Terms of Service
Last Updated: August 25, 2020
SoloXolo.com is a site for people who admire, protect and care for the Xoloitzquintli dog, including academics, caregivers, breeders, veterinarians, and owners. The site delivers informational, educational and entertaining content and services to enrich their care, culture and community.
SoloXolo.com is operated by Mango Digital, LLC, a privately held company based in Atlanta, Georgia, United States.
By using the SoloXolo.com website, you accept and agree to be bound by the following terms and conditions (the “Terms of Service”). Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.
The following terms and conditions govern all use of the website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by SoloXolo.com, acceptance is expressly limited to these terms.
- Your Account and Site.
If you are permitted to create an account on the Website, you are responsible for maintaining the security of your account and information , and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account . You must not describe or assign keywords to content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and SoloXolo.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause SoloXolo.com liability. You must immediately notify SoloXolo.com of any unauthorized uses of your account or any other breaches of security. SoloXolo.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Eligibility and registration
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use SoloXolo.com.
As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. We reserve the right to suspend and remove any account at any time.
It is your responsibility to review all other legal noticies published on SoloXolo.com.
- Responsibility of Contributors and Users.
If you post comments, texts, photos, links and other Material on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- the Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your username is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by SoloXolo.com or otherwise.
By submitting Content to SoloXolo.com for inclusion on your Website, you grant SoloXolo.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, SoloXolo.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, SoloXolo.com has the right (though not the obligation) to, in SoloXolo.com’s sole discretion (i) refuse or remove any content that, in SoloXolo.com’s reasonable opinion, violates any SoloXolo.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SoloXolo.com’s sole discretion. SoloXolo.com will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment.
Optional premium, suplemental, ‘VIP’ or ‘Pro’ paid services such as extra storage, access to content, or courses, or additional services may be made available on the Website en different manners, multiples levels, and/or durations. By selecting a premium service you agree to pay SoloXolo.com the monthly or annual subscription fees indicated for that service; payment terms for VIP services are described below. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated.
Premium service fees are not refundable.
- VIP Services.
Fees; Payment. By signing up for any premium account you agree to pay SoloXolo.com the fees indicated in exchange for the services. Applicable fees will be invoiced starting from the day your premium account is established. Premium accounts can be canceled by you at anytime but fees are not refundable.
Support. Premium accounts include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by SoloXolo.com to respond within one business day to one week) concerning the use of the Premium account. “Priority” means that support for Premium account customers takes priority over support for users of the standard, free account services. All Premium account support will be provided in accordance with SoloXolo.com Premium practices, procedures and policies.
- Responsibility of Website Visitors.
SoloXolo.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, SoloXolo.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is personally offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SoloXolo.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Appropriate conduct and content
The SoloXolo.com service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the SoloXolo.com service for any purpose beyond those permitted by Mango Digital, LLC.
You may not use the SoloXolo.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content (“Materials”) that you submit, post, and display on the SoloXolo.com service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service.
For your information, since SoloXolo.com is a publicly-accessible site, anything that may be deemed by the SoloXolo.com community to be obscene will be removed or edited with or without your notice.
Other examples of illegal or unauthorized uses include, but are not limited to:
modifying, adapting, translating, or reverse engineering any portion of the SoloXolo.com service; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the SoloXolo.com service; collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of the SoloXolo.com service; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s enjoyment of the service; submitting Materials of any third party without such third party’s prior written consent; directing any user (for example, by linking) to any Materials of any third party without such third party’s prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by SoloXolo.com; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.
While SoloXolo.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the SoloXolo.com service at your own risk.
- Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SoloXolo.com has made links, and that link to this Website. SoloXolo.com does not have any control over those non-SoloXolo.com websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, SoloXolo.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SoloXolo.com disclaims any responsibility for any harm resulting from your use of external websites and webpages.
- Copyright Infringement and DMCA Policy.
As SoloXolo.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SoloXolo.com violates your copyright, you are encouraged to notify SoloXolo.com. SoloXolo.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of SoloXolo.com or others, SoloXolo.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, SoloXolo.com will have no obligation to provide a refund of any amounts previously paid to SoloXolo.com.
- Intellectual Property.
This Agreement does not transfer from SoloXolo.com to you any SoloXolo.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SoloXolo.com. The name SoloXolo.com, Website of SoloXolo.com, the SoloXolo.com logo, and all other trademarks, service marks, graphics and logos used in connection with SoloXolo.com or the Website are trademarks or registered trademarks of SoloXolo.com or SoloXolo.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SoloXolo.com or third-party trademarks.
SoloXolo.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SoloXolo.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
SoloXolo.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SoloXolo.com.org account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Pro account, such account can only be terminated by SoloXolo.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from SoloXolo.com’s notice to you thereof; provided that, SoloXolo.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties.
The Website is provided “as is”. SoloXolo.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SoloXolo.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
If this SoloXolo.com publishes additional legal notices, it is your responsibility to review them.
- Limitation of Liability.
In no event will SoloXolo.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SoloXolo.com under this agreement during the twelve (12) month period prior to the cause of action. SoloXolo.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty.
You agree to indemnify and hold harmless SoloXolo.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between SoloXolo.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SoloXolo.com, or by the posting by SoloXolo.com of a revised version. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SoloXolo.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Fulton, Georgia. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Mango Digital, LLC be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you, SoloXolo.com and Mango Digital, LLC with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
Email: [email protected]
Mango Digital, LLC
Post Office Box 12063
Atlanta GA 30355-2063