Terms of Use

Thank you for visiting PupJournal. We provide access to PupJournal.com and our associated social media accounts (collectively, the “Site”), pursuant to these Terms of Use (these “Terms”). These Terms govern your use of the Site and your contractual relationship with PupJournal LLC (the “Company” or “we”). You also agree to be bound by the Site’s Privacy Policy (the “Privacy Policy”), which is posted on the Site and is incorporated herein by reference.

The Company reserves the right to revise these Terms at any time, with or without notice, by updating this document. The most recent version of these Terms will be posted on the Site under the link “Terms of Service.” By accessing the Site in any manner whatsoever, you agree to accept the most recent version of these Terms in use on the Site, in full and without modification.

These Terms of Use were last modified March 22, 2016.

1. Your Use of the Site

(a) If you access the Site in any way, you represent and warrant that (i) you are 13 years of age or older (if required by your jurisdiction), (ii) you will not access the Site in any way if prohibited by law in your jurisdiction, (iii) and you will not:

  • use the Site in connection with any activity which could be deemed illegal or prohibited in any jurisdiction;
  • misuse or misrepresent ownership of intellectual property, including copyrighted works;
  • disrupt, or attempt to disrupt, the Site’s services or security;
  • defraud the Site’s advertisers or advertising networks;
  • alter, modify, publish, sell, share, or in any other way distribute any written work, articles, comments, images, videos, written works, photographs, illustrations, or audio found on the Site (collectively, “Content”), including derivative works thereof, without the express written permission of the Company (other than as described in Section 2(a) of these Terms); or
  • data-mine, utilize robots, crawlers, spiders, scrapers, indexers, or similar devices to index or catalog the Site, or use any methodology to catalog or image any portion of the Site or disrupt service.

(b) We reserve the right to modify or terminate the Site at any time and for any reason. Further, we may limit or block your access to the Site at any time and in our sole discretion. We reserve the right to prevent any person or Internet Protocol address from accessing the Site.

2. Content

(a) Unless otherwise expressly noted, the Site owns and retains all rights to the Content. Subject to these Terms, you may share, distribute, and promote links to the Site and the Content as long as you do not (i) make false, misleading, or slanderous comments about the Site or Content or (ii) imply ownership, affiliation, or sponsorship with the Site or Content.

(b) We reserve the right to modify, remove, replace, or otherwise change the Content at any time.

(c) You may be permitted to comment on the Content or submit your own Content, including articles, to the Site (collectively “User Content”). You hereby grant the Company a worldwide, royalty-free, transferable, sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), advertise in, on, and around, and create derivative works of your User Content, and to incorporate such User Content into other works in any form, media, or technology now known or later developed. You also hereby waive any and all moral rights you may have in such User Content under the laws of any jurisdiction. We may (but are not obligated to) display your User Content (as submitted or as modified by us), including your username and your actual name (according to the preferences you select).

(d) If you submit User Content to the Site, you represent and warrant that your User Content (i) does not violate the intellectual property or ownership rights of any third party, (ii) was created exclusively by you, and (iii) does not contain any information you know to be false, misleading, slanderous, deceptive, or fraudulent.

3. Intellectual Property

(a) You acknowledge that all Content used on the Site is property of the Company and that no license, assignment, transfer, or sale of intellectual property has been offered to you. You agree not to use any of the intellectual property associated with the Site, or derivatives thereof, including the name “PupJournal” for any purpose other than those expressly permitted in these Terms. The Company retains full rights to all intellectual property.

4. Newsletter

(a) The Site may offer its users the ability to subscribe to its email newsletter (the “Newsletter”). The Newsletter will be sent via email from time to time to users who have opted-in. If you wish to stop receiving the Newsletter, please follow the instructions contained in Newsletter email.

5. Disclaimers and Limitation of Warranties

(a) The Site and the Content herein is provided “as-is” and “where-is” with no warranties or representations of any kind, expressed or implied, including (without limitation) any warranty of fitness or suitability. The Content may have errors and may not be accurate. You agree not to rely on the Content.

(b) You agree that you will the Site and access the Content at your own risk. The Company and its owners, directors, and employees shall in no way be responsible for any injury, loss, or damage whatsoever, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of, or relating to, your or any third party’s (i) use of the Site, (ii) use of, or reliance upon, Content, (iii) errors, mistakes, or misstatements on the Site or Content, and (iv) interruptions in the availability of the Site.

6. Indemnification

(a) At the Company’s request, you will indemnify, defend, and hold harmless the Company, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (i) your User Content; (ii) your acts, omissions, or use of the Site, including without limitation your negligent, willful or illegal conduct; or (iii) your breach or alleged breach by you of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

7. Miscellaneous

(a) These Terms shall be governed exclusively by the laws of the state of New York, without regard for the conflict of laws. Any dispute brought under these Terms, or relating to your usage of the Site or the site Content in any way, shall be brought exclusively in the state or federal courts of New York County, New York. In any dispute arising hereunder, the prevailing party shall be entitled to receive reimbursement for its reasonable attorneys fees and costs.

(b) These Terms, coupled with the Privacy Policy incorporated herein by reference, comprises the complete and entire Terms between you and the Company regarding the use of the Site and any services of the Company.

(c) You may not assign these Terms. The Company may, in its sole discretion, assign these Terms in the case of a merger, sale, or reorganization of the Company.

(d) If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect to the maximum extent allowed by law.

(e) The Company’s failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver of such.

(f) You may contact us at any time via email at info@pupjournal.com.