TERMS AND CONDITIONS OF USE
MadisonSD.com (the "Site(s)") are online information services provided by Bulldog Media Group
subject to your compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE SITE. Bulldog Media Group MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED OR REPEATED ACCESS OR USE OF THE SITE SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses, Idea Submissions and Trademarks.
The entire contents of the Site are protected by all applicable copyright and trademark
laws. The owner of the copyrights and trademarks is Bulldog Media Group, its affiliates,
successors, beneficiaries, or other third party licensors. YOU MAY NOT COPY, MODIFY,
REPRODUCE, REPUBLISH, POST, UPLOAD, OR DISTRIBUTE OR TRANSMIT, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may only
print and download portions of material from the different areas of the Site solely
for your own non-commercial use on the condition that you agree not to change or
delete any copyright or proprietary notices from the site(s). You agree to grant
to Bulldog Media Group a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to reproduce, distribute, transmit, sub-license, create derivative
works of, publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to Bulldog Media Group by all means and in any
media now known or hereafter developed. You also grant to Bulldog Media Group the right
to use your name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against Bulldog Media Group
for any alleged or actual infringement or misappropriation of any proprietary right
in your communications to Bulldog Media Group. Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks or servicemarks of
Bulldog Media Group. Other product and company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site and Disclaimer of all Warranties.
You understand that, except for information, products or services clearly identified
as being supplied by Bulldog Media Group sites, Bulldog Media Group does not operate,
control or endorse any information, products or services on the Internet in any
way. Except for sites mentioned above, identified information, products or services,
all information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with Bulldog Media Group
or sites. You also understand that Bulldog Media Group cannot and does not guarantee
or warrant that files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
Bulldog Media Group PROVIDES THE SITE(S) AND RELATED INFORMATION "AS IS" AND DOES NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND Bulldog Media Group SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. Bulldog Media Group DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS.
Bulldog Media Group HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
Bulldog Media Group makes no representations whatsoever about any other web site which
you may access through this one or which may link to this Site. When you access
a non-Bulldog Media Group web site(s), please understand that it is independent from
Bulldog Media Group, and that Bulldog Media Group has no control over the content on that
web site. In addition, a link to a Bulldog Media Group web site does not mean that
Bulldog Media Group endorses or accepts any responsibility for the content, or the
use, of such web site.
3. LIMITATION OF LIABILITY.
IN NO EVENT WILL Bulldog Media Group BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF MadisonSD.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SITE(S). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, MadisonSD.com LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Bulldog Media Group, its affiliates,
successors, joint venturers, partners, officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement (including but not limited to negligent or
wrongful conduct) by you or any other person accessing the Service.
5. Third Party Rights.
The provisions of paragraphs 2 (Use of the Site and Disclaimer of all Warranties), and 4 (Indemnification) are
for the benefit of Bulldog Media Group and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
6. Term; Termination.
This Agreement may be terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses, Idea Submissions and Trademarks),
2 (Use of the Site and Disclaimer of all Warranties), 4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous)
shall survive termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of
United States of America applicable to agreements made and to be performed in United
States of America. You agree that any legal action or proceeding between Bulldog Media Group
and you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in the State of South Dakota, United States of America Any
cause of action or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim or cause
of action is barred. Bulldog Media Group’s failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this Agreement. Bulldog Media Group
may assign its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights of Bulldog Media Group not expressly granted herein are reserved.
PO Box 463
114 N Egan Avenue
Madison, SD 57042
Effective as of October 26, 2009