Terms of Service

www.doguebygina.com (the “Website”) is operated by DOGUE By Gina LLC (“we”, “us”, “our”, or the “Company”). Before registering with the Company for a user profile on this Website, please read the following regarding our Terms and Conditions for Sale (these “Terms” or the “Agreement”) carefully to understand our policies and practices regarding your information, how we will treat it, and what we expect of you during your use of the Website.

You are required to read, understand, and agree to the Terms prior to using this Website. We refer to you, the person who will click to accept or agree to these Terms when this option is made available to you, as the “Customer.”

ACCESSING AND USING THE WEBSITE 

ACCEPTANCE OF THE TERMS:

Please read these Terms carefully before you start to use the Website. By clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms, including our Privacy Policy, found below. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY:

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your Internet connection are aware of these Terms and comply with them.

To access the Website, or some of the resources it offers, you may be asked to provide certain registration details or other information. Details requested include, but are not limited to, first and last name, email address, phone number, physical address, and credit card information (when applicable). It is a condition of your use of the Website that all the information you provide on the Website is correct, current, truthful, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy below, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, or portions of it, using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

YOUR PERSONAL INFORMATION:

All information we collect on this Website is subject to our Privacy Policy below. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

RELIANCE ON INFORMATION POSTED:

We may, from time to time, post informative information on the Website, including but not limited to our Photo Resolution Guidelines & Tips. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

LINKS TO OTHER WEBSITES:

The Website contains links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS:

The owner of the Website is based in the state of California, in the United States of America. We provide this Website for use only by persons located in the United States, unless otherwise specifically indicated. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

PROHIBITED USES:

You may use the Website and our Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website and/or our Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

INTELLECTUAL PROPERTY

THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS:

The Website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (collectively the “Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms grant you a limited, revocable, non-transferable, and non-exclusive license to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. 

You must not:

• Modify copies of any materials from this Website.
• Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
• Decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content, or otherwise distribute in any way the Content other than as specifically permitted in this Agreement.

You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@doguebygina.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

The Company grants to you, the Customer, a royalty-free, paid up, worldwide, perpetual, exclusive, transferable license to use the customized faux dog magazine cover(s) delivered to you by the Company, solely for your personal use of those product(s) pursuant to these Terms. The Company shall retain ownership of and unrestricted right to use any customized faux dog magazine cover created by the Company, for any legal reason, including but not limited to publicity and promotion of the Website and the services offered through it. Any services performed for you by the Company and any deliverable item(s) produced pursuant to this Agreement is/are not "work(s) for hire."

LICENSE TO DISPLAY USER-GENERATED CONTENT:

By accepting these Terms, you grant a royalty-free, paid up, worldwide, perpetual, irrevocable, non-exclusive, transferable license to the Company to use any content you upload to the Website (“User-Generated Content”), such as a picture of your pet, for any legal reason, including but not limited to publicity and promotion of the Website and the services offered through it. Such User-Generated Content includes any and all photos of your pet that you upload to the Website. You shall retain ownership of and unrestricted right to use any User-Generated Content. You understand that in the event that you do not wish to grant this license to the Company, your only option is to not upload User-Generated Content, which will inhibit the Company from creating a customized faux dog magazine cover for you.

Additionally, any and all rights not expressly granted in this provision or above are reserved to the Company.

PROMOTIONAL LICENSE:

Wherever the final customized faux dog magazine cover(s) delivered to Customer is/are displayed by Customer, either digitally or in print of any kind, Customer shall attribute the products to the Company by including “A DOGUE By Gina Original.”

TRADEMARKS:

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, except in a manner constituting “fair use.” All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

EMAIL CORRESPONDENCE:

Emails sent to any @doguebygina.com email address are considered our property. You can read more about this in our Privacy Policy below. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.

IMAGES, VIDEOS, AND ARTICLES:

We may display images, articles, audio, and video (the “Material”) on the Website from time to time. The types of Material users are authorized to access on the Site includes Material commissioned by the Company, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.

COPYRIGHT NOTICES - DMCA REQUESTS:

In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.

If we publish or are hosting Content that you think infringes your copyright, please email us at info@doguebygina.com and we will address your concerns.

If the Content falls into one of the categories listed above under IMAGES, VIDEOS, AND ARTICLES, we believe that our use is legitimate and we may not remove it from the Website. If you have corresponded with the Company directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the DMCA can be found at the U.S. Copyright Office Website.

To file a notice of infringement with us, you must provide a written communication by email to info@doguebygina.com with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.

To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:

• For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
• Provide information reasonably sufficient to permit us to contact you - an email address and/or telephone number is preferred.
• For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
  • Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• Sign the document and email it to info@doguebygina.com.

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our Website infringes your copyrights 

INFORMATION REGARDING PURCHASE OF PRODUCTS

ORDER PROCEDURE:

Please see our How to Order webpage on the Website for complete information on how to purchase a product. To purchase a product, a user should add each product they desire to their cart. Once ready, the user may proceed to checkout. At checkout, the user will be asked to provide contact and billing information, including full name, email address, physical address, phone number, and payment information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to the Company the right to provide such information to third parties for purposes of facilitating the completion of the purchase initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

Once all required information has been provided, the user may complete the purchase. Once a purchase has been made, the Customer will receive a confirmation email from the Company, delivered to the email address the provided during checkout. Customer may also receive a courtesy email to inform them that their order has shipped as well as other automated emails. In most circumstances, you can expect your order within about two (2) weeks. However, see ALL DATES ESTIMATED below for more information.

IMAGE QUALITY:

In order to provide you with a high-quality product, we require a high-resolution photograph from you. At this time, we are unable to verify photo quality for you. Under no circumstances will the Company be required to refund your payment in the event that a photo you provide is low-resolution, resulting in pixilation or other imperfections. Our Photo Resolution Guidelines & Tips webpage is provided solely for general information purposes but may be helpful to you in determining whether or not your chosen photograph is an appropriate resolution.

PAYMENT:

You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchase.

The obligation of Customer to make payment to the Company according to these Terms is not conditioned on Customer’s satisfaction with the product(s) purchased under these Terms. While we do our best to create product(s) every customer is happy with, you understand and expressly agree that delivery of the product(s) under these Terms shall obligate you to make payment. Any claim to any of our payment processors for request to stop payment that is made fraudulently or in bad faith by Customer shall constitute a material breach of these Terms.

RUSH FEES:

In the event that a Customer requires rushed completion and delivery of a product in advance of the normal projected deadline for orders, a 50% rush fee shall be applied to each purchased product that requires a rush order.

REFUND AND SHIPPING POLICIES:

Additional terms and conditions may also apply to specific portions, services, or features of the Website, such as our Refund Policy and Shipping Policy. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

AVAILABILITY:

The Company makes a conscientious effort to describe and display its products accurately on the Website. Despite these efforts, items on the Website may be unavailable due to delays in updating information on the Website. The Company’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the availability of an item has been confirmed. If we determine that there are unable to fulfill your order for any reason, including but not limited to stock limitations, we will notify you via email as soon as practicable.

RISK OF INJURY FROM IMPROPER INSTALLATION:

The Company provides ready-to-hang frames with each product purchased. Customer understands and agrees that IMPROPER INSTALLATION AND/OR USE OF PRODUCTS MAY LEAD TO PROPERTY DAMAGE, PERSONAL INJURY, OR EVEN DEATH. It us the Customer’s responsibility to research how to properly hang the framed customized faux dog magazine cover(s) before installing. Any information provided by the Company regarding hanging the framed customized faux dog magazine cover(s) is for general informational purposes only. Customer is solely responsible for assessing the feasibility of installation of any product in their desired location. Customer agrees not to use any product for any other purpose other than its intended purpose. The Company has no material liability (whether known or unknown, whether asserted or unasserted, whether absolute or contingent, whether accrued or unaccrued, whether liquidated or unliquidated, and whether due or to become due) arising out of any injury to individuals or property as a result of the ownership, reliance on any information delivered by the Company, improper installation by Customer or any third party, or improper use of any product developed, sold, and/or delivered by the Company.

ALL DATES ESTIMATED:

Customer understands and acknowledges that any production, shipping, and delivery dates listed on this Website are estimated dates and are not guaranteed. In the event that Customer requires delivery of their product by a specific date, please contact info@doguebygina.com prior to purchase in order to discuss options.

REVISIONS:

One (1) round of revisions is included in the price for each product purchased. Any additional revisions will require a change order, at additional cost to the Customer. Changes in Customer input or direction or extra rounds of revisions may cause subsequent delays in delivery. In order to avoid delays, Customer agrees to review the draft provided by the Company within the time requested for review by the Company and either approve the draft in writing or provide written comments and/or corrections sufficient to allow the Company to identify and cure the Customer’s concerns, objections or corrections. The Company shall be entitled to request written clarification for any concern, objection or correction. If no time period for review is requested by the Company, Customer shall be responsible for reviewing draft within three (3) business days.

EMPLOYMENT OR ENGAGEMENT OF OTHERS:

The Company may employ the services of other independent contractors or service providers without the permission of Customer in order to complete the services. The Company shall be responsible for supervision and control of any employees or independent contractors who perform services pursuant to this Agreement. All such persons shall be employees and/or contractors of the Company and not of Customer. The responsibility for specification of the work to be performed and the specific services hereunder shall be exclusively that of the Company’s.

NON-SOLICITATION:

For one (1) year from the date of purchase of each new product provided through the Website, Customer agrees not to directly or indirectly call on, solicit, persuade or attempt to solicit or persuade, or in any way reduce, interfere, or cause to cease any business with any employee, partner, designer, editor, consultant, independent contractor or other client of the Company that Customer has become acquainted with as a result, directly or indirectly, of this Agreement. In the event that the Customer does solicit, whether as an employee or independent contractor, an employee or independent contractor of the Company in violation of these terms, the Customer shall pay to the Company a fee equal to fifty percent (50%) of the employee or independent contractor's annual wage or rate (the "Placement Fee"). The Placement Fee must be paid within fifteen (15) days of the date of such hiring/retention.

NON-EXCLUSIVE:

This Agreement is non-exclusive. The Company is free to provide services to other parties during the term of this Agreement, provided that such provision of services to others does not materially interfere with the terms and obligations of this Agreement.

INDEPENDENT CONTRACTOR:

The relationship of the Company and Customer under this Agreement is one of independent contractors, and no joint venture, partnership, agency, employer-employee, or similar relationship is created by this Agreement or the parties’ related conduct. The Company has the sole right to control and direct the means, details, manner, and method by which the services will be completed as the Company is providing services in the Company’s industry that the Company traditionally provides. Accordingly, the Company shall be responsible for payment of all taxes arising out of the Company activities in accordance with this Agreement, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or business license fee as required. However, the Customer will be charged sales tax, as applicable, for their purchases.

MISCELLANEOUS TERMS

COOPERATION WITH LAW ENFORCEMENT AND REGULATORY BODIES:

We have the right to fully cooperate with any law enforcement authorities, regulatory agencies, or court order requesting or directing us to disclose the identity or other information of anyone sharing information with us through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

DISCLAIMER OF WARRANTIES BY COMPANY:

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Company has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE FEDERAL OR STATE LAW.

INDEMNIFICATION:

You agree to defend, indemnify and hold harmless the Company, its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your user contributions, any use of the Website's Content, Services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

GOVERNING LAW:

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego, and County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country or county of residence, or any other relevant country or county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION:

If you have any issue or dispute with the Company, you agree to first contact us at info@doguebygina.com and attempt to resolve the dispute with us informally. If we are not been able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

Unless both parties agree otherwise, the arbitration will be conducted in San Diego County, California. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

LIMITATION ON TIME TO FILE CLAIMS:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY:

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

ENTIRE AGREEMENT:

These Terms, our Privacy Policy, and (if applicable) our Clickwrap constitute the sole and entire agreement between you and us with respect to the Website and Services provided, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

CHANGES TO THE WEBSITE:

We may update the Content on this Website from time to time, but its Content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

PRIVACY POLICY

Last Modified: September 12, 2020

DOGUE By Gina LLC respects your privacy and is committed to protecting it through our compliance with this “Privacy Policy.” Throughout this Privacy Policy, we refer to any person accessing or using this website as “you,” or the “User.”

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website www.doguebygina.com (our "Website") and our practices for collecting, using, maintaining, protecting and disclosing that information.

This Privacy Policy applies to information we collect:

• On or through this Website.
• In email, text, and other electronic messages between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website, platform, or social media profile operated by DOGUE By Gina LLC or any third party (including our affiliates and subsidiaries), unless those sites include links to this Privacy Policy; or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from, or on, the Website. Please be aware that we have no control over the content and policies of those sites and cannot accept responsibility or liability for their respective privacy practices.

Please read this Privacy Policy carefully to understand our policies and practices regarding your “Personal Information” (as defined below in INFORMATION WE COLLECT) and how we will treat it. If you do not agree with our policies and practices, your only choice is not to use our Website. By accessing or using this Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of this Website after we make changes is deemed to be your acceptance of those changes, so please check the Privacy Policy periodically for updates.

DOGUE By Gina LLC’s Privacy Assurance

• We do not sell your Personal Information to any nonaffiliated third parties.
• We do not share your Personal Information with nonaffiliated third parties that would use it to contact you about their own products and services, unless you have allowed us to do so and as permitted pursuant to a joint marketing agreement.
• We require persons or organizations that represent or assist us in serving you to keep your information confidential.

CHILDREN UNDER THE AGE OF 13:

Our Website is not intended for children under 13 years of age. No one under the age of 13 may provide any Personal Information to, or on, the Website. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on this Website, or on or through any of its features/functionality, make any purchases through the Website, use any of the interactive features that may be available on this Website, or provide any information about yourself to us, including your name, address, telephone number, email address or any user name you may use. If we learn that we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@doguebygina.com.

INFORMATION WE COLLECT:

We collect several types of information from and about users of our Website, including log data, device data, and Personal Information.

Log Data

When you visit our Website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.

Device Data

We may also automatically collect data about the device you’re using to access our Website. This data may include the device type, operating system, unique device identifiers, device settings, and location data. What we collect depends on the individual settings of your device and software.

Personal Information

We may collect information from you while you use this Website, including:

• By which you may be personally identified, such as your name, postal address, email address, telephone number, date of birth, payment information, and other identifying information that you choose to share with us by which you may be contacted online or offline ("Personal Information"); and/or
• That is about you but individually does not identify you, such as your annual revenue, gender, certain demographic information. This information is not considered Personal Information, as it is anonymized statistical data.

HOW WE COLLECT INFORMATION:

Information We Collect Automatically

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, as described above. The technologies we use for this automatic data collection may include cookies, flash cookies, or web beacons. For more information on these technologies, see our DATA COLLECTION POLICY below. The information we collect automatically is statistical data and does not include Personal Information, but we may maintain it for the any of the reasons listed in HOW WE USE YOUR INFORMATION.

Information You Provide Directly to Us

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website or signing up for our newsletter. We may also ask you for information if you report a problem with our Website;
• Records and copies of your correspondence (including email addresses), if you contact us;
• Details of transactions you carry out through our Website; and/or
• Your search queries on the Website.

Information Provided to Us by Third Parties

If we receive Personal Information about you from a third party (for example, our business partners or service providers) we will protect it as set out in this Privacy Policy. If you are a third party providing Personal Information about somebody else, you represent and warrant that you have such person’s consent to provide the Personal Information to us.

DATA COLLECTION POLICY:

The technologies we use for automatic data collection on this Website may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website;
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies; and/or
• Web Beacons. Pages of the Website, and our emails, may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit DOGUE By Gina LLC, for example, to count users who have visited those pages, or opened an email, and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

DO NOT TRACK:

“Do Not Track” is a preference you can set in your browser to let websites you visit know that you do not want them collecting certain information about you. We do not currently respond to, or honor, Do Not Track signals or requests from your browser.

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES: 

Some content or applications on the Website are served by third parties, including web platform builders and application providers. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use our Website. The information they collect may be associated with your Personal Information, or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

HOW WE USE YOUR INFORMATION:

We may collect your information for a number of reasons, specifically:

• To enable you to access and use our Website;
• To enable you to customize or personalize your experience of our Website;
• To contact and communicate with you;
• To prevent fraud;
• For internal record keeping and administrative purposes;
• For analytics, market research, and business development, including to operate and improve our Website;
• To offer additional benefits to you, including but not limited to sending promotional information about our products/services and/or facilitating competitions and/or giveaways;
• To fulfill any other purpose for which your provide your information and consent; and/or
• To comply with our legal obligations and resolve any disputes that we may have.

DISCLOSURE OF YOUR INFORMATION, GENERALLY:

We disclose Personal Information that we collect or that you provide, as described in this Privacy Policy, in the following circumstances:

• To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of DOGUE By Gina LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by DOGUE By Gina LLC about our Website users is among the assets transferred. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your Personal Information according to this Privacy Policy;
• To fulfill the purpose for which you provide it;
• For any other purpose disclosed by us when you provide the information; or
• With your consent.

DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES:

We may disclose your Personal Information to third party service providers for the purpose of enabling them to provide their services, if you have allowed us to do so, including but not limited to:

• Information Technology (“IT”) service providers;
• Data storage, hosting, and server providers;
• Analytics companies;
• Error loggers;
• Maintenance or problem-solving providers;
• Marketing or advertising providers;
• Professional advisors;
• Payment systems operators; and/or
• Sponsors or promoters of any competition or promotion we run.

We may also disclose your Personal Information to third parties for the purpose of establishing, exercising, or defending our legal rights, including but not limited to:

• Debt collectors;
• Our legal counsel and/or prospective legal counsel; and/or
• Courts, tribunals, regulatory authorities, and law enforcement officers, as required by law.

We may disclose aggregated, anonymized, statistical data, and/or non-identifying information about our users without restriction. 

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION:

We strive to provide you with choices regarding the Personal Information you provide to us. The following mechanisms should help to provide you with control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this Website may be inaccessible or not function properly.
• Promotional Offers from DOGUE By Gina LLC. If you do not wish to have your email address/contact information used by DOGUE By Gina LLC to promote our own or third parties' products or services, you can opt-out by by sending us an email stating your request to info@doguebygina.com. If we have sent you a promotional email, you may use the unsubscribe option in the footer of the email. This opt out does not apply to information provided to DOGUE By Gina LLC as a result of a product or service purchase, or other transactions.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

ACCESSING AND CORRECTING YOUR INFORMATION:

If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you can review and change your Personal Information by logging into your account profile on the Website and navigating to the appropriate settings page or sending us an email at  info@doguebygina.com to request access to, correct, or delete any Personal Information that you have provided to us. We cannot delete some of your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or regulatory requirement, result in fraud, or cause the information to be incorrect.

YOUR CALIFORNIA PRIVACY RIGHTS:

If you are a California resident, you have the right to request information from us regarding the manner in which we share certain categories of your Personal Information with third parties for their own direct marketing uses. California’s “Shine the Light” Act provides that you have the right to submit a request to us at our email address in order to receive information on the categories of customer information that we shared and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To obtain this information, please send an email message to info@doguebygina.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you in your email address in response. 

Please be aware that not all information sharing is covered by the Shine the Light requirements, and only information on covered sharing will be included in our response. 

DATA SECURITY:

We won’t keep Personal Information for longer than is necessary to present our Website to you or to provide our services to you.

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us through the Website is secured by TLS technology, and is stored on our secure, password protected servers behind firewalls. We have implemented a restricted employee access for all of our servers containing personally identifiable information.

Any payment transactions will be encrypted using SSL technology. We use PCI-DSS compliant payment processors.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

CHANGES TO OUR PRIVACY POLICY:

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users' Personal Information, we will notify you by email to the most recent email address provided to DOGUE By Gina LLC. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

CONTACT INFORMATION:

To ask questions or make a comment about this Privacy Policy, our privacy practices, or our Terms, contact us at: info@doguebygina.com.