Terms Of Use

Terms of Use

The Scottish Collie Preservation Society. (“SCPS”) owns and operates this website. By accessing and using this site, you agree to each of the terms and conditions set forth herein, our Privacy Policy, and agree to abide by the SCPS Bylaws, Code Of Ethics, Rules, Regulations, Procedures as set forth in the SCPS Bylaws, Code Of Ethics, Rules, Regulations, Policies and Guidelines. Additional terms and conditions applicable to certain areas of this website or as to certain transactions are posted in those areas or in connection with a particular transaction, and together with these Terms of Use govern your use of those areas and/or transactions.

SCPS reserves the right to modify these Terms of Use at any time without prior notice. Your use of this site following any modification constitutes your agreement to be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

You may use this website for lawful purposes only. You may not use this website for any purpose that is prohibited by law or regulations or to facilitate the violation of any law or regulation.

 

PRIVACY POLICY

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through this site, and you consent to our use of data in compliance with the Privacy Policy.

Sweepstakes, contest, and promotions may also have additional rules and eligibility requirements, such as age or geographic restrictions.  You are responsible for complying with these rules and requirements.

 

INTELLECTUAL PROPERTY: LICENSE

The audio and video materials, photographs, text, graphics, logos, designs, interfaces, software, data and other content associated with the services (“Content”) are protected by intellectual property and other laws in the US and in other countries.  You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and SCPS, SCPS will retain all right, title and interest in and to the services and the Content.  No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, SCPS reserves all rights to the service and Content. You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with the Terms of Use, and may not build a business or other enterprise utilizing any of the Content. Except as expressly authorized in writing by SCPS, you may not either directly or indirectly or through the use of any software, device, internet site, web-based service or any other means download, stream capture, store in a database, archive or otherwise copy any part of the Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, display or perform any part of the Content; license any part of the Content; or otherwise create any derivative works or materials based on the Content. You may request to reproduce Content for online or offline use pursuant to SCPS “Reproduction of Online Materials Policy.”

 

TRADEMARKS

The trademarks, service marks and logos (“trademarks”) used or displayed on this website are registered and unregistered trademarks of the SCPS or third parties. You may not use any of the trademarks or logos appearing on this site without written permission from the trademark owner. Trademarks, registered trademarks and service marks of SCPS include, but are not limited to, SCPS, Scottish Collie Preservation Society, the SCPS seal and design, SCPS Versatility Program, and all associated names, marks and logos. This list is not exhaustive and the absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that SCPS has established in any of its goods, services, names or logos. All other trademarks are the property of their respective owners. Nothing in this website shall be construed as granting — by implication, estoppel or otherwise — any license or right to use any trademarks displayed on the website without the express written permission of the SCPS or the trademark owner.

 

USE OF OWNER

Throughout this website, SCPS uses the term “owner” in various forms. SCPS using the term in a general manner and not in a manner to be construed as synonymous with legal title.

 

THIRD PARTY LINKS

This website contains links to websites which are not maintained by the SCPS. Links to third party websites are provided for your convenience and information only. Third party websites are not under the SCPS control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. Nor can the SCPS guarantee that sites will not change without our knowledge. The inclusion of a link in this website does not imply the SCPS endorsement of the third party website nor that SCPS is affiliated with the third party website’s owners or sponsors.

 

APPLICATIONS

You agree that all information supplied by you to register or list a dog or litter through this site is true, correct and complete. You understand that the listing/registration is not guaranteed and listing/registration fees are nonrefundable. You understand that if you are submitting an application on behalf of another you must have the written authority to do so and will upon request be required to provide to the SCPS the written authorization. The written authority must explicitly state that you have been given permission to submit the particular application(s) on behalf of another. You also represent and agree that you are in good standing with the SCPS. You understand and agree that any misrepresentation submitted by you through the online application process may result in the cancellation of the registration or listing of the dog and its descendants of the litter and the members of the litter and their descendants. The submission of false information to register or list a dog or litter could also result in the loss of your SCPS privileges. Additionally, the submission of false information may result in SCPS refusing service, suspending or terminating your account without notice. By supplying your contact information including but not limited to an email address, address and/or telephone number, you consent to receive communications from SCPS and third parties.

 

YOUR ONLINE ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and agree to accept responsibility for all activity that occurs through your account or password. You must provide SCPS with accurate and complete information and must update the information when it changes

SCPS does not allow for the creation of an Online Account by a person under the age of eighteen. SCPS policy requires that dogs or litters registered or listed in the names of children be properly authorized by the minor’s parent or guardian. With respect to an Online Account, this means the parent or guardian must establish, maintain and submit information on behalf of the minor.

ONLINE RECORD KEEPING (Coming in 2019)

If you use the Online Record Keeping service of the SCPS, you understand and agree that all the information that you input into the records will be stored on SCPS servers or third party servers. You understand and agree that the SCPS will have access to and the ability to use this information. This will include but is not limited to use for determining compliance with SCPS Rules, Regulations and policies and contacting individuals to whom you have transferred a dog or puppy. Pursuant to SCPS regulations for record keeping you must maintain a printed copy (hard copy) of all records required apart from the computer storage or storage discs. In using the Online Record Keeping service of the SCPS in relation to registered co-owned dogs and litters, you understand and agree that the records will be able to be accessed by all registered co-owners and that each registered co-owner will have the authority to enter and change the information. You understand and agree that both the registered sire owners and registered dam owners will be able to access the mating records for the particular mating between the two dogs and will be able to enter and change the information.

 

USER SUBMISSIONS

You agree that any submissions you make to the site may be refused, edited, removed, modified, published, transmitted and displayed by the SCPS without notice and you waive any rights you may have with respect to such editing or modification or notice. By submitting anything to the site, you grant SCPS a perpetual, non-exclusive, worldwide, royalty free, license to the submission to the SCPS or any third party the SCPS designates to use, copy, transmit, excerpt, publish, distribute, display, create derivative works of, modify or adapt in any form or media the submission. SCPS reserves the right to refuse, delete, move or edit any of the submissions in its sole discretion. Except as provided in the Privacy Policy, SCPS does not guarantee that your submissions to the site will be private.  You should not provide submissions that you want to remain private.

 

REPRESENTATIONS AND WARRANTIES

You represent and warrant that any materials, postings, feedback, User Submissions of any kind that you submit to this site or a Social Media Site are owned by you and will not (a) violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (b) contain any libelous or otherwise unlawful material or (c) are conduct prejudicial to SCPS.

 

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless SCPS, its affiliates, and their respective directors, officers, employees, agents, contractors, licensors and any third party providers to the site, service or content from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting or arising out of your use, misuse, or inability to use the site, the service or the content, or any violation of the Terms of Use or any breach by you or any user of your account of any of your representations and warranties.

 

THIRD PARTY CONTENT

SCPS may provide third party content (including advertisements) on the site.  SCPS does not endorse or evaluate third party content, and SCPS does not assume responsibility for third parties’ actions, submissions or omissions. The SCPS has no obligation to monitor User Submissions or Third Party Content.  You agree that SCPS will not be liable of User Submissions or Third Party Content or any loss or damage resulting therefrom.

 

SOCIAL MEDIA SITES

In certain instances, you may be able to connect and/or link to an SCPS social media site including but are not limited to SCPS Facebook pages, Twitter account, Google +, YouTube, Pinterest, Snapchat, and Instagram (“Social Media Sites”).  The Social Media Sites are social media locations for community members to connect to and learn about SCPS. SCPS goal is to provide useful and interesting content about SCPS, its activities and events. SCPS reserves the right to (a) refuse, edit, remove, modify any content; (b) block disruptive users and (c) discontinue any SCPS Social Media Site.  SCPS Social Media Sites are not the appropriate place to resolve issues or complaints. SCPS does not create, control, represent or endorse any opinions or statements expressed by others on its Social Media Sites, including those that Follow or Like SCPS and those Followed or Liked by SCPS. SCPS following of another user’s account, “likes” of another page, retweets, “favorites,” shares or otherwise re-posting another’s content, does not constitute an endorsement by SCPS. SCPS is not responsible for the terms and conditions, privacy policy, or content of any social media site.  You agree by posting on a Social Media Site, you grant SCPS a perpetual, non-exclusive, worldwide, royalty free, license to the submission to the SCPS or any third party the SCPS designates to use, copy, transmit, excerpt, publish, distribute, display, create derivative works of, modify or adapt in any form or media the submission.

DISCLAIMER OF WARRANTIES

THE SCPS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. SCPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. SCPS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. SCPS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE SCPS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR CONTENT, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (5) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF THE SCPS HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SCPS LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

ARBITRATION

YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, SERVICE OR CONTENT BETWEEN THE SCPS AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. HOWEVER, PRIOR TO ARBITRATION ALL APPLICABLE SCPS BYLAWS, RULES, REGULATIONS AND PROCEDURES MUST FIRST BE FOLLOWED AS SET FORTH IN THE SCPS CHARTER AND BYLAWS, RULES, REGULATIONS, PUBLISHED POLICIES AND GUIDELINES.

MISCELLANEOUS

SCPS may be required by state or federal law to notify you of certain events.  You hereby acknowledge and agree that such notice will be effective upon SCPS posting them in the relevant area of the site or delivering them to you via email.  You may update your email address by visiting your account where you can provide contact information. If you do not provide SCPS with accurate information, SCPS will not be responsible for failure to contact you.

SCPS failure to exercise or enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision.  If any part of these Terms of Use is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms of Use will continue to be valid and enforceable.

You authorize SCPS to provide information concerning you and your activities to comply with applicable laws or respond to a court order, subpoenas, or other lawful requests, or if SCPS thinks doing so would protect your safety or that of another person or protect the security of the services or as otherwise described in the Privacy Policy.

PDO website usage terms and conditions (Pedigree Database)

The term Pedigree Database Online or PDO or 'us' or 'we' or 'our' refers to the owner of the website whose registered office is Renssenstraat 10a Arnhem, the Netherlands. The term 'you' refers to the user or viewer of our website.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness of the information on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that information available through this website meets your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance,operations, images, sounds and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

This website may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may be required to have an account to use some of our services. To set up an account, you must provide information about yourself and update this information as necessary in order to keep it current.

You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify us immediately of any unauthorized use of your account. We are not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

As a condition of your use of our services, you agree that you will not use our services for any purpose that is unlawful or contrary to these Terms of Use. You also may not use our services in any manner that could damage, disable, overburden, or impair our services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any of our accounts, computer systems or networks associated with our services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our services.

You warrant that you own copyright in any data submitted to us, or that it is information which is in the public domain, and that it does not infringe any existing copyright or any other rights of any third party and that you have full authority to enter into this agreement.

These Terms of Use are governed by the laws of the Netherlands. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Netherlands court, in all disputes arising out of or relating to the use of our services.

 

Dated: 5/12/2018

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© 2018 by Scottish Collie Preservation Society. Proudly created by Suzanne Newman