is in Doggy Heaven.

DoggyHeaven.com is a cyber-cemetery (website) for sharing your dog memories and photos with other dog lovers. It is operated by Roxie Publications of Wickliffe, OH. By using the DoggyHeaven.com website, you accept and agree to be bound by the following terms and conditions (the "Terms of Use"). Nothing in these Terms of Use should be construed to confer any rights to third party beneficiaries.

Changes to DoggyHeaven.com Conditions and Terms

While DoggyHeaven.com is offered as a free service, we reserve the right to modify or terminate your DoggyHeaven.com use for any reason, and without notice, without liability to you, any other Registrant, or any third party. We also reserve the right to modify these Terms of Use from without notice, as the situation requires. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of any changes.

Eligibility and Registration

As part of the account login process, you will be expected to enter an e-mail address as your username and create a password. You will be responsible for all activities occurring under your username, as well as keeping your password secure. If your username (e-mail address) is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion, your account may be deleted without notice.

Personal Use, and Appropriate Conduct/Content Only

Use of DoggyHeaven.com is made available for your personal, non-commercial purposes only. Businesses, organizations or other legal entities may not use the DoggyHeaven.com for any purpose without our expressed knowledge and consent.

You may not use the DoggyHeaven.com website for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content ("Materials") that you submit, post, and/or display on the DoggyHeaven.com website.

We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are defamatory, fraudulent, libelous, obscene, threatening, unlawful, or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Use.

DoggyHeaven.com is a family site, so things deemed obscene or objectionable by DoggyHeaven community, or Roxie Publications, will be removed or edited with or without your notice.

Other examples of illegal or unauthorized uses include, but are not limited to:

• modifying, adapting, translating, or reverse engineering any portion of the DoggyHeaven.com website;
• using any robot, spider, site search/retrieval application, or other device to retrieve or index any part of DoggyHeaven.com;
• collecting any information about other Registrants for unauthorized purposes;
• reformatting or framing any portion of the web pages or site images that are part of DoggyHeaven.com;
• creating user accounts by automated means, or under false/fraudulent pretenses;
• creating or transmitting unwanted electronic communications, such as spam or chain letters, to other Registrants; or,otherwise interfering with other Registrant's enjoyment of DoggyHeaven;
• submitting Materials of any third party without such third party's prior written consent;
• directing any user (with links, et al) to any Materials of any third party without such third party's prior written consent;
• submitting Materials that falsely express or imply that such these Materials are approved/endorsed/sponsored by DoggyHeaven.com;
• submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
• transmitting malware, including but not limited to, viruses, worms, defects, Trojan horses , spyware, or other items of a harmful nature;
• submitting Materials that are unlawful or promote or encourage illegal activity, or
• submitting false or misleading information.

While DoggyHeaven.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the DoggyHeaven.com website at your own risk.

DoggyHeaven.com's Proprietary Rights

By submitting, posting or displaying any Materials on, or through, DoggyHeaven.com, you automatically grant to us a worldwide, non-exclusive, royalty-free, right to publicly display or re-display such Materials in other formats not simply limited to websites.

Except as expressly authorized by Roxie Publications, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of DoggyHeaven.com's proprietary information which includes the sum of all postings and photos to the site. The halo-collar-and-tag logo and "DoggyHeaven.com" are trademarks of Roxie Publications.

Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy. Click here to review the DoggyHeaven.com Privacy Policy. You understand and agree that DoggyHeaven.com may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of DoggyHeaven.com, its affiliates or the public.

Disclaimer of Warranties

DoggyHeaven.com and Roxie Publications disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the DoggyHeaven.com website. DoggyHeaven.com and Roxie Publications disclaim any and all responsibility and liability for the conduct of any Registrant.

THE DOGGYHEAVEN.COM USE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE DOGGYHEAVEN.COM USAGE), PRODUCTS AND USES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DOGGYHEAVEN.COM AND ROXIE PUBLICATIONS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE DOGGYHEAVEN.COM USE IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity

You agree to hold harmless and indemnify Roxie Publications from and against any third party claim arising from or in any way related to your use of the DoggyHeaven.com website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL DOGGYHEAVEN BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE DOGGYHEAVEN.COM USE, WHETHER OR NOT DOGGYHEAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY A) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DOGGYHEAVEN.COM USE, FROM INABILITY TO USE THE DOGGYHEAVEN.COM USE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DOGGYHEAVEN.COM USE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND B) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL DOGGYHEAVEN BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).

Term and Termination

These Terms of Use will apply to your use of the DoggyHeaven.com website. While DoggyHeaven.com is offered as a free service, we may terminate your account immediately at any time, for any reason. Once your account terminates, you will have no right to use the DoggyHeaven.com website. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your account.

Notices

DoggyHeaven provide you with notices regarding the DoggyHeaven.com or these Terms of Use by regular mail, e-mail, or postings to this website.

Miscellaneous Requirements

These Terms of Use will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Lake, Ohio. If, for any reason, a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall DoggyHeaven be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or Materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Use constitute the entire agreement between you and DoggyHeaven with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party.

Copyright Information

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on DoggyHeaven.com, please read the following information for filing or responding to a notice of infringement.

To file a notice of copyright notice with us, please send a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format:

Identify in sufficient detail the material that you believe has been infringed.
For example, "There is copyrighted work under Roxie's Profile at http://www.doggyheaven.com/memorial…"
Identify the material that you claim is infringing the material listed in item #1 above.
Provide information reasonably sufficient to permit DoggyHeaven.com to contact you (e-mail address is preferred).
Provide information, if possible, sufficient to permit DoggyHeaven.com to notify the user(s) who posted the content that allegedly contains infringing material (e-mail address is preferred).
Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages 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 that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign the paper.
Send the written communication to: Roxie Publications, Post Office Box 233, Wickliffe, OH 44092.
The user(s) who posted the content may make a counter-notification. When we receive a counter-notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question.

To file a counter-notification with us, please provide a written communication by e-mail or regular (aka "snail") mail that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please use the following format:

Identify the specific URLs of material that DoggyHeaven.com has removed or to which DoggyHeaven.com has disabled access.
Provide your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Lake County, Ohio if your address is outside of the United States), and that you will accept Use of process from the person who provided notification to DoggyHeaven.com of the infringement or an agent of such person.
Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Sign the paper.
Send the written communication to: Roxie Publications, Post Office Box 233, Wickliffe, OH 44092.