Terms and Conditions
American Kennel Club Inc., (“AKC”) owns and operates www.akc.tv (the “Website”) which provides users (“Users”): (1) with access to an OTT (Over the Top) tv network focused on dog-related content delivered through the Website, your mobile device or other service providers such as, but not limited to, AppleTV, Roku and Fire TV (“Service Providers”) subject to the following terms and conditions of use (the “Terms”).
1. BASIC TERMS
These Terms constitute a legally binding agreement between you and AKC and is deemed accepted by you each time that you access and/or use the Website. You warrant and represent that you are at least 13 years old or older. If you are under age 18 but above 13 you are permitted to access and/or use the Website, provided you do so with the consent of a parent or legal guardian who accepts these Terms on your behalf. Your access and/or use of the Website may require you to agree to additional terms and conditions, or enter into separate agreements with AKC or applicable Service Providers or other Users. If you are accepting these Terms and accessing and/or using the Website on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use or access the Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree with any of these Terms, please do not access or use the Website.
The Terms are effective as of the “Last Updated” date above. AKC may change these Terms at any time, with or without notice to you, by posting an updated version to this web page. You should check these terms and conditions periodically because your continued use of the Website will be deemed acceptance of any modified terms and conditions. If you continue accessing the Website after any such changes, it will mean you accepted any new, modified or changed Terms. If you do not agree to the changed terms and conditions, you should discontinue use of the Website. AKC may terminate these Terms and your access to all or any part of the Website at any time and for any reason without prior notice or liability and in AKC’s sole discretion.
2. GOVERNED BY LAWS OF USA
Given the nature of the Internet, even though the Website is targeted to United States of America ('USA') residents, it may be accessed in other parts of the world. If you are not a USA resident and yet use the Website, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not ours) to make sure that your use of the Website complies with all applicable local laws in the jurisdiction from where you access or use the Website. IF YOU ARE NOT A USA RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO THE USA, AND TO THE PROCESSING OF SUCH DATA ON AKC’s (OR ITS DESIGNATED VENDORS’) USA SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY USA LAWS THAT MAY PROVIDE A LOWER (OR DIFFERENT) LEVEL OF DATA PROTECTION THAN YOUR COUNTRY.
Your access or use of the Website may involve the transmission to AKC of certain personally-identifiable information (“Personal Information”). AKC’s policies with respect to the collection and use of Personal Information are set forth in its then-current Privacy Statement located at www.akc.tv/privacy which also governs your access and use of the Website and is incorporated herein by reference, in its entirety.
4. MEDIA DISTRIBUTION AND ELECTRONIC COMMUNICATIONS
We use multiple caching and data delivery technologies to facilitate media distribution and enhance media performance for you. When you access a video on the Website, we may use a third-party service that uses the processing capabilities, memory and bandwidth on your computer, mobile phone or other applicable device to transmit content and other data or features to you and to other users of the Website, and to facilitate the operation of the network on which the service runs. You are solely responsible for any telecommunication or other connectivity charges incurred through the use of the service.
When you access the Website, upload videos, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website or through any other communication tool.
5. BRAND CONTENT
The Website is owned by AKC. AKC or its licensors retain all right, title and interest in and to its designs, text, graphics, images, videos, information, logos, button icons, software, audio files and other brand content, information or materials used on the Website (collectively, “Brand Content”). All Brand Content is the property of AKC or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content that is part of the Website is the exclusive property of AKC and is protected by copyright, trademark, patent and other laws. Unauthorized use of the Brand Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service marks and other proprietary notices contained in the original Brand Content and on any authorized copy you make of the Brand Content.
The trademarks, service marks and logos (“Trademarks”) used or displayed through the Website are registered and unregistered Trademarks of AKC or third parties. You may not use any of the Trademarks or logos appearing throughout the Website without written permission from the Trademark owner. Trademarks, registered trademarks and service marks of AKC include, but are not limited to, AKC, American Kennel Club, the American Kennel Club seal and design, AKC.tv, AKCtv, Canine Good Citizen, Meet the Breeds, AKC Meet the Breeds, Canine Good Citizen, AKC S.T.A.R. Puppy, AKC Rally, AKC Trick Dog, Ask the Expert, AKC Dog Center, AKC TV on Location, In the Doghouse, Good Dog Destinations, Home is Where the Dog Is, I am a Breeder, Nibbles & Bits, The Best Thing About My Dog, The Cutest Puppies, Vet’s Corner, and all associated names, marks and logos. This list is not exhaustive and the absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that AKC has established in any of its goods, services, names or logos. All other Trademarks are the property of their respective owners. Nothing in these Terms shall be construed as granting – by implication, estoppel or otherwise – any license or right to use any Trademarks displayed through the Website without the express written permission of AKC or the applicable Trademark owner.
You may not: (i) use our Trademarks, service marks or logos without our written permission in each instance; (ii) use the Brand Content for any purpose other than your use of the Website; (iii) copy, reproduce, transmit, distribute, republish, upload, post, sell, change the Brand Content without our prior, written consent in each instance; (iv) remove any copyright or other protected notices contained in the Brand Content or any authorized copy you make of the Brand Content; (v) sell, transfer, assign, license, sublicense, or modify the Brand Content, or use the Brand Content for any public or commercial purpose; or (v) use or post the Brand Content on any other website or in a networked computer environment.
6. LICENSE AND ACCESS
Subject to your compliance with these Terms, AKC or its content providers grant you a limited, non-exclusive, non-transferable, nonsublicensable license to access the Website. This license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms are reserved and retained by AKC or its licensors, suppliers, publishers, photographers, rights holders, or other content providers. No part of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of AKC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including videos, images, text, page layout, or form) of AKC without express written consent. You may not use any meta tags or any other 'hidden text' utilizing the AKC name or Trademarks without the express written consent of AKC.
You may access and use the Website only as permitted by law. Any licenses granted to you by AKC, including such licenses granted herein, shall terminate if you do not comply with these Terms.
7. COPYRIGHT COMPLAINTS
Notification of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the 'DMCA') provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or a person authorized to act on behalf of the copyright owner and think that your work has been copied in a way that constitutes copyright infringement and is accessible on the Website, please provide AKC’s Copyright Agent with the following information:
- Identification of the copyrighted material claimed to be infringed;
- Identification of the alleged infringing material on the Website that is requested to be removed and information sufficient to permit us to locate the material on the Website (such as the specific URL);
- Your name, address, phone number and an email address, so that AKC may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement by you that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive copyright that is alleged to be infringed; AND
- A physical or electronic signature of you or a person authorized to act on behalf of the copyright owner to assert copyright infringement and to submit the notification.
To contact the Copyright Agent by regular mail, please write to:
101 Park Avenue
New York, NY 10178
To contact the Copyright Agent by email, please write to:
CopyrightAgent@akc.org with COPYRIGHT NOTICE in the subject line
Upon receipt of a notification of claimed infringement as set forth above, AKC will remove or disable access to the material and take reasonable steps to notify the person who posted the material that it has been removed or access to it has been disabled.
If you posted the material and believe that it is not infringing or that you have the authorization of the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may submit to the Copyright Agent (see contact info, above) a counter notification containing the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location (such as the specific URL) at which the material appeared before it was removed or access to it was disabled;
- A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; AND
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If the Copyright Agent receives a counter notification as set forth above, AKC will send a copy of it to the original complaining party stating that AKC may replace the removed material or cease disabling access to it ten (10) business days following receipt of the counter notification unless the copyright owner notifies AKC that it has filed an action seeking a court order to restrain the person who posted the material from engaging in infringing activity relating to the material.
AKC reserves the right to remove or disable access to material alleged to be infringing without prior notice, in its sole discretion, and without liability to any person, regardless of whether the material ultimately is determined to be infringing.
8. USER CONTENT
Users may submit videos; and send e-mails and other communications (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam.’ You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a video, communication or other content. AKC reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content.
If you do submit User Content, and unless we indicate otherwise, you grant AKC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, transfer, sell, publicly perform, create derivative works from, distribute, and display such User Content and to use your name and other identifying information throughout the world in any media. You agree that this license includes the right for AKC to provide, promote, and improve the Website and to make the User Content submitted to or through the Website available to other companies, organizations or individuals who partner with AKC for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such content use.
Such additional uses by AKC, or other companies, organizations or individuals who partner with AKC, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Website.
AKC may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
AKC reserves the right at all times (but will not have an obligation) to remove or refuse to distribute or post any User Content through the Website, to suspend or terminate Users, and to reclaim usernames. AKC also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of AKC, its Users and the public.
Except as provided in the Privacy Statement, AKC does not guarantee that your submissions to the Website will be private. You should not provide submissions that you want to remain private.
The Website and User Content, may contain links to third-party websites or resources. You acknowledge and agree that the AKC Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the AKC Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
10.SOCIAL MEDIA SITES
11. USE OF WEBSITE AT YOUR OWN RISK
Your use of and browsing in the Website are at your risk. Neither AKC nor any other party involved in creating, producing or delivering the Website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Web Site. Without limiting the foregoing, everything on the Website is provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. AKC also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video or audio to or from the Website.
12. YOUR INFORMATION IS NOT CONFIDENTIAL
Except as provided in the Privacy Statement, any communication or material you transmit to the Website by electronic mail or otherwise, including any User Content, data, questions, comments, suggestion, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you submit, transmit or post may be used by AKC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, AKC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
13. REPRESENTATIONS AND WARRANTIES
You represent and warrant that any material, of any kind, including User Content, that you submit to AKC is owned by you and will not (a) violate or infringe upon the rights of any third party, including, but not limited to copyright, trademark, privacy or other personal or proprietary rights; (b) contain any libelous or otherwise unlawful material or (c) be prejudicial to the best interests of purebred dogs, purebred dog events or the AKC. If you wish to have items removed please contact email@example.com.
You also represent and warrant that any User Content posted by you will not send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing;” be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code or other potentially harmful programs or other material or information.
14. RESTRICTIONS ON USE
You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, the AKC computer systems, or the technical delivery systems of AKC providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by AKC (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with AKC; (iv) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on AKC or the Website.
15. ENDING THESE TERMS
The Terms will continue to apply until terminated by either you or AKC as follows.
You may end your legal agreement with AKC at any time for any reason by discontinuing your use of the Website.
AKC may cease providing you with all or part of the Website at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Website to you is no longer commercially viable.
In all such cases, these Terms shall terminate, including, without limitation, your license to use the Website, except that the following sections shall continue to apply: Brand Content, Copyright Complaints, User Content, Restrictions on Use, Ending These Terms, Disclaimer of Warranties, Limitation of Liability, Representations and Warranties, Indemnification, Waiver and Severability, Disputes, and Applicable Law.
Nothing in this section shall affect AKC’s rights to change, limit or stop the provision of the Website without prior notice, as provided above in section 1.
16. DISCLAIMER OF WARRANTIES
Please read this section carefully since it limits the liability of AKC and its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “AKC Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
THE WEBSITE, UNLESS OTHERWISE AGREED UPON BY THE PARTIES PURSUANT TO ADDITIONAL TERMS AND CONDITIONS, ARE AVAILABLE “AS-IS.” YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE SERVICE, OR ANY CONTENT THEREIN ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED TO YOU ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE AKC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE AKC ENTITIES MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE WEBSITE OR ANY CONTENT THEREIN; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY CONTENT THEREIN; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY AKC; AND (IV) WHETHER THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE AKC ENTITIES, WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.YOUR ACCESS AND USE OF THE WEBSITE INCLUDING ITS FUNCTION AND CONTENT IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE AND CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AKC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES OR SAVINGS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT, BRAND CONTENT, USER CONTENT, OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (v) OTHERWISE ARISES FROM OR RESULTING FROM YOUR USE OF THE WEBSITE.
You agree to defend, indemnify, and hold the AKC Entities harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms; (ii) your access to, use, or misuse of the Website; (iii) your reliance on any User Content or Brand Content; (iv) your User Content; or (v) your violation of any third-party right, including without limitation any intellectual property, or privacy right.
19. WAIVER AND SEVERABILITY
The failure of AKC to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
In the event of a dispute arising under or relating to the Terms, the Website, or any other products or services provided by American Kennel Club Inc. (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ('FAA'). Any election to arbitrate, at any time, shall be final and binding on the other party. If either party chooses arbitration, neither party shall have the right to litigate such claim in court or to have a jury trial. Discovery and appeal rights may also be limited in arbitration. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in the State of New York may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in the New York, New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
21. APPLICABLE LAW
By accessing or using the Website, or any other products or services provided by AKC, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and AKC.
AKC may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notice will be effective upon AKC posting them in the relevant area of the Website or delivering them to you via email. If you do not provide AKC with accurate information, AKC will not be responsible for failure to contact you.