Terms and Conditions for DobermanPlanet.com

Introduction

These Terms and Conditions written on this webpage shall manage your use of our website, Doberman Planet accessible at https://www.DobermanPlanet.com, videos content contained therein, and the video content located on our YouTube channel, Doberman Planet accessible at https://www.youtube.com/dobermanplanet.

These Terms will be applied fully and affect your use of this Website and our YouTube channel. By using this Website or viewing our content on YouTube, you agreed to accept all terms and conditions written here. You must not use this Website or our content on YouTube if you disagree with any of these Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website or view our content on YouTube.

For the sake of these terms and conditions, the terms “Doberman Planet” and “DobermanPlanet.com” will refer to the same entity, which is Doberman Planet LLC.

Purpose

This website and our YouTube channel are areas where DobermanPlanet.com, its owners, visitors, and its collaborators can share information, stories, experiences, and research with Doberman owners worldwide. We are dog trainers. We are not veterinarians and generally have no medical training. However, at times we may collaborate with credentialed partners who do have professional qualifications. These instances will be cited in any content where their expertise are utilized. If there is no mention of a collaborating expert on a piece of content on our site, you should assume the content contains our opinions and are for entertainment purposes only.

The general information provided by Doberman Planet on this website, the associated YouTube channel, private coaching services, and via other means are not a substitute for the diagnosis, prognosis, treatment, prescription, or formal and individualized advice of a veterinary medical professional, professional dog trainer familiar with your specific circumstances, or other qualified professional. Always seek the advice of a veterinarian or other qualified professional with any questions you may have regarding your pet’s symptoms or possible medical condition. Never disregard professional advice or delay in seeking it because of something you have read on this Website or seen in our videos. Animals exhibiting signs or symptoms of distress should be seen by a veterinarian immediately.

We are not veterinarians, canine behaviorists, or canine nutritionists. We do not offer professional advice on this site or our YouTube channel. The information contained on this site and our YouTube channel is for educational purposes only. You are solely responsible for any actions you take, or omit, even if it’s due to the information you obtained from this site or saw in one of our videos.

By using this website or viewing our content on YouTube, you agree that you will not hold Doberman Planet, its owners, or contributors responsible for actions you take, or fail to take, as a result of the information provided on this website.

Intellectual Property Rights

Other than the content you own, under these Terms, DobermanPlanet.com and/or its licensors own all the intellectual property rights and materials contained in this Website and our YouTube channel.

You are granted limited license only for purposes of viewing the material contained on this Website and our YouTube channel.

To the best of our knowledge, any materials or intellectual property presented here or on our YouTube channel are original and do not infringe upon the intellectual property rights of others. If you believe that something we’ve presented is infringing on the intellectual property rights of another person or entity, please contact us at [email protected].

Fair Use

This website and our YouTube channel occasionally uses media under the Fair Use Doctrine (17 U.S.C. § 107). Neither DobermanPlanet.com nor its owner(s) claim ownership of media used in this way and it is displayed strictly under the guidelines and established case law relating to the Fair Use Doctrine.

Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research.

Fair use is a use permitted by copyright statute that might otherwise be infringing.

Fair use is a doctrine in the United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website or YouTube material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website or YouTube material;
  • publicly performing and/or showing any Website or YouTube material, execpt as authorized through YouTube’s Terms of Service;
  • using this Website or our YouTube channel in any way that is or may be damaging to Doberman Planet;
  • using this Website or our YouTube channel in any way that impacts user access to these resources;
  • using this Website or our YouTube channel contrary to applicable laws and regulations, or in any way may cause harm to the Website, our YouTube channel, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website or our YouTube channel;
  • using this Website or our YouTube channel to engage in any advertising or marketing without express permission.

Certain areas of this Website and our YouTube channel are restricted from being accessed by you and DobermanPlanet.com may further restrict access by you to any areas of this Website or our YouTube channel, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website or on our YouTube channel. By displaying Your Content, you grant DobermanPlanet.com a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. DobermanPlanet.com reserves the right to remove any of Your Content from this Website or our YouTube channel at any time without notice.

Your Content which you submit to Doberman Planet is additionally subject to our Terms of Submission.

No Warranties

This Website and the content on our YouTube channel is provided “as is,” with all faults, and DobermanPlanet.com expresses no representations or warranties, of any kind related to this Website, our YouTube channel, or the materials contained on these platforms. Also, nothing contained on this Website or on our YouTube channel shall be interpreted as advising you.

The information provided to you on our site, our YouTube channel, and through our coaching services is for informational and educational purposes only. Putting anything into practice that you learn through these mediums are done so entirely and exclusively at your own risk and is subject to the Indemnification Clause in this agreement.

Affiliate Relationships

Doberman Planet earns from qualifying purchases made on our website and our YouTube channel. If you make a purchase through links on this site or our YouTube videos, we may get a small share of the sale from Amazon, Clickbank, ShareASale, Embark, Impact, Ollie, Partnerize, Chewy, and other similar affiliate programs.

The fee Doberman Planet earns for referring traffic to these affiliate programs occurs at no cost to you. These programs use a “cookie” to track your activity and provide credit to Doberman Planet for the referral. To learn more about our policy and how cookies are used on this site, see our privacy policy.

Limitation of Liability

In no event shall DobermanPlanet.com, nor any of its owners, officers, directors, and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website or our YouTube channel whether such liability is under contract.  DobermanPlanet.com, including its owners, officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website, our YouTube channel, or the information contained therein.

Indemnification

You hereby agree to defend, indemnify and hold Doberman Planet LLC, its officers, employees, independent contractors, owners, and others with interest in this company (hereby referred to as “Owner” for the sake of this section), harmless from and against any and all claims, actions, damages, expenses (including reasonable attorneys’ fees), losses or liabilities incurred by or asserted against Owner or any of its Indemnitees for injury (including death) to persons, damage or destruction to property, or in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Pricing

All prices are subject to change without notice and are not guaranteed, except for prices on products or services ordered which have already been accepted by DobermanPlanet.com. Prices stated do not include any sales, use, or excise tax or any other tax, duty, or charge which is now in effect or may be hereafter imposed by any Federal, State, or other authority. All such taxes, duties, or other charges shall be paid by the customer.

Variation of Terms

DobermanPlanet.com is permitted to revise these Terms at any time as it sees fit, and by using this Website or the content on our YouTube channel, you are expected to review these Terms on a regular basis.

Assignment

Doberman Planet is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Private Coaching Services

For the sake of this section, “private coaching”, “coaching services”, “consulting”, and “coaching” will refer to the same services which can be found at www.dobermanplanet.com/coaching. A “Coach” is the person or persons associated with Doberman Planet who you consult with during your coaching call or who creates your coaching video.

Doberman Planet offers two types of coaching services. “Live Coaching Sessions” (also referred to as “Coaching Calls”) and “Custom Coaching Videos” (also referred to as “Coaching Videos”).

Our private coaching services are a chance for you to receive the opinions and input of a coach who has a different set of experiences from you with the Doberman breed. The opinions expressed in the coaching services you receive are the opinions of your individual coach and not necessarily those of Doberman Planet.

The advice, opinions, and recommendations made by your coach should be considered “a second opinion” on your situation only, and not as expert advice.

Any implementations of the techniques or approaches discussed during your coaching or other communication with your coach are done so at your own risk. By purchasing one of our private coaching packages, you agree not to hold Doberman Planet, its employees, coaches, or owners liable for any damages that are the result of actions you take or omit during or after your coaching, even if it’s at the advice of your coach. Due to limitations in internet communication and the limited time and means your coach has to get to know your specific situation, it’s simply not possible for your coach to know all variables involved. You agree that you are solely responsible for the actions you take as a result of the coaching services you receive from us.

By booking any coaching services with us found at www.DobermanPlanet.com/coaching, the customer agrees that the content of a coaching package you purchase is fully owned by Doberman Planet and the exclusive rights of the content of the call or coaching video are those of Doberman Planet. In the case of coaching videos, upon receiving a copy of the coaching video, you are being granted an indefinite license to own and view the video privately. Public distribution or publication of that video is expressly prohibited. Additionally, the customer agrees that Doberman Planet may publicly discuss details of their individual coaching call or coaching video assuming that identifying information of the customer in question is not released or associated with those details.

Live coaching sessions may not be recorded or distributed in any way without the express written, or otherwise documented, permission of a Doberman Planet representative and the involved coach.

Distribution of recordings made of a live coaching session or of your custom coaching video is also forbidden without the express written, or otherwise documented, permission of a Doberman Planet representative and the involved coach.

Any feedback provided to Doberman Planet in our “Coaching Call Feedback” form is not considered to be private and may be used publicly for marketing purposes by Doberman Planet if permission for this is indicated on the form by the customer via the associated checkbox. Information that may be made public as a result includes basic identifying information of the client such as the client’s first name, last name, and general location (not to include personal street addresses or contact information).

Doberman Planet may record coaching calls for quality assurance or training purposes. However, Doberman Planet will not distribute recordings of private coaching calls publicly without permission being obtained from the customer.

Doberman Planet will also not distribute coaching videos publicly without permission being obtained from the customer.

Coaching calls and coaching videos are considered copyrighted material and any unauthorized distribution of coaching call recordings will constitute copyright infringement under §512 of the U.S. Copyright Law and will be pursued to the full extent of the law including, but not limited to, recovery of all monetary damages.

TIMEFRAMES: The pre-call questionnaire form must be completed within 14 days of purchase of any of our coaching packages and any purchased live coaching sessions must be completed within 30 days of purchase. Unfortunately, we cannot “delay” completing your order beyond our normal turnaround times at any point in the process at the customer’s request. Instead, please refrain from purchasing our services until they are needed.

Time Limits

  • You have 14-days from the time of your order to complete the pre-call questionnaire form you are redirected to after purchase.
  • If purchasing a Live Coaching Session, you have 14-days from the time your completed pre-call questionnaire form is received to confirm a time in which you’re available for your coaching call.
  • For Live Coaching Sessions, we may refuse to schedule your call more than 30 days out from the time your completed pre-call questionnaire is received by us.

If any of these time limits are exceeded, you will forfeit your coaching session and will be issued a refund. We may choose to decline to book future coaching services with you.

Issues Addressed

  • For Live Coaching Sessions, we will address as many issues as possible during the allotted time of your live coaching call.
  • For Custom Coaching Videos, we will assist with a maximum of two issues with your dog.

We may decline to perform coaching services with clients in especially high-risk situations, as determined by us. In these cases, we will provide recommendations on what types of professional advice you should seek for your specific situation. We reserve the right to refuse service to any person for any reason.

COVID-19 Disclaimer

Coaching clients often choose to gather in small groups while receiving coaching services. While participating in coaching services performed by Doberman Planet, consistent with CDC guidelines, participants are encouraged to practice hand hygiene, “social distancing” and wear face coverings to reduce the risks of exposure to COVID-19.

Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, Doberman Planet has put in place preventative measures to reduce the spread of COVID-19. However, Doberman Planet cannot guarantee that its participants, volunteers, partners, coaching call clients, or others in attendance for coaching services will not become infected with COVID-19.

You acknowledge and understand the following:

  1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
  2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of Doberman Planet LLC, its officers, employees, independent contractors, owners, or others with interest in this company (hereby referred to as “Owner” for the sake of this section); and
  3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of Owner.

Notices of Changes or Cancellations

All notices of changes or cancellations of this service will be done in writing to [email protected].

Safety Is Your Responsibility

The safety of any given situation with your dog is entirely under the control of you, the dog’s owner. Therefore you are solely responsible for the safety of your dog and those around your dog. You agree not to hold Doberman Planet LLC responsible in any way for actions you take, or omit, involving the safety of your dog and those around your dog, even if it’s at the advice of your coach. This is subject to the Indemnification Clause of these Terms and Conditions.

By purchasing a coaching service through Doberman Planet, you affirm that you have read and agreed to the entirety of the terms and conditions located on this page, as well as our refund policy.

Results Are Not Guaranteed

Training a dog takes hard work, time, skill, and dedication on the part of the owner. Results are never guaranteed.

Entire Agreement

These Terms, in conjunction with our Refund Policy, constitute the entire agreement between Doberman Planet and you in relation to your use of this Website and its services, and or our YouTube channel. This agreement supersedes all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of California, United States and you submit to the exclusive jurisdiction of the state and federal courts closest to Sonoma County, California, United States for the resolution of any disputes.

The courts of the State of California have exclusive jurisdiction to settle any dispute arising out of or in connection with this agreement, including a dispute relating to the existence, validity or termination of this agreement or any non-contractual obligation arising out of or in connection with this agreement (a “DISPUTE” or “DISPUTES”).

You hereby agree that the state and federal courts located closest to Sonoma County, California, in the United States of America are the most appropriate and convenient courts to settle DISPUTES, and accordingly, no party will argue to the contrary.

Complaints and Retractions

If you find material published on this website on our YouTube channel that you believe is of any concern including, but not limited to, material that is inaccurate or misleading, defamatory, published without necessary licenses or consent, or infringing upon the rights of another, please contact us at [email protected]. Complaints will be addressed on a case-by-case basis.