TERMS OF USE

1.- LEGAL INFORMATION AND ACCEPTANCE.

These Terms of Use regulate the conditions of access and browsing via the website situated in the URL www.dogvivant.com (the “Website”), a registered domain property of DOG VIVANT P.I.C., S.L., a Spanish company registered in the Mercantile Register of Biscay in Volume 5587, Folio 109, Sheet BI-67332, 1st entry, domiciled at Calle Ogoño 1, Planta 3 Módulo 8, 48930 Las Arenas, Getxo, Bizkaia, and having Tax Id. no. B95827135 (“Dog Vivant”). You can contact Dog Vivant at the postal address indicated, via the telephone number 94 642 20 20 or by electronic mail info@dogvivant.com'

We recommend that you read carefully the present Terms of Use as your browsing on the website implies full and unconditional acceptance of the version published in the Website at the time of accessing and/or using it.

Browsing on the Website and/or the use of the services available in it, confer on the visitor the condition of user ("User").

Some services and/or functionalities of the Website accessible for Users may be submitted to particular terms of use, general contracting conditions and/or additional instructions which, as the case may be, replace, complete and/or modify the present Terms of Use, on acceptance by the Users.

2.- GENERALITIES.

Browsing on the Website is free and voluntary, and its use is done under the exclusive responsibility of the User.

Browsing on the Website and use of the majority of the services available in it does not require registration. However, access and use of determined services and/or functionalities may require prior registration. When registering, the password provided to the User will be personal and non-transferable and any action carried out under the cover or use of said password will be the exclusive responsibility of the User.

Through the Website, Dog Vivant acts as a mere intermediary offering certified Dog Vivant establishments a tool which facilitates the promotion of their products/services among the dog lovers who form part of the Dog Vivant community, therefore Dog Vivant does not accept any responsibility with regard to the offers and promotions which said establishments make on the Website, nor with regard to the truthfulness and accuracy of the information made available on the Website about such products/services and the characteristics of their commercial establishment.

Access and browsing on the Website is prohibited to minors, unless they have the express authorisation of their parents, tutors or legal representatives.

3.- INTELLECTUAL AND INDUSTRIAL PROPERTY.

The Website and "Dog Vivant" are a domain and a registered trademark property of Dog Vivant. Neither the domain nor the trademark can be used, unless express written authorisation has been given beforehand by Dog Vivant, in relation to other services not pertaining to Dog Vivant in no means can confusion be caused to third persons or Dog Vivant be discredited.

Dog Vivant holds all the rights of intellectual and industrial property on the content, design and source code of the Website and especially, by way of illustration but not limited to, photographs, images, texts, logos, designs, trademarks, commercial names and materials which are housed and made available to the Users on the Website ("Content"). Under no circumstance will it be understood that access and browsing by the User on the Website implies waiver, transmission, licence or total or partial transfer of said rights by Dog Vivant.

The User has only one right of strictly private use, exclusively with the aim of enjoying the provisions of service in accordance with the present Terms of Use. It is totally forbidden to copy, reproduce, adapt, modify, transform, distribute, commercialise, communicate publicly, make available, extract, reuse, resend and/or use by whatever means, by whatever channel and/or procedures any of the contents or elements in the Website which constitutes an infringement of current national and/or international legislation on matters of intellectual and/or industrial property, the violation of rights of third parties or the non-compliance of the present Terms of Use.

References to commercial or registered names and trademarks, logos or other distinctive signs, whether property of Dog Vivant or third parties, are implicitly prohibited without the express consent of Dog Vivant or of their legitimate owners. Under no circumstances does access or use of the Website and/or its contents and/or services confer on the User any right over the trademarks, logotypes and/or distinctive signs included in it, which are protected by Law.

The User cannot house, store, divulge, publish, distribute, make available or share via the Website and/or using the services/functionalities available in it any content or material - texts, trademarks, logos, links, files, photographs, etc. - (i) for which he/she does not have the right or consent or is not entitled to copy, reproduce, transmit, disseminate, distribute, exhibit to third parties and/or exploit in the necessary terms, or (ii) which infringe or violate the rights of industrial or intellectual property or personal rights of third parties (including, by way of illustration but not limited to, copyright, registered trademarks, patents, designs and industrial secrets - or any other rights of industrial and/or intellectual property recognised by the legislation of any country where such rights may have no effect - moral rights, and the right to honour, privacy and ones own image). The User ensures Dog Vivant that all the aforementioned content which he/she houses, shares, makes available, transmits or publishes in or via the Website rigorously fulfil these conditions.

4.- CONDITIONS OF USE AND PROHIBITIONS.

The User can only access the Website and use the services and contents available in it via the means or procedures made available for such purpose and exclusively for the purposes for which such content and services have been made available on the Website.

Merely by way of illustration only, the User shall refrain from::

  1. using the Website, the contents and/or the services contrary to and for purposes contrary to the law, morals, public order and the present Terms of Use and, in particular, for the publication, transmission, housing, sending and/or dissemination of illegal information, data, messages, graphs, drawings, audio and/or image files, recordings, photographs, software or content which infringe the law or rights of third parties, which are obscene, racist, sexist, defamatory, pornographic, denigrating or offensive, or that introduce or could facilitate illicit or fraudulent conduct of any type;
  2. accessing, interfering, manipulating or using any area of the Website or of the Dog Vivant computer systems or the Website which are not of a public nature and/or intent, or to whom access has not been given, as well as any other act which violates, eludes or manipulates the terms, the mechanics, the policies and the spirit of the Website.
  3. trying to canvas, investigate, analyse, explore or test the vulnerability of the Website or any system or network related to it or the services, or undermining or trying to break any safety or authentication barrier or measure as well as damaging or generating a threat of damage to the system, to other users, to the host or the network;
  4. creating false user profiles or participating in discussions or issuing comments simulating opinions of different people or bypassing general restrictions and penalisation of the Website or of the service offered by Dog Vivant, as well as imitating or falsifying the affiliation of the User him/herself or any other by using the identity of another person and/or entity;
  5. attempting to decipher, decompile, dismantle or revert any software engineering used for the correct functioning of the Website or the provision of services; and
  6. violating rights of intellectual or industrial property belonging to Dog Vivant or third parties and, especially, reproducing, copying or distributing the contents available in the same, as well as permitting access of the public to the same via whatever means of public communication, or transforming or modifying them, without the express authorisation of the owner of the corresponding rights.

5.- USER CONTENTS.

The publication of contents, photos, comments and any material and/or information ("Contents of the User") in the Website expressly and automatically attributes to Dog Vivant a non-exclusive, free, irrevocable, worldwide and sub-licensable licence for the exploitation of the intellectual property inherent in the Contents of the User, so that Dog Vivant can make use of this in the context and with the purposes pertaining to the Website and the services/functionalities available in the same, as well as for undertaking promotion action of Dog Vivant and the Website by any channel, making it available to users and the public in general, particularly via social networks.

Dog Vivant excludes any responsibility for damage of any nature which might but due to the lack of truthfulness, accuracy, completeness and/or updatedness of the Contents of the User transmitted, disseminated, stored, made available or received, obtained or to which you have accessed via the Website, as well as those derived from non-compliance with the conditions established in these Terms of Use, particularly with regard to intellectual and/or industrial property of the Contents of the User (according to what is established in the previous section).

Notwithstanding the above, Dog Vivant will act with the greatest possible diligence and adopt the legal measures necessary or convenient in the event that they have effective knowledge - either directly or as a result of the notification of a User or third party - that the Contents of the User violate or could potentially violate the law, rights of intellectual and/or industrial property, or personal rights of third persons. In the event that any User should detect or believe that some other User might be behaving potentially illegally or contrary to these Terms of Use, we urge you to notify Dog Vivant immediately.

In any case, Dog Vivant reserves the right to remove, without previous warning and at their entire discretion, any Contents of the User that violate or could potentially violate what is set out in these Terms of Use.

6.- Política de opiniones y comentarios.

Dog Vivant does not accept any responsibility for the comments and opinions which the User makes or receives in or through the specific functionalities enabled for this purpose in the Website. Said comments and opinions in no case represent Dog Vivant nor reflect their opinion and, therefore, Dog Vivant declines any kind of responsibility in this sense. The Users are the only ones responsible for the opinions given under their user name/password.

However, and inasmuch as the participation of the Users aims to be the essence of the Dog Vivant community, we have drawn up the following basic rules of coexistence to regulate the Policy of Comments and Opinions of Dog Vivant.:

  1. Comments which might be considered defamatory, degrading, insulting, libellous, obscene or contrary to the law, public order or to the most basic norms of coexistence and respect, or which use foul or disrespectful language.
  2. Comments must be respectful with the dignity of persons and must not contain words or expressions that encourage, promote or incite directly or indirectly hate, hostility, discrimination or violence for reasons related to ideology, religion or beliefs, family situation, belonging to ethnic group, race or nation, national origin, for reasons of gender, sexual orientation or identity, or illness or disability.
  3. Comments must not include threats, insults, personal attacks to other users, nor will comments be admitted that foment any kind of cruelty to animals.
  4. Comments aimed at freely defaming or damaging non-objectively the reputation, good name and trademark of the Hosts and/or Users

Dog Vivant reserves the right to control, prior to it publication, the content of the comments and opinions which are made via or on the Website and of eliminating those comments which, in their judgement, do no adapt to this Policy of Comments and Opinions.

7.- EXCLUSION OF GUARANTESS AND LIMITATION OF RESPONSABILITY.

Dog Vivant has adopted, within its possibilities and of the current state of the technology, all the measures reasonably required to ensure the correct functioning of the Website and the Services available in it, and to avoid the existence and transmission of vulnerabilities and harmful components. However, Dog Vivant cannot guarantee nor indeed does it guarantee: (i) the invulnerability of the Website and the impregnability of the safety measures adopted to prevent the existence of virus and/or other harmful components in the Website or in the server that provides it, and the absence of the same; (ii) damage caused to the User or to a third party by a person who infringes the conditions which Dog Vivant has established for the use of the Website or via the violation of the safety systems of the same, and (iii) total reliability, availability and continuity of the Website, the Services and the Contents available therein.

In the same way, Dog Vivant is not responsible:

  1. for the use which the User makes of the services and contents under their username/password and which might represent a violation of any regulation, national or international, of the rights of intellectual or industrial property or any other right of third parties, or of the conditions of use established by Dog Vivant;
  2. for the possible safety errors which might happen for the fact of using non-updated software versions, or for the consequences that might arise from the bad functioning of your device, whether for inadequate configuration, presence of computer virus or any other cause external to Dog Vivant;
  3. for the contents, whatever they may be, which the User houses or stores in the Website, which transmit or disseminate through it, or which they send to Dog Vivant, to other Users by means of the Website itself and/or the channels of communication available in it.

Dog Vivant will also not be responsible if there are interruptions in the service, delays, errors, malfunctioning of the Website and, in general, of any inconvenience whose cause is beyond their control or in actions or services of third persons external to Dog Vivant and/or due to the wilful misconduct or fault of other Users or of third parties - attack by hackers, crackers or other third parties to the safety or integrity of the computer system - and/or for reasons of Force Majeure. In addition, DV reserves the right to suspend, restrict and/or interrupt the access to the Website at any time and without previous warning, whether for technical, safety, control or maintenance reasons, electric supply failures or any other well-founded reason. In no circumstance can responsibility be demanded for the discontinuity of lack of availability of the services in the Website.

8.- OUTBOUND LINKS AND THIRD PARTY SERVICES.

The Website may include technical link devices, directories and even search tools that enable Users to access Internet websites managed by third parties removed from Dog Vivant ("Linked Websites"). The Linked Websites are not the property nor are they under the control of Dog Vivant, for which reason Dog Vivant does not accept responsibility for the quality, action, availability, legality and/or utility of the contents and/or services of the Linked Websites. The existence of Linked Websites in this Website does not imply the approval, recommendation, promotion, affiliation or sponsorship of these Linked Sites.

The actions which the Users make, or the decisions which they adopt, under or by the use of the contents and/or services available in Linked Sites, of other services provided by third parties in this Website (e.g. Google Maps) or of services linked/integrated in some way in the Website (e.g. Facebook and Twitter) are not the responsibility of Dog Vivant and will in such case be governed and regulated by the rules, conditions of use and privacy policies of said Linked Sites and/or services of third parties, which Users are recommended to read before making use of such services and/or content.

9.- NON-COMPLIANCE AND INDEMNITY.

In the event of non-compliance of the present Terms of Use by the User and without detriment to any legal actions which may be adopted in each case, Dog Vivant reserves the right to suspend, restrict, cancel and/or finalise, without previous warning, access to the Website and the use of all or some of the services, adopting the technical means which may be required for this purpose.

Likewise, the User is obliged to compensate, indemnify and keep from harm Dog Vivant, their directors, employees, affiliates, agents and any other related persons, with regard to any claims, liabilities, damage, loss, expense or any other concept, whether reasonable or not, which are the result of any violation of what is stipulated in these Terms of Use by the User.

10.- MODIFICATION AND DURATION.

Dog Vivant reserves the right to modify at any time and without previous warning the conditions provided for in these Terms of Use, whether for their adaptation to possible new legislation, due to technical modifications in the Website and/or of its functionalities, or as a result of changes in the nature of the services available in the same or of discretionary decisions of Dog Vivant, by publishing the modified Terms of Use in this Website or through any of communication aimed at the Users.

In any case, Dog Vivant may terminate, suspend or interrupt at any time, without the need for previous warning, access to the services and contents of the Website, without the possibility by the User of demanding responsibility or indemnification.

11.- NOTICIAS GUAU! Y EMAILINGS ESPECIALES

Puedes suscribirte a Noticias Guau! de dos formas:

  1. En el registro de usuario, al finalizar el formulario con tus datos, y marcando la casilla correspondiente a Noticias GUAU!
  2. En la home de Dog Vivant, en el apartado correspondiente a Noticias Guau!

Si aceptas recibir las NOTICIAS GUAU!, periódicamente recibirás un email en el que incluimos contenidos sobre destinos perrunos, nuevos establecimientos certificados, sorteos, promociones...e información y consejos que consideramos de valor para disfrutar al máximo de planes de ocio y turismo con tu perrete. Esporádicamente también enviamos algún email con algún contenido exclusivo (Navidad, sorteos y promociones especiales de marcas colaboradoras...). En cualquier momento puedes retirar este consentimiento escribiéndonos a info@dogvivant.com, en tu área privada de usuario o a través de cualquier otro medio destinado a tal efecto que hayamos incluido en las comunicaciones que te enviemos.

Si te das de baja y más adelante quieres volver a darte de alta en NOTICIAS GUAU!, sólo tienes que entrar en tu área privada y volver a marcar el check de "noticias guau".

No alquilamos, compartimos, vendemos o negociamos con información personalmente identificable con terceras partes para sus propósitos de publicidad directa.

12.- terminos.uso.recomendaciones.titulo

Los usuarios registrados pueden hacer uso del formulario de recomendaciones para contarnos en qué negocios han sido bienvenidos con sus perros. ¿cómo usamos esta información? Muy sencillo: el equipo Dog Vivant comprueba que ese negocio existe, busca la dirección y el email genérico de contacto de este negocio y le avisa a través de un email de que ha sido recomendado. Si no lo encuentra, le llama para informarle. Se les explican las ventajas de la certificación. Se comparte el nombre de la persona que recomienda y en algunos casos las observaciones que incluya en su recomendación, pero no su email ni ningún otro tipo de dato sobre el usuario.

El establecimiento recomendado recibe un email con esta información, entendiendo que es de su interés conocer que ha sido recomendado y que su negocio estará público durante 3 meses en el apartado recomendados de su localidad en www.dogvivant.com. En cualquier momento puede solicitarnos que eliminemos su negocio, y en ningún caso recibirá correos publicitarios si no nos da permiso para incluirle en la newletter o decide convertirse en anfitrión certificado.

13.- JURISDICTION AND APPLICABLE LEGISLATION.

These Terms of Use are governed by Spanish legislation and any dispute concerning the validity, interpretation, execution or termination of their provisions shall be submitted to the exclusive competence of the Courts of Bilbao (Spain).