AWESOME DOG LTD
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These terms tell you the rules for using our website www.awesomedog.com (our site).
1 WHO WE ARE AND HOW TO CONTACT US
2 ACCEPTANCE OF TERMS
3 OTHER APPLICABLE TERMS
3.2 If you purchase digital products from our site, our Terms and Conditions for the Sale of Digital Products https://awesomedog.com/pages/terms-and-conditions-of-sale will apply to these purchases.
3.3 All Digital Products purchased from our site may be used under the terms of our Product EULA. https://awesomedog.com/pages/eula
4 CHANGES TO THESE TERMS AND OUR SITE
4.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Please check these terms regularly to find out when they were last updated.
4.2 We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.
4.3 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
5.1 We may transfer our rights and obligations under these terms to another organisation. We will inform you by updating these terms if this happens.
6 ACCOUNT SECURITY
6.1 If you choose, or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, the digital product sales process or your use of our forums, you must treat such information as confidential. You must not disclose it to any third party.
6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. This includes all documents, specifications, tutorials and product demo videos. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
7.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
7.7 If you have any questions or concerns regarding any materials featured on our site, please contact email@example.com to discuss this with us.
8 DO NOT RELY ON INFORMATION ON THIS SITE
8.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
8.2 Before taking any decision to place an order for any of products we strongly recommend that you review all specifications, documents and other materials to ensure that the product will meet your requirements. You should also consider whether you have the necessary skill, knowledge and experience to re-format and re-target the products.
8.3 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
9 WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
9.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and well shall not be liable in respect of them.
10 USER-GENERATED CONTENT AND INTERACTIVE SERVICES
10.1 This website may include information and materials uploaded by other users of the site, including to forums and other interactive services. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
10.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
10.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
10.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
10.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
10.6 If you wish to complain about content uploaded by other users, please contact us at firstname.lastname@example.org.
11 UPLOADING CONTENT TO OUR SITE
11.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
11.3 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described at clause 16 below.
11.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
11.6 You are solely responsible for securing and backing up your content.
12 CONTENT STANDARDS
12.1 These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
12.2 These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
12.3 Awesome Dog Limited will determine, in its discretion, whether a Contribution breaches these content standards.
12.4 A Contribution must:
12.4.1 be accurate (where it states facts);
12.4.2 be genuinely held (where it states opinions); and
12.4.3 comply with the laws applicable in England and in any country from which it is posted.
12.5 A Contribution must not:
12.5.1 be defamatory of any person;
12.5.2 be obscene, offensive, hateful or inflammatory;
12.5.3 bully, insult, intimidate or humiliate;
12.5.4 promote or include sexually explicit or sexually abusive material;
12.5.5 promote violence;
12.5.6 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
12.5.7 infringe any copyright, database right or trade mark of any other person;
12.5.8 be likely to deceive any person;
12.5.9 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
12.5.10 promote any illegal activity;
12.5.11 be in contempt of court;
12.5.12 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
12.5.13 be likely to harass, upset, embarrass, alarm or annoy any other person;
12.5.14 impersonate any person, or misrepresent your identity or affiliation with any person;
12.5.15 give the impression that the Contribution emanates from Awesome Dog Limited, if this is not the case;
12.5.16 advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
12.5.17 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
12.5.18 contain any advertising or promote any services or web links to other sites.
13 PROHIBITED USES
13.1 You may use our site only for lawful purposes. You may not use our site:
13.1.1 in any way that breaches any applicable local, national or international law or regulation;
13.1.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
13.1.3 in any way which infringes the intellectual property rights of any third party;
13.1.4 for the purpose of harming or attempting to harm minors in any way;
13.1.5 to bully, insult, intimidate or humiliate any person;
13.1.7 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
13.1.8 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
13.2 You also agree:
13.2.2 not to access without authority, interfere with, damage or disrupt:
126.96.36.199 any part of our site;
188.8.131.52 any equipment or network on which our site is stored;
184.108.40.206 any software used in the provision of our site; or
220.127.116.11 any equipment or network or software owned or used by any third party.
14 BREACHES OF THESE TERMS
14.2.1 immediate, temporary or permanent withdrawal of your right to use our site.
14.2.2 immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
14.2.3 issue of a warning to you.
14.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
14.2.5 further legal action against you.
14.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
15 LIMITATION OF LIABILITY
15.1 Whether you are a consumer or a business user:
15.1.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
15.1.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any digital products to you, which are set out in our Terms and Conditions for the Sale of Digital Products.
15.2 If you are a business user:
15.2.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
15.2.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
18.104.22.168 use of, or inability to use, our site; or
22.214.171.124 use of or reliance on any content displayed on our site.
15.2.3 In particular, we will not be liable for:
126.96.36.199 loss of profits, sales, business, or revenue;
188.8.131.52 business interruption;
184.108.40.206 loss of anticipated savings;
220.127.116.11 loss of business opportunity, goodwill or reputation; or
18.104.22.168 any indirect or consequential loss or damage.
15.3 If you are a consumer user:
15.3.1 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3.2 If defective digital content that we have supplied, directly damages a device or digital content belonging to you and this is directly caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation or configuration instructions or to have in place the minimum system requirements advised by us.
16 HOW WE MAY USE YOUR PERSONAL INFORMATION
16.2 Rights you are giving us to use material you upload
16.3 When you upload or post content to our site, you grant to us a perpetual, worldwide, non-exclusive, royalty-fee, transferable licence to use, copy, reproduce, distribute, prepare derivate works of, display and perform that content in connection with our set and our products.
17 WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
17.1 We do not guarantee that our site will be secure or free from bugs or viruses.
17.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
17.3 You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
18 LINKING TO OUR SITE
18.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
18.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
18.3 You must not establish a link to our site in any website that is not owned by you.
18.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
18.5 We reserve the right to withdraw linking permission without notice.
18.7 If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com.
19 WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
(last updated 07/09/2020)