Terms of Use

READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website www. www.docsurfdogs.com (“our site”).

Who we are and how to contact us www.docsurfdogs.com is a site operated by OpenArtSurgery Limited ("We").

We are registered in England and Wales under company number 09442415 and our registered office is at Woodingdean Medical Centre, Warren Road, Brighton, East Sussex, United Kingdom, BN2 6BA.

We are a limited, not-for-profit company.

To contact us, please visit the Contact page at https://www.docsurfdogs.com/contact-5

By using our site you accept these terms

By using our site or interacting with our games, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our games, our communities’ needs, our partners/collaborators, and our business priorities, not to mention covering news about OpenArtSurgery.

We may suspend or withdraw our site

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any planned suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You must keep any account details safe Should we introduce any functionality which requires logging in to access any parts of our website, if you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us or to withdraw access by any other means, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or you fail to act in accordance with generally acceptable behaviour. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us through the Contact page at https://www.docsurfdogs.com/contact-5

How you may use our material

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, as well as in the games that we may develop or have developed. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use (and this includes downloading any wallpapers or gameplay manuals contained within the site).

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site and in our games must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Information on this site and in our games The content on our site and in our games is provided for general information only. It is not intended to amount to advice on which you should rely. If appropriate, you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site or in our games.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

No representation or warranty is made as to whether the our site complies with the laws of any other country outside of the United Kingdom.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by our licensors or other third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

We will not be liable for any failure to perform any obligation which we may be under if that failure is caused by the occurrence of an event beyond our reasonable control.

• Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

• If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: o use of, or inability to use, our site or our games; or o use of or reliance on any content displayed on our site or in our games.

• In particular, we will not be liable for:

o loss of profits, sales, business, or revenue;

o business interruption; o loss of business opportunity, goodwill or reputation; or

o any indirect or consequential loss or damage.

• If you are a consumer user:

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. • If defective digital content that we have supplied or made available, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice (or advice by any of our digital supply partners or platforms) to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download or installation instructions or to have in place the minimum system requirements advised by us.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site or our games will be secure or free from bugs or viruses. You are responsible for configuring your information technology equipment, computer programmes and platform to access our site.

You should use your own virus protection software. You must not misuse our site or our games by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or our games, the server on which our site and games are stored or any server, computer or database connected to our site or games.

You must not attack our site or attempt to interfere with our games via a denial-of-service attack or a distributed denial-of service attack or any other kind of attack. By breaching this provision, you would 4 commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page or our press releases or news articles, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you or for which you are not employed or appointed by. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page, press releases or news articles.

We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact us via the Contact page at https://www.docsurfdogs.com/contact-5

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. Other rules will apply if you are accessing our site from outside the United Kingdom. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Trade marks used within our site OpenArtSurgery.org is a registered trade marks of Darren Emilianos, registered in the UK under registration number UK00003074426. “docsurfdogs” and the docsurfdogs logo are unregistered trade marks. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under “How you may use material on our site” above.

All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them

Disclaimers

Information on this site and in our games

The content on our site and in our games is provided for general information only. It is not intended to amount to advice on which you should rely. If appropriate, you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site or in our games.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

No representation or warranty is made as to whether the our site complies with the laws of any other country outside of the United Kingdom.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by our licensors or other third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

We will not be liable for any failure to perform any obligation which we may be under if that failure is caused by the occurrence of an event beyond our reasonable control.

• Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

• If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: o use of, or inability to use, our site or our games; or o use of or reliance on any content displayed on our site or in our games.

• In particular, we will not be liable for:

o loss of profits, sales, business, or revenue;

o business interruption; o loss of business opportunity, goodwill or reputation; or

o any indirect or consequential loss or damage.

• If you are a consumer user:

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. • If defective digital content that we have supplied or made available, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice (or advice by any of our digital supply partners or platforms) to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download or installation instructions or to have in place the minimum system requirements advised by us.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site or our games will be secure or free from bugs or viruses. You are responsible for configuring your information technology equipment, computer programmes and platform to access our site.

You should use your own virus protection software. You must not misuse our site or our games by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or our games, the server on which our site and games are stored or any server, computer or database connected to our site or games.

You must not attack our site or attempt to interfere with our games via a denial-of-service attack or a distributed denial-of service attack or any other kind of attack. By breaching this provision, you would 4 commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page or our press releases or news articles, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you or for which you are not employed or appointed by. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page, press releases or news articles.

We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact us via the Contact page at https://www.docsurfdogs.com/contact-5

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. Other rules will apply if you are accessing our site from outside the United Kingdom. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.