LR-03

7/28/21

TERMS OF USE

REVISIONS
REVISION #1

Turkish Dog Federation Inc. Terms of Use

Turkish Dog Federation Inc. (“we,” “us,” “our,” or “TDF”) provides you certain Services (as defined below) through various websites, including but not limited to www.turkishdog.com subject to the terms and conditions set forth in these Terms of Use.

Table of Contents

Introduction

These terms of use are entered into by and between You and TDF. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of www.turkishdog.com, and any content, functionality, and services offered on or through www.turkishdog.com, including without limitation any forum or application forms offered www.turkishdog.com, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, which form a legally binding contract with us. If you do not agree to these Terms of Use, you are not permitted to access or use the Website, submit an application for Membership to the Website or application for a pedigree, interact on the Website forum, or otherwise use the Services. If you are visiting the Website or using the Services on behalf of any entity, then both you individually and the entity are bound to these Terms of Use. 

Capitalized terms shall have the meanings set forth herein.  Any such terms, unless the context otherwise requires, may be used in the singular or plural, depending upon the reference.

“Membership” means your right to have an account on the Website and use the Services, subject to these Terms of Use.

“Member” means those who have been approved for and have an active Membership. 

“Services” means the services you receive through your use of the Website including all related platforms, modules, mobile versions, applications, affiliated sites, and other platforms, including but not limited to the processing and submission of applications for application for Membership to the Website or application for a pedigree, and the maintenance of Member information on the Website.

Changes to the Terms of Use

We reserve the right to modify, supplement, or restate these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Services thereafter. By continuing to use the Services after the changes have been posted on the Website, you consent to the changes. You are expected to check these Terms of Use each time you access the Website so you are aware of any changes, as they are binding on you. If you do not agree to the changes, then do not continue to use the Website or the Services.

Eligibility

By using the Services you represent and warrant that you: are 18 years of age or older; are not currently restricted from using the Services, or not otherwise prohibited from Membership; are not a competitor of us and are not using the Services for reasons that are in competition with us; have full power and authority to enter into these Terms of Use and will not violate any other agreement with us to which you are a party; will not violate any rights of TDF, including intellectual property rights such as copyright or trademark rights; and agree to provide at your cost all equipment, software, and internet access necessary to use the Services. Further, you must comply with all applicable laws and these Terms of Use, as they may be amended from time to time with or without advance notice.  If you are under 13, do not use the Services.  If we learn that we have collected or received any personal information from a child under 13 other than in accordance with law, we will delete that information.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, the Services, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website, some of the resources it offers, or the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Website is correct, current, and complete. Any information or data that you submit to us is at your own risk of loss as provided in these Terms of Use. By providing your information and content to us, you represent and warrant that you are entitled to submit the same and that it is true, accurate, complete, not confidential, and not in violation of any contractual restrictions or other third-party rights. It is your responsibility to keep your Membership profile information true, accurate, complete and updated.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights; Shared Content

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TDF, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download a copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features that enable sharing or other actions then you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you wish to make any use of material on the Website other than that set out in this section, please address your request to the email address below.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by TDF. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You may choose to share content and information, including without limitation, photos, text posts, forum posts, names, social media handles, and contact information, on the external TDF social media pages and groups (“Shared Content”). When you choose to provide TDF with Shared Content, you thereby authorize us to reshare such Shared Content in the following manner: TDF may reshare Shared Content on its Website and Services, on communications or other channels related to the Services, or any external social media channel that TDF controls (including channels on social networks different from the original source). When possible, we will tag the original source so viewers know we are resharing the Shared Content.

You also grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to reproduce, prepare derivative works from, distribute, display, perform, publish, remove, retain, add, process, and analyze, your Shared Content, in any way now known or in the future discovered, without any further consent, notice and/or compensation to you or to any third parties in connection with (1) our online or offline advertising and promotional efforts (2) licensing and commercialization opportunities (including merchandising and other product usage) or (3) otherwise in connection with our provision of the Services (e.g., weekly or monthly quote roundups of highlighted Shared Content on platforms including the Huffington Post, Today Show, etc.). Merchandising may include physical and/or virtual products (including but not limited to calendars, books, mugs, t-shirts, clothing, keyrings, pillows, bags, drinkware, coasters, flags, ornaments, magnets, canvas, holiday ornaments, etc.) to be offered for sale by TDF or third party sellers, including sublicensing to TDF’s brand partners for printing, publishing, and other commercialization including but not limited to on their products and used to promote their brand, products and/or services outside of TDF’s service.

You hereby waive any claims against us relating to any moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your Shared Content, and any right of inspection or approval of any such use of your Shared Content

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or violate the privacy or publicity rights of any other person. 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, post, share, use, or re-use any material that is illegal, abusive, harassing, harmful to reputation, defamatory, discriminatory, hateful, sexually-oriented, pornographic, indecent, profane, obscene, threatening, hateful, racist, or otherwise objectionable;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate TDF, any TDF employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or Website, or which, as determined by us, may harm TDF or users of the Services or Website, or expose them to liability.
  • To copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website.
  • To make any changes, additions and/or deletions to any submissions posted by any user without the express written authorization of such other user.
  • To abuse or misuse the Services for any purpose.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Services or use any manual process to monitor, copy, harvest, crawl, scrape, or otherwise cache any of the information on the Services (including, but not limited to, user profiles, information and text regarding users and users’ photos, audio and video clips) for any purpose not expressly authorized herein without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  • Modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Website, in whole or in part, except as expressly permitted by applicable law or as authorized by TDF.
  • Harass, stalk, or otherwise subject any user of the Website to unwanted and/or inappropriate contact.
  • The foregoing list of prohibited uses is illustrative and is not intended to be complete or exclusive. TDF reserves the right to deny your Membership application, terminate our relationship with you and prohibit your access to the Website or Services or to edit, remove or close any posting for any reason.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, lists of approved TDF Members, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website or Services.

All User Contributions must comply with these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not TDF, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for TDF.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS TDF AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to or commit to review any material before or after it is posted on the Website, and do not commit to remove all objectionable content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TDF, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TDF. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Payment Processing

We use a third-party payment processor (the “Payment Processor”) to process your application fees. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to these Terms of Use. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

Services and Membership

We reserve the right to modify, replace, refuse access to, suspend, discontinue, the Services, partially or entirely, deny Membership applications for any reason in our sole discretion, or change and modify any fees for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on the Website or by direct communication to you unless otherwise noted. TDF further reserves the right to withhold, remove and or discard any content or functionality available as part of your Membership, with or without notice. You acknowledge and agree that you must re-apply and pay the application fee for Membership to TDF on an annual basis. If you fail to re-apply for Membership, you acknowledge and agree that TDF will terminate your Membership, account, and your access to the Services with or without notice, and delete all content from your account from the Services. TDF reserves the right, to restrict, suspend, or close your Membership and your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use or preserve the Services’ integrity or security.

As part of the Services, TDF provides and maintains a database of all of the Breeder Members (“Member List”), which you may view through your Membership. You are solely responsible for evaluating whether you want to contact, employ, or engage in any way with the Breeder Members on the Member List. TDF is not responsible for and does not make any representations or warranties of any kind with regard to the Member List and the parties and information included thereon. If you decide to contact or engage with anyone on the Member List for any reason, you do so at your own risk. 

TDF uses World Pet Registry and Canine Genealogy Network to store information and data you provide to Us. We reserve the right to change these providers or to use additional or alternative providers for some or all information and data you provide to Us. We assume no liability for any action or inaction regarding the transmission, storage, security, or integrity of your data once it is stored with any such third party providers. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

As part of the Services, TDF collects and transmits the applications on behalf of certain Members that submit applications to the appropriate party (such as World Anatolian Dogs (“W.A.D.”)). TDF is responsible solely for the transmission of your applications and associated fees to the appropriate party. TDF has no authority over the granting or denial of applications and makes no representations or warranties regarding the same, regardless of whether you are a Member or not. We assume no liability for any action or inaction taken with regard to the review of applications and decision to grant or deny an application by any other party. W.A.D. may also store information and data you provide at the time of your application. We assume no liability for any action or inaction regarding the transmission, storage, security, or integrity of your data once it is stored with any such third party providers, including W.A.D. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Termination; Refunds

You may terminate your Membership, for any or no reason, at any time, by providing (1) notice to TDF; (2) terminating your Membership; and (3) discontinuing your use of the Services, however, you will remain liable for any damage to TDF or the Services and any application or fees for the full remaining term of your Membership and any application fees or other amounts you incur prior to termination of your Membership. 

In addition to any other rights of termination we have under these Terms of Use or applicable law, we may terminate your Membership and/or revoke your license under these Terms of Use for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Membership includes disabling your access to the Services and may bar you from any future use of our services. Further, TDF may restrict, suspend or terminate the Membership of any user who abuses or misuses the Services. 

Upon the termination of your Membership, you may not access the Services. The terms in these Terms of Use that are intended to survive termination shall survive any termination. Any fees paid for any Membership application or pedigree application are non-refundable including in the event your pedigree application is denied.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Kansas in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TDF NOR ANY PERSON ASSOCIATED WITH TDF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TDF NOR ANYONE ASSOCIATED WITH TDF REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, TDF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Release and Limitation on Liability

YOU WAIVE, RELEASE AND DISCHARGE TDF, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS FROM, AND COVENANT NOT TO SUE SUCH RELEASED PARTIES FOR, ANY LIABILITY RELATED TO  YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY OTHER WEBSITES LINKED FROM IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH ANY ASPECT OF YOUR INTERACTION WITH TDF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE SUCH INTERACTION. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THE FOREGOING LIMITATIONS OR EXCLUSIONS OF LIABILITY, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ANY REASON WHATSOEVER RELATED TO YOUR INTERACTION WITH TDF MAY NOT EXCEED THE LESSER OF (A) $10 OR (B) THE AMOUNT PAID BY YOU, IF ANY, WITHIN THE LAST TWELVE MONTHS PRIOR TO THE ACT GIVING RISE TO THE CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless TDF, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to your failure to comply with these Terms of Use, or your use of the Website or Services, including, but not limited to, your Shared Content; your User Contributions, any use of the Services, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use; your use of any information obtained from the Website; and any activity in which you engage on or through the Website or Services.

Governing Law and Jurisdiction

All matters relating to the Website, the Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kansas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At TDF’s sole discretion, it may require you to submit any disputes arising from these Terms of Use, use of the Website, or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Kansas law.

Waiver and Severability

No waiver by TDF of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TDF to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, and Privacy Policy, constitute the sole and entire agreement between you and TDF regarding the Website and the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or Services.

Your Comments and Concerns

This website is operated by Turkish Dog Federation Inc. at Auburn, Kansas].

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@turkishdog.com.