1.2 Your attention is drawn to the limitations of liability provision at paragraph 11 of these Terms.
1.3 The Website are made available to you by Puppy Pride Limited. Puppy Pride Limited is a company registered in England and Wales (registered no. 08610985) whose registered office is at 3 Kendal Close, London SW9 6EW, United Kingdom. In these Terms, we use the expressions “we”, “us” and “Puppy Pride” to refer to Puppy Pride Limited and we use the term “you” to refer to any person accessing, browsing or otherwise using the Website, applications and software provided through or in connection with the Website, including through a mobile device or application.
1.4 If you have any questions about the Website, or if you would like to speak to us for any other reason, please contact us using one of the following means:
(a) email us at: [email protected]
(b) write to us: at Puppy Pride Limited, 12 Balgores Square, Gidea Park, Romford, Essex, RM2 6AU.
The Puppy Pride Website is a social networking platform for people into puppy play and other forms of pet play. The Website is not a dating site.
1.5 To visit the Website you must be aged 18 or over.
1.6 By accessing, browsing or otherwise using the Website, applications and software provided through or in connection with the Website, including through a mobile device or application, you warrant to us that you are aged 18 or over.
1.7 When you use the Website you undertake:
(a) to use the Website only for authorised and lawful purposes and not in any way which is contrary to applicable local laws;
(b) if you register an account through the Website, to keep your registered username and password details secure, not to allow any third party to use them and to promptly notify us if you lose your account details or if you become aware that any third party is making unauthorised use of your account;
(c) not to access the Website using the account details of another person without their express permission;
(d) to promptly notify us if you learn of any unauthorised users or any users violating these Terms;
(e) not to use the Website in a way that infringes the rights of any other person or restricts or inhibits any other person’s use and enjoyment of the Website;
(f) not to post any material onto the Website which is unlawful, offensive, threatening, libellous, defamatory, obscene, pornographic or which infringes any third party rights (such as third party intellectual property rights) anywhere in the world;
(g) not to use the Website to arrange or procure the arrangement of any transaction whereby any sexual act is performed for money or money’s worth; and
(h) not to copy, modify or redistribute the Website or link to or frame the Website from any other website unless you have our prior written consent to do so.
1.8 When you use the Website you agree:
(a) by providing your e-mail address, to Puppy Pride sending you service related notices, including any notices required by law. We may also use your e-mail address to send you other information including details of changes to the Website and special offers. You may opt out of these notices by sending an e-mail to [email protected] entitled “Opt-Out”; and
1.9 You agree to indemnify Puppy Pride against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
(a) any breach by you of any of your obligations set above; or
(b) any other breach by you of these Terms.
1.10 In providing you with access to the Website, we reserve the following rights, and in accessing, browsing or otherwise using the Website you grant to us and agree that we shall have the following rights:
(a) the right to refuse or withdraw your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in Puppy Pride’s sole and absolute discretion you violate or breach any of these Terms, including without limitation the following:
(b) the right to amend or update the Website, fees, billing methods or these Terms from time to time;
(c) the right without notice to remove content, materials or user accounts for any reason whatsoever in our sole and absolute discretion, including without limitation content and materials which are unlawful, offensive, threatening, libellous, defamatory, obscene or which infringe third party rights, and user accounts used to propagate any such content or materials;
(d) the right to access any or all of your accounts in order to respond to your requests for technical support so long as we maintain appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of your data; and
(e) the right to terminate without notice free user accounts and delete any associated data if that account has been inactive or disabled for ninety (90) days or more.
1.11 The Website is currently available without charge. However, we may in the future decide to introduce subscription versions. In respect of any subscription version of the Website, a fee (the “Recurring Fee”) shall be payable in advance on a monthly, quarterly, six monthly or annual basis.
1.12 You agree to the following:
(a) you shall be solely responsible for promptly providing any contact or billing information changes or updates (including phone number, email address, credit card numbers) using the online facility provided in the Website;
(b) you agree to pay all fees in respect of us providing access to the Website in advance as well as any chargeable products ordered through the Website and hereby provides Puppy Pride with express irrevocable authorisation to charge you or your payment provider monthly, quarterly, six monthly or annual (as applicable) in advance in relation to fees payable in respect of us providing the Website and at the time of purchase of any chargeable product. You will also pay all applicable taxes related to the Recurring Fee;
(c) you shall notify Puppy Pride of any billing problems or discrepancies within 90 days of the charges appearing on their account. If such billing problems or discrepancies are not brought to Puppy Pride’s attention within such period, you shall be deemed to have waived the right to dispute such problems or discrepancies; and
(d) For the purposes of this paragraph 7.3(d), “Renewal Date” shall mean the first date of the next billing cycle. You may cancel your subscription by giving Puppy Pride one month’s written notice (which notice shall be given by e-mailing [email protected] no less than three (3) days prior to the Renewal Date). Cancellation shall occur on the first Renewal Date falling after the expiration of the notice period detailed above. All cancellation requests will be processed within five (5) working days and will be confirmed to you via e-mail.
(a) charge you an additional reasonable fee to cover the cost of any payment correctly requested by us which failed or was rejected due to you not having provided us with any changes or updates to his contact or billing information, or there being insufficient funds to make the due payment; and
(b) immediately without notice cease to provide the Website to you where any payment has not been paid by the due date. You shall be responsible for any losses (including attorney fees, court costs or other costs) incurred by Puppy Pride in collecting payment of delinquent undisputed amounts.
1.14 All Recurring Fees and other amounts paid or duly payable to Puppy Pride shall be non-refundable.
1.15 You shall make all payments under these Terms without withholding or deduction of, or in respect of, any tax unless required by law. If any such withholding or deduction is required, you shall, when making the payment to which the withholding or deduction relates, pay to us such additional amount as will ensure that we receive the same total amount that we would have received if no such withholding or deduction had been required.
Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information and User Content from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and User Content at your own risk.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, non-transferrable, limited, personal license to use the software (in object code format only) supplied as part of the Website, including without limitation any desktop notification software or software installed on mobile devices. Puppy Pride Limited reserves all rights not expressly granted herein and may terminate this license at any time without reason.
1.16 All Intellectual Property Rights existing in or relating to the Website are owned by or licensed to Puppy Pride Limited. For the purposes of this paragraph “Intellectual Property Rights” means copyright, trade marks, design rights, database rights, copyrights, photographs, audio, videos, music, patents and other intellectual property rights, whether or not registered rights, as well as the right to apply for any such registrable rights.
1.17 If and to the extent that any Intellectual Property Rights in the Website vest in you (whether by operation of law or otherwise), you hereby undertake to hold such Intellectual Property Rights in trust for us and to immediately on request assign those rights back to us with full title guarantee.
1.18 You agree and undertake not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publically display, publically perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Website, excluding any User Content.
1.19 You have no right (and shall not permit) any third party to translate, copy, adapt, reverse engineer, decompile, disassemble, modify, make derivative works of, adapt or make error corrections to any software supplied as part of the Website in whole or in part. This restriction shall not apply to the extent that you cannot be prohibited from doing such acts under applicable law.
1.20 You agree that any ideas, comments or improvements you suggest to the Website are gratuitous, unsolicited and without restriction. Puppy Pride is free to disclose and/or use such ideas publicly and is under no obligation to provide compensation to you.
Limitations of liability
1.21 WHILST WE USE REASONABLE SKILL AND CARE TO MAKE THE WEBSITE AVAILABLE TO YOU, WE CANNOT GUARANTEE THAT IT WILL BE PROVIDED ON A CONTINUOUS, FAULT-FREE BASIS.
1.22 WE DO NOT MAKE OR GIVE ANY REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS (COLLECTIVELY, “PROMISES“) IN RELATION TO THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION THOSE FOR FITNESS FOR PURPOSE, SUITABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR SPYWARE OR RELIABILITY OF THE WEBSITE.
1.23 IN ADDITION, WE EXCLUDE ALL LIABILITY FOR LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA AND ANY AND ALL CONSEQUENTIAL, SPECIAL AND/OR INDIRECT LOSSES (REGARDLESS OF WHETHER OR NOT WE WERE MADE AWARE OF THE POSSIBILITY OF SUCH LOSSES).
1.24 YOU ACKNOWLEDGE AND AGREE THAT MEETING UP WITH ANY PERSON FROM THE WEBSITE AND/OR PROVIDING ANY SUCH PERSON WITH CONTACT OR OTHER INFORMATION ABOUT YOU MAY PUT YOU AT RISK OF THEFT, FRAUD OF PERSONAL INJURY. WE EXCLUDE ALL LIABILITY FOR YOUR USE OF THE WEBSITE AND IN PARTICULAR FOR ANY HARM THAT MAY COME TO YOU ARISING FROM YOU MEETING UP WITH OR PROVIDING CONTACT OR OTHER INFORMATION TO ANY USER OF THE WEBSITE. BEFORE MEETING ANY USER YOU ARE STRONGLY ADVISED TO INFORM A FRIEND WHERE YOU INTEND TO MEET HIM OR HER, AT WHAT TIME AND TO AGREE A WAY OF COMMUNICATING WITH YOUR FRIEND IF SOMETHING GOES WRONG.
1.25 NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS 11.1, 11.2 AND 11.3, IF AND TO THE EXTENT THAT WE ARE LIABLE FOR ANY AMOUNTS TO YOU UNDER APPLICABLE LAW ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOU AGREE THAT WE SHALL BE LIABLE ONLY FOR SUCH AMOUNTS AS WERE REASONABLY FORESEEABLE AT THE TIME THAT YOU SUFFERED HARM. IN ANY EVENT OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNT OF ANY FEES PAID TO US DURING THE PREVIOUS BILLING PERIOD.
1.26 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LOSS AND, WHERE THIS IS THE CASE, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, NOTHING IN THESE TERMS SHALL EXCLUDE OR OTHERWISE LIMIT OUR LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR ANY OTHER LIABILITY THE EXCLUSION OR LIMITATION OF WHICH IS NOT PERMITTED BY APPLICABLE LAW.
The Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website or application which is linked from or to the Website, or any use of your personal data by such third parties. You acknowledge and agree that you will be bound by the terms and conditions of any third party website or application you visit and that you will not hold us liable for any liability arising from your use of such third party sites, content, dealings and advertisements or promotions. You acknowledge and agree that Puppy Pride will not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
We may amend these Terms from time to time for legal, business or other operational reasons by giving 1 month’s notice (the “Change Period”) either by publishing a notice on the Website or by sending you an email. Continued use of the Website after the expiry of the Change Period by you shall be deemed to be acceptance of the amended version of these Terms. We recommend that you check the Website regularly to keep informed of any changes to these Terms. We also recommend that you print and keep a copy of these Terms for your records. These Terms were last updated on: 18 March 2012.
1.27 If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
1.28 If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
1.29 Only you and us shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
1.30 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute either of you and us the agent of the other, nor authorise either of you and us to make or enter into any commitments for or on behalf of the other.
1.31 These Terms and any rights, licenses and obligations granted hereunder may not be transferred or assigned by you but may be assigned by Puppy Pride without restriction.
1.32 These Terms constitute the entire agreement between you and us and supersede and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
1.33 You agree that you shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms. You shall not have any claim for innocent or negligent misrepresentation based upon any statement in these Terms.
1.34 We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed, provided that if the period of delay or non-performance continues for 8 weeks, you may terminate this agreement by giving 14 days' written notice to us.
1.35 Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms by you. Accordingly, we shall be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms.