YorkiePhiles Terms of Service

YorkiePhiles.com has created a pretty basic terms of service. We've included a bit of legaleze to cover the "litigious types".

So first, the simple stuff, and THEN the legaleze. ;>

Every human being on this planet has a different point of view when it comes to the hobby that we are all passionate about. Since passionate people have a tendency to get REAL passionate (grin), it is important to note the following:

- You may attack another member's idea, but you may NOT attack the member. Some people may not get this distinction, but we will define it for you should the need arise. The basic idea here is that everyone has an opinion about something, and you can disagree with the opinion WITHOUT resorting to personal attacks. We're all entitled to our own opinions, no matter HOW radical.

- You must respect the other members of this system, no matter how much it hurts in specific situations. There is nothing to be gained from "trolling" for flames, and we won't permit such activities here. It's a pretty safe bet that we all began this hobby with the desire to have happy and healthy Yorkies. Many differing people may have different methods to achieve that goal, and it's okay to have intelligent dialogue about those techniques, but it is NOT okay to berate ANYONE on the system for those techniques.

- While you may advertise your specific product or service within the space of your homepage or message boards, do not do it to excess to the point where it interferes with the natural flow of communications among members. SPAM is bad no matter HOW You define it. :)

- YorkiePhiles.com, and those who operate it, take NO responsibility for the information that you may find here. Content is member-submitted, and because those members are not our agents, we cannot warranty any of the content they may submit. Whether you are following the advice in a message board, homepage, email, classified, banner ad, etc. on the system, you should ALWAYS use due diligence when following that information for your own results.

- Have fun! Learn and share your experiences with others!

Now for the "Legaleze" fanatics:

YorkiePhiles.com provides this site and related services subject to your compliance with the terms and conditions set forth below. Please read the following information carefully: This agreement represents the complete agreement and understanding between YorkiePhiles.com, (hereinafter "YorkiePhiles"), its affiliates, licensers, employees, agents, successors and assigns, and you the YorkiePhiles account holder (hereinafter called User) for your use and enjoyment of www.YorkiePhiles.com, (hereinafter "YorkiePhiles.com"), and all of the content as may be contained thereunder, and supersedes any other written or oral agreement. Upon notice published on-line, YorkiePhiles may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue, change or replace services offered. Violation of the Terms and Conditions of Use may result in the termination of your account.

WEB COPYRIGHT INFORMATION. All pages within this Internet site ("Site") are the property of YorkiePhiles and/or its affiliates. Message board postings and/or Articles are the property of the individual posters, however those posters grant YorkiePhiles the right to display those posts/articles as they are posted. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of YorkiePhiles or the original poster's of the material. Trademark Notice. "YorkiePhiles.com" and the "YorkiePhiles" logo are trademarks and service marks of YorkiePhiles. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

If you do not agree to these terms and conditions, please notify our Accounting Office Annex at 1-818-761-2100 during normal office hours so we can terminate your account. Failure to notify YorkiePhiles shall constitute your approval.

1. VIEWS AND OPINIONS: The contents of any postings, files, images, or other materials accessed by User through YorkiePhiles.com do not necessarily reflect the views or opinions of YorkiePhiles.com.

2. UNEDITED MATERIALS: User understands that the Internet contains unedited materials - some of which may be offensive to some persons. User agrees that access to the Internet through YorkiePhiles.com is at User's own risk. YorkiePhiles exerts no control over such materials and accepts no responsibility for User's access to such materials.

3. CONFIDENTIALITY: User understands and agrees that information transmitted through YorkiePhiles.com and through the Internet in general is not confidential. YorkiePhiles does not share its data with other companies, however YorkiePhiles explicitly does not guarantee privacy or guarantee the protection of the User's privacy. YorkiePhiles explicitly reserves the right to monitor the User's transmissions and use of YorkiePhiles's services when deemed necessary at YorkiePhiles's sole discretion to provide proper service and/or to protect the User, other users, and/or the Company. YorkiePhiles will refuse to disclose ANY information regarding the User unless otherwise required by order of a court of competent jurisdiction, a subpoena properly issued by a court of competent jurisdiction, or upon the advice of the Company's General Counsel.

4. WARRANTIES and DISCLAIMERS: Use of any information obtained via YorkiePhiles.com is at your own risk. Neither YorkiePhiles nor any of its licensers, employees or agents warrants that the service will be uninterrupted or error free; nor does YorkiePhiles or its licensers, employees or agents make any warranty as to the results to be obtained from use of the service. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, either express or implied including but not limited to warranties of title or warranties of merchantability or fitness for a particular purpose or use. YorkiePhiles, its employees, contractors, licensors, licensees, agents, and employees disclaim and disavow any and all liability for any indirect, incidental, special, and/or consequential damages which may arise from the access or use of the service, and from User's inability to access or use the service, including without limitation, any failure of performance, error, or omission. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of YorkiePhiles.com, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

5. INDEMNIFICATION: User hereby agrees and does so indemnify and hold harmless YorkiePhiles.com, its members, affiliates, owners, managers, officers, agents, employees, and other users from any and all claims, damages, expenses (including attorney's fees) and liabilities that may result from any and all use of the User's account whether authorized or not authorized.

6. LINKED INTERNET SITES: YorkiePhiles is not responsible for nor does it exercise any control over the content available on any other Internet sites linked to or from YorkiePhiles.com. Access to any other Internet sites linked to the Site is at the User's own risk.

7. POSTINGS: YorkiePhiles is under no obligation to review any messages, information or content ("Postings") posted on the site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, YorkiePhiles may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Advertisements or solicitations of any kind and messages posted by users impersonating others are prohibited. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references are likewise prohibited and may subject the poster to suspension. Messages by non-spokesperson employees of YorkiePhiles purporting to speak on behalf of YorkiePhiles and messages that offer unauthorized downloads of any copyrighted or private information are illegal and should be reported. Multiple messages placed within individual folders by the same user restating the same point and chain letters or multi-level marketing schemes of any kind may not be posted.

8. USAGE: YorkiePhiles Internet sites, referents and connections and all other services provided by YorkiePhiles to user may be used only for lawful purpose. Transmission and/or storage of any information, data, images, or other materials in violation of any United States or state law or regulation is prohibited, including, without limitation, any information, data, images, or other materials protected by United States or other national copyright law, trade secrets, registered trademark and/or service mark, or material judged in a court of competent jurisdiction to be threatening or obscene. User hereby agrees and does so indemnify and hold harmless YorkiePhiles.com, its members, affiliates, owners, licensors, managers, officers, agents, employees, from any and all claims, damages, expenses (including attorney's fees) and liabilities that may result from the access and use of the service by User which damages User or another party.

9. TRANSFERABILITY/ACCOUNT SHARING: The right to use YorkiePhiles is not transferable. Accounts are for your use only. User is responsible for the confidentiality of user's password. Loaning your account to others, connecting a system used by multiple persons, and group use of user logins are explicitly prohibited. If the user has multiple accounts, then the user is limited to one login session per system account at any time. Violation of these conditions of use will be considered theft of service and/or fraud. User violations shall be subject to state and Federal criminal prosecution and civil liability.

10. UNSOLICITED EMAIL/PROMOTION: YorkiePhiles services SHALL NOT be utilized to send unsolicited advertising or promotional materials to other system users. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and YorkiePhiles will not be tolerated. When YorkiePhiles becomes aware of possible violations, we will initiate an investigation. As part of the investigation, and in order to prevent suspected unauthorized or illegal activity, YorkiePhiles reserves the right to unilaterally suspend User's access (with or without notice) to the service. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the sole discretion of YorkiePhiles. THE USE OF WEB-BOTS, SPIDERS, OR SIMILAR SOFTWARE TO AUTOMATICALLY DOWNLOAD FILES FROM THE MEMBERS AREA IS NOT ALLOWED. USERS WHO VIOLATE THIS POLICY WILL BE SUBJECT TO ACCOUNT TERMINATION.

11. SECURITY: Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User assumes all responsibility for knowledge and/or application of regulations and policies of any and all networks, systems, and services accessed through User's YorkiePhiles service account.

12. TERMINATION OF SERVICE: YorkiePhiles reserves the right to terminate User's account and/or to cancel User's service for any reason, with or without notice of any kind.

13. GENERAL TERMS: These Terms and Condition of Use and Service are subject to and are entered into subject to the laws of the State of California. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of YorkiePhiles shall continue in force even in the event of termination of these Terms and Conditions on other grounds. YorkiePhiles's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.

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