Dogs Trust Doggy Dub – Terms & Conditions
These terms of service (as updated from time to time, the “Terms”) govern your access to and use of the Dogs Trust Doggy Dub Service (as defined below) and any sound recordings, videos, information, text, graphics or other content materials uploaded, downloaded or appearing on the Service. Please read these Terms carefully before using the Service. By downloading the App you are accepting these Terms and you agree to be bound by them. If you do not understand the Terms, or do not accept any part of them, then you should not use the Service. The Service is provided by Dogs Trust Trustee Limited (“we”, “us” “our”) acting as sole trustee of Dogs Trust (Registered Charity Numbers 227523 and SC037843) of 17 Wakley Street, London, EC1V 7RQ.
1. The Service
1.1 The Service means our providing use of the Doggy Dub mobile application (the “App”);
1.2 We permit use of the App to you on the basis of these Terms and subject to any rules or policies applied by any appstore provider (“Appstore”) or operator from whose site you downloaded the App (“Appstore Rules”). We do not sell the App, any rights or documents to you. We remain the owners of the App and documents at all times.
2. Alterations and Updates
2.1. We may update these Terms from time to time without notice to reflect any changes: (i) in our policies or relevant laws; (ii) in the functionality of the Service; or (iii) imposed on us by any third party suppliers.
2.2. We reserve the right to withdraw, take down or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments. Any changes will take into account your reasonable interests. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenance or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms of service.
3. Access/Use of the Service
3.1. You can access the Service either via the App, by downloading the App, and recording a sound recording in relation to the catalogue of videos. This will result in the video being combined with the sound recording, creating a “Dub”. Dubs are stored in your device’s local memory and can be shared with your contacts via certain third party services, such as Facebook Messenger, WhatsApp and iMessage;
3.2. To use the service you must be eighteen (18) years old or older. By using the Service you promise to us that you accept these Terms and that: (a) you are 18 years of age or over, or (b) you are 13 years of age or over and have permission to use the Service from your parent or legal guardian. If we reasonably believe that you do not sufficiently fulfil these criteria, we may suspend your use of the Service until you have provided us with acceptable proof of age.
3.3. Access to and use of the Service requires a compatible device and internet connection. Although we are working to ensure that the Service is compatible across various devices, we cannot guarantee that the Service will work with all devices. The Service currently requires smartphones with a microphone function camera function, and running either the Android 4.4 (or later) or iOS7 (or later) operating systems;
3.4. It is your responsibility to ensure that your device complies with these requirements. Your use of the Service may vary in functionality, availability and quality depending on the type of the device and the operating system that it uses and Dogs Trust accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings or software).
3.5. It is your responsibility to pay for all costs and expenses that you may incur while using the Service (including, but not limited to, all telephone call or line charges or Internet data service access charges).
3.6. Your use of the Service is on an “as is” and “as available” basis. The Service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We shall not be liable to any user for the unavailability or failure of the service.
4. User-Generated Content
4.1. You are solely responsible for your use of the Service and any sound recordings (“Sound Recordings”), Dubs, information, messages and any other content that you upload to or create via the Service, whether privately transmitted or made publicly available (together, “User Content”). You retain ownership of your User Content.
4.2. Any video that you make in connection with the Service are stored locally and are not uploaded to the Service.
4.3. You understand and agree to comply with all applicable laws in relation to your use of the Service and User Content.
4.4. You shall at all times ensure that your User Content does not:
- contain any content, information or material that infringes the rights of any third party including copyright, trade mark rights, confidential information or rights of privacy;
- violate any applicable laws;
- contain any content or material that is offensive, abusive, defamatory, libellous, derogatory, bullying, discriminatory, obscene, violent, sexually explicit, indecent, which promotes or encourages violence, terrorism or any other illegal acts or which is likely to harass, upset, embarrass, alarm, inconvenience or annoy any person;
- in any way promote or incite anyone to commit or assist in any unlawful or criminal activity or anti-social behaviour, or encourage activities which could endanger the safety or wellbeing of others;
- identify any person without their consent, or the consent of their parent or legal guardian if they are under 18 years of age;
- disclose anyone’s personal contact details or invade their privacy;
- contain any viruses or other malicious or harmful programs; or
- include any advertising or promotional messages.
4.5. Furthermore, you understand and agree that you will not do or attempt to do, or cause any third party to do or attempt to do, any of the following in connection with your use of the Service:
- Use the Service or User Content available on the Service other than as expressly permitted by these Terms and the normal functionality of the Service;
- transmit other people’s personal and/or confidential information, such as credit card numbers, account passwords etc.;
- use the Service for any illegal purpose, in an unlawful manner or in any manner inconsistent with these Terms;
- impersonate or pretend to be anyone else through your use of the Service;
- use the Service in a way that could damage, disable, overburden, impair or compromise the Service, our systems or security or interfere with other users;
- use any programme or other means, including but not limited to scripts, spiders and robots, whether manually or automatically, to extract, download, index, mine, scrape, reproduce or circumvent the presentation, operation or intended use of the Service or any features or functions of it;
- copy, modify, decompile or otherwise interfere with any part of the Service;
- make alterations to, or modifications of, the whole or part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs;
- hack into, or insert malicious code, including viruses, or harmful data, into, the Service; or
- infringe our intellectual property in relation to your use of the Service.
4.6. You acknowledge and agree that we are merely a passive conduit and hosting service for User Content and that we play no active role in the distribution or presentation of User Content.
4.7. We are under no obligation to monitor User Content posted on the Service and we cannot and do not take any responsibility for such User Content, nor do we endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk.
4.8. Dogs Trust shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
4.9. If we, in our sole discretion, believe that there has been a breach of these Terms, or we have reasonable grounds to believe that you are likely to breach these Terms, we may take any action we think is necessary to protect the Service and its users.
4.10. You agree to compensate us for any losses or costs we may reasonably or fairly incur as a result of breach by you to of these Terms where you are at fault for such breach.
5. Dogs Trust Rights
5.1. All rights, titles and interests in and to the Service (excluding content uploaded or otherwise provided by users) are and will remain the exclusive property of Dogs Trust.
6. Intellectual property
6.1. Dogs Trust respects the intellectual property rights of others and expects users of the Service to do the same.
6.2. You warrant that you will not infringe any third party rights including but not limited to copyright and trademarks.
7. Third Party Services
7.1. The Service includes and links to features and services (including but not limited to, social applications like Facebook and WhatsApp) that are provided by a third party. We do not control such third party sites or services and are not responsible for the content or functionality of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to the use of such third party services will apply and we will not be responsible for anything that is done by you or the third party service provider in connection with your use of their service.
7.2 We shall not be responsible if you receive or encounter any sound recordings or other content which you find offensive via the Service or through any third party. Where you believe a user is in violation of these Terms, please report it to the relevant third party provider on which the content was posted.
7.3 If you have any queries in relation to the Service please contact [email protected]
8.1. We may suspend or terminate your use of and access to the Service at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
8.2. You may terminate your use of the Service at any time by ceasing to use the Service and/or deleting the App from your Device.
9. Advertising and Privacy
9.1 We may deliver Dogs Trust advertising to you in conjunction with your use of the Service.
9.2 As part of our provision of the Service, we may need to provide you with certain communications, such as service announcements. These communications will be considered as part of the Service which you may not be able to opt-out from receiving.
10. General Terms
10.1. You may not transfer or assign your rights or obligations under these Terms to anyone else
10.2. No person who is not party to these Terms may enforce any term of it.
10.3. These Terms constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements or communications.
10.4. The failure by us to enforce any Terms and Conditions shall not be deemed as a waiver of the right to enforce such terms or conditions.
10.5. In the event that any of the provisions of these Terms or the application of any such provisions are deemed by a court of competent jurisdiction to be contrary to law or invalid, the remaining portions of these Terms shall remain in full force and effect.
10.6. These Terms and any dispute or claim arising out of or in connection with them or the use of the Service (including non-contractual disputes or claims) shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.