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WEBSITE TERMS, CONDITIONS AND NOTICES
Thanks for visiting the BringFido website and/or mobile applications (collectively, the “Website”). The Website is provided solely to assist customers in finding pet friendly spots, gathering pet friendly travel information, posting information on pet friendly spots and travel related issues, engaging in interactive pet friendly travel forums, and searching for and booking pet friendly travel reservations, and for no other purposes. The terms “we,” “us,” “our” and “BringFido” refer to Kendall Media, Inc. d/b/a BringFido, a Florida corporation, and/or our subsidiaries. The term “you” refers to the user interacting with the Website, contributing content on the Website and/or completing a booking on the Website or through our customer service agents.
Travel bookings completed on this Website may be processed via the Expedia Affiliate Network (“EAN”). In the event that you make a travel booking on this Website and/or through our customer service agents, you agree to be bound by the EAN Terms & Conditions, which are incorporated into this Agreement, and shall govern in the event of any discrepancy, to the extent a question or issue involves EAN.
We may change or otherwise modify this Agreement in the future, and you understand and agree that your continued use of this Website or engagement with BringFido after such change signifies your acceptance of the updated or modified Agreement. Any revisions will take effect upon posting. We encourage you to print a copy of this Agreement and return to this page periodically to review the most current version of the Agreement.
YOUR PROMISES TO BRINGFIDO
As a condition of your use of this Website and engagement with BringFido, you warrant that: (i) all information supplied by you on this Website is true, accurate, current and complete, and is actually yours, as opposed to something you copied from another person; (ii) if you have a BringFido account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you; and (iii) you are 18 years of age or older. BringFido does not knowingly collect the information of anyone under the age of 18, and you must be at least 18 years of age to register for an account or contribute to our Website. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, due to violations of this Agreement or otherwise. You understand that some information on the Website was provided to us by third parties, through licenses or otherwise, and that we are not responsible for any errors, omissions, or misinformation on the Website.
The content and information on this Website (including, but not limited to, messages, data, text, compilations, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from or through this Website.
Additionally, you agree not to:
- use this Website or its contents for any commercial purpose;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website for any purpose without our express written permission;
- “frame,” “mirror,” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by BringFido in connection with the Website or the services.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We want to hear from you. Please be aware that by posting, distributing, sending or transmitting any content (excluding booking reservation submissions, but otherwise including reviews, feedback, comments, questions, suggestions, ideas, messages, text, graphics, photos, videos, or any other information of any kind) (collectively, “Submissions”) to this Website, whether by email, phone, text message, instant message, form submission, or through any other interaction with the Website or communication tools utilized by BringFido, you irrevocably grant, and represent and warrant that you have the right to grant, to BringFido and its affiliates a non-exclusive, royalty-free, perpetual, and fully assignable, transferable, and sublicensable world-wide right to use the Submissions for any purpose. Such rights include, but are not limited to, the right to use, reproduce, modify, adapt, reformat, translate, distribute, publish, create derivative works from, and publicly display the Submissions in any media, now known or hereafter devised, and allow others to do the same in connection with their own websites and media platforms ("Sublicensees"). You also irrevocably grant to BringFido, its affiliates and Sublicensees the right to use the name you submit in connection with any Submissions. You acknowledge that BringFido may choose to provide attribution of any Submissions at our discretion. You also irrevocably grant all users of this Website, as well as users of any Sublicensees, the right to access the Submissions, as they may be reproduced, modified, adapted, reformatted, translated, or otherwise distributed, in connection with their use of this Website or the services of any Sublicensees. Finally, you irrevocably waive, and cause to be waived, against BringFido and its users any claims and assertions of moral rights or attribution with respect to the Submissions. You grant BringFido the right to pursue at law any person or entity that violates your or BringFido's rights in the Submissions. You acknowledge that all Submissions are non-confidential, non-proprietary and actually originated from you. You are not allowed to post materials that are copyrighted by others or in which others may have intellectual property rights or other rights.
Specifically, with respect to Submissions containing photographs, you represent and warrant that you have taken the photographs yourself and hold the copyright for such photographs or that you have received the express permission of the copyright owner to have the photographs used and/or shared by BringFido, its affiliates and any Sublicensees in accordance with the terms of this Agreement. You represent that any and all people appearing in your photographic Submissions (and, in the case of minors, their parent or guardian) have provided express permission to be photographed and authorized such photographs to be used and/or shared by BringFido, its affiliates and any Sublicensees in accordance with the terms of this Agreement. You agree not to submit photographs that include logos, branding, promotional materials, or any other content intended for commercial purposes. You also agree not to submit photographs that infringe the copyright, trademark, or other property right of any third party.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If BringFido provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk.
By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following, either directly or indirectly, by yourself or through others:
- any Submissions that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Submissions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
- Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Submissions that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including BringFido;
- unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- viruses, malware, corrupted data or other harmful, disruptive or destructive files;
- Submissions that are unrelated to the topic of the Interactive Area(s) in which such Submissions are posted; or
- Submissions or links to content that, in the sole judgment of BringFido:
- violates the previous subsections herein,
- restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or
- may expose BringFido or its affiliates or its users to any harm or liability of any type.
BringFido takes no responsibility and assumes no liability for any Submissions or other content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is BringFido liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, BringFido is not liable for any statements, representations, Submissions or other content provided by its users in any public forum, personal home page or other Interactive Area. Although BringFido has no obligation to screen, edit or monitor any of the Submissions or other content posted to or distributed through any Interactive Area, BringFido reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Submissions or other content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Submissions you post or store on this Website at your sole cost and expense. BringFido does not compensate users for Submissions or other content or for any other activities in any way connected with the Website.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Submissions, you hereby assign such rights to BringFido and declare that: (a) you do not require that any personally identifying information be used in connection with the Submissions, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submissions by BringFido, its affiliates, any Sublicensees, as well as its successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submissions; and (d) you forever release BringFido, its affiliates, any Sublicensees, as well as its successors and assigns, from any claims that you could otherwise assert against BringFido by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
BOOKING WITH THIRD-PARTY SUPPLIERS THROUGH BRINGFIDO
AS A USER OF THE WEBSITE, INCLUDING FOR BOOKING, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER BRINGFIDO NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH BRINGFIDO AND OTHERS.
BringFido offers its customers the ability to book travel with one or more third-party travel partners and/or suppliers via the BringFido Website. If you complete a booking on the Website, we will collect your payment information and booking details and transmit such information to that third-party travel partner and/or supplier. Please be aware that BringFido is not the supplier of your travel booking and, as such, is not the entity that processes your payment or fulfills your reservation.
BringFido and its affiliates will not interfere with bookings arbitrarily, but we reserve the right to cancel or not process a booking because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a booking request may be fraudulent. BringFido also reserves the right to take steps to verify your identity to process your booking.
In the unlikely event that a reservation is available when you make a booking on the Website but becomes unavailable prior to check-in, your sole remedy will be to contact the third-party travel partner and/or supplier to make alternative arrangements or to cancel your booking.
BringFido is not a travel supplier and does not provide or own transportation services or accommodations. Although BringFido displays information about properties owned by third-party suppliers and facilitates travel bookings with third-party travel partners and suppliers, such actions do not in any way imply, suggest, or constitute BringFido’s sponsorship or approval of those third parties, or any affiliation between BringFido and those third parties. Although BringFido customers may rate and review particular properties based on their own experiences, BringFido does not endorse or recommend the products or services of any third parties. You agree that BringFido is not responsible for the accuracy or completeness of information it obtains from third parties and displays on the Website.
This Website may link you to third-party travel partner and supplier sites or other websites that BringFido does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.
BringFido offers its customers the ability to view information about rental accommodations advertised by third-party travel partners and/or suppliers, including property owners and managers (each, an “Advertiser”). BringFido does not own, manage or contract for any vacation rental property listed on the Website. BringFido is not a party to rental transactions between travelers and Advertisers, and, as such, shall have no liability in connection with any dispute or conflict involving an actual or potential rental transaction between you and an Advertiser, including the quality, condition, safety or legality of a listed property, the accuracy of the listing content, the Advertiser’s ability to rent a rental property, or your ability to pay for a rental property.
PET FEE GUARANTEE
From time to time, BringFido may promote and offer a Pet Fee Guarantee to customers who complete a pet friendly hotel booking on the Website. The Pet Fee Guarantee is our promise that, if you incur a pet fee higher than the amount quoted on your reservation confirmation, BringFido will offer to reimburse you for the increased fee amount up to a maximum of USD $250.00. The Pet Fee Guarantee is applicable only to non-cancelled reservations booked on BringFido.com or the BringFido app. The Pet Fee Guarantee does not apply to fees incurred due to: (a) claims of excess cleaning and/or hotel property damage caused by a customer and/or their pets; (b) pets that exceed stated policy weight limits or maximum pets per guest room; (c) exceptions made by hotel staff for oversized pets or multiple pets per guest room; (d) refundable pet deposits; or (e) undeclared pets. In order to obtain a pet fee refund, customers must notify BringFido by phone or email within seven (7) days following check-out and provide a copy of the hotel folio displaying the pet fees charged. Failure to provide proof of the fees incurred will result in processing delays and possible denial of your claim. Reimbursements are made via bank check within ten (10) days following confirmation of the charges. Questions pertaining to our Pet Fee Guarantee may be directed to [email protected]. The Pet Fee Guarantee offer may be terminated at any time in BringFido’s sole discretion.
When you make international travel bookings on the Website, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. BringFido accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through en route to his or her destination.
It is also your responsibility to consult your physician for current recommendations on inoculations before
you travel internationally, and to ensure that you meet all health entry requirements and follow all medical
guidance related to your trip.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, BRINGFIDO DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS BRINGFIDO’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING BOOKING AVAILABILITY AND PRICING ERRORS. BRINGFIDO DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, VACATION RENTAL PROPERTIES AND ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF HOTEL OR VACATION RENTAL PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, BRINGFIDO EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING BOOKINGS MADE UNDER AN INCORRECT PRICE.
BRINGFIDO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY BRINGFIDO. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BRINGFIDO DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM BRINGFIDO, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRINGFIDO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE THIRD-PARTY TRAVEL PARTNERS, SUPPLIERS AND ADVERTISERS PROVIDING HOTEL OR VACATION RENTAL PROPERTY INFORMATION, TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF BRINGFIDO. BRINGFIDO IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BRINGFIDO HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL BRINGFIDO (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BRINGFIDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If BringFido is found liable for any loss or damage that arises out of or is in any way connected with your use of the Website, then BringFido’s liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to BringFido for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of BringFido.
You agree to defend and indemnify BringFido, its Sublicensees, and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees and costs, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than BringFido. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
The BringFido Website is controlled and operated by BringFido from its offices in the state of South Carolina in the United States. BringFido makes no representation that materials on the Website are appropriate or available for use outside of the United States. Those who choose to access the BringFido website from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Website is further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the Website (“Software”) is the copyrighted work of BringFido, or BringFido affiliates, or other third party as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by BringFido and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS NOT WARRANTED UNLESS OR EXCEPT AS STATED IN THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2017 Kendall Media, Inc. d/b/a BringFido. All rights reserved. BringFido is not responsible for content on websites operated by parties other than BringFido. The federally registered trademark/ service mark BRING FIDO, BRINGFIDO, and all other proprietary product or service names or slogans displayed on this Website are registered and/or common law trademarks and service marks of BringFido and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BringFido or the applicable trademark/service mark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BringFido and may not be copied, imitated or used, in whole or in part, without the prior written permission of BringFido. All other trademarks, registered trademarks, service marks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BringFido.
If you are aware of an infringement of either your brand or our brand, please let us know by following our Copyright Complaint Policy below, and by e-mailing us at [email protected]
COPYRIGHT COMPLAINT POLICY
Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying BringFido that your copyrighted material has been infringed.
Please provide the following information in the following format, item by item:
- A clear identification of the copyrighted work you claim was infringed. Please provide the URL address if possible.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your name, mailing address, telephone number and email address.
- Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If material you have posted has been taken down, you may file a counter-notification by email or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:
- A clear identification of the specific content that was removed or disabled and the location that content appeared on the Website. Please provide the URL address if possible.
- Your name, mailing address, telephone number and email address.
- Include a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which BringFido may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
- clear identificationThe notice must be signed by the person authorized to act on behalf of the recipient of the initial notice.
Notices and counter-notices of claims of copyright infringement should be emailed or mailed to:
Kendall Media, Inc. dba BringFido
Attn: Copyright Claims
PO Box 1489
Travelers Rest, SC 29690
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, BringFido has adopted a policy of terminating, in appropriate circumstances and at BringFido’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. BringFido may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
JURISDICTION AND GOVERNING LAW
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of South Carolina, USA. You hereby consent to the exclusive jurisdiction and venue of courts in South Carolina, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against BringFido arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in Greenville County, South Carolina. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and BringFido and/or its affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions in the Agreement shall continue in effect. No action or inaction by BringFido shall constitute a waiver of any term of this Agreement unless in a separate writing signed by an authorized representative of BringFido. We may provide notice to you relating to the Website by sending an email to your last known email address, and any such notice shall be deemed given and received on the day it is sent.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and BringFido with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and BringFido with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If you or we terminate this Agreement, the terms that reasonably should survive termination of the Agreement will remain in effect. You agree not to take any actions that would circumvent the terms of this Agreement or otherwise violate the spirit of its intent.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
If you have any questions about this Agreement, please contact us by email or physical mail at:
PO Box 1489
Travelers Rest, SC 29690