myBuddy pet app®

LEGAL NOTICE

GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE PROVISION
Definitions:

• Customer: means any non-merchant physical person aged at least 18 years old and making orders for products for private use and having an account on the MEDI-PRODUCTIONS website or application.

• Order: any commitment by a Customer to purchase Products and/or Services.

• Product(s): means the Products marketed by MEDI-PRODUCTIONS on the myBuddy pet app®™ Websites and or the myBuddy pet app®™ Mobile Application.

• Service(s): means the Services offered by MEDI-PRODUCTIONS on the myBuddy pet app®™ Websites and or the myBuddy pet app®™ Mobile Application.

• User name: means the e-mail address required to identify a Customer on the myBuddy pet app®™ Websites and on the myBuddy pet app®™ Mobile Application in order to access the Customer’s account.

• Password: means the succession of characters that a Customer must keep secret and which, along with his/her User name, allows the Customer to access his/her account.

• myBuddy pet app®™ Websites: means the whole website and the website adapted to the mobile device (such as smartphones and tablets) formats of MEDI-PRODUCTIONS.

• myBuddy pet app®™ Mobile Application: means the MEDI-PRODUCTIONS program, which is downloadable and executable from a mobile device operating system (such as a smartphone or tablet).

• Intellectual Property Rights: means all intellectual property rights (including, but not limited to, trademarks, designs and models, patents, copyrights) with respect to the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application.

Article 1. Purpose of the general terms and conditions of sale and service provision

These general terms and conditions of sale and service provision govern the contractual relationship between MEDI-PRODUCTIONS and its Customers for any purchase of Products or Services made on the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application.

By using the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application to place an Order, Customer accepts all of the following terms and conditions, and agrees to comply fully with all such terms and conditions.

Article 2. Changes to the general terms and conditions of sale and service provision

MEDI-PRODUCTIONS reserves the right to modify or amend these general terms and conditions of sale and service provision at any time. Any such modification or amendment will be effective for all Customers immediately upon publication and shall apply to all Orders submitted after publication.

If Customer does not accept the amended terms, Customer shall close Customer’s account and cease using the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application, without any refund or consideration due from MEDI-PRODUCTIONS to Customer.

Article 3. Products

The Products covered by these general terms and conditions of sale and service provision are data sheets made and marketed by MEDI-PRODUCTIONS and which are in the form of digital files accessible, after purchase, on the Customer's account.

The Customer indicates the essential characteristics of the Products and their prices on the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application before purchase. All sales of Products are final.

Article 4. Service

The Service covered by these general terms and conditions of sale and service provision is the provision by MEDI-PRODUCTIONS of a helpline via an "SOS myBuddy pet app®™" call center, which allows Customers to make emergency calls 24/7 to on-call veterinarians.

The Service offered by MEDI-PRODUCTIONS consists of creating a direct link with this helpline via a tab made available to the Customer, allowing him/her to initiate an emergency call. The advice given during these telephone conversations is provided by third parties and not by MEDI-PRODUCTIONS itself. MEDI-PRODUCTIONS makes no representation that any service provided hereunder will be available at any given time and the user agrees to indemnify and hold MEDI-PRODUCTIONS harmless in the event of any liability accruing as a result of the inability to be able to access any service or resulting from any assistance provided by any third party provider of information herein.

Essential characteristics of the Service and its price are indicated on the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application before purchase by the Customer.

Article. 5. Order process and validation

To place an Order on the myBuddy pet app®™ Websites and/or on the myBuddy pet app®™ Mobile Application:

‐ The Customer must go to the myBuddy pet app®™ Websites and/or the myBuddy pet app®™ Mobile Application previously downloaded from the Apple Store or Google Play and accessible through the following links:

https://itunes.apple.com/gb/app/my-buddy-pet-app/id1083419601 and
https://play.google.com/store/apps/details?id=com.mediproductions.mybuddy

‐ The Customer must log in by creating an account through a form to be completed with the following details: the Customer's last name, first name, email address, mobile and/or home phone number, marital status, information about the Customer's pet, the Customer's User name and Password; or, if the account is already created, the Customer must enter his/her User name and Password in the spaces provided for this purpose;

‐ Prior to placing any Order, the Customer has the option to purchase virtual currency called "myBuddy pet app® Credits" in any amount he/she wishes through the Apple Store or Google Play platform, accessible via a link provided on the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application. In this case, the "myBuddy pet app® Credits" virtual currency purchased by the Customer will appear in the Customer's "myBuddy pet app® Credits" account;

‐ The Customer must go to the "Order" tab and select the Product(s) and/or the Service(s) desired, and add them to the shopping cart;

‐ Once the Product(s) and/or Service(s) are selected, the Customer must go to the Order summary where he/she will be able to modify it with a simple click;

‐ Once the shopping cart is validated, the Customer is directed to the Apple Store or Google Play platform to purchase "myBuddy pet app® Credits" virtual currency in the event that the Customer does not yet have such virtual currency in its "myBuddy pet app® Credits" account. This virtual currency must be purchased by the Customer through the Apple Store or Google Play, namely using a credit card depending on the amount necessary to complete the purchase of the Product(s) and/or Service(s) desired on the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application;

‐ Once the virtual currency has been purchased, or if the Customer's "myBuddy pet app® Credits" account has sufficient funds, the Customer can complete the Order of the Product(s) and/or Service(s) selected:

 By making the payment for the Product(s) and/or Service(s) selected using the "myBuddy pet app® Credits" virtual currency;
 By accepting these general terms and conditions of sale and service provision by checking a box for this purpose, located next to a hyperlink which redirects to said general terms and conditions of sale and service provision;

Once the Order is validated, it cannot be cancelled, rescinded, modified or otherwise changed. No refunds shall be given for any reason other than the provision of a defective product or service, in which case the limit of liability shall be the refund of the amount paid for the product or service.

The Order confirmation may be viewed by the Customer directly online and will be sent to the Customer by email to the email address specified by the Customer in the registration form, along with a copy of the invoice and general terms and conditions of sale and service provision.

This Order confirmation will acknowledge receipt of the Order.

The Customer will thus have access to the Product(s) and/or Service(s) subject matter of the Order by logging onto his/her account with his/her User name and Password.

As regards the Products, the Customer will have access to a hyperlink, once the Order is placed, directing him/her to a page where he/she can view online the files purchased, without the possibility of downloading them. Access to the Products is available to the Customer only and personally, and is valid indefinitely, until the termination of this Agreement by any party hereto, on the understanding that no copy or transfer of the data contained in these files is authorized by MEDI-PRODUCTIONS.

As regards the Services, the Customer will have access to a tab allowing him/her to contact the "SOS myBuddy pet app®™" service directly once the Order has been placed; the Customer will be able to make emergency calls, the number and duration of which will vary depending on the amount of calling credit purchased with the "myBuddy pet app® Credits" virtual currency that the Customer will have purchased beforehand through the Apple store or Google Play. MEDI-PRODUCTIONS make no representation that any service provided hereunder will be available at any given time and the Customer agrees to indemnify and hold MEDI-PRODUCTIONS harmless in the event of any liability accruing as a result of the inability to be able to access any service or resulting from any assistance provided by any third party provider of information herein.

Article 6. The Customer's lack of right of withdrawal

Purchases of Products and Services are considered to be firm and final and shall not give rise to any exchange or refund or the exercise of a right of withdrawal, except in cases of nonconformity or malfunction of the Products and in case of non-performance or improper performance of the Services on the part of MEDI-PRODUCTIONS.

The right of withdrawal within 14 days under Article L.121-21 of the French Consumer Code is not applicable to the Products and Services offered by MEDI-PRODUCTIONS since:

- the Order has been validated and
- the Products have been made available to the Customer, or
- the Service has immediately been performed; in this case, the Customer has been given direct and immediate access to the "SOS myBuddy pet app®™" service via a tab, which allows the Customer to make emergency calls.

Indeed, under Article L.121-21-8 of the French Consumer Code, the right of withdrawal may be exercised for the following types of contracts:

‐ contracts for the provision of services fully performed before the end of the withdrawal period and whose performance began after the consumer's prior express consent and expressly waiving his/her right of withdrawal;

‐ contracts for the provision of digital content not provided on a tangible medium and whose performance began after the Customer's prior express consent and expressly waiving his/her right of withdrawal;
By accepting these general terms and conditions of sale and service provision, the Customer expressly waives his/her right of withdrawal and agrees to the immediate performance of the Service or the immediate availability of the Product.

Article 7. Price and payment terms

MEDI-PRODUCTIONS reserves the right to change the price of any Product or Service at any time, on the understanding that the price of each Product and Service is set by prevailing market forces when the Order is placed.

The prices of the Products and Services are in [euros/dollars] and always include all taxes.

Payment for Products or Services must be made using a virtual currency called "myBuddy pet app® Credits." Customers may purchase myBuddy pet app® Credits through the Apple Store or Google Play platforms, a link to which is provided on the myBuddy pet app®™ Websites and on the myBuddy pet app®™ Mobile Application.

Article 8. Disclaimer of Warranties

8.1 CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE myBuddy pet app®™ WEBSITES AND THE myBuddy pet app®™ MOBILE APPLICATION IS AT CUSTOMER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH CUSTOMER.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCESS TO AND USE OF THE myBuddy pet app®™ WEBSITES AND THE myBuddy pet app®™ MOBILE APPLICATION, AND ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITES OR APPLICATION, ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MEDI-PRODUCTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITES, APPLICATION, PRODUCTS AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
8.3 MEDI-PRODUCTIONS DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE WEBSITES OR APPICATION, THAT THE PRODUCTS OR SERVICES WILL MEET THE CUSTOMER’S REQUIREMENTS, THAT THE OPERATION OF THE WEBSITES OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITES OR APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED THROUGH THE myBuddy pet app®™ WEBSITES AND THE myBuddy pet app®™ MOBILE APPLICATION SHALL CREATE ANY WARRANTY WHATSOEVER.

8.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY UNDER CERTAIN CIRCUMSTANCES TO SPECIFIC CUSTOMERS.

Article 9. Liabilities

Placing an Order online implies the Customer acknowledges and accepts the characteristics and limitations of the Internet.

As such, MEDI-PRODUCTIONS shall not be held liable, particularly as regards:

‐ the technical performance or malfunctions;
‐ the response time to consult, examine or transfer information;
‐ service interruptions due to the characteristics and limitations of the Internet;
‐ the lack of protection of certain data against misappropriation, intrusion and the risk of contamination by viruses circulating on the Internet, or the hacking of the Customer's data.

It is the Customer's responsibility to take all appropriate measures so as to protect his/her data, programs and files.

MEDI-PRODUCTIONS cannot be held responsible for any damage that may result from the aforementioned risks such as loss of data or damage to computer equipment.

Moreover, MEDI-PRODUCTIONS shall not be held responsible for:

‐ Failure to receive the data related to placing the Customer's Order for any reason whatsoever (Internet connection problems);
‐ Receipt of any data related to placing the Customer's Order that is incomplete, illegible or impossible to process;

MEDI-PRODUCTIONS shall not be held liable for improper use of the Product(s) ordered and, in particular, in case of any misinterpretation of the information provided by MEDI-PRODUCTIONS contained in the Products; the implementation of the technical, scientific, or medical advice or any information contained in the Products requires, in all cases, the prior opinion of a veterinarian and said veterinarian's examination of the animal concerned.

MEDI-PRODUCTIONS shall not be held liable for any advice given by the "SOS myBuddy pet app® ™" service, which MEDI-PRODUCTIONS simply provided the Customers over the telephone.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MEDI-PRODUCTIONS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OR INABILITY TO USE THE myBuddy pet app®™ WEBSITES AND THE myBuddy pet app®™ MOBILE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE). SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY MAY NOT APPLY TO CERTAIN CUSTOMERS UNDER SPECIFIC CIRCUMSTANCES.

In no event shall MEDI-PRODUCTIONS total liability to any Customer for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).

Article 10. Intellectual property

MEDI-PRODUCTIONS is the exclusive owner of all the Intellectual Property Rights relating to the Products, Services and the structure and contents of the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application, unless explicitly stated otherwise.

Sale of the Products and Services does not in any way transfer, to the benefit of the Customer, the Intellectual Property Rights attached to the Products and Services that is exclusively held by MEDI-PRODUCTIONS.

Any reproduction, exploitation, distribution or use for any purpose whatsoever, even partially, of all or part of the Intellectual Property Rights attached:

‐ to MEDI-PRODUCTIONS' Products,
‐ to MEDI-PRODUCTIONS' Services,
‐ to the structure and content of MEDI-PRODUCTIONS' myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application, whether visual or audio (including text, comments, illustrations, logos, iconographic documents, videos, animations),

without the express prior consent of MEDI-PRODUCTIONS is prohibited.

These actions would be likely to constitute infringement of the Intellectual Property Rights as defined in Articles L. 335-2 et seq, L.515-1 et seq, L.521-1 et seq, L.615-1 et seq, L.615-12 et seq, and L. 716-1 et seq of the French Code of Intellectual Property, and US and International Copyright and Trademark law. All rights are reserved worldwide.

Customers expressly agree not to reverse engineer MEDI-PRODUCTIONS software.

The license to use granted hereunder does NOT convey any ownership in any of MEDI-PRODUCTIONS intellectual property, or any right to use any of this property in any manner for any purpose not specifically permitted by this Agreement.

The Products consist of digital content protected by Intellectual Property Rights including copyright, and are strictly intended for personal and private use only.

Users are therefore not authorized to reproduce, represent or market the Products apart from the following cases:
 private copying (the Products are strictly intended for personal and private use only);
 representation within the family circle.

The Customer expressly undertakes to keep confidential the hyperlink to be sent to him/her giving access to the Product(s) and not to communicate it in any form whatsoever to a third party.

Article 11. Collection and use of Customer data

By accessing the myBuddy pet app®™ Websites and downloading and installing the myBuddy pet app®™ Mobile Application, Customer agrees that MEDI-PRODUCTIONS may collect and use technical data and related information, including but not limited to technical information about Customer’s device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to Customer (if any) related to the application. MEDI-PRODUCTIONS may use this information, as long as it is in a form that does not personally identify Customer to any party (other than MEDI-PRODUCTIONS, its affiliates and partners), to improve its products or to provide services or technologies to Customer.

Article 12. Settlement of disputes and applicable law

Any dispute concerning the interpretation and execution of these general terms and conditions of sale and service provision is subject to French law.

In the event of dispute, including on the interpretation or execution of these general terms and conditions of sale and service provision, it is agreed that the Customer and MEDI-PRODUCTIONS shall consult with each other in order to reach an amicable agreement.

To this end, MEDI-PRODUCTIONS offers Customers a customer service department, which can be reached as follows:
- By e-mail at the following address: info@mybuddypetapp.com
- By ordinary mail at the following address: MEDI-PRODUCTIONS, 5 rue Sainte Claire, 87000 Limoges, FRANCE,

Failing an amicable agreement directly with the customer service department of MEDI-PRODUCTIONS, or in the absence of a response from this department within a period of two months, the Customer may submit the dispute to an arbitrator who will try to reconcile the parties with a view to reaching an amicable solution.

The contracting parties remain free to accept or reject the use of arbitration and, in the case of using arbitration, to accept or reject the resolution proposed by the arbitrator.

Failing an amicable resolution, any objection or dispute concerning the interpretation and/or execution of these general terms and conditions of sale and service provision shall be brought, at the plaintiff's option (MEDI-PRODUCTIONS or the Customer), before the courts in the defendant's place of domicile, or in the place of actual delivery of the Product, or in the place of performance of the Service.

Article 13. Termination

This license is effective until terminated by MEDI-PRODUCTIONS. Customer’s rights under this license will terminate automatically without notice from MEDI-PRODUCTIONS if Customer fails to comply with any term hereof. Upon termination of this license, Customer shall immediately cease all use of the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application.

GENERAL TERMS AND CONDITIONS FOR USE OF THE myBuddy pet app®™ WEBSITES AND MOBILE APPLICATION
Last update: 9/6/2016
Definitions:
GTCU: refers to these General Terms and Conditions for Use.
Information: refers to all the information, documents and publications accessible via the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application.
Intellectual Property Rights: refers to all intellectual property rights (including, but not limited to, trademarks, designs and models, patents, copyrights) with respect to the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application.
myBuddy pet app®™ Websites: refers to the following together:
‐ Publisher's website,
‐ Publisher's website adapted to formats suitable for mobile devices (such as smartphones and tablets).
myBuddy pet app®™ Mobile Application: refers to Publisher's program, which is downloadable and executable from a mobile device operating system (such as a smartphone or tablet).
Password: means the succession of characters that a User must keep secret and which, along with their User Name, allow the User to access their account.
Publisher: refers to the company MEDI-PRODUCTIONS.
Services: refers to all the free or paid online services, relating to the health and well-being of pets, offered to Users on the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application, which may include:
‐ An electronic diary a User can maintain about their pets (especially including the medical or other appointments, the purchase of Products or Services on the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application or offered by the partners of Publisher, health reminders and information);

‐ A service for purchasing digital files sold by the Publisher, and governed by the general terms and conditions of sale and service provision which can be accessed by clicking here;

‐ A helpline for emergency phone calls about pet health and welfare, governed by the general terms and conditions of sale and service provision, which can be accessed by clicking here.
User(s): refers to internet users, pet owners, who make use of the Publisher's myBuddy pet app®™ Websites and Mobile Application.
User Name: means the e-mail address required to identify a User on the myBuddy pet app®™ Websites and on the myBuddy pet app®™ Mobile Application in order to access a User’s account.

These GTCU are intended to define the terms and conditions according to which, on the one hand, the Publisher makes the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application available to Users, and, on the other hand, the manner in which Users access the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application and use the Services.
Any use of the myBuddy pet app®™ Websites and to the myBuddy pet app®™ Mobile Application is subject to compliance with the GTCU.
When registering, Users must ensure that they have read these GTCU thoroughly and accepted them. To validly accept these GTCU, Users must check the box "I declare that I am over the age of 18 and have read and accepted the general terms and conditions for use of myBuddy pet app®™.”
Article 1: Purpose of the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application
1.1 The purpose of the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application is to enable access to the Services.
Article 2: License to use
2.1 The Publisher grants User a revocable, nontransferable, non-assignable, non-exclusive license to use the myBuddy pet app®™ Websites, the myBuddy pet app®™ Mobile Application and Services in accordance with the terms and conditions set forth herein.
2.2 This license does not allow User to use the myBuddy pet app®™ Mobile Application on any device that User does not own or control, and User may not distribute or make the myBuddy pet app®™ Mobile Application available over a network where it could be used by multiple devices at the same time.

2.3 User may not rent, lease, lend, sell, redistribute or sublicense the myBuddy pet app®™ Mobile Application. User may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the myBuddy pet app®™ Mobile Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the myBuddy pet app®™ Mobile Application).
2.4 The terms of these GTCU will govern any upgrades provided by the Publisher that replace and/or supplement the original myBuddy pet app®™ Mobile Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2.5 The Publisher reserves the right to modify these GTCU at any time without notice.

Article 3: Registration on the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application
3.1 In order to use the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application, Users must register and make a payment.
3.2 Users must download the application from the Apple Store or Google Play platforms before they can register and access all the services offered on the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application.
3.3 To register, a User must complete an online form in which they provide data enabling them to be identified (first and last name(s), marital status, email address, phone number) and information about their pet. Each User must choose a Password and User Name in order to open an account on the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application. Each User must validate the online form and read these GTCU before confirming that they agree to them by checking a box. Once the form is validated and the GTCU have been accepted, each User must check and confirm all of this information one more time. Once this is done, a User's account is created and a confirmation email for the creation of the account is sent to the User.
Article 4: Access to the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application
4.1 The myBuddy pet app®™ Websites and myBuddy pet app®™ Mobile Application are intended to be accessible 24/7, except in cases of force majeure or the occurrence of an event that is beyond the Publisher's control, and subject to any breakdowns and maintenance operations, updates and technical improvements of the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application intended for the uninterrupted operation of the myBuddy pet app®™ Websites, the myBuddy pet app®™ Mobile Application and Services. However, the Publisher does not guaranty that the myBuddy pet app®™ Websites and myBuddy pet app®™ Mobile Application will, in fact, be available to Users at all times.
4.2 Maintenance work, updates or technical improvements may be undertaken at any time, without notice to User, and the Publisher may suspend and/or temporarily or permanently modify access to and/or use of the myBuddy pet app®™ Websites, the myBuddy pet app®™ Mobile Application and Services at any time for any reason.
4.3 The Publisher shall not be held liable for any User’s inability to access or use the myBuddy pet app®™ Websites, the myBuddy pet app®™ Mobile Application or the Services for any reason. The User agrees to indemnify and hold the Publisher harmless in the event of any liability accruing as a result of the inability to be able to access any service or resulting from any assistance provided by any third party provider of information through the myBuddy pet app®™ Websites, the myBuddy pet app®™ Mobile Application or the Services.
4.4 By downloading and installing the myBuddy pet app®™ Mobile Application, User agrees that the Publisher and its partners may collect and use technical data and related information, including but not limited to technical information about each User’s device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of updates, product support and other services to User. The Publisher and its partners may use this information, as long as it is in a form that does not personally identify any User to any party to improve its products or to provide services or technologies to Users.
Article 5: Responsibility of the Users
5.1 The equipment and material means enabling access to the myBuddy pet app®™ Websites, the myBuddy pet app®™ Mobile Application and the Services are the sole responsibility of the Users. Users shall bear the telecommunications costs involved for accessing and consulting the myBuddy pet app®™ Websites, the myBuddy pet app®™ Mobile Application and the Services.
5.2 Users are solely responsible for their computer hardware, data and software as well as for connecting to the network allowing them to have access to the myBuddy pet app®™ Websites, the myBuddy pet app®™ Mobile Application and the Services. Users are solely responsible for ensuring the compatibility of their computer hardware and equipment, software and connection to the myBuddy pet app®™ Websites, the myBuddy pet app®™ Mobile Application and the Services.
5.3 Use of the myBuddy pet app®™ Websites, the myBuddy pet app®™ Mobile Application and the Services implies that Users are aware of and accept the characteristics and limitations of the Internet and operating systems of the myBuddy pet app®™ Websites and myBuddy pet app®™ Mobile Application. As such, the Publisher shall not be held liable for:
‐ malfunctions in the Users' Internet connection,
‐ the response time to consult, examine or transfer information,
‐ interruptions in service due to the limitations of the Internet;
‐ the lack of protection of certain data against misappropriation, intrusion and the risk of contamination by viruses circulating on the Internet, or hacking.
5.4 It is the User's responsibility to take all appropriate measures so as to protect his/her data, programs and files. Therefore, the Publisher shall not be held liable for any damage to hardware, software or data that the any User may suffer due to the use of the myBuddy pet app®™ Websites, the myBuddy pet app®™ Mobile Application or the Services.
5.5 Users are solely responsible for updates to the successive versions of the Publisher's Mobile Applications.
5.6 Users are responsible for the use of any third-party sites to which they may have had access through the myBuddy pet app®™ Websites and the Publisher's myBuddy pet app®™ Mobile Application. Whenever Users access and use third-party websites, they shall comply with the general terms and conditions for use of those websites and the Publisher shall not be responsible for the content of any third-party websites.
5.7 Users who establish a hyperlink to the Publisher's myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application recognize the Publisher's right to demand that it be deleted for any reason or no reason in Publisher’s sole discretion. Users who wish to publish a hyperlink on other websites redirecting to the Services offered on the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application and which are reserved for their own personal use and/or whose access is restricted and requires payment, must obtain prior authorization from the Publisher.
5.8 Users agree not to interfere with or disrupt the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application in any way whatsoever, including by transmitting content that contains computer viruses or other malicious programs or, in general, by engaging in any activities that constitute cybercrime.
5.9 Users agree not to impersonate any individual person or entity both during the registration stage as well as when using the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application, or otherwise engage in any fraudulent conduct while registering with, or using, the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application.
5.10 myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application are subject to US and International Copyright law. All rights are reserved worldwide.
Article 6: Intellectual property
6.1 The general structure of the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application, as well as their text, graphics, images, audio and video components, are the property of the Publisher or its partners, and over which said Publisher and partners hold the Intellectual Property Rights.
6.2 Any representation and/or reproduction and/or partial or total use of the content and services offered by the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application, by any means whatsoever, without the Publisher's and/or its partners' prior written authorization, is strictly prohibited and may constitute an infringement under Articles L. 335-2 et seq, L.515-1 et seq, L.521-1 et seq, L.615-1 et seq, L.615-12 et seq, and Articles L. 716-1 et seq of the French Code of Intellectual Property.
6.3 Users are not authorized to reproduce, represent or market any such content except in the following, limited cases:
‐ private copy (you can print the pages of the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application for your own personal use);
‐ representation within the context of the family circle (Users can represent the pages of the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application in a family or friendly context).
Article 7: Contact
Users of the myBuddy pet app®™ Websites, the myBuddy pet app®™ Mobile Application and the Services may contact the Publisher by mail at the following address MEDI PRODUCTIONS, 5 RUE SAINTE CLAIRE - 87000 LIMOGES, FRANCE, or by email at the following email address: info@mybuddypetapp.com
Article 8: Applicable law
8.1 Any dispute related to the interpretation and the implementation of these GTCU shall be subject to French law.
8.2 In the event of dispute, notably on the interpretation or implementation of these GTCU, it is agreed that the Users and the Publisher shall consult with each other in order to reach an amicable agreement.
8.3 To this end, the Publisher offers Users a customer service department, which can be reached as follows:
- By e-mail at the following address: info@mybuddypetapp.com
- By ordinary mail at the following address: MEDI-PRODUCTIONS, 5 rue Sainte Claire, 87000 Limoges, FRANCE
- Failing an amicable agreement directly with the customer service department of the Publisher, or in the absence of a response from this department within a period of two months, the User may submit the dispute to an arbitrator who will try to reconcile the parties with a view to reaching an amicable resolution.
The Publisher and User remain free to accept or reject the use of arbitration and, in the case of using arbitration, to accept or reject the resolution proposed by the arbitrator.
8.4 Failing amicable resolution, any challenge or dispute concerning the interpretation and/or implementation of the GTCU shall be brought before the court in the defendant's place of domicile.
8.5 If any provision of these GTCU are deemed invalid or unenforceable under any law, regulation or following a final court decision, such provision would be deemed unwritten and the other provisions would remain in force.
8.6 USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE myBuddy pet app®™ WEBSITES AND THE myBuddy pet app®™ MOBILE APPLICATION IS AT USER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH USER.
8.7 EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL PUBLISHER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO USER’S USE OR INABILITY TO USE THE myBuddy pet app®™ WEBSITES AND THE myBuddy pet app®™ MOBILE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE). SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY MAY NOT APPLY TO CERTAIN USER UNDER SPECIFIC CIRCUMSTANCES.
8.8 In no event shall Publisher’s total liability to any User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
Article 9: Termination
This license is effective until terminated by Publisher. User’s rights under this license will terminate automatically without notice from Publisher if User fails to comply with any term hereof. Upon termination of this license, User shall immediately cease all use of the myBuddy pet app®™ Websites and the myBuddy pet app®™ Mobile Application.