By consenting to this privacy notice, you are giving us permission to process your personal data specifically for the purposes identified. Consent is required for us to process data, but must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used. You may withdraw consent at any time by deleting your user account on the Site (by tapping the menu bars in the Home section, selecting “Settings” and then tapping on the “Delete Account” button, or by sending an email to us at team @ mydoggysocial . com).
We process PII both as a Processor and as a Controller, as defined in the Directive and the GDPR. The Company which you as a User entered an agreement with when using our platform will be the Controller for User data, as outlined below in “Collection of your information”. For respondent data, as outlined in “Collection of Respondent data” below, the User will be the Controller in accordance with Directive and GDPR, and we will be the Processor. We use third party Processors, specifically Google Analytics, Firebase, Apple iOS Analytics, and the Super Socializer plugin, which are GDPR compliant entities for the purposes as outlined in “How do we use your information?” below and Amazon Web Services as Processor for the purposes outlined in “How do we protect your information”. We also use Mailgun as Processor for processing some email communications and for marketing communication purposes. Our address is Data Protection Officer, Chundersoft, LLC, 956 South Bartlett Rd, #194, Bartlett, Illinois, 60103, United States.
Collection of your information.
What personal information do we collect from the people that visit our Site?
Personally Identifiable Information
You are under no obligation to provide us with personal information of any kind. We do require a verified email address for registration purposes in order to prevent spam and mis-use of the Site, and your failure to provide a working email address will result in you being unable to access the Mobile Application. Your email address is never displayed publicly to anyone on the website or Mobile Application. Your mailing/shipping address, if provided to us, is never disclosed publicly to anyone on the website or Mobile Application. Your exact location address is publicly displayed only if you choose to do so by “Checking In” to your location on the Site – you can remove this information at any time by “Checking Out”, and you must provide your consent to publish this each and every time you “Check In” on the Mobile Application.
We collect PII, such as your name, email address and demographic information, such as your age, gender, hometown, current location, sexual orientation and interests, that you voluntarily consent to give to us when you register with the Site or our Mobile Application. Any personally identifiable information that you elect to make publicly available on our Site when you choose to participate in various activities related to the Site and our Mobile Application, such as participating in online chats and message boards, posting comments on the Mobile Application, Blog or Website will be available to others. If you remove information that you have made public on our Site, copies may remain available if other users have copied or saved that information. If you provide a shipping/mailing address to us, it will be used for the limited purpose of sending you promotional gifts and prizes.
Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. If you are using our Mobile Application, this information may also include your device name and type, your operating system, your country, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.
Collection of Respondent Data
You are a Respondent if you have received and replied to a survey, form, application or questionnaire powered by a Survey service (“Respondent”) from us.
We presently do not require payment for using the app, and so we do not store any financial information.
The app will always remain free to use for our regular users, but we may add an additional premium subscription service or products in the future. If we were to move to a paid model in the future, all financial information will be stored by our choice of third party payment Controllers and Processors (such as Braintree Payments or Paypal, for example), and you will be encouraged to review their privacy policies and contact them directly for responses to your questions.
Non-personally identifiable Information
We collect non-personally identifiable information such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, session times, screen views and general demographics.
When do we collect information?
We collect information from you when you register on our Site or enter information on our Site or provide us with feedback on our products or Services.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience on the Site and to allow us to deliver the type of content and product offerings in which you are most interested
• To improve our Site in order to better serve you, including bug fixes and identification of error sources
• To allow us to better service you in responding to your customer service requests
• To administer a contest, promotion, survey or other site feature
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email or phone inquiries)
• To Assist law enforcement and respond to subpoenas
• To perform other business activities as needed
• Compile anonymous statistical data and analysis for use internally or with third parties
• To create, manage and troubleshoot your account
• To deliver targeted advertising, coupons and newsletters
• To solicit support for the Site and our Mobile Application
• To send promotional gifts, prizes and discount coupons to you (for example, e-gift cards, coupon codes, etc.).
Mobile Application Information
If you connect using our mobile application:
• Geo-Location Information: We shall request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings. This information is used mostly to connect you with other users in your geographic area. You consent that your general location details, namely City, State and Country, will be publicly available to other users upon registration on the Mobile Application. We will never publicly publish your exact location address without your express consent:
– users will be able to narrow down who is within 100 miles of their own current location when searching through profiles by conducting a manual search (this does not provide them with your exact location at any time but rather is a generalized distance based approximation),
– when you “check-in” to a location you understand that you are giving us your express and explicit permission to share your exact location on a map (shown by a pin on a graphical map) with everyone using the Mobile Application. You must confirm your consent each time by tapping the appropriate confirmation button that you wish to proceed with a “check-in”. You will be able to “check-out” at any time, which removes your location display to other users.
• Mobile Device Access: We may request access or permission to certain features from your mobile device, including your mobile device’s camera and microphone (to post videos and photos), storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Data: We may collect device information (such as your mobile device type, model and manufacturer), operating system, version information and IP address. This helps us to address any issues in functionality with our Site and we do not sell or barter this information with any third party for any other purpose.
– Push Notifications: We may request to send you push notifications regarding your account or our Services. This will help you stay connected with the App (notifications for likes, follows, comments, matches, etc.) If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
• Email Address: We use Mailchimp or Amazon Web Services, both of which are GDPR compliant, in order to send email communications to you. You consent to our use of these third party providers. We shall send advertising, promotional, general updates and informational communications through Mailchimp. You may unsubscribe from our Mailchimp communications at any time by opting out using the unsubscribe button. We will only email you through Amazon Web Services in order to respond to a message from you submitted through our Contact Forms or directly by email or to communicate information regarding promotional giveaways or for account related purposes.
Storage and Processing
Your information may be stored and processed in the United States, or any other country in which we or our subsidiaries, affiliates or service providers maintain facilities. We may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world to maximize hosting and server efficiency. Your personal information is contained behind secured networks and hosted on Amazon Web Services.
How do we protect your information?
Your personal information is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive information you supply is encrypted via Secure Socket Layer (SSL) technology – we do not store any credit card or financial banking information on our servers.
We implement a variety of security measures when a user places an order to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
You consent that we may share your information with third parties that perform services for us or on our behalf including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Interactions with Other Users
If you interact with other users of the Site and our Mobile Application, you consent that those users may see your name or alias, profile photos, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs, and personal photos posted by you to the Site and Mobile Application.
When you post comments, contributions or other content to the Site or our Mobile Application, you consent that your posts may be viewed by all users and may be publicly distributed outside the Site and our Mobile Application in perpetuity. You give us all rights to use the content you post on the App and Website for our marketing and promotional purposes.
By submitting photographic and video images to myDoggySocial, you grant us a perpetual, royalty-free license to use, reproduce, modify, publish, distribute, and otherwise exercise all copyright and publicity rights with respect to those photographic and video images at our sole discretion, including storing it on our servers and incorporating it in other works in any media now known or later developed including, without limitation, published books. If you do not wish to grant myDoggySocial these rights, it is suggested that you do not submit photographic or video images. myDoggySocial reserves the right to select, edit and arrange submissions, and to remove images from the Mobile Application or website at any time at its sole discretion.
Users warrant they own all rights to the photo or video they are submitting or that such photos or videos are in the public domain and do not infringe on any copyrights. Entrants will indemnify and hold myDoggySocial and its affiliates harmless from and against any and all loss, damage, costs and other expense arising out of claims, whatever their nature, resulting directly or indirectly from breach of this warranty. If you believe an image or video has been posted to the myDoggySocial Mobile Application or website or any of its publications that infringes on your intellectual property rights, please send an email to reports (at)mydoggysocial (dot)com outlining any relevant details.
We value your privacy and we won’t rent, sell or barter your email address to third parties.
We may use third-party advertising companies to serve ads when you visit the Site or our Mobile Application. These companies may use information about your visits to the Site and our Mobile Application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
Social Media Contacts
If you connect to the Site or our Mobile Application through a social network, you consent that your contacts on the social network shall see your name, profile photo, and descriptions of your activity.
Other Third Parties
You consent that we may share your non-personally identifiable (anonymous) information with advertisers or investors for the purpose of conducting general business analysis. We may also share your non-personally identifiable information with such third parties for marketing purposes, as permitted by law.
We are not responsible for the actions of third parties with whom you personally choose to share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communication from third parties, you are responsible for contacting the third-party directly.
Sale or Bankruptcy
Do we use ‘cookies’?
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you turn cookies off, some of the features that make your site experience more efficient may not function properly. Some of the features that make your site experience more efficient and may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety. Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or promotional uses.
Additionally, we may use third-party software to serve ads on the Site and our Mobile Application, implement email marketing campaigns, and manage other interactive marketing initiatives. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. The third party
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together. We use them to compile anonymous data regarding user interactions to better identify and present advertising opportunities to interested parties.
By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service and Amazon’s Terms of Service. You agree to allow us to obtain or cache your location. You may revoke your consent at any time by deleting your account on our Site. We use information about location in conjunction with data from other data providers.
The Maps APIs that we use store and access cookies and other information on your devices.
Right to be Forgotten
You may delete all information associated with your account at any time by deleting your account on our Site. This can be accomplished by choosing “Settings” and “Delete Your Account” from within the Mobile App Home Menu. If there is any error with your deletion, please send an email to us requesting deletion of your account.
POLICY FOR CHILDREN
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not knowingly solicit information or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information below.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
You can change your personal information:
• By emailing us
• By chatting with us or by sending us a support ticket
California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age and reside in California and have a registered account with the Site or our Mobile Application, you have the right to request removal of unwanted data that you publicly post on the Site or our Mobile Application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure that the data is not publicly displayed on the Site or our Mobile Application, but please be aware that the data may not be completely or comprehensively removed from our systems.
How does our site handle Do Not Track signals?
Does our site allow third-party behavioral tracking?
It’s also important to note that we may allow third-party behavioral tracking through our use of Firebase, Google Analytics and Apple Analytics.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 7 business days
We will notify the users via in-site notification
• Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at
and we will promptly remove you from ALL correspondence.
We only retain Personal Data collected from you for as long as your account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:
- Personally Identifiable User Account Information, once deleted, is removed immediately from our current hosting systems, however, the data may be retrievable for up to 30 days through hosting backup files.
If at any time you would like to delete your account from our Site or Mobile Application, you can Delete Your Account from the “Settings” menu in the Mobile Application or email us a request and we will promptly remove you. If you would like to view data collected by us while you were browsing our website “www.mydoggysocial.com”, you can click here and a copy will be emailed to you.
956 South Bartlett Road, #194
Bartlett, Illinois, 60103
United States of America
team -at- mydoggysocial.com
Last Edited on 2018-05-23
myDoggySocial is wholly owned and operated by Chundersoft, LLC (“us,” “we,” the “Company” or “myDoggySocial”).
We may make changes to this Agreement and to the Services from time to time. The most recent version of this Agreement will be posted here on the mydoggysocial.com website, and you should check for the most recent version regularly. The most recent version is the version that applies and it supersedes all previous version. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
• you will comply with this Agreement and all applicable local, state or provincial, national and international laws, rules and regulations, and
• you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
• U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You shall not:
- create any account for anyone other than yourself without such person’s permission;
- use a User Name that is the name of another person with the intent to impersonate that person;
- use a User Name or account that is subject to any rights of a person other than you without appropriate authorization; or
- use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
3. Logging in.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for myDoggySocial, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact staff -at-mydoggysocial.com.
4. Modification of the Services and Termination of this Agreement.
myDoggySocial is always striving to improve your user experience and the Services it provides in order to create a thriving community of dog lovers and to bring you additional functionality that will be useful and engaging. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may request termination of your account at any time, for any reason. However you may need to manage your in app purchases, if any, through your mobile device platform (e.g., iTunes, Google Play). myDoggySocial may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will only be entitled to any refund for purchases at myDoggySocial’s discretion. After your account is terminated, this Agreement will terminate, except for the following provisions that survive and will still apply to you and myDoggySocial: Section 4, Section 5, and Sections 12 through 18.
5. Safety; Your Interactions with Other Users.
Please use common sense and caution in your interactions with people and animals you meet on and off the Service. Although myDoggySocial strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or to meet in person with another user. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. If you decide to check into a location, it is your responsibility to ensure that you are in an extremely safe, well lit and public area and you should tell someone else you know of your planned activities and location.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT MYDOGGYSOCIAL DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. MYDOGGYSOCIAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS AND OR THEIR ANIMALS. MYDOGGYSOCIAL RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
6. Rights myDoggySocial Grants You.
myDoggySocial grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by myDoggySocial and permitted by this Agreement. Therefore, you agree not to:
• use the Service or any content contained in the Service for any commercial purposes without our written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without myDoggySocial’s prior written consent.
• express or imply that any statements you make are endorsed by myDoggySocial.
• use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
• upload viruses or other malicious code or otherwise compromise the security of the Services.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
• “frame” or “mirror” any part of the Service without myDoggySocial prior written authorization.
• use meta tags or code or other devices containing any reference to myDoggySocial or the Service (or any trademark, trade name, service mark, logo or slogan of myDoggySocial) to direct any person to any other website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
• use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
• use, access, or publish the myDoggySocial application programming interface without our written consent.
• probe, scan or test the vulnerability of our Services or any system or network.
• encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. Rights you Grant myDoggySocial.
By creating an account, you grant to myDoggySocial a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other myDoggySocial users).
You agree that you have the right to post the Content on the Service and grant the license to myDoggySocial above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for myDoggySocial allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services.
You agree that myDoggySocial may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Intellectual Property.
myDoggySocial and its licensors retain all right, title and interest in and to the Service, the technology and software used to provide it, all electronic documentation and content available through the Service (other than Your Content), and all intellectual property and proprietary rights in the Service and such technology, software, documentation and content. Except for your rights to access and use the Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Service any feedback or suggestions for enhancement that you provide to us concerning the Service, without any obligation of compensation. By submitting suggestions or feedback to myDoggySocial regarding our Services, you agree that myDoggySocial may use and share such feedback for any purpose without compensating you.
By using the Services, you agree that you will not:
• use the Service for any purpose that is illegal or prohibited by this Agreement.
• spam, solicit money from or defraud any users.
• impersonate any person or entity or post any images of another person without his or her permission.
• bully, “stalk,” intimidate, harass or defame any person. There is a zero tolerance policy for such abuse and any user that the administration deems to have caused emotional distress to another user may be removed/banned from the app, with or without prior warning.
• post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
• use another user’s account.
• create another account if we have already terminated your account, unless you have our permission.
myDoggySocial reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that myDoggySocial regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
10. Other Users’ Content.
myDoggySocial reserves the right to review and remove Content that violates this Agreement, however, such Content is the sole responsibility of the user who posts it, and myDoggySocial cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via staff -at- mydoggysocial.com. Flag photos and videos that are deemed offensive so that myDoggySocial can review and remove inappropriate content as soon as possible.
11. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide myDoggySocial with the following details:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
• your contact information, including address, telephone number and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to staff -at- mydoggysocial.com, or via mail to the following address:
myDoggySocial Copyright Compliance 956 South Bartlett Rd, #194, Bartlett, IL, 60103
myDoggySocial will terminate the accounts of repeat infringers.
MYDOGGYSOCIAL PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MYDOGGYSOCIAL DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
MYDOGGYSOCIAL TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
13. myDoggySocial does not provide Pet Care Services.
myDoggySocial is a neutral venue for pet owners (“Pet Owners”) and providers of dog related services or products (“Providers”) to connect with each other. myDoggySocial does not provide dog care services. We make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, transportation, or other services provided by Providers (“Pet Care Services”), or about your interactions and dealings with users. We do not employ, recommend or endorse any Pet Owners or Providers, and we will not be responsible or liable for the performance or conduct of Pet Owners or Providers, whether online or offline. We do not screen users, Pet Owners or Providers. You should exercise caution and use your independent judgment before engaging a Provider for services or care, providing services, or otherwise interacting with users via myDoggySocial’s Services. Pet Owners and Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. Each user of the myDoggySocial service is responsible for keeping current his or her own pet’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet.
WE HEREBY EXPRESSLY DISCLAIM, AND YOU HEREBY EXPRESSLY RELEASE US FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS AND THE ACTS AND/OR OMISSIONS OF PET OWNERS AND PROVIDERS, WHETHER ONLINE OR OFFLINE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
15. Transactions are between Pet Owners and Providers.
myDoggySocial’s services may be used to find Pet Care Services, but all transactions conducted via the myDoggySocial services are between Pet Owners and Providers. You agree that we have no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the myDoggySocial Service.
16. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. myDoggySocial is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. myDoggySocial is not responsible or liable for such third parties’ terms or actions.
17. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYDOGGYSOCIAL, ITS MEMBERS, AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF MYDOGGYSOCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MYDOGGYSOCIAL’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO MYDOGGYSOCIAL FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
18. Arbitration, Class-Action Waiver, and Jury Waiver.
Except where prohibited by applicable law:
A. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
B. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
C. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Cook County or DuPage County, Illinois, U.S.A. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
D. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Illinois without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
E. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
F. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitration involving different myDoggySocial users, but is bound by rulings in prior arbitration involving the same myDoggySocial user to the extent required by applicable law. As limited by the Federal Arbitration Act, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
G. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at team @ mydoggysocial dot com or by mail at 956 South Bartlett Rd, #194, Bartlett, IL, 60103, USA. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration as described above.
19. Governing Law.
For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Illinois, U.S.A., excluding Illinois’ conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. For the avoidance of doubt, the choice of Illinois governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, all claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Cook County or DuPage County, Illinois, U.S.A., and you and myDoggySocial consent to personal jurisdiction in those courts.
21. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless myDoggySocial, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.
In the event that a court or arbitrator finds any provision of this Agreement invalid and/or unenforceable, the parties agree that the remaining provisions shall remain valid and in full force and effect.
23. Entire Agreement; Other.
Neither Party shall be deemed by mere lapse of time (without giving notice or taking other action hereunder) to have waived any breach by the other Party of any of the provisions of this Agreement. Further, the waiver by the Company of a particular breach of this Agreement by the other Party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement.
Nothing in this Agreement will be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.