Dishpet.com - WEBSITE TERMS OF USE
1. ACCEPTANCE OF TERMS
Welcome to Dishpet.com, a Website operated by IL Mondo D.O.O. The Terms of Use set forth the rights and obligations of visitors to the Website, consumers who purchase our products, and IL Mondo D.O.O. The Terms of Use constitute a binding agreement that governs your use of this Website, and you are authorized to use our services and resources only if you agree to these Terms of Use. PLEASE NOTE: Your use of this Website constitutes your acceptance of these Terms of Use and the Privacy Policy incorporated in these Terms of Use.
You agree that we may modify these Terms of Use at any time, by posting the modified Terms on this Website. We will have no obligation to notify you of any such modifications, beyond posting the modified Terms on this Website. It is your responsibility to review these Terms of Use from time to time, to see if modifications have been made. Any modification is effective immediately upon posting on the Website. Your continued use of the Website following modification of these Terms of Use will be conclusively deemed to signify your acceptance of the modification.
2. DISHPET PROPRIETARY MATERIAL
The Dishpet.com Website is protected by Croatia and international copyright laws and treaties. The Website contains copyrighted material, trademarks and other proprietary information owned by Dishpet.com including but not limited to copyright numbers: D20100209-1, D20100209-2, D20100209-3, D20100209-4, D20100209-5, D20100209-6, D20100209-7, D20100209-8, D20100209-9, VAu001059633 ; which may include, but is not limited to text, data, photos, audio, video, graphics, images, music, sound and software (\"Dishpet Proprietary Material\"). You may not reproduce, distribute, modify, adapt, create derivative works of, display or in any way exploit the Dishpet Proprietary Material available on this Website, in whole or in part, without the advance written consent of IL Mondo D.O.O. Commercial use of any of the Dishpet Proprietary Material is strictly prohibited. Use of any of the trademarks on this Website as metatags on other Websites is also strictly prohibited. You may not display this Website in frames, or any of the Dishpet Proprietary Material via links, without our express written permission, which may be requested by contacting us.
3. VISITOR COMMUNICATIONS
By uploading files of any kind (including but not limited to), posting messages, text, data, photos, audio, video, graphics, images, music, sound or software, or engaging in any other form of communication to or through this Website (individually or collectively, \"Communications\"), you represent and warrant that you are the owner of these Communications and/or have all rights necessary to upload, post, transmit and otherwise use them for your intended purpose. You grant Dishpet.com a non-exclusive, irrevocable, perpetual, royalty-free, unrestricted, worldwide license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, include in a collective work, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your Communications, in any and all media now known or later developed. You agree that you will have no claim against IL Mondo D.O.O. for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with our use of your Communications.
You agree not to post on this Website any Communications that (a) violate or infringe upon the intellectual property rights (including copyrights, trademarks, trade secrets and patents), rights of privacy or publicity, moral rights or any other proprietary right of any third party, (b) are unlawful, obscene, pornographic, defamatory, sexually explicit, profane, threatening, racist, or are otherwise offensive or objectionable, (c) contain a virus, malware or other computer code designed to interrupt or impede the operation of any computer hardware, software or telecommunications equipment, or compromise or destroy any data, (d) falsely state or misrepresent your affiliation with any person or entity or contain false or misleading statements of fact, (e) contain any advertising or material of a commercial nature or (f) violate any applicable local, state, national or international law or regulation (individually and collectively, \\\"Prohibited Communications\\\").
You agree that we may decline to post and may edit, remove, or restrict access to Communications from you that we regard in our sole discretion as objectionable or in violation of these Terms of Use.
4. MEMBERSHIP
If you are a customer who would like to submit feedback, vote or otherwise communicate with Dishpet.com, you must be eighteen (18) years of age or older and become a Member of the Dishpet.com Website. Becoming a Member requires registration. You agree that the registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current.
When you have registered, you will receive a user id and password. You are responsible for maintaining the confidentiality of your user id and password, and are responsible for all activities that occur using your user id and password, whether or not expressly authorized by you. We will not be responsible for any damages resulting from the unauthorized use of your user id or password. You agree to notify us immediately of any such unauthorized use or any other breach of security.
You agree that we may suspend or terminate your access to this Website if you provide any information that is inaccurate, incomplete or not current, or we believe that such information is inaccurate, incomplete or not current, or you violate any of these Terms of Use.
5. DIGITAL MILLENNIUM COPYRIGHT ACT
Dishpet.com expects its users to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and it is our policy to restrict the access rights of repeat infringers. If you believe a work protected by a U.S. copyright you own has been posted on this Website without authorization, you may notify the Dishpet.com copyright agent, and provide the following information:
(a) A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
(b) Identification of the copyrighted work or works claimed to have been infringed; as well as proof of the copyrighted work, i.e. copyright number and documentation where registered.
(c) A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;
(d) Your address, telephone number and e-mail address;
(e) A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
6. PRIVACY POLICY
For information about our data protection practices, please read the Dishpet.com Privacy Policy at www.Dishpet.com. You agree to the use of your data in accordance with the Dishpet.com Privacy Policy.
7. PURCHASES
If you purchase Products through Dishpet.com, you agree to the purchasing policies set forth here.
8. E-MAIL
You may not send unsolicited e-mail to this Website or to anyone whose e-mail address includes the domain name used on this site. You may not use our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using this Website and you may not transmit to this Website e-mail that includes false or misleading information in the return address or in the subject line.
9. LINKS
This Website may contain links to Websites owned and operated by parties other than IL Mondo D.O.O. IL Mondo has no control over these third party Websites, is not responsible for their contents and makes no representations about any material available at these sites. Our inclusion of links to other Websites is for your information only and does not imply sponsorship, affiliation or endorsement of the linked site or any material found there. Please note that once you link to another website, you are subject to the terms of use of that Website.
10. TERMINATION
Dishpet.com may terminate your right to access this Website at any time in its sole discretion, with or without cause, and without notice to you.
11. DISCLAIMER OF WARRANTIES
THIS WEBSITE AND ALL PRODUCTS AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED \"AS IS\" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) ANY WARRANTY AS TO THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME), COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THIS WEBSITE, (B) ANY WARRANTY THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, AND (C) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL OR PRODUCTS PROVIDED BY OR THROUGH THIS WEBSITE RESTS WITH YOU, AND YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY, DISEASE OR DEATH THAT MAY RESULT FROM YOUR USE OF SUCH MATERIAL OR PRODUCTS.
12. LIMITATION OF LIABILITY
NEITHER Dishpet.com NOR ANY PARENT, SUBSIDIARY OR AFFILIATE, SUPPLIER, AGENT OR REPRESENTATIVE, SPONSOR, PARTNER, ADVERTISER OR LICENSORS, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, AND INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF (A) THE USE OR INABILITY TO USE THIS WEBSITE OR (B) INFORMATION, MATERIALS OR PRODUCTS AVAILABLE AT THIS WEBSITE, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU MUST BRING ANY CLAIM IN CONNECTION WITH YOUR USE OF THIS WEBSITE WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.
13. INDEMNITY.
You agree at your expense to defend, indemnify and hold harmless Dishpet.com, any parent, subsidiary or affiliate, their respective shareholders directors, officers and employees, agents, representatives, suppliers, and/or licensors, from and against any and all claims, demands, causes of action, debts or liabilities, (including costs and reasonable attorneys\\\' fees) arising out of your use of the Website, material you access, download, post, transmit or submit, your violation of these Terms of Use or the unauthorized use of your ID or password, or your violation of any rights of a third party.
14. ELIGIBILITY
Use of the Dishpet.com Website is void where prohibited. You represent that you are of legal age to form a binding contract with Dishpet.com and are not barred from using this Website by the laws of Croatia or the country in which you reside.
15. GENERAL
These Terms of Use, the Dishpet.com Privacy Policy and if you post an Artist Submission, the Artist Agreement, constitute the entire agreement between you and Dishpet.com and govern your use of this Website, superseding any prior or contemporaneous representations or agreements. All rights not otherwise expressly granted to you by these Terms of Use are reserved to Dishpet.com. All disputes arising out of or relating to these Terms of Use or our operation of this Website shall be governed by the laws of the State of New York and of Croatia without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York, provided that Dishpet.com shall be entitled to apply for injunctive relief in any jurisdiction. The failure of Dishpet.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should give effect to the parties' intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or the Terms of Use must be filed within 6 months after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
EFFECTIVE DATE
This Legal Policy is effective 09/02/2023.