25.0. Terms of Service
By using this website you are certifying that you are at least thirteen (13) years of age and that you agree to be bound by all of the following “Terms of Service” hereafter “TOS”.
This service is intented to provide information and educate the User about issues about so-called “Pit Bulls”.
pitbullsfactormyth.net is a free site for all visitors and is the property of Ferret, Inc.
Posted responses may be indexed by Internet search engines.
Ferret, Inc. dba pitbullsfactormyth.net is not responsible for the validity of the author’s stories posted to the pitbullsfactormyth.net site.
All pitbullsfactormyth.net Users are free to form their own conclusions regarding any posted stories.
Stories posted on pitbullsfactormyth.net are indexed by search engines, which are not related to Ferret, Inc. dba pitbullsfactormyth.net. When a page is indexed, it is added to search engine’s index and can be located via a search query using that particular search engine. When a posted story is deleted from pitbullsfactormyth.net, either at the instruction of a United States of America court or the Homeowner/Author of that story, any search index that previously indexed that story will still maintain that story in its search engine document and link cache, despite the deletion of that story from pitbullsfactormyth.net.
Ferret, Inc. dba pitbullsfactormyth.net will not attempt to remove or update outdated links to deleted stories or references by third-party search engines, directories or websites to content on pitbullsfactormyth.net.
As a condition of your use of this Service, you warrant to Ferret, Inc. dba pitbullsfactormyth.net that you will not use this Service for any purpose that is unlawful or prohibited by these TOS.
The Service is provided to individuals only and for personal use only.
Any unauthorized commercial use of this Service or the resale of its services, gathered data and posted stories is expressly prohibited.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including your responses and content of your stories.
By way of example, and not as a limitation, you agree not to:
1. Use this Service in connection with surveys, other than those of Ferret, Inc. dba pitbullsfactormyth.net, contests, pyramid schemes, chain letters, junk e-mail or spamming;
2. Defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
3. Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, racist, indecent or unlawful material or information;
4. Advertise or offer to sell or buy any goods or services for any purpose;
5. Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
6. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, except as necessary to protect yourself from targeting and harassment;
7. Use, download or otherwise copy, or provide to any person or entity any directory of this Service’s members or other User or usage information or any portion thereof other than in the context of your use of this Service as permitted under the TOS;
8. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
9. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
10. Interfere with or disrupt networks connected to this Service or violate the regulations, policies or procedures of such networks;
11. Attempt to gain unauthorized access to this Service, other accounts, computer systems or networks connected to this Service, through password mining or any other means;
12. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America through this Service; and
13. Interfere with another member’s use and enjoyment of this Service or another individual’s or entity’s use and enjoyment of similar services.
Ferret, Inc. dba pitbullsfactormyth.net has no obligation to monitor this Service or any User’s use thereof or retain the content of any User session. However, Ferret, Inc. dba pitbullsfactormyth.net reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
LINKS TO THIRD PARTY SITES
THE LINKS THAT MAY BE INCLUDED WITHIN THIS SERVICE MAY ALLOW YOU TO LEAVE THIS WEBSITE TO GO TO A LINKED SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Ferret, Inc. dba pitbullsfactormyth.net AND Ferret, Inc. dba pitbullsfactormyth.net IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE OR ANY CHANGES OR UPDATES TO SUCH SITES. Ferret, Inc. dba pitbullsfactormyth.net IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
ANY LINKS PROVIDED TO YOU BY Ferret, Inc. dba pitbullsfactormyth.net ARE PROVIDED ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Ferret, Inc. dba pitbullsfactormyth.net OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.
DISCLAIMERS AND LIMITATION OF LIABILITY
The information and services included in or available through this Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Ferret, Inc. dba pitbullsfactormyth.net may make improvements and/or changes in this Service at any time.
Ferret, Inc. dba pitbullsfactormyth.net does not represent or warrant that this Service will be uninterrupted or error-free, that defects will be corrected, or that this Service or the server that makes it available, are free of viruses or other harmful components.
Ferret, Inc. dba pitbullsfactormyth.net does not warrant or represent that the use or the results of the use of this Service or the materials made available, as part of this Service will be correct, accurate, timely or otherwise reliable. You specifically agree that Ferret, Inc. dba pitbullsfactormyth.net shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received or any transactions entered into through this Service.
You specifically agree that Ferret, Inc. dba pitbullsfactormyth.net is not responsible or liable for any threatening, defamatory, obscene, racist, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Ferret, Inc. dba pitbullsfactormyth.net is not responsible for any content sent using and/or included in this Service by any third party.
WARRANTIES
Ferret, Inc. dba pitbullsfactormyth.net AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THIS SERVICE FOR ANY PURPOSE.
THIS SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Ferret, Inc. dba pitbullsfactormyth.net AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Ferret, Inc. dba pitbullsfactormyth.net AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SERVICE OR RELATED WEBSITES, WITH THE DELAY OR INABILITY TO USE THIS SERVICE OR RELATED WEBSITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Ferret, Inc. dba pitbullsfactormyth.net OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITES.
Ferret, Inc. dba pitbullsfactormyth.net DOES NOT ACCEPT GIFTS OR PREMIUMS OF ANY KIND.
Do not send any item (s) of value or gifts to Ferret, Inc. dba pitbullsfactormyth.net. If something of value or a gift is received, this item will be signed for, received, inspected by Ferret, Inc. dba pitbullsfactormyth.net so Ferret, Inc. dba pitbullsfactormyth.net can identify it and from whom the item was sent. The item will be returned to the original sender. Ferret, Inc. dba pitbullsfactormyth.net does not and will not accept gifts or premiums of any kind.
INDEMNIFICATION
You agree to forever indemnify and hold Ferret, Inc. dba pitbullsfactormyth.net, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on this Service.
TERMINATION
Ferret, Inc. dba pitbullsfactormyth.net may terminate your access to any part or all of this Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
If you wish to terminate your account, your only recourse is to discontinue the use of the Service.
Ferret, Inc. dba pitbullsfactormyth.net shall have no obligation to maintain any content in your account.
NO SPAM: DAMAGES
Ferret, Inc. dba pitbullsfactormyth.net will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk e-mail.
In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Ferret, Inc. dba pitbullsfactormyth.net liquidated damages of $10 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account, otherwise you agree to pay Ferret, Inc. dba pitbullsfactormyth.net’s actual damages, to the extent such actual damages can be reasonably calculated.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings with advertisers on this Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Ferret, Inc. dba pitbullsfactormyth.net shall not be responsible or liable for any part of any such dealings or promotions.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by this Service, by Ferret, Inc. dba pitbullsfactormyth.net or Ferret, Inc. dba pitbullsfactormyth.net’s advertisers or other content providers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
All User content (all information submitted to the Ferret, Inc. dba pitbullsfactormyth.net site from Users) is owned by this website, including, but not limited to, messages, images and files.
You may view online or make a copy of this content for your personal, noncommercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated websites, including code and software.
MODIFICATIONS TO TERMS OF SERVICE
Ferret, Inc. dba pitbullsfactormyth.net reserves the right to change the TOS or policies regarding the use of this Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.
GENERAL
The laws of the State of Texas and the United States of America govern this agreement. Jurisdiction for any legal proceedings will be in the courts of Harris County, Texas.
Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these TOS, including without limitation this paragraph.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Ferret, Inc. dba pitbullsfactormyth.net as a result of this agreement or use of this Service.
Ferret, Inc. dba pitbullsfactormyth.net’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ferret, Inc. dba pitbullsfactormyth.net’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Ferret, Inc. dba pitbullsfactormyth.net with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Ferret, Inc. dba pitbullsfactormyth.net with respect to this Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Ferret, Inc. dba pitbullsfactormyth.net with respect to this Service.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You and Ferret, Inc. dba pitbullsfactormyth.net agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
LANGUAGE
It is the express agreement of the parties that this agreement and all related documents have been drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES: All contents of the Service are: Copyright Ferret, Inc. (c) 2016
TRADEMARKS. Ferret, Inc. dba pitbullsfactormyth.net products and services referenced herein are either trademarks or registered trademarks of Ferret, Inc. dba pitbullsfactormyth.net. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
