Privacy Policy, Terms of Use

TERMS OF USE

First of all, THANKS for agreeing to be part of the Dog Like Me^® community. We sincerely value each member of our pack and are excited to share your Dogstory!

Below is some legal stuff – we have an experienced lawyer who helps us with these terms, as a volunteer (she is a Dogmom too). Please understand that these terms are meant to grant Dog Like Me® rights so it can share your personal photographs and Dogstory^® with the Dog Like Me^®community. We understand that privacy is a serious concern – and we will treat your images and information with respect….but we still need the rights. If you have a question or concern about these terms, please let us know. We will be responsive.

Terms of Use (the “Agreement”)

By submitting your photograph/video, personal information and story (your “Dogstory^®”) to Dog Like Me^® (“Us” or DLM), you grant Us permission to use, edit, and publish your Dogstory^®. (Sometimes it is necessary for us to edit submissions for size; we will not change the substance.) This permission includes using your Dogstory^® in print, video, electronic or digital media, social media sites, and websites, all without further notification to you. You understand that all copyrights and other rights to your Dogstory^®will be owned by DLM; to the extent that any such copyrights or other rights are not transferred hereunder, you grant DLM, its successors and assigns an irrevocable, royalty-free, right and license to publicly use and share your Dogstory^®.

No compensation will be paid for your Dogstory^®. You release and discharge Us and all persons acting with authority from Us from any damages, expenses and liability for the use, modification, transfer/dissemination, publication or copyrighting of your Dogstory^®. You further understand that DLM is under no obligation to use your Dogstory^® at all.

ADDITIONAL TERMS & CONDITIONS

Introduction: These Terms of Use (the “Agreement”) are entered into effective between Social Tails, LLC d/b/a Dog Like Me^® (“DLM”) and the entity or person using our services and/or website/social media sites (both the individual user of the site and any entity whom the individual user represents is referenced as “User” or “You” in this Agreement). BY USING OUR WEBSITE AND/OR SOCIAL MEDIA SITES (HEREIN CALLED THE “SITES”) OR THE SERVICES AVAILABLE ON THE SITES, OR, IF REQUESTED, CLICKING TO INDICATE YOUR ACCEPTANCE OF OUR TERMS OF USE, YOU ARE CONFIRMING YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS AND REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THEM ON BEHALF OF THE ORGANIZATION USING THE DLM SITES.

Please read this Agreement carefully as it sets forth the legally binding terms for your use of the Sites. (If you have a written agreement with DLM, these terms supplement, but do not supersede, the terms of your written agreement. In the event of any conflict between these terms and your written agreement with DLM, the written agreement will control.) By continuing on and using the Sites, you agree to be bound by this Agreement and our Privacy Policy (you can find the Privacy Policy below). You are only authorized to use the Sites (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you do not agree with the terms of this Agreement, you should discontinue use of the Sites. DLM may amend this Agreement at any time in its sole discretion.

Term. This Agreement shall remain in full force and effect at all times you use the Sites. You may stop using the Sites; even after you terminate your use of the Sites, however, this Agreement will remain in effect as to your use of the Sites.

Conduct of Users. You agree that you are solely responsible for your use of the Sites. Please be respectful and do not violate reasonable ethical, moral or professional standards in any content that is uploaded, posted, or distributed.

While DLM has the right to monitor activity and content associated with the Sites, it is not obligated to do so. And since it does not, and may not have the ability to, control or actively monitor content, DLM does not guarantee its accuracy, integrity, or quality. DLM may investigate complaints that come to its attention regarding the Sites and may take any action that it believes is appropriate. However, because situations and interpretations vary, DLM also reserves the right not to take any action. If at any time DLM chooses, in its sole discretion, to review the Sites and postings for content, it nonetheless assumes no responsibility for the content, no obligation to modify any inappropriate content, and no responsibility for the conduct of the user submitting any such content. DLM reserves the right, in its sole discretion, to reject, refuse to post or remove any posting, or to restrict, suspend, or terminate access to all or any part of the Sites or its services at any time, for any or no reason, with or without prior notice, and without liability. Users of the Sites may be able to register as users for access to other portals or services and such access may be subject to additional terms and conditions.

DLM may have links to other websites from the Sites and does not control these other websites. If you have any questions about something posted on the Sites, or a link from the Sites, or if you become aware of misuse of the Sites by any person, please contact DLM. Any opinions, advice, statements, information, content or other material posted by users of the Sites do not reflect the opinions or positions of DLM.

Release/Permission to Use Your Photo(s)/Video/Information: By submitting your photograph/ video, personal information and your “Dogstory to DLM(“Us”), you grant Us permission to use, edit, and publish your Dogstory^®. (Sometimes it is necessary for us to edit submissions for size; we will not change the substance.) This permission includes using your Dogstory^®in print, video, electronic or digital media, social media sites, and websites, all without further notification to you. You understand that all copyrights and other rights to your Dogstory™ will be owned by DLM; to the extent that any such copyrights or other rights are not transferred hereunder, you grant DLM, its successors and assigns an irrevocable, royalty-free, right and license to publicly use and share your Dogstory^®.

No compensation will be paid for your Dogstory^®. You release and discharge Us and all persons acting with authority from Us from any damages, expenses and liability for the use, modification, transfer/dissemination, publication or copyrighting of your Dogstory^®. You further understand that DLMis under no obligation to use your Dogstory^® at all.

Intellectual Property Rights: The Sites, including all graphics, features, content, material, programs, analytics, information and compilations on the Sites (whether on the Sites or on any portals or other areas accessed through the Sites), as well as the trademarks “What’s your Dogstory^®and “Dog Like Me” and are the property of DLM (and all of this is collectively referred to as the “DLM Proprietary Information”), and is protected by various laws, including trademark, trade secret, copyright and patent laws. You agree that DLM retains all rights and title to the DLM Proprietary Information.

The DLM Proprietary Information is subject to restrictions on its use without the consent of DLM and as allowed by DLM. You are not authorized to use the DLM Proprietary Information for other purposes and may not de-compile, decrypt or disassemble any source code or other DLM Proprietary Information.

Hyperlinking to material or information from the Sites is not permitted without the consent of DLM. You should not remove any notices or other information on the DLM Proprietary Information, nor use this DLM Proprietary Information for any other purpose, and you should not post, forward, copy or otherwise share the DLM Proprietary Information with others.

Claims of Copyright Infringement: DLM respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to the copyright contact listed below: (A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (B) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (D) Information reasonably sufficient to permit us to contact the complaining party; (E) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NO WARRANTIES: THE SITES AND THE CONTENT MADE AVAILABLE ON THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DLM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE SITES, OR THE CONTENT OF THE SITES, OR ON THE INTERNET GENERALLY. DLM DISCLAIMS ANY WARRANTY THAT THE SITES, OR ANY INFORMATION CONTAINED THEREIN, WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, TIME BOMBS, CANCEL-BOTS, OR OTHER COMPUTER PROGRAMMING THAT IS INTENDED TO DAMAGE, INTERFERE WITH, OR WRONGFULLY INTERCEPT ANY SYSTEM, DATA, OR PERSONAL INFORMATION.

Unless DLM has agreed to different terms explicitly in writing with you, you should be sure you have sufficient procedures in place to satisfy your requirements for security of date input and output and take any necessary precautions to protect your information.

The Sites may be unavailable from time to time so that they may be maintained and upgraded.

Limitation of Liability; Severability; No Waiver; Governing Law; Entire Agreement: To the greatest extent allowed by law, DLM specifically disclaims any liability for any damages arising out of or in any way connected with your access to or use of the Sites, including damages that are caused by DLM’s negligence. In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by DLM at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision. No delay or failure by DLM in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between DLM and you pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and documents regarding your use of the Sites, with the exception of any releases, authorizations and non-disclosure or other written agreements between you and DLM. New York law shall govern the terms of this Agreement.

CERTAIN STATE OR OTHER LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. YOU AGREE THAT THESE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS WILL BE VALID AND ENFORCED TO THE GREATEST EXTENT POSSIBLE. TO THE EXTENT, HOWEVER, THAT SUCH LAWS ALLOW FOR THE WAIVER AND RELEASE OF ANY CLAIMS, THEN THIS AGREEMENT SHALL BE READ AS BROADLY AS POSSIBLE TO ALLOW FOR SUCH WAIVER AND RELEASE, AND YOU SPECIFICALLY WAIVE ANY LEGAL PROVISIONS WHICH WOULD LIMIT OR OTHERWISE MODIFY THE BREADTH OF ANY RELEASE OR WAIVER WHICH YOU HAVE GRANTED TO DLM.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Indemnification: To the greatest extent allowed by law, you agree to defend, indemnify, and hold harmless DLM, its members, managers, officers, employees, agents, successors and assigns from and against all claims, suits, penalties, fines, liabilities and expenses, including reasonable attorneys' fees, arising out of your use of the Sites, your violations of applicable laws or violations of your obligations of privacy to any person.

Arbitration: You and DLM both agree to resolve any and all disputes, controversies or claims that in any way arise out of or relate to these terms of use (“Disputes”) only by arbitration on an individual basis. By using the Sites and agreeing to these terms, you agree that arbitration will be the sole and exclusive means of resolving any dispute between you and DLM, and you are giving up the right to proceed with any class action or other representative action. Any arbitration will be administered by the American Arbitration Association (“AAA”). The AAA will apply the commercial arbitration rules to the arbitration of any Dispute.

THESE TERMS DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE TERMS CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND DLM AGREE THAT THERE WILL NOT BE A JURY TRIAL, AND UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS.

We welcome your input – so please contact us at DOG LIKE ME^®, P.O. Box 25, Saratoga Springs, New York 518.290.0499 info@doglikeme.com with any questions, feedback or to report any problems. (Updated 6.21.21)

Privacy Policy

This Privacy Policy governs the way in which Dog Like Me^® collects and uses personal and non-personal information we learn about you from your visit to this website (the "Website").

Collection of Information

Non-Personal Information

Dog Like Me^® may collect non-personal information about your activity at this Website. The Website may automatically recognize and store information about the type of browser you are using; your Internet Protocol ("IP") address; the time, date, and length of your visit; and the referring site. This information, if collected, is collected via computer code sent to your computer (commonly referred to as "cookies"). The cookies will not expire, unless you manually delete them or set your browser to reject them. If you do not accept the cookies, however, you may have difficulty navigating the Website.

Personal Information

Dog Like Me^®collects no personal information about you, typically defined as individually identifying information such as your name or email address, unless you voluntary submit it. It is possible that such a submission may occur by clicking on various links, such as "Contact Us," or by contacting an individual Dog Like Me^® associate via an email address provided in a hyperlink.

Territoriality

Our computer systems are currently based in the United States and the content of our Website is directed primarily to U.S. residents. Your personal data will be processed by us in the United States, where data protection and privacy regulations may or may not be equal to the level of protection as in other parts of the world. To the extent we are subject to the laws of other jurisdictions, we endeavor compliance with such laws. BY VISITING THE WEBSITE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES AND ON THE WORLD WIDE WEB OF ANY PERSONAL AND NON-PERSONAL INFORMATION COLLECTED OR OBTAINED BY DOG LIKE ME® THROUGH VOLUNTARY SUBMISSIONS.

Use

Dog Like Me^® uses non-personal information to manage the Website. Dog Like Me^®may analyze the data about visits to the Website to make it more accessible and interesting for visitors. Further, Dog Like Me^® may share this data with third parties, usually to provide services for Dog Like Me^® associated with the maintenance of the Website.

If you submit information to the Website, the information will be used for the purpose you requested. For example, if you submit your photograph/video, name, hometown and your Dogstory™, we may use that information on our website and social media and for other purposes, consistent with the consent that you sign that allows us to do so. That information may be stored and maintained. Dog Like Me^® may also use that information to provide you with additional information in the future that it deems may be of interest to you. In addition, Dog Like Me^® may share this information with third parties to fulfill your request or to provide other services that may be of interest to you. If you do not wish Dog Like Me^® to use your information in accordance with this policy, please do not submit any personal information to Dog Like Me^® through the Website.

Dog Like Me^® may disclose any such information to the extent that it is required by law or to such an extent as it reasonably believes is necessary to protect its legal interests. The information collected from you may be transferred to a third party in the event of a sale, acquisition, merger or bankruptcy involving Dog Like Me^®.

Update and Opt-Out

If you would like to update any information you have sent to Dog Like Me^®, or if you do not want to receive information from Dog Like Me^®, please contact us at info@doglikeme.com Dog Like Me^®will make reasonable efforts to honor any request you make to forgo contacts with you in the future or delete your information. Please note that if you make an opt-out request, Dog Like Me^® will retain your contact information to make efforts to ensure that you are not contacted in the future.

To the extent required by the CAN-SPAM Act, or other similar domestic and international regulations, commercial email messages will also provide you with an opportunity to opt-out of receiving this information. Please note that changes to your preferences may not be effective immediately.

California Privacy Rights

Beginning on January 1, 2005, California Civil Code Section 1798.83, also known as S.B. 27, or the “Shine the Light” law, allows California residents to request certain information regarding our disclosures in the prior calendar year, if any, of their personally identifiable information to third parties for their own direct marketing purposes. To make such a request, please contact us at: info@doglikeme.com with "California Privacy Request" in the letter subject line. You must include sufficient detail for us to locate your file; at a minimum, your name, email and postal address.

Children

We do not knowingly collect information from or market to children under the age of 13. If you submit any photographs/video of minor children, you represent that you are the parent or legal guardian of such minors and expressly consent to the use of such photographs/video, names, and other personal information on our Website and social media.

How We Protect Personal Data

DOG LIKE ME® implements commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Unfortunately, no data transmission over the Internet or electronic storage is fully secure. Accordingly, and despite our reasonable efforts to protect your information from unauthorized access, use, or disclosure, DOG LIKE ME® cannot guarantee or warrant the security of the information you transmit to us, or to or from our Website.

User ID and Password

Certain areas of the Website may require the use of a user ID, email address, or password as an additional security measure that helps protect your information. To help you protect your privacy, the Website has tools to help you log in and log out.

Linking to Other Internet Sites

You should be aware that other Internet sites that are linked from the Website or from a Dog Like Me^® email message may contain privacy provisions that differ from the provisions of this Privacy Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications, or other digital platforms.

Revisions to the Privacy Policy

The Internet and the benefits it offers are evolving rapidly, as are the ways in which people use the Internet and the laws surrounding such use. Dog Like Me^® therefore reserves the right to update and revise this Privacy Policy at any time. You can determine if this Privacy Policy has been revised since your last visit by referring to the "Effective Date" at the top of this page. Your use of our Website constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us, and you should therefore review this Privacy Policy regularly to ensure that you are aware of its terms.

Contact Us

If you have any questions about this Privacy Policy, please contact us at info@doglikeme.com or 16 Diamond Pl, Saratoga Springs, New York. (Effective Date: 3.1.22)