The My.IntelliPups Community is a social network Community website which allows participants to create their own 'Home Page', and to interact with other Members
through Services offered by My.IntelliPups. The My.Intellipups
Network is one of multiple websites and/or services offered by the
These websites and services are known collectivly as the IntelliPups Services,
and are referred to as "we", "our" and "us". These service(s) include
all of the other additional features, content, and/or applications offered
by us from time to time.
These terms and conditions apply to each of the IntelliPups operated Websites
and to all of the Services provided therein.
All of the Websites referred to herein and all of our Services are hosted in
the United States of America.
for your use of our Services. By using the these Services, you agree to be
bound by this Agreement, whether you are a "Visitor" (meaning that you
simply browse the Website(s)) or you are a "Member" (meaning that you have
registered with one or more of the included services). Within this
Agreement, the term "User" refers to either or both Visitors or Members.
You are only authorized to use any of our Services
(regardless of whether or not your access or use is intended) if you agree
by all applicable laws and to this Agreement. You must read this
Agreement fully and carefully and save it for future reference. If you do not agree with the terms of the Agreement, you should leave
the Website and discontinue use of the all of IntelliPups Services immediately.
If you wish to become a Member, communicate with other Members and make use
of our Services, you must read this Agreement and indicate your acceptance
during the Registration process.
We may at our own discretion, amend this Agreement from time to time.
Such amendments shall be effective upon their posting on the affected Website(s). You
agree to be bound by any and all changes to this Agreement by your use of our
Services after any such modification is posted. It is therefore
important that you regularly review this Agreement to ensure you are familiar
with, and Agree to any and all changes.
You must carefully choose the information that you post on the Website and that you
provide to other Users. Your My.IntelliPups Community profile may not
include the following items:
- Telephone numbers
- Street addresses
- Last names
- Photographs containing nudity
- Obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter
Despite this prohibition, you must be aware that information provided on the Website or through the
Services by other Members may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or services.
We assume NO responsibility or liability for this or any material provided by
other Users. If you
become aware of misuse of our Services by any person, please contact us or
click on the "Report Inappropriate Content" link at the bottom of any website page.
We reserve the right, in our sole discretion, to
reject, refuse to post or remove any posting (including private messages) by
you, or to restrict, suspend, or terminate your access to all or any part of
our Services at any time, for any or no reason, with or without prior notice,
and without liability.
- Eligibility. Use of and Membership in the IntelliPups Services
is void where prohibited. By using our Services, you represent and
Your website Homepage and all information and files therein may be deleted and your Membership may be terminated without
warning, if we believe that you are under 14 years of age.
- All registration information you submit is truthful and accurate;
- You will maintain the accuracy of such information;
- You are 14 years of age or older; and
- Your use of the Services does not violate any applicable law or regulation.
- Term. This Agreement shall remain in full force and effect while you use
our Services or are a Member. You may terminate your Membership at any
time, for any reason, by following the instructions on the Member's Account
Settings page. We reserve the right to terminate your Membership at any
time, without warning. Even after Membership is terminated, this
Agreement will remain in effect, including sections 5-17.
- Fees. You acknowledge that we reserve the right to charge for our
Services and to change our fees for those Services at any time at our discretion. If
we terminate your Membership because you have breached the Agreement, you
shall not be entitled to the refund of any unused portion of subscription fees.
- Password. When you sign up to become a Member, you will be asked to
choose a password. You are entirely responsible for maintaining the
confidentiality of your password and for changing it periodically to maintain
the security of your Membership access to our Services. You agree not to use the account,
username, or password of another Member at any time or to disclose your
password to any third party. You agree to notify us immediately if you
suspect any unauthorized use of your account or access to your password.
You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. Our Services are for the personal use of
Members only and may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by IntelliPups
or the My.IntelliPups Community. Illegal and/or unauthorized use of our
Services, including but not limited to, collecting usernames and/or email addresses of Members
by electronic or other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the Website is prohibited.
Commercial advertisements, affiliate links, and other forms of solicitation
may be removed from Member profiles without notice and may result in
termination of Membership privileges. Appropriate legal action will be
taken for any illegal or unauthorized use of our Services.
You May include commercial advertisements at your own discretion within
public or private presentations utilizing the CastHopper online
- Proprietary Rights in Content on the My.IntelliPups Community Website.
- We do not claim any ownership rights in the text, files, images,
video, sounds, musical works, works of authorship, or any other materials
(collectively, "Content") that you post to the Website. After posting
your Content to the Website, you continue to retain all ownership rights in
such Content, and you continue to have the right to use your Content in any
manner you choose. By displaying or publishing ("posting") any Content on
or through our Services, you hereby grant to us a limited license to use,
modify, publicly perform, publicly display, reproduce, and distribute such
Content solely on, by and/or through our Services.
Without this license, we would be unable to provide our Services.
For example, without the right to modify Member Content, we would not be able
to digitally compress music files that Members submit or otherwise format
Content to satisfy technical requirements, and without the right to publicly
perform Member Content, we could not allow Users to listen to music posted
by Members. The license you grant to us is non-exclusive (meaning
are free to license your Content to anyone else in addition to us), fully-paid
and royalty-free (meaning that we are not required to pay you for the use on
our Services of the Content that you post), sublicensable (so that we are
able to use our affiliates and subcontractors such as Internet content
delivery networks to provide our Services), and worldwide (because the
Internet and our Services are global in reach). This license will
terminate at the time you remove your Content from our Services. The
license does not grant us the right to sell your Content, nor does the
license grant us the right to distribute your Content outside of our Services.
- You represent and warrant that:
- you own the Content posted by you on or through our Services or
otherwise have the right to grant the license set forth in this section, and
- the posting of your Content on or through our Services does not
violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person. You agree to pay for all royalties,
fees, and any other monies owing any person by reason of any Content posted
by you to or through our Services.
- Our Services contain Content of our own ("IntelliPups/My.IntelliPups Content").
This content IS protected by copyright, trademark, patent, trade secret and
other laws, and we own and retain all rights in this Content and our Services.
We hereby grant you a limited, revocable, nonsublicensable license to
reproduce and display our Content (excluding any software code) solely for
your personal use in connection with viewing the Website and using our Services.
- Our Services contain Content of Users and other IntelliPups or My.IntelliPups
licensors. Except for Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display, or
sell any Content appearing on or through our Services.
- Content Posted.
- We may delete any Content that in our sole judgment violates this
Agreement or which may be offensive, illegal or violate the rights, harm, or
threaten the safety of any person. We assume no responsibility for
monitoring the Services for inappropriate Content or conduct. If at
any time we choose, in our sole discretion, monitor our Services, we
nonetheless assume no responsibility for the Content, no obligation to modify
or remove any inappropriate Content, and no responsibility for the conduct of
the User(s) submitting any such Content.
- You are solely responsible for the Content that you post on or through
any of our Services, and any material or information that you transmit to
other Members and for your interactions with other Users. We do not
endorse and have no control over the Content. Content is not necessarily
reviewed by us prior to posting and does not necessarily reflect the opinions
or policies of IntelliPups or My.IntelliPups. We make no warranties, express or
implied, as to the Content or to the accuracy and reliability of the Content
or any material or information that you transmit to other Members.
- Content/Activity Prohibited. The following is a partial list of the kind
of Content that is illegal or prohibited to post on or through our Services. We reserve the right to investigate and take appropriate legal action
against anyone who, in our sole discretion, violates this provision, including
without limitation, removing the offending communication from our Services
and terminating the Membership of such violators. Prohibited Content
includes, but is not limited to Content that, in our sole discretion:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal
or prohibited on our Website and through your use of our Services.
We reserve the right to investigate and take appropriate legal action against
anyone who, in our sole discretion, violates this provision, including
without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products
or services through our Services. You may not transmit any chain letters
or junk email to other Members. It is also a violation of these rules
to use any information obtained from our Services in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit
consent. In order to protect our Members from such advertising or
solicitation, we reserve the right to restrict the number of emails which a
Member may send to other Members in any 24-hour period to a number which
we deem appropriate in our sole discretion. If you breach this Agreement
and send unsolicited bulk email, instant messages or other unsolicited
communications of any kind through our Services, you acknowledge that you
will have caused substantial harm to IntelliPups, but that the
amount of such harm would be extremely difficult to ascertain. As a
reasonable estimation of such harm, you agree to pay to us $50 for each such
unsolicited email or other unsolicited communication you send through our
- covering or obscuring the banner advertisements on your personal profile
page, or any page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on our Services or the networks or services connected to our Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from our Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or
anything of value from a third person in exchange for your performing any
commercial activity on or through our Services on behalf of that person, such
as placing commercial content on your profile, posting blogs or bulletins
with a commercial purpose, selecting a profile with a commercial purpose as
one of your "Top 8" friends, or sending private messages with a commercial
- using our Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in
any way any copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of the owner
of such proprietary rights. It is our policy to terminate Membership
privileges of any Member who repeatedly infringes the copyright rights of
others upon receipt of prompt notification to us by the copyright owner or
the copyright owner's legal agent. Without limiting the foregoing, if
you believe that your work has been copied and posted on our Services in a
way that constitutes copyright infringement, please provide our Copyright
Agent with the following information:
- an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is
located on our Services;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
- Member Disputes. You are solely responsible for your interactions with
other Members. We reserve the right, but have no obligation, to monitor
disputes between you and other Members.
which is incorporated into this Agreement by this reference.
- Disclaimers. We are not responsible for any incorrect or inaccurate
Content posted on our Website or in connection with our Services, whether
caused by Users of the Services or by any of the equipment or programming
associated with or utilized in our Services. Web pages created and
posted by Members on our Website may contain links to other websites.
We are not responsible for the Content, accuracy or opinions expressed on
such websites, and such websites are in no way investigated, monitored or
checked for accuracy or completeness by us.
Inclusion of any linked website on our Services does not imply approval or
endorsement of the linked website by us. When you access these third-party
sites, you do so at your own risk. We take no responsibility for third
party advertisements which are posted on this Website or through our Services,
nor does it take any responsibility for the goods or services provided by
its advertisers. We are not responsible for the conduct, whether
online or offline, of any User of our Services. We assume no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, any User or
Member communication. We are not responsible for any problems or
technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of any
email or players due to technical problems or traffic congestion on the
Internet or on any of our Services or combination thereof, including any
injury or damage to Users or to any person's computer related to or resulting
from participation or downloading materials in connection with our
Services. Under no circumstances shall we be responsible for any loss
or damage, including personal injury or death, resulting from use of
our Services, attendance at an event, from any Content posted on or through
our Services, or from the conduct of any Users of our Services, whether
online or offline. Our Services are provided "AS-IS" and as available
and we expressly
disclaim any warranty of fitness for a particular purpose or non-infringement.
We cannot guarantee and do not promise any specific results from use of our Services.
The technology of the Internet is constantly advancing. We strive to
maintain our Services at the leading edge of some or all of that technology
in an effort to provide more, faster and more efficient Services. As such,
our Services are in a constant state of development or redevelopment and
should be considered to be in a testing and debugging state which may make
some or all services unavailable for undetermined lengths of time, or may
contain errors or omissions. We assume
no liability for such unavailability, errors or omissions. Additionally,
we reserve the right at our own discretion to terminate any or all
services to any or all users at any time.
- Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
US FOR OUR SERVICES DURING THE TERM OF MEMBERSHIP.
- U.S. Export Controls. Software available in connection with our Services
(the "Software") is further subject to United States export controls. No
Software may be downloaded from our Services or otherwise exported or
re-exported in violation of U.S. export laws. Downloading or using the
Software is at your sole risk.
- Disputes. If there is any dispute about or involving our services, you
agree that the dispute shall be governed by the laws of the State of Missouri, United States of America, without regard to conflict of law provisions and you
agree to exclusive personal jurisdiction and venue in the state and federal
courts of the United States located in the State of Missouri, City of Kansas
City. Either we or you may demand that any dispute between we and you
about or involving our Services must be settled by arbitration utilizing the
dispute resolution procedures of the American Arbitration Association (AAA)
in Kansas City, Missouri, United States of America, provided that the
foregoing shall not prevent us from seeking injunctive relief in a court of
- Indemnity. You agree to indemnify and hold us, our subsidiaries, and
affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use
or misuse of
our Services in violation of this Agreement and/or arising from a breach of
this Agreement and/or any breach of your representations and warranties set
forth above and/or if any Content that you post on the Website or through our
Services causes us to be liable to another.
- Other. This Agreement is accepted upon your use of the Website or any of
our Services and is further affirmed by you becoming a Member. This
Agreement constitutes the entire agreement between you and us regarding the
use of our Services. Our failure to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or
- Section Titles. The section titles in this Agreement are for
convenience only and have no legal or contractual effect.
- This Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
Contact us with any questions regarding this Agreement.