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Terms of Use

The Newfoundland Club of America, Inc. (“NCA®”) operates this Web site. By accessing and using this site, you agree to each of the terms and conditions set forth herein. Additional terms and conditions applicable to certain areas of this Web site or as to certain transactions are posted in those areas or in connection with a particular transaction, and together with these Terms of Use govern your use of those areas and/or transactions.

NCA reserves the right to modify these Terms of Use at any time without prior notice. Your use of this site following any modification constitutes your agreement to be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

You may use this Web site for lawful purposes only. You may not use this Web site for any purpose that is prohibited by law or regulations or to facilitate the violation of any law or regulation.

Copyright

The site and the content are protected by U.S. and/or copyright laws, and belong to the NCA or its partners, affiliates, contributors or third parties. The copyright in the content is owned by the NCA or other copyright owners who have authorized their use on the site. You may reproduce content for online or offline personal use. You may not alter or manipulate in any way the content on the site without the specific written permission from the NCA or the copyright owner.

Many articles on the site are reprinted from Newf Tide, which is published quarterly by the Newfoundland Club of America, Inc. These articles reflect the views of the individual author or committees who prepare them and do not necessarily represent the official position of the NCA or the editor. Publication does not imply endoresement by the NCA or the editor.

Trademarks

You may not use any of the trademarks or logos appearing on this site without written permission from the trademark owner. AKC, American Kennel Club, the American Kennel Club seal and design, Canine Good Citizen, CGC, and all associated marks and logos are trademarks, registered trademarks and service marks of AKC. NCA, Newfoundland Club of America the Newfoundland Club of America Logo, Charitable Trust logo and NCA Rescue logo are trademarks, registered trademarks and service marks of NCA. All other trademarks are the property of their respective owners.

Indemnification

You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless NCA, its affiliates, employees, agents and any third party providers to the site, service or content from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting or arising out of your use, misuse, or inability to use the site, the service or the content, or any violation of the Terms of Use.

Disclaimer of Warranties

THE NCA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. NCA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. NCA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. NCA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

IN NO EVENT WILL THE NCA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR CONTENT, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (5) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF THE NCA HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, NCA'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration

YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, SERVICE OR CONTENT BETWEEN THE NCA AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. HOWEVER, PRIOR TO ARBITRATION ALL APPLICABLE NCA BYLAWS, RULES, REGULATIONS AND PROCEDURES MUST FIRST BE FOLLOWED AS SET FORTH IN THE NCA CHARTER AND BYLAWS, RULES, REGULATIONS, PUBLISHED POLICIES AND GUIDELINES.

Dated: 06/05/06

Social Media Guidelines- added 4/1/12:

Our discussion boards and social media presences (such as Facebook, YouTube, Foursquare, and other social sites) are governed by the following set of community standards. Listed below are some, though not all, violations that may result in the termination or suspension of your user account and/or access to this website and/or our discussion boards and/or our social media sites. Please familiarize yourself with them. By posting on our discussion boards or our social media sites, you indicate that you accept the Terms of Service.

NCA neither endorses products nor services nor the content of communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials or any crime facilitated by use of the Sites.

To report any violations of the Terms of Service, please use the “Contact Webmaster” links on our websites or email webmaster@newfdogclub.org to notify us of a possible violation. Our moderation team will review all comments and take appropriate action for each.

The NCA online communities should be friendly, informative, and enjoyable for all of our members. We reserve the right, but shall not be obligated to remove any material that does not comply with our Terms of Service without prior warning or further explanation. We also reserve the right to revoke posting privileges at our discretion and without warning.

You agree that when using these forums, you will act in a manner consistent with the goals of the NCA, and by way of example, and not as a limitation, you specifically agree and understand that:

a. You will not violate any applicable local, state, national or international law, including but not limited to any rule, regulation, decree or ordinance.

b. You will not post information on or download information from any of the Sites unless you have all rights and authority necessary to do so.

c. You will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal or other material or information that NCA in its sole discretion views as objectionable, including but not limited to text, graphics, audio and video files.

d. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any User or representative of NCA.

e. You may express your disagreement with someone’s point-of-view but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.

f. You will not impersonate another person or entity, including but not limited to an NCA representative, or communicate under a false name or a name that you are not entitled or authorized to use.

g. You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or other similarly disruptive content.

h. You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Sites.

I. You will not post files that contain viruses, corrupted files or other similar software, programs or routines that may damage the operation of another’s computer or any of the Sites.

j. You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to another User’s user name(s) or other information, NCA servers, NCA software or areas of the Sites not intended for your access.

k. You will not post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by NCA for such purposes.

l. You will not harvest, mine or otherwise collect or store personal information about others, including without limitation e-mail addresses and User profiles.

m. You will not use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses any Site in a manner that sends more request messages to the NCA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NCA grants the operators of public search engines permission to use spiders to copy materials from any Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NCA reserves the right to revoke these exceptions either generally or in specific cases.

n. You agree not to collect or harvest any personally identifiable information, including without limitation usernames, from any Site or to use the communication systems provided by any Site for any commercial solicitation purpose.

o. You agree not to solicit, for commercial purposes, Users of the Sites.

p. Always remember that any personal information you reveal can be obtained and used by others. Anything you say here, you say at your own risk. Do not provide anyone with any information that you don't want made public.

q. When participating in an online conversation, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.

r. If we judge a submission inappropriate, we reserve the right to delete that post and all replies to it. Re-posts of previously deleted contributions will be treated in the same way. Judgments concerning posts are made at our discretion, and our decisions are considered final.

 

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