this site. By using or accessing this site, you acknowledge that you have read these terms of use (”Agreement”), and that you accept and will be bound by the agreement.
The following agreement describes the terms under which you may access and use the DUCKHILLFARM.COM or affiliated websites, which include but are not limited to DUCKHILLFARM.COM, WALKTHEDOGPRODUCTIONS.COM, collectively (”our websites”). By accessing and viewing our websites or any documentation contained therein you are agreeing to be legally bound by all of the terms and conditions of this agreement. If you do not agree with all of the terms and conditions of this agreement, you may not access, view or use the website or any documentation contained therein. Please exit now.
1. COPYRIGHT NOTICE
©Copyright 1999-2009. WALK THE DOG PRODUCTIONS, INC. ALL RIGHTS RESERVED.
2. TRADEMARK NOTICE
The trademarks, logos, service marks (collectively “Trademarks”) displayed on DUCKHILLFARM.COM are registered or unregistered Trademarks of WALK THE DOG PRODUCTIONS, INC. its Affiliates or respective owners. “Walk The Dog Productions”, “Duck Hill Farm” and all corresponding logos, and are trademarks and/or service marks of WALK THE DOG PRODUCTIONS, INC. Nothing contained on DUCKHILLFARM.COM should be construed as granting by implication, estoppel or otherwise, any license or right to use the Trademarks displayed on DUCKHILLFARM.COM. Misuse of any Trademark or content displayed on DUCKHILLFARM.COM is prohibited. We will take all available steps to protect our intellectual property. No exceptions.
3. LICENSE & OWNERSHIP BY WALK THE DOG PRODUCTIONS
License. No License of any kind is granted under this document.
Ownership. All Content, IMAGES, Code, and Graphics on DUCKHILLFARM.COM are (and shall continue to be) owned exclusively by WALK THE DOG PRODUCTIONS, INC. (collectively or individually) and is protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights, and the copying, redistribution, use or publication by you of any such Content, IMAGES, Code, and Graphics or any other part of DUCKHILLFARM.COM is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content, IMAGES, Code, and Graphics by or through Your Site Use. Theft is taken very seriously. Again, we will take all steps necessary and available to us to protect our intellectual property. No exceptions.
4. RESTRICTIONS ON USE
a. Prohibited Acts. Concerning Your Site Use or any Content, you agree not to:
§ Restrict or inhibit any other user from using and enjoying DUCKHILLFARM.COM;
§ Use any device, software or technique to interfere with or attempt to interfere with the proper working of DUCKHILLFARM.COM;
§ Post or transmit into or on DUCKHILLFARM.COM any unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful Information of any kind;
§ Post or transmit into or on DUCKHILLFARM.COM any Information or software that contains a virus, bug, worm, trojan horse or other harmful or disruptive element;
§ Publish, republish, perform, distribute, assign, sublicense, sell, prepare derivative works, modify, lease, rent, copy, reverse compile, reverse engineer, reverse assemble, transmit, display, decompile, translate, or use the Content, IMAGES, Code, and/or Graphics without EXPRESS WRITTEN CONSENT from an Officer of WALK THE DOG PRODUCTIONS, INC.;
§ Post or transmit into or on DUCKHILLFARM.COM any Information in violation of another party’s copyright or intellectual property rights, including Information that infringes on another’s rights;
§ Take any action which imposes an unreasonable or disproportionately large load on DUCKHILLFARM.COM infrastructure, as determined solely by WALK THE DOG PRODUCTIONS, INC. ;
§ Redeliver any of the Content using “framing”, hyperlinks, or other technology without WALK THE DOG PRODUCTIONS, INC. express written permission; or,
§ Use any device or technology to provide repeated automated attempts to access password-protected portions of the Site.
b. Commercial Exploitation. You agree not to reproduce or commercially exploit any Content in any form.
c. Right to Regulate. You acknowledge that WALK THE DOG PRODUCTIONS, INC. has the right, but no obligation, to monitor DUCKHILLFARM.COM and to disclose any Information necessary to operate DUCKHILLFARM.COM, to protect WALK THE DOG PRODUCTIONS, INC. its subsidiaries, licensors, and customers, and to comply with legal obligations or governmental requests. WALK THE DOG PRODUCTIONS, INC. reserves the right to refuse to post or to remove any Information on DUCKHILLFARM.COM, in whole or in part, for any reason.
d. Law Compliance. You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding Your Site Use.
5. YOUR SITE USE ACTIVITIES
§ Password-Protected Areas. If you are allowed access to password-protected areas of DUCKHILLFARM.COM, you agree to keep your password confidential, to send Notice to DUCKHILLFARM.COM within 24 hours if your password is compromised.
§ Unauthorized E-mail. Relating to Your Site Use, you agree not to engage in the sending of any mass e-mail messages (also known as “spamming”) to DUCKHILLFARM.COM or WALK THE DOG PRODUCTIONS, INC. or its employees.
§ Linked-Sites. You acknowledge that WALK THE DOG PRODUCTIONS, INC. neither endorses nor is affiliated with any Linked-Site and is not responsible for any information (including any materials, software, content, or data) that appears on the Linked-Site. No information in any Linked-Site has been investigated, confirmed, approved, or verified by WALK THE DOG PRODUCTIONS, INC. You also acknowledge that the owner of the Linked-Site neither endorses nor is affiliated with WALK THE DOG PRODUCTIONS, INC. If you have a dispute or claim relating to a Linked-Site, you release WALK THE DOG PRODUCTIONS, INC. from any and all such claims.
§ Dated Materials. You acknowledge that WALK THE DOG PRODUCTIONS, INC. has no obligation to update DUCKHILLFARM.COM, and that there is a possibility that Content may be out of date.
§ External Issues. You acknowledge that (i) the internet is a network of computers worldwide, and that any Information submitted by you to WALK THE DOG PRODUCTIONS, INC. necessarily is routed via third party computers to WALK THE DOG PRODUCTIONS, INC. (ii) WALK THE DOG PRODUCTIONS, INC. is not responsible for lapses in online security and does not assume liability for improper use of your Information by a third party.
6. SUBMISSIONS OF INFORMATION BY YOU
When applicable, before submitting any Information to DUCKHILLFARM.COM, you agree to always check your license agreements (including software licenses) to make sure that you do not infringe the intellectual property rights of others.
You agree that, by submitting any Information to DUCKHILLFARM.COM you grant WALK THE DOG PRODUCTIONS, INC. a nonexclusive, worldwide, perpetual, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, reproduce, distribute, adapt, perform, display, sublicense (through multiple tiers), exploit, and prepare derivative works of the submitted Information. By submitting Information to DUCKHILLFARM.COM and WALK THE DOG PRODUCTIONS, INC. you represent and warrant that you have the authority to grant such rights to WALK THE DOG PRODUCTIONS, INC.
No Information you submit shall be deemed confidential. However, WALK THE DOG PRODUCTIONS, INC. agrees to use your Information in accordance with its Privacy Policy (if any) applicable to personally identifiable user data.
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO DUCKHILLFARM.COM AND/OR WALK THE DOG PRODUCTIONS, INC.
7. APPLICABILITY, COOPERATION & INDEMNITY
§ Geographic Scope. WALK THE DOG PRODUCTIONS, INC. reserve the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so desires, or as required by law.
§ Content changes. WALK THE DOG PRODUCTIONS, INC. in its sole discretion may add, delete or change the Content at any time, without notice to you.
§ Indemnity. You agree to indemnify, defend and hold harmless WALK THE DOG PRODUCTIONS, INC. against any and all liabilities, claims, damages, costs or other expenses (including attorneys’ fees, costs, expenses, and expert witness fees) that arise directly or indirectly out of or from (i) your breach of this Agreement, or (ii) Your Site Use.
8. RESTRICTED RIGHTS & EXPORT CONTROLS
§ Government Use. Government use of this site is prohibited.
§ Export Compliance. You acknowledge and agree to comply with all U.S. laws, regulations and requirements applicable to the export of U.S. origin products and technology.
9. LIMITED WARRANTY AND DISCLAIMER
DISCLAIMER OF WARRANTY. WALK THE DOG PRODUCTIONS, INC. AND OTHER CONTENT PROVIDERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS “AS IS” AND “AS AVAILABLE”, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY WAIVE ALL WARRANTIES BY WALK THE DOG PRODUCTIONS, INC. RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL WALK THE DOG PRODUCTIONS, INC. OR ANY OF THE CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
10. CONTACTING WALK THE DOG PRODUCTIONS, INC.
Should you desire to contact WALK THE DOG PRODUCTIONS, INC. you may do so at: HTTP://WWW.WALKTHEDOGPRODUCTIONS.COM. Physical and/or legal address is available upon request.
11. MISCELLANEOUS
§ Transaction Location, Governing Law, Jurisdiction, & Venue. This Agreement shall be treated as though it were executed and performed in ATLANTA, GEORGIA, USA, and shall be governed by and construed in accordance with the laws of THE UNITED STATES OF AMERICA and of the STATE of GEORGIA (exclusive of conflicts of law rules). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Each party to this Agreement hereby submits to the exclusive jurisdiction of ATLANTA in the STATE of GEORGIA, consents to the extra-territorial service of process, and waives any jurisdictional, venue or inconvenient forum objections to such courts. All legal proceedings arising out of or in connection with this Agreement shall be brought up solely in ATLANTA, GEORGIA, U.S.A. WALK THE DOG PRODUCTIONS, INC. make no representation that the Content is appropriate or available for use in locations outside of THE UNITED STATES OF AMERICA, and your accessing the Content from locations where such Content is illegal is strictly prohibited.
§ Disputes & Attorneys’ Fees. In any action to enforce this Agreement, the prevailing party will be entitled to its costs, attorneys’ fees, and expenses (including expert witness fees). You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to DUCKHILLFARM.COM, WALK THE DOG PRODUCTIONS, INC. or Other Providers and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, WALK THE DOG PRODUCTIONS, INC. and Other Providers will be entitled to injunctive relief for any breach of this Agreement.
§ Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
§ Complete Integration. This Agreement constitutes the entire and only agreement between you, WALK THE DOG PRODUCTIONS, INC. pertaining to the subject matter hereof, and is intended to be a complete and absolute integration of the agreement between the parties. Concerning the subject matter hereof, any and all prior written agreements, representations, understandings, and warranties (collectively, “Understandings”), and all contemporaneous or prior oral Understandings between the parties are expressly superseded, cancelled, and replaced by this Agreement. You agree to review this Agreement prior to any Site Use, and each Site Use by you shall constitute and be deemed your unconditional acceptance of this Agreement. The Parties agree that this Agreement and all Information relating to Your Site Use are properly authenticated documents and may be given full evidentiary weight if submitted in evidence by you or WALK THE DOG PRODUCTIONS, INC. .
§ Modifications. This Agreement may only be modified by WALK THE DOG PRODUCTIONS, INC. by posting a Revised Agreement on DUCKHILLFARM.COM. The Revised Agreement shall be effective immediately for all of your subsequent Site Use. You agree to review the Agreement periodically to be aware of the terms and conditions applicable to future Site Use.
§ Limitations Period. Any cause of action by either party must be instituted within one (1) year after the Site Use relating to such cause of action, or be forever waived and barred.
§ Termination. The Agreement may be terminated by either Party, in its sole and absolute discretion, at any time and for any reason (with or without cause), with or without notice. If the Agreement is terminated, you agree to cease all Site Use and, upon request by WALK THE DOG PRODUCTIONS, INC. , to return all Information in your possession relating to the Site, and all copies thereof.
§ Survival of Certain Provisions. The provisions of the sections titled “License Grant & Exclusive Ownership by WALK THE DOG PRODUCTIONS, INC. ” (sub-section “b.” only), “Restrictions on Use”, “Warranty and Disclaimer”, “Limited Applicability, Cooperation & Indemnity”, “Your Site Use Activities”, “Submissions of Information by You”, “Miscellaneous” (only sub-sections “Transaction Location, Governing Law, Jurisdiction & Venue”, “Disputes & Attorneys’ Fees”, “Severability”, “Limitations Period”, and “Termination”) shall survive the expiration or termination of this Agreement. No expiration or termination of this Agreement shall release you from any obligation to pay WALK THE DOG PRODUCTIONS, INC. any amount that has accrued and become payable at or prior to the date of expiration or termination.
§ Assignment; Transfer. You shall not assign or transfer any interest in this Agreement, whether by merger, consolidation, operation of law, or otherwise without the prior written consent of an authorized executive officer of WALK THE DOG PRODUCTIONS, INC.
§ Waiver. No delay or omission to exercise any right or remedy accruing to WALK THE DOG PRODUCTIONS, INC. upon any breach or default by you shall impair that right or remedy, or be construed to be a waiver of any breach or default, unless contained in an express writing executed by an authorized officer of WALK THE DOG PRODUCTIONS, INC.
§ Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement.
§ No Agency. You and WALK THE DOG PRODUCTIONS, INC. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
§ Conflicts. If this Agreement conflicts with a provision of any other contract between you and WALK THE DOG PRODUCTIONS, INC. relating to DUCKHILLFARM.COM, the provision in such other Agreement shall govern.
12. GLOSSARY
The following terms, when used in this Agreement, shall have the following meanings:
“Agreement”. The term “Agreement” means this Terms of Use contract, including each and every term and condition of the Terms of Use.
“Content”. The term “Content” means all Information, IMAGES, Code, Graphics, data, or other material, in any form or media, contained in, obtained from, or relating to DUCKHILLFARM.COM, including all results obtained from DUCKHILLFARM.COM.
“Content Providers”. The term “Content Providers” means WALK THE DOG PRODUCTIONS, INC. and/or Other Providers. “Including”, “includes”, “include”. The phrases “including”, “includes”, and “include”, wherever used in the Agreement, means “including, but not limited to”.
“Information”. The phrase “Information” includes all data, information, documents, files, personally-identifying information, and software disclosed by one party to the other in connection with DUCKHILLFARM.COM or Your Site Use.
“Linked-Site”. A “Linked-Site” means any internet site (including all information, data, and content thereon) that is linked to the Site, but not owned by WALK THE DOG PRODUCTIONS, INC.
“Notice”. The phrase “Notice” refers to the sending of Information by you to WALK THE DOG PRODUCTIONS, INC. via certified mail, return receipt requested, to WALK THE DOG PRODUCTIONS, INC. Address will be provided upon request.
“Other Providers”. The terms “Other Providers” means WALK THE DOG PRODUCTIONS, INC. direct or indirect licensors, its affiliates, or other contributors to DUCKHILLFARM.COM.
“Parties”. The term “Parties” refers to DUCKHILLFARM.COM, WALK THE DOG PRODUCTIONS, INC. and you, collectively.
“Privacy Policy”. The phrase “Privacy Policy” refers to DUCKHILLFARM.COM and WALK THE DOG PRODUCTIONS, INC. official published privacy policy, if any; describing WALK THE DOG PRODUCTIONS, INC. intended uses of your personally identifiable Information.
“Revised Agreement”. If the Agreement is modified in accordance with the section titled “Modifications”, for convenience in distinguishing the original Agreement from the modified Agreement, the modified Agreement may be referred to as the “Revised Agreement”.
“Site”. The term “Site” means any DUCKHILLFARM.COM internet site, page (and all sub-pages), uniform resource locator (”URL”), domain location, and all Information and Content thereon.
“Site Use”. The term “Site Use” means your use of or access to DUCKHILLFARM.COM (or any Content thereon), as well as any other activities in which you engage relating to DUCKHILLFARM.COM.
13. ADMENDMENTS
WALK THE DOG PRODUCTIONS, INC. may amend this Agreement at any time by posting a new Agreement in place of this one. The amended Agreement shall automatically be effective when posted.
©2009 WALK THE DOG PRODUCTIONS, INC. All rights reserved.
Copyright in this document published on DUCKHILLFARM.COM is owned by WALK THE DOG PRODUCTIONS, INC. Copyright to some individual images contained within the portion of DUCKHILLFARM.COM may belong to others. WALK THE DOG PRODUCTIONS, INC. specifically retains all rights, including copyright, which it may have in data, code, files and/or images, text and the media contained on DUCKHILLFARM.COM. Commercial publications, copying or redistribution of DUCKHILLFARM.COM documents in any manner for personal or corporate gain is prohibited without prior written permission.
Any product, service, program or technology described in any document on DUCKHILLFARM.COM may be the subject of other intellectual property rights owned by WALK THE DOG PRODUCTIONS, INC. or others. Any such right that is not expressly licensed hereunder is reserved by WALK THE DOG PRODUCTIONS, INC. and/or the owner of such right.
Use of this site signifies your agreement to the TERMS OF USE. All other marks, symbols and trademarks are the property of their respective owners.







Entries (RSS)