Updated May 25, 2018
Acceptance of Terms
You are free to reproduce, distribute, communicate or show to the public the pet avatar images created through the Dog Breed Cartoon site only under the following conditions:
Accessing the website and Account Security
We reserve the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period.
Intellectual Property Rights
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DogBreedCartoon, LLC, its parents, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Dog Breed Cartoon Images
Part of the services offered by the website is the creation of cartoonized images of your pet (“Dog Breed Cartoon Images”). All rights, title, and interest in the Dog Breed Cartoon Images are owned by DogBreedCartoon, LLC. By purchasing a Dog Breed Cartoon Image, DogBreedCartoon, LLC grants you a non-exclusive, limited, revocable, non-sublicensable, royalty-free license to reproduce, distribute, communicate or display the Dog Breed Cartoon Images created through the website only under the following conditions:
Attribution: You must attribute and/or link the work to DogBreedCartoon.com
Non Commercial: You cannot use the work for any direct or indirect commercial purpose.
No Derivative Works: You cannot modify or transform this work, nor use it to make another one.
All rights, title, and interest (including copyright) of the Dog Breed Cartoon Images remain with DogBreedCartoon, LLC regardless of where they are shared. You are not authorized to grant a license to the Dog Breed Cartoon Images to any other website, company, or person.
The DogBreedCartoon name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of DogBreedCartoon, LLC or its affiliates or licensors. You must not use such trademarks without the prior written permission of DogBreedCartoon, LLC. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
User Contributions and User-Supplied Images
The website may contain message boards, blogs, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the website.
The website also allows you to submit your own photographs and images to request a custom Dog Breed Cartoon Image (“User-Supplied Image”).
Any User Contribution or User-Supplied Image you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. With regard to any User-Supplied Images, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, irrevocable, royalty-free, worldwide, perpetual right to use, reproduce, modify, prepare derivatives of, display, distribute and to otherwise disclose to third parties any such materials to perform the custom image services.
You understand and acknowledge that you assume all risks associated with, and are responsible for, any User Contributions and User-Supplied Images you submit or contribute, and you, not DogBreedCartoon, LLC, have full responsibility for such content, including its legality, reliability, accuracy, quality, and appropriateness. You agree to pay for any royalties, fees, and other monies that may be owed by reason of User Contributions you post on or through our services or website or by reason of User-Supplied Images you submit through our services or website. You should never include your social security number or account numbers in any User Contribution. You are solely responsible for the content of User Contributions and any personal information included in any User Contribution is included at your own risk.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the website. We are not responsible or liable to any third party for any User-Supplied Image.
Monitoring and Enforcement; Termination
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS DOGBREEDCARTOON, LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Reliance on Information Posted on website
The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. All information and User Contributions are posted “AS IS” and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.
This website includes content provided by third parties, including materials provided by other users, bloggers, and, as applicable, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DogBreedCartoon, LLC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DogBreedCartoon, LLC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
These content standards apply to any and all User Contributions, User-Supplied Images, and use of Interactive Services. User Contributions and User-Supplied Images must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions and User-Supplied Images must not:
– Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
– Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
– Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
– Contain any material that discloses personal information about or concerning any other user of the website, such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references.
– Promote any illegal activity, or advocate, promote, or assist any unlawful act.
– Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
– Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
– Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
– Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reporting Claims of Copyright Infringement
If you believe that any User Contributions, User-Submitted Images, or Dog Breed Cartoon Images violate your copyright, you may request removal of those materials (or access to them) from the website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Identification of the copyrighted work you believe to have been infringed or a representative list of such works;
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the written notice is accurate;
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
Your physical or electronic signature.
Our designated Copyright Agent to receive DMCA Notices is set forth the below and is available at the Copyright Office’s DMCA Designated Agent Directory.
NAME: Claude Hanhart
ADDRESS: 70 W Huron St, Apt 1508, Chicago, IL 60654
EMAIL: [email protected]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the website with the complaint at issue.
Your physical or electronic signature.
Completed Counter-Notices should be sent to our Designated Agent.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Changes to the website
We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the website
Online Purchases and Other Terms and Conditions
Links from the website
Any links to other websites and resources provided by third parties are accessed at your own risk and these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Kentucky in the United States. We provide this Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DOGBREEDCARTOON, LLC NOR ANY PERSON ASSOCIATED WITH DOGBREEDCARTOON, LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DOGBREEDCARTOON, LLC, NOR ANYONE ASSOCIATED WITH DOGBREEDCARTOON, LLC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
DOGBREEDCARTOON, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL DOGBREEDCARTOON, LLC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES SHALL BE TO TERMINATE AND DISCONTINUE YOUR USE OF OR ACCESS AND USE OF THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
This website is operated by DogBreedCartoon, LLC, 70 W Huron St, Apt 1508, Chicago, IL 60654.
All other feedback, comments, requests for technical support and other communications relating to the website should be directed to: [email protected]