ACCEPTANCE OF TERMS
Coverdogs provides the "Coverdogs Services" (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at:https://cover-dogs.com/terms-of-service. By accessing and using the Coverdogs Services, you accept and agree to be bound by the terms and provision of the TOS.
DESCRIPTION OF COVERDOGS SERVICE
Coverdogs App provides users with an easy way to create instant Magazine Covers and Photo Collages using photos from their devices, as well as stickers, text, and other media. You also understand and agree that the Coverdogs Services may include certain communications from Coverdogs, such as service announcements and administrative messages, and that these communications are considered part of Coverdogs Services. You will be able to opt out of receiving them by disabling push notifications, but you can view them as announcements inside the app itself. You understand and agree that the Coverdogs Services is provided "AS-IS" and that Coverdogs assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Coverdogs App and that access may involve third-party fees (such as Internet service provider to share your photos to Instagram). In addition, you must provide and are responsible for all equipment necessary to access the Coverdogs Services.
You understand that all information, data, text, photographs, graphics, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Coverdogs, are entirely responsible for all Content that you create, save, email, share, transmit or otherwise make available via the Coverdogs Services. Coverdogs does not control the Content posted via the Coverdogs Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Coverdogs Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Coverdogs be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, shared via Instagram, or otherwise made available via the Coverdogs Services.
You agree that under the use of Coverdogs Services: There is no age limitation for using the Coverdogs application. You may not use the Coverdogs Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, social media profiles, links ("Content") that you create and save using the Coverdogs Services. You must not modify, adapt or hack Coverdogs or modify another website so as to falsely imply that it is associated with Coverdogs. You must not access the Coverdogs private API by any other means other than the Coverdogs application itself. You must not use web URLs in your name without prior written consent from Coverdogs. You must not transmit any worms or viruses or any code of a destructive nature. You must not, in the use of Coverdogs, violate any laws in your jurisdiction, including, but not limited, to copyright laws. You must not email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You must not interfere with or disrupt the Coverdogs Services, or servers, or networks connected to the Coverdogs Services, or disobey any requirements, prores, policies or regulations of networks connected to the Coverdogs Services, including using any device, software or routine to bypass our robot exclusion headers. In consideration of your use of the Coverdogs Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Coverdogs Services under the laws of the United States or other applicable jurisdiction.
We reserve the right to modify or terminate the Coverdogs services for any reason, without notice at any time. We reserve the right to alter these Terms of Service at any time. It is your responsibility to stay up to date with our Terms of Servioce, which can be found at https://cover-dogs.com/terms-of-service. We reserve the right to refuse service to anyone, for any reason, at any time. We may, but have no obligation to, remove Content, and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Services.
PROPRIETARY RIGHTS IN CONTENT ON COVERDOGS
Coverdogs does NOT claim ANY ownership rights in the text, files, images, photos, works of authorship, applications, or any other materials (collectively, "Content") that you create using the Coverdogs Services. You represent and warrant that: (i) you own the Content created by you on or through the Coverdogs Services or otherwise have the right to grant the license set forth in this section, (ii) the creation and use of your Content on or through the Coverdogs Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you create on or through the Coverdogs Services.
The Coverdogs Services contain Content of Coverdogs ("Coverdogs Content"). Coverdogs Content is protected by copyright, trade secret and other laws, and Tasty Work, LLC owns and retains all rights in the Coverdogs Content and the Coverdogs Services.
The Coverdogs Services contain Content of Users and other Coverdogs licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Coverdogs Services. Coverdogs performs technical functions necessary to offer the Coverdogs Services, including, but not limited to, transcoding and/or reformatting Content to allow its use throughout the Coverdogs Services. Although the Site and other Coverdogs Services are normally available, there will be occasions when the Site or other Coverdogs Services will be interrupted for scled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Coverdogs. Also, although Coverdogs will normally only delete Content that violates this Agreement, Coverdogs reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Coverdogs in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Coverdogs encourages you to maintain your own backup of your Content. In other words, Coverdogs is not a backup service. Coverdogs will not be liable to you for any modification, suspension, or discontinuation of the Coverdogs Services, or the loss of any Content. With respect to Content you submit or make available for inclusion on publicly accessible areas of Coverdogs, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Coverdogs Services solely for the purposes of providing and promoting the specific Coverdogs to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Coverdogs Services and will terminate at the time you remove or Coverdogs removes such Content from the Coverdogs Services.
CONTRIBUTIONS TO COVERDOGS
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Coverdogs through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Coverdogs is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Coverdogs may have something similar to the Contributions already under consideration or in development; (d) your Contributions automatically become the property of Coverdogs without any obligation of Coverdogs to you; and (e) you are not entitled to any compensation or reimbursement of any kind from Coverdogs under any circumstances.
As permitted by law, you agree to indemnify and hold Coverdogs and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys'; fees, made by any third party due to or arising out of Content you create, transmit, modify or otherwise make available through the Coverdogs Services, your use of the Coverdogs Services, your connection to the Coverdogs Services, or your violation of any rights of another Terms of Service.
NO COMMERCIAL REUSE OF COVERDOGS SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Coverdogs Services.
MODIFICATIONS TO COVERDOGS SERVICES
Coverdogs reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Coverdogs Services, or any part thereof, with, or without notice. You agree that Coverdogs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Coverdogs Services (or any part thereof).
You agree that Coverdogs may, without prior notice, immediately terminate, limit your access to, or suspend your Coverdogs account, any associated email address, and access to the Coverdogs Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Coverdogs Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Coverdogs Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Coverdogs's sole discretion and that Coverdogs shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Coverdogs Services.
Please note, if you withdraw your consent at any time, you must stop using Coverdogs services. You must be at least 13 years old to create a social network account within the Coverdogs app, but you can be younger to use Coverdogs. For users residing in the European Union, please note you can only create an account if you are over the age of 16. Otherwise, you must receive explicit consent from a parental guardian in order to create an account.
You have the right to either give consent or decline consent to our terms and policies. Please note by declining consent, you will not be able to use Coverdogs. Please note that revoking your consent will require discontinuing use of the app at this time.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE COVERDOGS SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE COVERDOGS SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COVERDOGS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COVERDOGS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE COVERDOGS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE COVERDOGS SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COVERDOGS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COVERDOGS SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COVERDOGS SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COVERDOGS OR THROUGH OR FROM THE COVERDOGS SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN, PHONE SCREEN, OR WHILE USING THE COVERDOGS SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE COVERDOGS SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE COVERDOGS SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE COVERDOGS SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COVERDOGS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COVERDOGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE COVERDOGS SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COVERDOGS SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE COVERDOGS SERVICE.
NO THIRD-PARTY BENEFICIARIES
You agree that there shall be no third-party beneficiaries to this agreement.
Coverdogs may provide you with notices, including those regarding changes to the TOS, including, but not limited to, email, regular mail, postings on the Coverdogs Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Coverdogs Services in an unauthorized manner. Your agreement to this Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Coverdogs Services in an authorized manner.
You agree that all of Coverdogs' trademarks, trade names, service marks and other Coverdogs logos, templates, and brand features, and product and service names are trademarks and the property of Tasty Work, LLC (the "Coverdogs Marks"). Without prior permission, you agree not to display or use the Coverdogs Marks, in any manner.
NOTICE AND PRORE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Coverdogs respects the intellectual property of others, and we ask our users to do the same. Coverdogs may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
Please report any violations of the Terms of Service to us.
Last updated: Sept 2022