You acknowledge and agree that all content and materials made available on the Site, such as software, designs, images, text, editorial materials, data, photographs, illustrations, games, audio clips, video clips, digital streams and downloads, footage, short features, artwork and other graphic materials, names, logos, icons, trademarks and service marks, and the compilation of all content and materials on the Site are the exclusive property of ATOMIC DOGG MAGAZINE and its suppliers and licensors and are protected by United States and international intellectual property laws. You may use, display and print one copy of the content and materials on the Site on a single computer for your noncommercial and personal use only, provided that you maintain all copyright and other proprietary notices contained in such content or materials. You agree not to reproduce, download (other than page caching), modify, create derivative works of, publicly display or perform, distribute, transmit, disseminate, broadcast, publish, adapt, sell, license or rent any content or materials made available on the Site (including, without limitation, display or distribution via a third party website) without ATOMIC DOGG MAGAZINE prior written consent. You may not frame or utilize framing techniques to enclose any content or materials (including images, text, video or audio clips) on the Site or create a hyperlink (or any other link) to the Site accessing such content or materials without ATOMIC DOGG MAGAZINE prior written consent. You further agree that you will not disassemble, decompile or reverse engineer any of the materials or underlying software made available on the Site. In addition, ATOMIC DOGG MAGAZINE reserves the right to change, modify, suspend or discontinue any portion of the Site at any time. ATOMIC DOGG MAGAZINE may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
BULLETIN BOARDS AND CHAT ROOMS
ATOMIC DOGG MAGAZINE does not endorse and has no control over the content of messages and other materials (including uploaded files, posted data or any other materials or communications on, or transmitted through, the Site) (collectively, “Messages”) submitted by others to bulletin boards, chat rooms or other public areas within, or in connection with the Site (collectively “Forums”) and accepts no responsibility whatsoever in connection with, or arising from such Messages. You acknowledge that ATOMIC DOGG MAGAZINE does not pre-screen Messages posted on or transmitted through the Site and is not obligated or responsible for verifying the accuracy, reliability or appropriateness of Messages. Nonetheless, you agree that ATOMIC DOGG MAGAZINE may, in its sole discretion, refuse to post, store or transmit any Message submitted by you or move, remove, edit or modify any Message for any reason at any time.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
In submitting Messages, you will represent yourself accurately and truthfully at all times and you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You also agree to permit any other user of the Site to access, view, store or reproduce the material in Messages submitted by you for that other user`s personal use and not to restrict or inhibit the use of the Site by any other person. You agree that any Message whatsoever submitted by you becomes the property of ATOMIC DOGG MAGAZINE and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as ATOMIC DOGG MAGAZINE sees fit. You agree that Messages you submit:
shall not be fraudulent or intentionally misleading or inaccurate;
shall not be unlawful, defamatory, threatening, harassing, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law (including, without limitation, those governing securities transactions, consumer protection, unfair competition, false advertising, deceptive practices or anti-discrimination);
shall not infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights or rights of privacy or publicity of any other person;
shall not be intentionally malicious or derogatory toward ATOMIC DOGG MAGAZINE or any of ATOMIC DOGG MAGAZINE employees, affiliates, advertisers or licensors;
shall not be for commercial purposes or contain any unsolicited advertising, promotional materials, junk mail, spam, chain letters or pyramid schemes; and shall not contain any virus, Trojan horse, worm, time bomb or other program or routine that is intended to damage, interfere with or intercept, misappropriate or gain control over any computer, computer network, communications system, data or personal information.
RISK OF LOSS
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
ATOMIC DOGG MAGAZINE and its affiliates attempt to be as accurate as possible. However, ATOMIC DOGG MAGAZINE does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Site itself is not as described, your sole remedy is to return it in unused condition.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. ATOMIC DOGG MAGAZINE reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
LINKED WEBSITES AND ADVERTISERS
ATOMIC DOGG MAGAZINE and its affiliates are not responsible for the content or practices of unaffiliated third party websites that may be linked to the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ATOMIC DOGG MAGAZINE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. ATOMIC DOGG MAGAZINE is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by ATOMIC DOGG MAGAZINE of the site and/or any of its content therein.
ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ATOMIC DOGG MAGAZINE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WCC AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT (I) THE SITE OR ANY OF THE CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE ON THE SITE IS ACCURATE, TIMELY, COMPLETE OR RELIABLE, (II) THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (III) THE SITE WILL BE SECURE OR ERROR-FREE, (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED OR (V) THAT THE CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR PROGRAMS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ATOMIC DOGG MAGAZINE AFFILIATES, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, DOGS, AND OWNERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR DIRECT DAMAGES IN EXCESS OF $100 ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION SHALL APPLY TO ANY CLAIM WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF WCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, WCC`S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
ATOMIC DOGG MAGAZINE respects the intellectual property rights of others and we ask our users to do the same. If you believe your work had been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify ATOMIC DOGG MAGAZINE in accordance with the following procedure:
All notifications of copyright infringement must be in writing and directed to ATOMIC DOGG MAGAZINE designated agent at the following address, fax number or email address:
ATOMIC DOGG MAGAZINE
5150 Pacific Coast Highway
Long Beach, Ca 90804
Each notification must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit ATOMIC DOGG MAGAZINE to locate the material;
4. Information reasonably sufficient to permit ATOMIC DOGG MAGAZINE to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ATOMIC DOGG MAGAZINE
5150 Pacific Coast Highway
Long Beach, Ca 90804