Any reference in this document to “The Daily Woof” shall include references to any and all companies (including but not limited to Curioso Games Ltd), entities, agents and affiliates trading under and/or operate for and/or on behalf of the The Daily Woof brand depending upon the location of the services being purchased and/or accessed by users and others who interact with The Daily Woof ’s social media platforms (including The Daily Woof app and The Daily Woof social media pages and groups ) together with the features and services We make available through Our social media platforms and any other branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) social plugins such as the ‘like button’, the ‘share button’ and other similar offerings; and (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed by The Daily Woof (each an “The Daily Woof Social Media Platform”; collectively the “The Daily Woof Social Media Platforms”) and any services made available through an The Daily Woof Social Media Platform including the The Daily Woof Social Media Platform itself (each a “Service” and all together “Services”) (users and others interacting with Our Services hereinafter referred to as “You” or “Your”) pursuant to the terms set out in this document.
This document sets out the terms and conditions (the “Terms”) which govern The Daily Woof’s (“We” or “Our”) relationship with You.
By using or accessing Our Services, You agree to these Terms, as may be updated from time to time in accordance with Section 13 below.
We provide a wide range of services as part of the Services. We may ask You to review and accept supplemental terms that apply to Your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with these Terms, the supplemental terms associated with the app, product, or service shall govern Your use of such app, product or service.
2. Sharing Your Content and Information When You Use The Daily Woof Services
2.1 You are responsible for Your use of the Services and for any content and information You make available using a Service (“Content” and “Information”), including compliance with all applicable laws, rules and regulations.
2.2 You should only upload Content and Information You are comfortable sharing with others in public. You warrant and represent that You own all of the Content and Information You post on a The Daily Woof Social Media Platform. You are able to control how Your content and information is shared through Your privacy settings.
2.3 You retain Your rights to any Content and Information You submit, post or display on a The Daily Woof Social Media Platform. For content that is covered by intellectual property rights, like photos and videos (“IP Content”), You grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, license to use, copy, process, display or distribute any IP Content that You post on an The Daily Woof Social Media Platform in perpetuity (“IP License”), subject to limitations below. In this respect, You warrant and represent that You have all the rights, powers and authority necessary to grant the rights relating to any IP Content that You submit to The Daily Woof.
2.4. Any IP License shall terminate when You delete Your IP Content on Your account unless Your IP Content has been shared with others before such deletion, and they have not deleted it. Any deleted IP Content may persist in backup copies or cache for a reasonable period of time (but will not normally be available to others after You delete it).
2.5 When You publish Content or Information (including IP Content) using the “public” setting, it means that You are allowing everyone, including people not using The Daily Woof, to access and use that information, and to associate it with You (e.g., Your name and profile picture amongst others).
We need to keep The Daily Woof Services safe for all users. Therefore, You herewith acknowledge and agree that:
3.1 You will not collect or use the Content and Information of other users without their prior permission.
3.2 You will not solicit login information or access an account belonging to someone else.
3.3 You will not impersonate other users and non-users of The Daily Woof in a manner intended to mislead, confuse or deceive others.
3.4 You will not bully, intimidate, or harass any user.
3.5 You will not post Content or Information that is or could, in Our sole and unrestricted discretion, be construed to be: hate speech, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence.
3.6 You will not upload viruses or other malicious code.
3.7 You will not post unauthorised commercial communications (such as spam).
3.8 You will not develop or operate a third-party application containing alcohol- or tobacco-related, dating or other mature content (including advertisements) without having appropriate age-based restrictions in place.
3.9 You will not engage in unlawful multi-level marketing, such as a pyramid schemes, in connection with Your use of a The Daily Woof Service.
3.10 You will not use a The Daily Woof Service to do anything unlawful, misleading, malicious, or discriminatory.
3.11 You will not do anything that could disable, overburden, or impair the proper working or appearance of The Daily Woof Services, such as a denial of service attack or interference with page rendering or other The Daily Woof Service functionality.
3.12 You may not use The Daily Woof Services for any unlawful purposes or in furtherance of illegal activities.
3.13 You will not engage in, facilitate, or encourage any violations of these Terms.
4. Registration on The Daily Woof and Account Security
In order to maintain the integrity of all users of The Daily Woof, You herewith acknowledge and agree that:
4.1 You will be solely responsible for safeguarding Your account by setting up a strong password and ensuring Your password is kept secure at all times. The Daily Woof will not, under any circumstance, be liable for any loss or damage arising from Your failure to comply with this obligation.
4.2 You will not provide any false personal information on The Daily Woof or create an account for anyone other than Yourself without express and verifiable permission of such other person.
4.3 You will keep Your contact information accurate and up to date.
4.4 You will not create more than one personal account. Nor will You create multiple accounts with overlapping uses in order to evade temporary or permanent suspension of Your use of The Daily Woof Services.
4.5 You will not use The Daily Woof Services if You are under 13.
4.6 You will not use The Daily Woof Services if You are a convicted sexual offender.
4.7 You will not share Your password with other users or non-users of The Daily Woof Services.
4.8 If We disable Your account, You will not create another one without Our permission.
4.9 You will not transfer Your account (including any page or application You administer) to anyone without first getting Our prior written permission.
4.10 If You select a username or similar identifier which infringes another user’s trademark then We reserve the right to remove it.
5. Protecting Other People’s Rights
We respect other people’s rights and expect You to do the same. Therefore, You herewith acknowledge and agree that:
5.1 You will not post content or take any action in connection with Your use of The Daily Woof Services that infringes or violates someone else’s rights or otherwise violates the law or breaches these Terms.
5.2 We reserve the right to remove any Content or Information You post using The Daily Woof Services if We, in Our sole and unrestricted opinion, believe that it violates these Terms or Our related policies.
5.3 If We remove Your Content or Information for infringing someone else’s copyright, and You believe We removed it by mistake, We will provide You with an opportunity to appeal. If Your appeal is denied then it will be the final and binding decision regarding such infringement.
5.4 If You infringe the IP Content of other users, We reserve the right to disable Your account as We deem appropriate.
5.5 You will not use Our copyrights or Trademarks or any similar marks, except as expressly permitted with Our prior written permission. All right, title, and interest in and to The Daily Woof Services (excluding Content and Information provided by users) are and will remain the exclusive property of The Daily Woof and its licensors.
5.6 If You collect information from other users of The Daily Woof Services, You are required to obtain their consent, make it clear You (and not The Daily Woof ) are the one collecting their Content and Information and how You intend on using their Content and Information.
5.7 You will not post Your own or any other individual’s personal identification documentation or sensitive financial information on The Daily Woof Services, which may be subject to appropriation or fraudulent activity.
5.8 You will not buy or sell any The Daily Woof accounts.
6. Mobile and Other Devices
6.1 We have mobile phone applications, which enable You to access The Daily Woof Services on Your mobile device free of charge. Please be aware that normal carrier charges (e.g. for data usage) shall remain applicable for using The Daily Woof Services on Your mobile device.
6.2 In the event You change or deactivate Your mobile telephone number, You will update Your account information on The Daily Woof Services within 48 hours to ensure that Your Content and Information is not accessible by the person who acquires Your old number.
6.3 You provide the necessary consents to enable users of The Daily Woof Services to synchronise (including through a software application) their devices with any information that is visible to them through their use of The Daily Woof Services.
Where You wish to purchase certain The Daily Woof Services where a charge is applicable, You agree to Our ‘Payment Terms and Conditions’ unless it is expressly stated that other terms are applicable to a particular transaction.
8. Advertisements and Commercial Content
We aim to deliver advertisements and commercial or sponsored content that is valuable to Our users and advertisers. In order to help us do that, You herewith acknowledge and agree to the following:
1. You herewith give us permission to use Your Content and Information in connection with commercial, sponsored, or related content served or enhanced by Us.
2. We will not otherwise give Your Content and/or Information to advertisers without Your consent.
If You wish to upload any advertising or other commercial or sponsored activity or content, You must first contact Us at firstname.lastname@example.org[VH1] to discuss advertising options. Any unapproved promotional content will be removed at Our sole and unrestricted discretion and Your account may be banned.
10.1 If You download or use Our software, be it as a stand-alone desktop software product, a mobile application, or a browser plugin as well as any other software packages We may develop in the future for any device or operating system now known or developed at any time in the future (“Software”), You agree that, from time to time, the software may download and install upgrades, updates and additional features from Us in order to improve, enhance, and further develop the Software.
10.2 You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless You are expressly permitted to do so under an open source license, or We give You express prior written permission to do so.
11.1 Your access to and use of The Daily Woof Services or any of the Content or Information displayed therein is at Your own and sole risk. The Services provided under these Terms are strictly on an ‘AS IS’ basis. To the maximum extent permitted under applicable law, We disclaim all express or implied warranties relating to merchantability, fitness for a particular purpose or non-infringement. We do not guarantee that Our Services will always be safe, secure, error-free, always function without disruptions, delays or imperfections. Although We require all users of The Daily Woof Services to comply with these Terms to regulate the conduct of all users, We do not control or direct users’ actions on The Daily Woof Services and are not responsible for the content or information users transmit or share using The Daily Woof Services. We shall therefore not be held responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content or Information You may encounter in connection with Your use of The Daily Woof Services. We are not responsible for the conduct, whether online or offline, of any user of The Daily Woof Services.
12. Limitations of Liability
12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DAILY WOOF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE.
12.2 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DAILY WOOF EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (GBP 100) OR THE AMOUNT YOU PAID TO THE DAILY WOOF, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM, WHICHEVER IS LOWER. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT ALL SERVICES RELATED TO THE DAILY WOOF HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13.1 We will notify You before We make changes to these Terms and give You the opportunity to review Our revised Terms before continuing to use Our Services.
13.2 If We make any changes to policies, guidelines or other terms referenced in or incorporated by these Terms, We may provide notice on the website or by individual emails to users.
13.3 Your continued use of the The Daily Woof Services, following notice of the changes to Our terms, policies or guidelines, constitutes Your acceptance of Our amended terms, policies or guidelines.
We may suspend or terminate Your account if You are found to be, or We reasonably believe You to be, in violation of these Terms or any policies set out within these Terms or are thought to be creating a risk or possible legal exposure for us. We will make reasonable efforts to notify You by email or at the next time You attempt to access Your account. Alternatively, You may wish to delete Your account at any time. In all such cases, these Terms shall terminate, but the following provisions shall survive termination: 2.4, 2.5, 3-5, and 14-16.
The Laws of England and Wales will govern these Terms and the courts of England and Wales shall have exclusive jurisdiction to preside over any dispute arising out of or in connection with these Terms.
16.1 These Terms make up the entire agreement between the parties regarding The Daily Woof Services, and supersedes any prior agreements.
16.2 If any portion of these Terms are found to be void and/or unenforceable, the remaining portion will remain in full force and effect and the void and/or unenforceable one shall be deemed replaced with such valid and enforceable provision that comes closest to what was commercially endeavoured.
16.3 If We fail to enforce any part of these Terms, it will not be considered a waiver.
16.4 Any amendment to or waiver of these Terms must be made in writing and signed by Us, including being posted by Us in accordance with section 14 of these Terms.
16.5 You will not transfer any of Your rights or obligations under these Terms to anyone else without Our prior written consent, which may be withheld in our sole and restricted discretion.
16.6 All of Our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
16.7 Nothing in these Terms shall prevent us from complying with the law.
16.8 These Terms do not confer any third-party beneficiary rights.
16.9 We reserve all rights not expressly granted to You hereunder.
16.10 You will comply with all applicable laws and obligations when using or accessing The Daily Woof Services.
17. Reference to other documentation