Terms of Service

Effective as of April 20, 2016

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "You", or "User" or with “your”) AND THE HOUND FOUNDATION (referenced herein as "HF") THAT APPLIES EACH TIME YOU USE OR ACCESS THE houndfoundation.org WEBSITE PROVIDED BY HF. YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (the or this “TOS”) AS THEY GOVERN YOUR ACCESS AND USE OF THE AVAILABLE INFORMATION, SOFTWARE FUNCTIONALITY, OR MATERIALS PROVIDED THROUGH THE houndfoundation.org WEBSITE (collectively, as referenced herein, the “SITE”). HF IS WILLING TO ALLOW THE USE OF THIS SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.

• LICENSE GRANT. This TOS provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright, trademark and other applicable notices contained in such materials and information. You may also print and download materials and information from the Site to educate your school and community provided that all hard copies contain all copyright, trademark and other applicable notices contained in such materials and information.
• RESTRICTIONS. Except for the express right to print and download the materials for the limited purpose set forth above, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
• USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view any information and materials, register or enter into a transaction with or through HF for any reason, or submit information of any kind, You represent that You are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when You provide information via a Site registration or submission form.  The Site is not intended for use by minors. Parents and guardians should monitor the use of the Site by minors. Children under age 13 should not use the Site at all.  If a child under age 13 submits information through any part of the Site, and we become aware that the person submitting the information is under age 13, we will attempt to delete the information as soon as reasonably possible.  In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. While HF has endeavored to create a secure and reliable Site, You should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, HF is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to such issues.
• PARENTAL ACKNOWLEDGEMENT. As the parent or legal guardian of the minor using or downloading the Site, by clicking “I accept”, you acknowledge that: (i) your minor child using or downloading this Site is not under the age of 13; (ii) that you are the parent or legal guardian of the minor child using or downloading the Site and that you have the right, authority, and capacity to accept this TOS on behalf of yourself and your minor child; (iii) that you grant permission for your child to use and download the Site and will supervise and take responsibility for the actions of your child at all times; (iv) that you have read and agree to abide by this TOS; and (v) that you have reviewed this TOS with your child and have agreed that your child will abide by the terms and conditions of the TOS.  All references to “You” in the Agreement shall include both you and your child where appropriate.
• OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the donation of funds or payment for or participation in a program or event. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOS and other notices, terms, and conditions posted to the Site, HF shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to such donation, payment, or participation.
• PRIVACY POLICY. Your use of the Site will constitute acceptance of HFs personal identifying information collection and use practices. Please see HF's Privacy Policy for a summary of HF's personal identifying information collection and use practices.
• POSTINGS. This Site may contain blogs, message boards, comment areas, questionnaires, meme generators, and other interactive features and functionality where Users can share and post certain information and content. To the extent that the Site contains such communication forums (collectively, “Forums”), You agree that by using the Site You will not upload, post, display, or transmit any of the following materials on the Site’s Forums:
  • Anything that interferes with or disrupts the Site or the operation thereof;
  • Statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others;
  • Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
  • Statements or material that violates other contractual or fiduciary rights, duties, or agreements;
  • Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
  • Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
  • Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of HF;
  • Statements or material that misrepresents your affiliation with any entity and/or HF;
  • Anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual;
  • Statements or material that are “off-topic” for a designated Forum, and
  • Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.
• PERMISSION TO USE POSTINGS. Forums and postings the Site are the resources and property of HF and/or its licensors and You will not have any proprietary interest in any Forum. Moreover, by submitting or uploading content, images, memes, information, or materials of any type (a "Posting") to a Forum or other portion of the Site or by otherwise using the Site to transmit or display a Posting, You automatically grant HF a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content, image, meme, information, or material (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that You have all necessary rights to make the Posting available to HF and a Forum, and You also acknowledge that such Postings are non-confidential for all purposes and that HF has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, images, memes, and materials to appear on the Site, HF has not become and is not a publisher of such information, content, images, memes, and materials and is merely functioning as an intermediary to enable You to provide and display a Posting. Moreover, HF assumes no responsibility for the deletion of or failure to store any Posting and recommends that You do not post, display, or transmit any confidential or sensitive information. All Users shall remain responsible for their own Postings.
• NO PRE-SCREENING OF POSTINGS. HF is not responsible for screening, policing, editing, or monitoring your or another User’s Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to HF's right and ability to delete or remove a Posting (or any part thereof), HF does not endorse, oppose, or edit any opinion or information provided by You or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other User. Nevertheless, HF reserves the right (but undertakes no obligation) to monitor, delete, or take other action with respect to Postings (or parts thereof) that HF believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to HF or its affiliates, members, volunteers, services, programs, or goodwill. If You violate this TOS, HF may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue You a warning regarding your use of the Site, and/or terminate your use of the Site.
• PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the Site. Accordingly, as expressly set forth herein.  You expressly acknowledge and agree that HF transfers no ownership or intellectual property interest or title in and to the Site to You or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by HF (or its third party licensors) its successors and assigns and are protected by applicable law which may include, but not be limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, HF does not grant any other express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Site is Copyright © 2016 The Hound Foundation and/or its licensors. All rights reserved. HF also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Hound Labs, Inc. (HL) and HF and all other names, designs, logos, and icons identifying HL and HF and its programs, events, solutions, and services are proprietary trademarks of HL and HF, and any use of such marks, including, without limitation, as domain names, without the express written permission of HL and HF is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
• SOCIAL MEDIA FEEDS. HF may provide live social media feeds from 3rd parties (e.g. Twitter ®, Instagram®, Facebook ®, LinkedIn®), in its sole discretion. The content contained in these feeds is governed by the privacy policy and TOS of those respective companies. However, and except as provided below with respect to HF's right and ability to delete or remove a feed (or other submission) from the social media feeds, HF does not endorse, oppose, or edit any opinion or information provided by You or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other User. Nevertheless, HF reserves the right to monitor and remove feeds (or other submissions) with respect to social media feeds that HF believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to HF or its affiliates, members, volunteers, services, programs, or goodwill. If You violate this TOS, HF may, in its sole discretion, delete the unacceptable feed (or other submission) from its social media feed.
• LINKS TO OTHER SITES. HF may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by HF and are maintained by third parties over which HF exercises no control. Accordingly, HF expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
• DISCLAIMER. THE SITE IS OFFERED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. HF MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ANY USE OF OR INABILITY TO USE THE SITE, OR ACCURACY OF THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. HF ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE SITE IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HF IS NOT LIABLE FOR ANY CONDUCT OF ANY OTHER USERS OF THE SITE.
• LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HF BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF HF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF HF FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO HF IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.  
• GOVERNMENT USERS. If You are, or You are using the Site on behalf of, a US a federal government entity, HF provides the Site solely as follows: Government technical data and software rights related to the Site include only those rights customarily provided to the public as defined in this TOS. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation).  If greater rights are needed, a mutually acceptable written addendum specifically conveying such rights must be executed with this TOS.
• GOVERNING LAW. This TOS will be deemed to have been made in the State of California, and the provisions and conditions of this TOS will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of laws principles thereof.  EXCEPT FOR ANY ACTIONS FOR PRELIMINARY EQUITABLE RELIEF, THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS THE STATE AND FEDERAL COURTS LOCATED IN THE COUNTY OF ALAMEDA COUNTY, CALIFORNIA. USER AND NPM CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.
• INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOS, including, without limitation, with respect to unauthorized use of HF proprietary assets, will cause irreparable injury to HF, such injury would not be quantifiable in monetary damages, and HF would not have an adequate remedy at law. You therefore agree that HF shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, You hereby waive any requirement that HF post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to HF to enforce any provision of this TOS.
• TERM AND TERMINATION. This TOS will take effect the moment You click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. HF reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny You access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOS will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice and may impact your membership status with HF. You may also terminate this TOS at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as identified below, and each re-access or use of the Site will reapply this TOS (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Site in your possession. The provisions concerning HF's proprietary rights, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of this TOS for any reason.
• WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by HF of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.
• ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and HF as result of this TOS or your utilization of the Site. This TOS and HF's Privacy Policy represent the entire agreement between You and HF with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and HF with respect to the Site. You may not assign or transfer any rights under this Agreement without the prior written consent of HF. Please note that HF reserves the right to change the terms and conditions of this TOS by posting a revised TOS or mailing and/or e-mailing notice thereof to You. In addition, HF may add, modify, or delete any aspect, program, or feature of the Site, but HF is not under any obligation to add any upgrade, enhancement, or modification. No modification of this TOS by You shall be deemed effective unless a separate and specific writing has been executed by You and an authorized officer of HF.  Your continued use of the Site following any posted change or update to this TOS by HF will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review the TOS found at this location on a periodic basis.