1. ACCEPTANCE OF TERMS:
Welcome to GoDog Sports.com (the “Website”), a service provided to you by GoDog Sports, Inc. (“GoDog Sports”). These Terms of Service establish the terms to which you agree, and by which you will be legally bound (to the extent permitted by law), when using the Website. As used in these Terms of Service, “using” includes without limitation visiting, browsing, clicking on links within, and accessing text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials offered via, or contributed by you or a third party to, the Website (the “Content”), whether as a broadcaster or viewer or as a guest or registered user. Please read these Terms of Service carefully before you start to use the Website. If you do not agree to these Terms of Service or do not intend to be so bound, you should discontinue use of the Website (or, if the option is made available to you, do not click to agree or proceed).
Additional terms and conditions (“Additional Terms”) also may apply to specific products, services or features made available by GoDog Sports on or through the Website. The Additional Terms (as applicable) are hereby incorporated by this reference into these Terms of Service. In the event of a conflict between any Additional Terms and these Terms of Service, the Additional Terms shall prevail.
2. Modification of terms of service:
GoDog Sports reserves the right, in its sole discretion, to modify or replace any of the provisions set forth in these Terms of Service at any time in its sole discretion. All modifications are effective immediately when posted and apply to all use of the Website thereafter. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Website following the posting of any changes to these Terms of Service constitutes acceptance of and agreement to such changes.
3. Website Access; privacy:
4. Code of user conduct:
You agree that you are solely responsible for your own conduct with respect to the Website and for any consequences thereof. Moreover, you agree to use the Website only for purposes that are legal, proper and in accordance with these Terms of Service and with any other applicable laws, regulations, policies or guidelines. You are prohibited from using the Website for certain activities, including:
5. Content standards:
These Content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The Website may permit you to link to other websites or resources on the Internet, and such other websites or resources may contain links to the Website. When you access third-party websites or resources, you do so at your own risk. These other websites and resources may not be under GoDog Sports’s control, and to the extent they are not, you acknowledge that GoDog Sports is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by GoDog Sports or any association with its operators. You further acknowledge and agree that GoDog Sports shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
7. Warranties; disclaimers:
GoDog Sports hereby represents and warrants to you that it has the full right, power and authority to (a) enter into, and fully perform its obligations according to, these Terms of Service, and (b) grant to you the rights and licenses described herein.
You understand that GoDog Sports cannot and does 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 the Website for any reconstruction of any lost data. GODOG SPORTS 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 ACCESSED OR 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 ACCESSED OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, SERVICES AND/OR ITEMS ARE PROVIDED BY GODOG SPORTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED OR CONTRACTUAL OR STATUTORY, ARE EXPRESSLY DISCLAIMED BY GODOG SPORTS. GODOG SPORTS DOES NOT REPRESENT, WARRANT OR COVENANT THAT (a) THE OPERATION AND/OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (b) THE WEBSITE WILL PERFORM IN EVERY OPERATING ENVIRONMENT, (c) ALL DEFICIENCIES OR ERRORS IN THE WEBSITE ARE CAPABLE OF CORRECTION, OR (d) THE WEBSITE MEETS THE REQUIREMENTS OF ANY PARTY WHATSOEVER. THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED BY GODOG SPORTS.
You represent and warrant to GoDog Sports that you are of legal age to form a binding contract with GoDog Sports and you otherwise have the full right, power, authority and capacity to enter into, and to fully perform your obligations according to, these Terms of Service.
You shall indemnify, defend and hold harmless GoDog Sports, and its members, managers, officers, directors, employees, agents and affiliates from and against any liabilities, costs, fees and/or damages (including attorney fees) that arise out of any claim for damages resulting, directly or indirectly, from any violation of these Terms of Service or from your use of the Website, including without limitation your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
9. LIMITATION OF liability
IN NO EVENT WILL GODOG SPORTS, 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 ACCESSED OR 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.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS RELIED UPON THE LIMITATIONS ON LIABILITY SET FORTH IN THESE TERMS OF SERVICE AND, BUT FOR THEIR INCLUSION HEREIN, WOULD NOT HAVE ENTERED INTO THESE TERMS OF SERVICE.
Regardless of any statute or law to the contrary, you agree to bring any claim or cause of action arising out of or related to the use of the Website or the Terms of Service within one (1) year after the claim or cause of action arose. The failure to bring a claim or cause of action arising out of or related to the use of the Website or the Terms of Service within one (1) year after the claim or cause of action arose, forever bars the claim or cause of action.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you.
10. Equitable relief:
You acknowledge that (a) GoDog Sports will suffer irreparable harm, and that the amount of monetary damages would be extremely difficult or impossible to calculate, if you breach your obligations according to these Terms of Service, (b) if you breach your obligations according to these Terms of Service, GoDog Sports may seek, and you covenant not to dispute any attempt by GoDog Sports to seek, injunctive relief without proving actual damages, and (c) remedies sought by GoDog Sports in accordance with this paragraph shall be in addition to, and without limitation of, any other rights to which GoDog Sports may be entitled according to these Terms of Service or under the law.
11. Termination or modification of website:
GoDog Sports, in its sole discretion and at any time, may terminate your use of the Website, for any reason, with or without notice, including if GoDog Sports believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. GoDog Sports also may, in its sole discretion and at any time, discontinue providing or modify the Website, or any part thereof, with or without notice to you, for any reason. Immediately upon any such termination, you will have no further right, title or interest in or to the Website or any part thereof. You agree that GoDog Sports has no liability to you or to any third party for any modification, suspension, or discontinuance of the Website or of your use thereof.
12. GoDog Sports’s proprietary rights:
Except as may be expressly set forth in these Terms of Service, you acknowledge and agree that (a) the Website and its 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 GoDog Sports, its licensors or other providers of such materials, (b) the same are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and (c) your use of the Website and such contents, features and functionality is subject to the Software License posted on the Website. Except as may be expressly authorized by GoDog Sports in writing, you agree not to modify, rent, lease, sell, distribute or create derivative works based on the Website or on such content, features or functionality, in whole or in part. GoDog Sports also owns the exclusive property rights to the compilation of all Content on the Website.
The GoDog Sports name, marks and logos, product and service names, designs and slogans are trademarks of GoDog Sports or its affiliates or licensors. All other names, logos, products and service names, designs and slogans on the Website are the trademarks of their respective owners. You may not use such marks without the prior written permission of GoDog Sports or such other owner(s).
LAST UPDATED: February 5, 2019
“Non-Personal Information” (NPI) is information that is in no way personally identifiable and that is obtained automatically when you access our Website with a web browser.
“Personally Identifiable Information” (PII) is non-public information that is personally identifiable to you and obtained for us to provide you with a product or service. PII may include information such as your name, address, phone number, credit card information, and other related information that you provide to us.
Our Commitment to Your Privacy
Links to Other Websites
Information We Collect
Generally, you control the amount and type of information you provide to us when using our Website. As a visitor to our Website, you can browse our Website to find out more about us. You are not required to provide us with any PII as a Visitor. However, if you register as a Member to use our Website, you must provide PII in order for us to provide you with various features and/or functionality from our Website. As a Member, we collect your PII in the following ways: There may be online forms used in our Website. The information you enter into these online forms may contain PII. Our Website may offer premium features for which you must pay to use. If we were to charge you for the use of these premium features, we would need to collect payment source information (i.e. credit card) to bill you for using such premium features.
Computer Information Collected
When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered NPI. We may also collect any of the following:
Web Beacons :
We may also use a technology called, web beacons, to collect general information about your use of our Website and your use of special promotions or newsletters. The information we collect by Web Beacons allows us to statistically monitor the number of people that open our emails. Our Web Beacons are not used to track your activity outside of our Website. We do not link NPI from Web Beacons to PII without your permission.
Automatic Information :
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you’re headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Website.
This site uses Google Analytics. This site has implemented features based on Display Advertising, including Remarketing, Google Display Network Impression Reporting and Google Analytics Demographics and Interest Reporting). Third-party vendors, including Google, may show our ads on sites across the Internet. This site and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to this website. This data reports how our ad mpressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to your site.
You can go to Google’s Ads Settings to opt-out of Google Analytics for Display Advertising as well as customize the Google Display Network ads you are presented.
How Information is Used
We use PII that you provide for our internal purposes, such as offering our services to you, confirming and tracking your order, subscription or registration; analyzing statistics and demographics; and informing you of new products, services, and offers as provided by us and/or our affiliates.
Our affiliates may have products, services, or offers about which you may be interested in receiving information and they may use the PII we have for you to contact you. If you don’t want to receive information from our affiliates, you can let us know so you’re no longer contacted by our affiliates about their products, services, or offers.
We may also combine information you give us online or through printed forms; publicly available information; and information we receive from other parties. We use this combined information for your online experience and to let you know about new products, services, offers, and other promotion.
We use data from Google’s Interest-based advertising and 3rd-party audience data (such as age, gender, and interests) with Google Analytics to determine additional web site content, advertising content, and other business processes. There are times that we may have to disclose your PII to comply with state and federal laws; to assist law enforcement and governmental agencies in preventing or investigating fraud or other crimes, or in response to a court order. In such instances, we will only provide the PII requested and your PII will only be used for legal purposes as opposed to marketing.
Finally, if we sold or transferred our business, we would transfer your PII to the purchaser as appropriate and might also retain a copy of your PII for any new business ventures we would start.
Changing Your Information
You may change your PII at any time using facilities found on our Website. If you need assistance with updating your PII or removing yourself from our mailing lists, just send us an email with your request or contact us using the Contact us information found on our Website.
Opting Out of Sharing Information
You can always opt out of future unaffiliated third-party disclosures of your information. Such opt-out will not affect disclosures otherwise permitted by law including but not limited to:
“Do Not Track” Settings
Some web browsers have settings that enable you to request that our Website does not track your movement within our Website. Our Website does not obey such settings when transmitted to and detected by our Website.
Protecting Your Child’s Privacy
We follow the Children’s Online Privacy Protection Act (COPPA). Even though our Website is not designed for use by anyone under the age of 18 (child), we realize that a child may attempt to access our Website. We do not knowingly collect PII from a child. If you are a parent or guardian and believe your child is using our Website, please contact us. We may ask for proof of identification before we remove any information to prevent malicious removal of account information. If we discover on our own that a child is accessing our Website, we will delete the information as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. You acknowledge that we do not verify the age of our users nor do we have any liability to do so. If you are a child, please seek the permission of a parent or guardian before accessing our Website.
Our Email Policy
Our affiliates and we fully comply with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third-party without your permission.
Our Security Policy
We have taken steps to build our Website using sophisticated encryption and authentication tools to protect the security of your PII. When we collect your PII through our Website, we will encrypt your PII before it travels over the Internet using industry standards as establishing for conducting secure online transactions. We also use industry standard technologies such as secure routers and fire walls to make sure that your PII is safe. Unfortunately, we cannot fully guarantee secure data transmission over the Internet because of its nature. Once we receive your PII, we have industry standard security measures in place to protect against the loss or misuse of your PII, though again, we cannot fully guarantee against such loss or misuse. We strongly urge you to protect any password you may have for our Website and not share it with anyone. You should always log out of our Website when you are done using it, especially if you are sharing a computer with someone else or are using a computer in a public place.
Use of Credit Cards
You may have to provide a credit card to buy products and services from our Website. We use third- party billing services and HAVE NO CONTROL over these services. We use our commercially reasonable efforts to make sure that your credit card number is kept STRICTLY CONFIDENTIAL by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.