“DOG CITY” means the company Pawesome Tech Sàrl, incorporated in Switzerland, with its business address at Chemin des Coudriers 59, 1218 Le Grand-Saconnex, Switzerland.
“Force Majeure” means any circumstances beyond a Party’s reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure; accidents; labor disputes; acts of civil or military authority; governmental actions; and any other circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service;.
“Law” means any code, law, ordinance, regulation, reporting or licensing requirement, rule, or statute applicable to a person or its assets, liabilities, or business, including those promulgated, interpreted or enforced by any regulatory or judicial authority.
“Party”, “Parties” means any party to this TOU including any User and DOG CITY.
“User” means any user of the Service or the Platform.
2. ACCEPTANCE OF TERMS
2.3 DOG CITY’s platform can be found at , and also includes all of the subdomains, mobile applications, any other media, location, etc. owned, managed or operated by DOG CITY in connection with the Services. When referring to the various infrastructures in this TOU, they are collectively referred to as the “Platform”.
2.4 By using the Service on the Platform, the User agrees to comply with the TOU. In the event of disagreement with any term contained in this TOU, User shall disengage from and refrain from accessing the Platform in any manner. This TOU forms a binding contract concluded between the Parties, applicable from the first use of the Services or the Platform by the User.
PLEASE READ THIS DOCUMENT CAREFULLY
3. MODIFICATIONS TO THIS AGREEMENT
DOG CITY reserves the right, at its sole discretion, to change, modify or otherwise alter the terms of the TOU at any time. Such modifications shall become effective immediately upon the posting thereof on the Platform. It is the responsibility of the User to regularly check this TOU and the documents mentioned herein to keep track of any amendment or alteration made to such documents, in the corresponding section of the Platform.
4. NATURE OF PLATFORM AND RELATIONSHIP
4.1 DOG CITY acts as a mobile platform and allows Users to consult data and information related to canines and animals in general.
4.2 None of the professionals, entities, organizations, companies, associations, or privates mentioned or appearing on the Platform are employees of DOG CITY under any circumstances. DOG CITY is not a recruitment agency and is not an interim service and shall in no way be responsible or liable for any consequence resulting from the interaction between Users.
4.3 DOG CITY shall not be liable for any disputes, claims, losses, injuries, indemnities, fees or damage of any kind whatsoever that may arise out of any relationship formed through the Platform between Users, including but not limited to a User’s reliance upon any information provided by another User at any time through or outside from the Platform. DOG CITY is not a party to any agreement which such Users may enter into in private. If a User engages the services of another User through the Platform, all arrangements in such regard are solely between such concerned Users.
4.4 Subject to other provisions of this TOU, all Users shall assume full responsibility for the disclosure and use of any personal or professional information it chooses to disclose on the Platform.
5. GENERAL RESTRICTIONS
5.1 Age restriction: by using the Services, the User represents to be at least eighteen (18) years of age. In the event the User is below eighteen (18) years old, it declares having obtained its legal guardian’s permission prior to using the Platform.
5.2 Geographical restrictions: The Platform and the Service are currently only available to Users based in Europe. DOG CITY does not provide any assurance nor guarantee regarding its availability outside from the European geographical area. Any consequence caused by or related to the usage of or the access to the Platform and the Service shall be the User’s sole responsibility. User shall always comply with all Laws applicable to his geographical location.
5.3 Restriction of connectivity and equipment: under no circumstances does DOG CITY provide any internet connection to the User. The User shall have its own agreement with a telecommunication company or agency of its choice and DOG CITY shall not be held liable for any fees, charges, costs or penalty whatsoever so arising.
6.1 User Content
The User understands that all advertisements, postings, messages, text, files, images, photos, video, sounds, or any other materials whatsoever, posted on, transmitted through, or linked from the Service on the Platform by such User (altogether “Content”) are his/her sole responsibility. DOG CITY makes no representation or warranty as to the pertinence, accuracy, completeness, mercantile or authenticity of any such Content and shall not be responsible for any Content shared or uploaded on the Platform by any User. Users are entirely responsible for the Content that is posted, uploaded, emailed, shared or otherwise made available via the Service on the Platform.
Publications or posts made by DOG CITY on request of a User who gave its written or oral consent for DOG CITY to post such Content on the Platforms shall not constitute ground for imputation of any responsibility nor liability to DOG CITY towards such posted Content. The User shall remain fully liable and responsible to any Content it chooses to post on the Platform through whomever, whatever media or under whatever form.
User represents and warrants that the Content uploaded or shared on the Platform does not infringe upon anyone else’s copyright or intellectual property right and that he/she have secured, or obtained / received all necessary rights, licenses and permissions, as necessary, from any third party who may own the Content, prior to sharing or uploading such Content on the Platform.
Under no circumstances shall DOG CITY be liable in any way whatsoever for any Content or for any claims, penalties, fees, indemnities, loss or damage of any kind incurred as a result of or in connection with the use of any Content posted, uploaded, shared, emailed or otherwise made available via the Service by a User or third party.
User understands and accepts that DOG CITY is not under an obligation to pre-screen, filter or approve any Content, but that DOG CITY shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the TOU, or for any other reason.
6.2 DOG CITY Content
Subject to article 14, Content shared or uploaded by DOG CITY on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, remains the sole property of DOG CITY and may not be modified, reproduced, copied or reverse-engineered by any User or third party.
7. LICENSE TO USERS
7.1 DOG CITY grants User a limited, non-exclusive license to access and use DOG CITY’s Platform for its own personal and commercial purposes. This license is granted exclusively to such User and may not be assigned or sublicensed to any third party, without DOG CITY’s express prior written consent.
This license does not include:
access to the Service by posting agents; or
any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by DOG CITY.
7.2 Creation of a hyperlink on the User’s own website referring to the Platform is allowed, so long as the link does not portray DOG CITY, its employees, or its affiliates in a false, misleading, derogatory, or otherwise misrepresented or offensive manner.
7.3 Subject to article 13, use of the Service and the Platform beyond the scope of authorized access granted to the User by DOG CITY may lead to immediate termination of such license and closure of such User’s account without notice, at DOG CITY’s sole discretion.
8. THIRD PARTY CONTENT, COMMUNICATION, OFFERINGS, SITES, AND SERVICES
8.1 Content available through the Service on the Platform may contain features and functionalities that may link the User or provide him with access to third party contents which are completely independent of DOG CITY, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. DOG CITY does not make any representation or warranty about the quality, safety or legality of, any such content, the truth, accuracy or mercantile nature of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services.
8.2 Service on the Platform may include communication systems between the Users. DOG CITY is not responsible for these communications and its content and shall not have any liability in connection with them. DOG CITY assumes no responsibility for verifying such contents, and makes no representations or warranties regarding the identity or trustworthiness of the source of any such communications.
9.3 In the event of a dispute between Users of the Service, or between a User and any third party for any reason mentioned under this article 9, DOG CITY shall be under no obligation to become involved and the parties in litigation or dispute shall hereby indemnify, release and hold harmless DOG CITY, its officers, employees, agents and successors in rights from and for any claims, demands, penalties, indemnities and damages (actual and consequential) whatsoever, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
9. COPYRIGHT & TRADEMARK
9.1 Copyright and trademark violation
In the event DOG CITY has a good faith belief that any Content appearing on its Platform violates any copyrights, intellectual property rights, trademark or has been illegally copyrighted, DOG CITY reserves the right to, without prior notice:
remove, block, or otherwise delete part of, or the whole Content; and
remove any User in connection with the allegations or suspicion of violation from the Platform and Services.
9.2 Copyright violation: Claim
In the event a User believes that his/her work has been copied in a way that constitutes copyright infringement, such User can submit a claim by notifying DOG CITY’s agent (“Notice”) by email to the following addresses:
Pawesome Tech Sàrl
Chemin des Coudriers 57
The Notice for Copyright violation must include the following information and material:
A physical or electronic signature from the owner or a person authorized to act on behalf of the owner of which the copyright that has been allegedly infringed; and
the Identification of the copyrighted work claimed to have been infringed; and
the Identification of the material/works/Content that is claimed to be infringing that the User wants to see removed. This identification should include a location (URL) and other details sufficient to allow DOG CITY to find and review it on the Platform; and
the contact information of the copyright owner, including his/her address, telephone number, and email address; and
a statement under perjury that:
the above information and material submitted in the Notice are accurate, and
that the Notice sender is the owner of the copyright interest involved or that the Notice sender is authorized to act on behalf of that owner of which the copyright that has been allegedly infringed.
9.3 Trademark violation
The Notice for trademark violation must include the following information and material:
information describing the trademark or service mark allegedly infringed; and
the registration number of the trademark, if applicable; and
the basis of the trademark claim; and
the jurisdiction in which the User claims trademark rights; and
class of goods or services and accompanying description for which trademark rights is asserted on.
10.4 Please note that a copy of any Notices received will be sent to the party who posted the disputed Content.
10. PRIVACY AND INFORMATION DISCLOSURE
The User’s personal information is governed by DOG CITY’s Privacy Statement.
11.1 User agrees not to post, upload, email, or otherwise make available on the Platform, Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any Law prohibiting discrimination on the basis of these or other characteristics);
that violates Laws or local equal employment opportunity Laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
that impersonates any person or entity, including, but not limited to, a DOG CITY employee, agent or representative, or falsely states or otherwise misrepresents the User’s affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person’s explicit consent;
that is fraudulent, false, deceptive, misleading, deceitful, misrepresentative, or constitutes “bait and switch”;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that the User does not have a right to make available under any Law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable Law;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including without limitation worms and malwares that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Service, or that otherwise negatively affects other Users’ ability to use the Service;
that employs misleading or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service and the Platform.
11.2 Additionally, the User agrees not to:
“stalk” or otherwise harass anyone;
collect personal data about other Users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on the infrastructure of the Platform;
attempt to gain unauthorized access to DOG CITY’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform;
use any form of automated device or computer program that enables the submission of Content on DOG CITY without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals;
use the Platform or any content contained in the Platform for any purposes other than intended.
11.3 DOG CITY shall be entitled, at its sole discretion and without prior notice to:
delete any Content in violation of the present article 12; or
close any account related to any User whose action or omission is in violation of the present terms.
12. NO SPAM POLICY
The User understands and agrees that sending unsolicited email advertisements to DOG CITY email addresses or through DOG CITY computer systems is expressly prohibited by these TOU and article 23 of RS 241 Loi federale de 19 Décembre 1986 contre la concurrence déloyale under Swiss law.
13. TERMINATION OF SERVICE
13.1 The User agrees that DOG CITY, in its sole discretion, has the right (but not the obligation) to delete or deactivate a User’s account, block a User’s email or IP address, or otherwise terminate a User’s access to or use of the Service (or any part thereof) immediately and without notice, and remove and discard any Content shared or uploaded by such User on the Platform, for any reason, including, without limitation, in case of actions inconsistent with the terms of this TOU.
13.2 In the event of termination of Services of a User, DOG CITY may keep a copy of such User’s information after termination and is granted a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant Laws and regulations and for its internal business purposes, to the greatest extend permitted by applicable Laws and the Privacy Statement.
14. PROPRIETARY RIGHTS
14.1 The Service is protected to the maximum extent permitted by copyright Laws and international treaties. Content displayed on or through the Service on the Platform is protected by copyright as a collective work and/or compilation, pursuant to copyrights Laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the Platform or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express prior written consent of DOG CITY.
14.2 The User may not decompile or dis-assemble reverse-engineer or otherwise attempt to discover any source code contained in the Service which are considered trade secrets and sole property of DOG CITY.
14.3 Without limiting the foregoing, the User agrees not to sell, resell or exploit for any commercial purposes, any aspect of the Service. DOG CITY, as well as any logos, materials, structures, processes, contents, images, sounds, texts displayed on the Platform constitute trademarks, trade names, service marks (“Marks”) of DOG CITY or other entities. Users are not authorized to use any such Marks. The ownership of all such Marks and the goodwill associate therewith remains at all time with DOG CITY or those other entities.
15. DISCLAIMER OF WARRANTIES
17.1 Users agree that the use of DOG CITY, the Platform and the Service is entirely at their own risk. DOG CITY, the Platform and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by Law. Furthermore and to the fullest extent permitted by Law, DOG CITY disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Service.
15.2 To the fullest extent permitted by Law, DOG CITY disclaims any warranties for other services or goods received through or advertised on the Platform or the Service, or accessed through any links on the Platform or the Service, including without limitation, warranty of title to or delivery of any good or service, any warranty with respect to intellectual property rights in any good or service, any warranty that any good or service conforms to its description or the colors, texture and detail shown on the User’s computer monitor.
15.3 To the fullest extent permitted by Law, DOG CITY disclaims any warranties for viruses or other harmful components in connection with DOG CITY, the Service or the Platform.
16. LIMITATIONS OF LIABILITY
16.1 DOG CITY constantly does its best to improve its Services and functions, while maintaining a safe and secure environment. However, under no circumstances shall DOG CITY be liable for any direct, indirect, incidental, special, consequential or exemplary damages, injury, claims or loss (even if DOG CITY has been advised of the possibility of such damages) whatsoever, resulting from:
any aspect of User’s usage of the Platform or the Service, whether the damages arise from use or misuse of the Platform or the Service, from the inability to use the Platform or the Service, or the interruption, suspension, modification, alteration, or termination of the Platform or the Service; or
anything not due to the direct violation of any terms herein by DOG CITY ; or
anything outside from DOG CITY’s reasonable control; or
an event of Force Majeure; or
any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command; or
the User’s violation of any terms of the TOU.
17.1 User agrees to indemnify, defend and hold DOG CITY, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim, demand, loss, damage, fee, expense (including reasonable attorney fees and court costs) of whatsoever nature due to or in connection with:
a violation of any of the terms of the TOU by the User and any breach of any of the representations and warranties herein by the User; or
any allegation of violation or violation of the User of any copyright, right to privacy or intellectual property right in relation to any Content.
17.2 Should DOG CITY’s liability be engaged in any way, the payment by DOG CITY arising from such liability shall under no circumstances exceed the sum of 3’000.- (Swiss Francs), notwithstanding the legal basis nor the reason of such claim, unless otherwise required by Law.
17.3 Any cause of action or claim brought against DOG CITY must be done within one (1) year following the event leading to the cause of action or claim. User shall be forever barred from any claim brought under this TOU against DOG CITY after one (1) year following the event leading to the cause of action or claim.
18. GOVERNING LAW & JURISDICTION
This TOU shall be subject to and governed by the substantive Laws of Switzerland (to the exclusion of principles of conflict of Laws and international treaties).
Any dispute, controversy or claim arising out of, or in relation to, this Agreement, including the validity, invalidity, breach, or termination thereof, falls under the exclusive competence of the council of the court of the city of Geneva, Switzerland.
If there is any conflict between the English version of our Privacy Statement and a version translated in another language, the English version shall always prevail.
20.1 The TOU, and any additional terms to which User agrees to when using particular elements of the Service, constitutes the entire agreement between such User and DOG CITY, governing the use of the Service and superseding any prior agreement between such User and DOG CITY.
20.2 The failure of either Party to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
20.3 In the event that one or several terms or provisions of this TOU shall be or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of any other terms and provisions in any way. In such case, the invalid or unenforceable term or provision shall be replaced by such valid and enforceable terms or provisions, the contents of which shall reflect as closely as possible the commercial and legal purpose and intent of the provisions or terms replaced.
DOG CITY may notify User of and User accepts to receive relevant information regarding the Platform and Services in any of the following ways:
by email, based on contact information provided on registration;
by notice, posted on the dashboard areas of the Platform;
by notice, posted elsewhere on the Platform in an area suitable to the notice.
It is the User’s responsibility to periodically review the Platform for such notices.