ACCEPTANCE OF TERMS
Without prejudice to the general contract law of EU Member States (such as the rules on the validity, formation or effect of a contract in relation to a child), the accessing of the Services, provided by 11Pets, of a child under the age of 16, can be undertaken by 11Pets only if and to the extent that consent is given or authorized by the holder of parental responsibility over the child. The parents or guardians of children under the age of 16 are responsible for giving their consent for any such Personal Information their children may provide online, through the 11Pets website and/or mobile applications.
The right to use Our Website is personal to User and is not transferable or assignable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
User gives permission to 11pets to communicate with him/her through the provided contact details. The user can request at any time be excluded from such communication.
11Pets shall have the right at any time to change or discontinue any aspect or feature of Our Website including, but not limited to, content, hours of availability, and equipment needed for access or use.
11Pets shall have the right at any time to change or modify the TOU applicable to User's use of Our Website, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Our Website or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Our Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. The most current version of the TOU can be reviewed by clicking on the "Terms and Conditions of Use" hypertext link located at https://11pets.com/en/termsandconditions/.
“11pets.com” ,“11Pets”, “us”, “we”, “our” or “licensee” means 11Pets Limited, a limited liability company registered under the laws of the Republic of Cyprus and having its registered address at Demostheni Severi 25, 1080, Nicosia, Cyprus.
“Our Website” means 11Pets website, mobile (Android or iOS), tablet application or any other feature or other 11Pets platform, application or software.
“Services” means the variety of resources, including but not limited to: the creation of an online profile for animals, download areas, Communication Services, product and other information, relevant to the scope of work of 11Pets, links to third party websites that 11Pets provides to the User.
"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided or this Agreement refers to, including but not limited to (i) 11Pets and its Affiliates or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to the User 11Pets and its Affiliates (collectively, "Updates").
“TOU” means this agreement containing the “Terms and Conditions of Use” of the 11Pets’ Website.
“Communication Service” or “Communication Services” means the services provided by 11Pets such as e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others.
“User Data” means all materials provided, uploaded, posted, inputted, submitted or otherwise made available by the Users to 11Pets and/or is used for the Services provided by 11Pets, including, but not limited to: status texts, profile photos, any communication including, inter alia, text and pictures, images, letters, text, information, names, addresses and any other such data provided by the User(s).
DESCRIPTION OF SERVICES
Through Our Website, we provide User with Services. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Information provided by the Users, through the Services, may contain links to third party websites that are not owned or controlled by 11Pets. 11Pets has no control over third-party websites and/or services; 11Pets cannot censor or edit the content of such websites and thus assumes no responsibility and cannot be held liable for the content, privacy policies and/or practices of such websites.
The Services provided by 11Pets might be subject to payment, as described in our website. Products for pet families and animal welfare organizations are offered free of charge unless otherwise agreed between the User and 11Pets. Products for professionals are subject to a monthly or annual subscription fee. The price per product is described in our website, but additional charges may apply depending on the selection of extra functionality by the User.
PRICES AND PAYMENT METHOD
Prices are subject to what has been stated in the plans available in our website. 11Pets might at its discretion alter said prices and will notify all affected Users.
The billing system and the calculation of the costs of the hired Service will be determined by the number of terms (months or years) since the start of use of the service. Payments will be done at the beginning of the term, either monthly or annually. 11Pets will issue the corresponding bill with all the concepts detailed. The bill will be available at any time through our portal.
All subscriptions monthly, quarterly and yearly renew automatically on their due renewal date according to date of purchase until officially cancelled through our website. User agrees that all subscriptions are recurring and will renew automatically. We do not send reminders prior to a subscription renewal, it is up to the user to be responsible for their billing cycle dates.
Important: No refunds or credits for partial months, quarters or years of service will be refunded to the customer upon cancellation. 11Pets does not offer prorated refunds for cancelled subscriptions.
All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and the User is responsible for the payments of all such taxes, levies, or duties.
The User will indicate a payment method at the beginning of the contract or any time within the free trial period, if available. The payment method allowed for this service is credit card. Depending on the volume of hired services, will be assessed for each case, the possibility of payment through a bank transfer will be assessed.
The established payment methods will be the following:
A. - Credit Card: The charges in the credit card appointed by the User will be done at the begginning of the contracted term. By no means wiil 11Pets store any data of the credit cards of the User, but it will be used by the payment gateway BRAINTREE, which will be in charge of the electronic payments management, which will store such data safely. As a security measure for card verification, if a new credit card is added, a 1 euro charge might be done, being returned at the confirmation time, thus confirming the validity of the charge data provided.
In order to pass the correspondent charges to the User, 11Pets will be able to use electronic payment companies. In order to do so, the User expressely authorises the necessary data transfer and management of the corresponding charges according to the generated billing and depending on the payment option selected.
Taking into account the aforementioned in the previous paragraph, 11Pets keeps the right to suspend the hired service prior notice to the User, temporarily, if any issue is detected regarding the charge of the service and/or lack of payment, independently of the payment method chosen by the User. This situation might derive, in case of persistent non-payment, in the suspension of the contract on an unilateral basis by 11Pets, in the same terms provided by clause Termination.
Either 11Pets or User may terminate this Agreement at any time. Without limiting the foregoing, 11Pets shall have the right to immediately and without prior notice, terminate or suspend the access to the Services through Our Website or a User's Account in the event of any conduct by User which 11Pets, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
All provisions of the TOU which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
The following will be considered causes of termination of the present contract:
Mutual agreement of the parties
End of the contract period or any of its extensions
For breach, by any of the parties, of the obligations, commitments and responsibilities acquired in the present contract
The non-payment by the User of the agreed to amount at the beginning of a new term. In this case 11Pets will be allowed, without previous warning, to conclude the service cancelling access to the use of the contracted Service.
When any of the parties is in bankruptcy situation or suspension of payments
When the User decides to terminate the contractual relationship with 11Pets, the can notify through the website by cancelling the renewal of the service. No refunds or credits ofr partial terms will be refunded to the user upon termination.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Our Website and/or Services and all charges related thereto.
11Pets grants to User a non-exclusive license to Use the Software for the purposes described in this document. Some third-party materials included in the Software may be subject to other terms and conditions.
User shall use Our Website and/or Services for proper and lawful purposes only. User shall not post or transmit through Our Website any material which is, in 11Pet’s sole discretion, in any way: unethical, violates or infringes in any way upon the rights of others (including the rights of animals), which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law and/or any animal rights including but not limited to the provision of the European Convention for the Protection of Pet Animals (Treaty No. 125), or which, without 11Pet's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in 11Pet's sole discretion restricts or inhibits any other User from using or enjoying Our Website and/or Services will not be permitted. User is prohibited from using Our Website and/or Services to advertise or perform any commercial solicitation whatsoever, including, but not limited to, the solicitation of users to become subscribers of other on-line information services.
Our Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Our Website are copyrighted as a collective work under International and EU copyright laws. 11Pets owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of 11Pets and/or the Copyright owner (if different). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
User shall not upload, post or otherwise make available on Our Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Our Website, User automatically grants, or warrants that the owner of such material has expressly granted 11Pets the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants 11Pets the right to edit, copy, publish and distribute any material made available on Our Website by User.
The foregoing provisions of Section 7 are for the benefit of 11Pets, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
USE OF SERVICES
Without prejudice to the generality of the provisions of Section 7 above, user further agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the Service and/or Communication Service. By way of example, and not as a limitation, User agrees that when using the Services and/or Communication Services, User will not:
Use the Communication Services in connection with: surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Upload or otherwise make available content that is considered, to 11Pets’ sole discretion, to be of Adult Content
Upload or otherwise make available content that is considered, to 11Pets’ sole discretion, to consist of cruelty to animals, animal abuse and/or animal neglect and/or infringe any Laws and/or Treaties designed to protect animals.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information in relation to 11Pets, third-parties including but not limited to people and animals.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including, but not limited, to e-mail addresses, phone numbers and information of a personal nature including any information relating to the Pets of the Users.
Violate any applicable laws, regulations, treaties and the provisions of any legal instrument.
Create a false identity for, inter alia, misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users of the Services (including but not limited to any pet directory created by a User) or other User or usage information or any portion thereof.
11Pets has no obligation to monitor the Communication Services. However, 11Pets reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. 11Pets reserves the right to terminate User’s access to any or all the Communication Services at any time, without notice, for any reason whatsoever. 11Pets reserves the right, at all times, to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to delete, edit, refuse to post or to remove any information or materials, in whole or in part, at 11Pets' sole discretion.
Materials uploaded to the Communication Services may be subject to, posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. 11Pets does not control or endorse the content, messages or information found in any Communication Services and, therefore, 11Pets specifically disclaims any liability with regards to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized spokespersons of 11Pets, thus their views do not necessarily reflect those of 11Pets.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to create an account, User must complete the registration process by providing 11Pets with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify 11Pets immediately of any unauthorized use of User’s account or any other breach of security. 11Pets will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by 11Pets or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
INTELLECTUAL PROPERTY RIGHTS
Other than the Data; any software, design of the Services, created texts, scripts, graphic, interactive features and the like; the trade and service marks, designs, logos (including but not limited to trade and service marks), patented (or patent pending) material contained on Our Website, belongs to 11Pets and its Affiliates and is protected by Intellectual Property rights.
The Software and any copies that you are authorized by 11Pets to make (if any; pursuant to the TOU) are the intellectual property of, and are owned by, 11Pets and its Affiliates. The structure, organization and code of the Software is, by its own right, confidential information and is the sole property of 11Pets and its Affiliates. The Software is protected by copyright laws, including without limitation to the Copyright Laws of the Republic of Cyprus, EU Copyright Laws, international treaty provisions and applicable laws in the country in which it is being used.
Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested 11Pets to provide the information necessary to achieve such operability and 11Pets has not made such information available.
Without prejudice to the generality of other provisions set out in this document, this Agreement does not grant the User any intellectual property rights in, inter alia, the Software, Trademarks, Designs and Patents of 11Pets.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON 11PETS.COM
Any software that is made available to download from the Services is, as aforementioned, the protected by Intellectual Property rights, work of 11Pets. Use or de-Use of the Software (“License Agreement”) is governed by the terms of this TOU agreement. An end user will be unable to install or uninstall any Software, unless he or she first agrees to these TOU terms.
The Software is made available for download solely for use by end users according to the TOU. Any reproduction or redistribution of the Software not in accordance with the TOU is expressly prohibited by law(s) and Regulations, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE TOU. EXCEPT AS WARRANTED IN THE TOU, 11PETS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, 11PETS MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. 11PETS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON OUR WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that: (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
11PETS AND ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. 11PETS AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT, SHALL 11PETS AND ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 11PETS AND ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS, SERVICES AND INFORMATION AVAILABLE ON OUR WEBSITE
IN NO EVENT SHALL 11PETS AND ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
USER DATA PROVIDED, POSTED, UPLOADED, INPUTTED OR SUBMITTED BY THE USER TO OUR WEBSITE
11Pets does not claim authorship of the User Data that the User(s) provide, post, upload, input or submit to 11Pets or to any Services or its associated services for review by the general public, or by the members of any public or private community.
However, by posting, uploading, inputting, providing or submitting such User Data, the User is granting 11Pets and its Affiliates and necessary sub-licensees, permission to:
Host all such User Data;
Use User’s Data in connection with the operation of their Internet businesses (including, without limitation, all 11Pet Services);
License any rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Users’ Data;
Publish User’s name in connection with User’s Data;
Collect, process, analyze, correlate and communication the data outputs emanating from the User Data
Sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Data, as provided herein. 11Pets is under no obligation to post or use, in any other way, any User Data that a User may provide and 11Pets may remove any User Data at any time in its sole discretion. By posting, uploading, inputting, providing or submitting such User Data, User warrants and represents to own or otherwise control all of the rights to such User Data as described in these Terms and Conditions of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit such User Data.
In addition to the warranty and representation set forth above, by posting, uploading, inputting or submitting any User Data that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User(s) warrant and represent that:
User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these TOU and the Services,
Users have the rights necessary to grant the licenses and sublicenses described in these TOU, and
that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
By posting such User Data, User is granting: (a) to all members of User’s private community (for each such Images available to members of such private community), and/or(b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Data in connection with the use, as permitted by these TOU, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, inter alia, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Data without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of User’s Data
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
USER EXPRESSLY AGREES THAT USE OF OUR WEBSITE AND/OR ITS SERVICES IS AT USER'S SOLE RISK. NEITHER 11PETS AND ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT OUR WEBSITE AND/OR ITS SERVICES WILL NOT BE DISCONTINUED OR BE UNINTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF 11PETS’ WEBSITE AND/OR ITS SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH 11PETS’ WEBSITE AND/OR ITS SERVICES .
OUR WEBSITE AND/OR ITS SERVICES AND/OR THE DATA CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES (DIRECT OR INDIRECT), LOSS OF DATA OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO: DISCONTINUANCE OF THE SERVICES, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, HACKING, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT 11PETS AND ITS AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL 11PETS OR ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING OUR WEBSITE AND/OR ITS SERVICES INCLUDING THE 11PET SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE 11PETS’ WEBSITE AND/OR ITS SERVICES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, 11PETS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN OUR WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION TO: ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
LINKS TO THIRD PARTY SITES AND/OR THIRD PARTY APPLICATIONS
THE LINKS AND/OR THIRD PARTY APPLICATIONS IN THIS AREA, WILL LET YOU LEAVE THE USE OF OUR WEBSITE. THE LINKED SITES AND/OR THIRD PARTY APPLICATIONS, ARE NOT UNDER THE CONTROL OF 11PETS AND/OR ITS AFFILIATES AND 11PETS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, ANY THIRD PARTY APPLICATION OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. 11PETS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE OR THIRD PARTY APPLICATION. 11Pets IS PROVIDING THESE LINKS AND/OR THIRD PARTY APPLICATIONS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK AND/OR THIRD PARTY APPLICATION DOES NOT IMPLY ENDORSEMENT BY 11PETS OF THE RELEVANT SITE.
11Pets is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, 11Pets has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Our Website and/or Services, are those of the respective author(s) or distributor(s) and not of 11Pets. Neither 11Pets nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through Our Website and/or Services represents the opinions and judgments of the respective information provider, User, or other user not under contract with 11Pets and its Affiliates. 11Pets neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Our Website by anyone other than authorized 11Pets and its Affiliates’ employee spokespersons while acting in their official capacities. Under no circumstances will 11Pets and its Affiliates be liable for any loss or damage caused by a User's reliance on information obtained through Our Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through 11Pets. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
UNSOLICITED IDEA SUBMISSION POLICY
11PETS, ITS AFFILIATES, OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN 11PETS’ PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO 11PETS AND ITS AFFILIATES. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO 11PETS, ITS AFFILIATES OR ANYONE AT 11Pets OR ITS AFFILIATES. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT 11PETS AND ITS AFFILIATES MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
11Pets and its Affiliates, shall have the right, but not the obligation, to monitor the content of Our Website , including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by 11Pets and to satisfy any law, regulation or authorized government request. 11Pets shall have the right in its sole discretion to delete, edit, refuse to post or remove any material submitted to or posted on Our Website. Without limiting the foregoing, 11Pets and its Affiliates shall have the right to remove any material that 11Pets, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless 11Pets its Affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of:
the Use of and access to Our Website and/or Services by User or User's Account.
The violation of any term of the TOU
The violation of any third party right, including inter alia, any copyright, property or privacy right
Any claim, for damage caused to a third party, from the content of any of the User’s Data.
This defense and indemnification obligation will survive this TOU.
This Agreement and any operating rules for Our Website and/or Services established by 11Pets constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and in full force and effect as per its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of 11Pets. Updates may be licensed to you by 11Pets with additional or different terms. This is the entire agreement between 11Pets and its Affiliates and the User relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
GOVERNING LAW AND LANGUAGE
COPYRIGHT © 2015 - 2023 11 PETS LTD. ALL RIGHTS RESERVED.
All other trademarks appearing on 11pets’ website are the property of their respective owners.
Any rights not expressly granted herein are reserved.
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