These Terms of Service (the “Terms”) govern the iDogCam Digital Display service. “Company” means Connectivity Networks, which provides the Service under the iDogCam name. “Customer” means the business that signs up a location for the Service. By signing up a location for the Service, Customer agrees to these Terms.
1. Description of Service
Company provides a digital display service (the “Service”) that assembles content published by or on behalf of Customer — for example content feeds from Customer’s website or content-management system, content supplied by Customer’s brand or franchisor, and the images, videos, camera views and messages Customer adds through the iDogCam customer portal — formats that content into a display layout, and makes the formatted display available through a browser-accessible URL or a television app for viewing on a smart television or similar device.
The Service does not include hosting or managing Customer’s website or content systems, creating or editing Customer’s pricing or promotional content, verifying the accuracy of any content, or providing television hardware or internet connectivity.
2. Customer Content and Responsibility
Customer is solely responsible for all content displayed through the Service, including pricing, promotional information, calendar entries, event listings, images, videos and messages, whether it is published on Customer’s website, supplied by Customer’s brand or franchisor, or added through the portal (together, “Customer Content”).
Company does not access, edit, modify, monitor or verify Customer Content. Company is not responsible for errors that originate in Customer’s content sources, including formatting issues, inaccuracies or outdated information. Customer, together with any party that publishes content on Customer’s behalf, is responsible for keeping those content sources accessible, properly formatted and legally compliant.
3. No Content Control or Editorial Responsibility
Company acts solely as a passive technology intermediary and does not exercise editorial control over Customer Content. All content displayed through the Service is deemed Customer Content and remains solely the responsibility of Customer or the party that published it on Customer’s behalf.
4. Intellectual Property
Customer retains all ownership rights in Customer Content. Customer grants Company a limited, non-exclusive, revocable license to retrieve, store, format and display Customer Content solely for the purpose of providing the Service.
All software, aggregation systems, display formatting and rendering logic remain the exclusive property of Company. Customer receives no ownership rights in Company technology.
5. Pricing and Payment Terms
The Service is provided at a rate of $10.00 per month for each location or account that uses the Service.
Service fees renew automatically each month from the date the Service is first activated and used. Customer authorizes Company to charge the applicable monthly fee to the payment method Customer provides.
Fees are non-refundable once a billing period has begun. Company may suspend or terminate access to the Service for non-payment.
6. Service Availability
The Service depends on the availability of Customer’s content sources, Customer’s internet connection, and the compatibility of Customer’s television or browser. Company does not guarantee uninterrupted availability and may perform maintenance or updates from time to time.
7. Hardware and Connectivity
Company does not provide or guarantee smart television hardware, internet service, browser compatibility or network infrastructure. Customer is responsible for ensuring suitable hardware and connectivity.
8. Content Formatting
Company is not responsible for display errors or layout distortions that result from changes to the structure, format or availability of Customer’s content sources.
9. Content Backup
Company does not keep archival or backup copies of Customer Content. Customer is solely responsible for maintaining backups of all content it publishes or uploads.
10. No Consumer Reliance
The display provided through the Service is intended for informational purposes only. End users and consumers should verify pricing, availability and other details directly with Customer’s staff. Company is not responsible for any reliance on displayed information.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Limitation of Liability
To the maximum extent permitted by law, Company shall not be liable for incorrect pricing, outdated promotions, regulatory violations, lost revenue, business interruption, or indirect, incidental, consequential or punitive damages.
Company’s total liability shall not exceed the total fees paid by Customer in the twelve (12) months preceding the claim.
13. Indemnification
Customer agrees to indemnify and hold harmless Company from claims arising out of Customer Content, pricing inaccuracies, regulatory violations, or intellectual property infringement in Customer’s materials.
14. California-Specific Provisions
These Terms are governed by the laws of the State of California.
To the fullest extent permitted by California law, Customer waives California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release.”
Customer agrees that any disputes shall be brought exclusively in state or federal courts located in California, and Customer consents to personal jurisdiction in such courts.