TERMS AND CONDITIONS OF USE
BulldogMediaGroup.com (the “Site(s)”) are online information services provided by
Bulldog Media Group subject to your compliance with the terms and conditions
set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. BULLDOG MEDIA GROUP MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED OR REPEATED ACCESS OR USE OF
THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses, Idea Submissions and Trademarks.
The entire contents of the Site are protected by all applicable copyright and trademark
laws. The owner of the copyrights and trademarks is Bulldog Media Group, its
affiliates, successors, beneficiaries, or other third party licensors. YOU MAY NOT
COPY, MODIFY, REPRODUCE, REPUBLISH, POST, UPLOAD, OR DISTRIBUTE OR TRANSMIT, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may only print and download portions of material from the different areas of
the Site solely for your own non-commercial use on the condition that you agree
not to change or delete any copyright or proprietary notices from the site(s). You
agree to grant to Bulldog Media Group, a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to reproduce, distribute, transmit, sub-license,
create derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by e-mail to Bulldog Media Group
by all means and in any media now known or hereafter developed. You also grant
to Bulldog Media Group the right to use your name in connection with the submitted
materials and other information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall have no recourse
against Bulldog Media Group for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to Bulldog Media Group Publications,
products, content or services referenced herein or on the Site are the exclusive
trademarks or service marks of Bulldog Media Group Other product and company
names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site and Disclaimer of all Warranties.
You understand that, except for information, products or services clearly identified
as being supplied by Bulldog Media Group sites, Bulldog Media Group
does not operate, control or endorse any information, products or services on the
Internet in any way. Except for sites mentioned above, identified information, products
or services, all information, products and services offered through the Site or
on the Internet generally are offered by third parties that are not affiliated with
Bulldog Media Group or sites. You also understand that Bulldog Media Group
cannot and does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
BULLDOG MEDIA GROUP PROVIDES THE SITE(S) AND RELATED INFORMATION “AS IS” AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND BULLDOG MEDIA GROUP SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS,
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. BULLDOG MEDIA GROUP
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS.
BULLDOG MEDIA GROUP HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
Bulldog Media Group makes no representations whatsoever about any other web
site which you may access through this one or which may link to this Site. When
you access a non-Bulldog Media Group web site(s), please understand that it
is independent from Bulldog Media Group, and that Bulldog Media Group
has no control over the content on that web site. In addition, a link to a Bulldog
Media Group web site does not mean that Bulldog Media Group endorses
or accepts any responsibility for the content, or the use, of such web site.
3. Limitation Of Liability.
IN NO EVENT WILL BULLDOG MEDIA GROUP BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF BULLDOGMEDIAGROUP.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SITE(S). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, BULLDOGMEDIAGROUP.COM LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
4. Indemnification.
You agree to indemnify, defend and hold harmless Bulldog Media Group, its
affiliates, successors, joint venturers, partners, officers, directors, employees,
agents, licensors, suppliers and any third party information providers to the Service
from and against all losses, expenses, damages and costs, including reasonable attorneys’
fees, resulting from any violation of this Agreement (including but not limited
to negligent or wrongful conduct) by you or any other person accessing the Service.
5. Third Party Rights.
The provisions of paragraphs 2 (Use of the Site and Disclaimer of all Warranties),
and 4 (Indemnification) are for the benefit of Bulldog Media Group and its
officers, directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions directly against you on its
own behalf.
6. Term; Termination.
This Agreement may be terminated by either party without notice at any time for
any reason. The provisions of paragraphs:
1. (Copyright, Licenses, Idea Submissions, and Trademarks),
2. (Use of the Site and Disclaimer of all Warranties),
4. (Indemnification),
5. (Third Party Rights), and
7. (Miscellaneous) shall survive termination of this Agreement.
7. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of
United States of America applicable to agreements made and to be performed in United
States of America. You agree that any legal action or proceeding between Bulldog
Media Group and you for any purpose concerning this Agreement or the parties’
obligations hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in the State of South Dakota, United States of America
Any cause of action or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim or cause
of action is barred. Bulldog Media Group’s failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed as
a waiver of any provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of this Agreement. Bulldog
Media Group may assign its rights and duties under this Agreement to any party
at any time without notice to you.
Any rights of Bulldog Media Group not expressly granted herein are reserved.
If you have any questions about these terms of use statement, please contact us at:
Bulldog Media Group
PO Box 463
114 N Egan Avenue
Madison, SD 57042
or contact us online
Effective as of December 19, 2006
Updated as of September 1, 2009