Last updated on May 8, 2012.
Certain products and services may from time to time be made available to you ("you" or "User") by VDOG.tv or its corporate affiliates (collectively, "us", "we" or "the Company") through the VDOG.tv web site (the "Site") and service ("VDOG.tv" or the "Service"). By purchasing any products or services through VDOG.tv, you signify that you have read, understand and agree to be bound by the Terms of Service in effect at the time of purchase ("Terms of Service"). Your purchases and your use of VDOG.tv are also governed by the VDOG.tv Terms of Service ("Terms of Service"), which are incorporated herein by reference.
These Terms of Service are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Service prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on VDOG.tv.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To make a purchase on VDOG.tv, you must be a registered VDOG.tv User and comply with these Terms of Service (including the Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. VDOG.tv sells its products only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on VDOG.tv only with the involvement of a parent or guardian. VDOG.tv reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Subscription Service Terms
VDOG.tv may offer certain services on the site on a subscription basis with recurring payments (“Subscription Services”). You agree to pay your subscription fee in advance of receiving any such Subscription Service. VDOG.tv reserves the right to discontinue or modify any subscription fee payment option at any time without notice. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply.
If you choose a Subscription Service (including any pre-paid subscription option which reverts to a monthly payment plan at the expiration of the pre-paid period), you agree that VDOG.tv may automatically charge the subscription fee to your chosen payment method at the beginning of each period. Your access to the VDOG.tv Subscription Service will not be established until VDOG.tv has verified that the credit card or other payment information you provide VDOG.tv for payment is accurate and that your credit card account or other payment method account is in good standing. You further agree that VDOG.tv may charge any other applicable fees for the VDOG.tv Service, including any early termination fee, to your credit card. VDOG.tv reserves the right to suspend or terminate your access to the VDOG.tv Service without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to VDOG.tv when VDOG.tv believes you are liable for the charges.
You are required to keep your billing information current, complete and accurate (such as a change in billing address, credit/debit card number or expiration date) and notify VDOG.tv if your selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account. You agree to pay any outstanding balance in full within thirty (30) days of purchase of a particular product or service on the VDOG.tv Service. All fees not paid to VDOG.tv by you within thirty (30) days of when such fees become due and payable in accordance with this Agreement shall be subject to a finance charge of one and one half percent (1.5%) per month interest, or the maximum allowable under applicable law, whichever is less, with such interest charges starting on the due date for such fees, plus any related collection and legal costs actually incurred by VDOG.tv in connection with VDOG.tv?s collection of such fees. Additionally, VDOG.tv reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.
PLEASE NOTE: If a purchase has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at [feedback@VDOG.tv].
VDOG.tv may impose an additional transaction fee based on transactions associated with VDOG.tv, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your agreement to the relevant transaction.
Payment Method and Terms
We accept Visa, MasterCard, and Discover credit cards and certain debit cards, as forms of payment. By submitting an order through VDOG.tv, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
With respect to services you purchase through the Site, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on VDOG.tv, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing, at our option, VDOG.tv Credits as described below), with a value at least equal to the amount charged to your credit card. VDOG.tv reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and , and Company reserves the right to collect such taxes or other fees from you at any time.
There are no returns or cancellations for any intangible property or services purchased from Company. All sales are final, noncancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by Company in its sole discretion.
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY COMPANY. COMPANY ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE 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 MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
You agree that the laws of the State of Cyprus, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts of Cyprus, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in the courts of Cyprus.
Arbitration under this Agreement shall be conducted by the Online Permanent Arbitration Court in Europe (the "OPACE") under its Commercial Arbitration Rules and, in the case of consumer disputes, the OPACE's Supplementary Procedures for Consumer Related Disputes ( the "OPACE Consumer Rules") (collectively the "OPACE Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such OPACE Rules and shall be subject to the limitations provided for in the OPACE Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services be instituted more than three (3) years after the cause of action arose.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
These Terms of Sale, including the Terms of Service, constitute the entire agreement between you and Company regarding purchases you make on VDOG.tv, superseding any prior agreements between you and Company relating to such purchases. The failure of Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Service and the Terms of Service, these Terms of Service shall be controlling.
By accessing this website (including all material contained therein), you declare that:
You're using this website solely for personal, noncommercial purposes;
You will not copy or distribute any part of this website without VDOG's prior written authorization;
You will fully comply with the terms and conditions of these terms of service. Please read them carefully.
VDOG provides its users with an infrastructure which enables each user to share a personal TV channel with an unlimited audience freely and securely.
After creating a personal channel the respective user receives a link with which his/her channel can be linked to a worldwide audience via the Internet as well as a deletion link with which the channel he/she has linked to can again be deleted from the server.
VDOG does not have a search function which could help searching through this website.
VDOG does not view its users' channels; the channels are neither catalogued nor listed in directories.
The services offered by VDOG are basically free of charge.
However, VDOG offers premium memberships which significantly increase the service capability and ease of use which are subject to costs.
Intellectual Property Rights
This website, except all user submissions (as defined below), including without limitation, the text, software, visuals, sounds, music, videos, interactive features and the like as well as the trademarks, service marks and logos contained therein, are owned by or licensed to VDOG.
You may not use, copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit them for any other purposes without the prior written consent of their respective owners.
No channels with forbidden content may be submitted or linked to, for example pornography, child pornography, racist media and/or illegal copies of copyrighted material or any material subject to third party proprietary rights, including privacy and publicity rights. This list is not exclusive.
You may not link to any channel with illegal contents on the VDOG website and make copyrighted material contents publicly available, e.g. by disclosing the links in a forum or on any other website.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. Without derogating from the aforementioned, you affirm/warrant that:
(a) You own or have the necessary licenses, rights, consents, and permissions to use and authorize VDOG to use all patent, trademark, trade secret, copyright or other proprietary rights in and to all submissions to enable inclusion and use of the submissions in the manner contemplated by these terms of service;
(b) You have the written consent, release, and/or permission of each and every identifiable person in the submission to use the name or likeness of each individual for use in your submissions in the manner contemplated by these terms of service.
(c) By submitting the material to the VDOG website, you grant a worldwide, non-exclusive, non-limited, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission in connection with the VDOG website and business.
VDOG does not endorse any user submission, and expressly disclaims any and all liability in connection with user submissions. VDOG does not permit copyright infringing activities or infringement of intellectual property rights on its website, and will promptly and without prior notice remove all content and user submissions if properly notified of infringements on third party's intellectual property rights, as further provided hereunder. Repeat infringers will have their user access terminated.
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your rights, although we are not governed by it, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing VDOG with the following information in electronic form (see 17 U.S.C. 512 (3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works 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 the service provider to locate the material;
(d) Information reasonably sufficient to permit contacting you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have 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 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once a complete and proper notice of claimed copyright infringement is received by VDOG, or if VDOG otherwise comes to believe in good faith that a video on the VDOG service may contain material that infringes copyright, it is VDOG's policy:
(a) To remove or disable access to the submitted content identified in the notice of claimed infringement;
(b) To notify the content provider, member or user that it has removed or disabled access to the content; and
(c) To terminate in appropriate circumstances subscribers and account holders who are repeat infringers.
Notices concerning claimed infringement should be sent to: VDOG, Sofouli, 2, Chanteclair building, 3rd floor, office 303, P.C. 1096, Nicosia, Cyprus, or alternatively to support@VDOG.tv. You acknowledge that if you fail to comply with all of the requirements of those sections, your DMCA notice may not be valid.
If a counter-notice is received by VDOG, VDOG may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the submitting user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at VDOG's sole discretion.
You understand that when using the VDOG website, you will be exposed to user submissions from a wide variety of sources, and that VDOG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions.
You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VDOG with respect thereto, and agree to indemnify and hold VDOG and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
VDOG permits you to link to materials on the VDOG website for personal, non-commercial purposes only.
VDOG reserves the right to discontinue any aspect of the VDOG website at any time and for any reason.
Disclaimer; Limitation of Liability
YOU AGREE THAT YOUR USE OF THE VDOG WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VDOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VDOG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY USER SUBMISSION OR ANY SITE LINKED TO THIS WEBSITE AND IN NO EVENT SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THIS WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT VDOG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
VDOG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VDOG WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VDOG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14 Days cancellation policy
VDOG works hard to provide a quality service that meets the needs of our users. As a result, we want you to be happy with all our packages.
Therefore, we offer a 14-Day Money Back Guarantee for our membership packages.
If for any reason you are not completely satisfied with the membership package you purchased from us or it just does not meet your expectations, you should notify us within 30 days from the date of the purchase and we will issue a refund.
However, before asking for a refund, we would encourage you to contact us if you are having any problems so that our support staff can try to resolve the problem.
If you have already decided to request your money back, simply contact us within 14 days of your purchase and we will issue a refund.
If you have made heavy use of your purchase, we reserve the right to issue a partial refund, based on the amount of time remaining or the amount of bandwidth used during these up to 4 days.
If you are not happy with our service for any reason, you are always welcome to send us your feedback and suggestions on how to improve the service we offer.
We will do the best we can to ensure you are totally satisfied.
These terms of service, together with the privacy notice and any other legal notices published on the VDOG website, shall constitute the entire agreement between you and VDOG.
If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect.
No waiver of any term of this these terms of service shall be deemed a further or continuing waiver of such term or any other term, and VDOG's failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.
VDOG reserves the right to amend these terms of service at any time and without notice, and it is your responsibility to review these terms of service for any changes.
Your use of the VDOG website following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.