The website claudespark.com (hereinafter referred to as the "Site") belongs to the association Claudespark, which holds all rights to the Site. The Site is a virtual park where pet owners, pets and pet lovers can meet. It is a non-commercial, volunteer-based project with the sole purpose of helping pets, pet owners and pet lovers.

1. ACCEPTANCE OF TERMS OF USE AGREEMENT

By creating an account in our website, whether through a mobile device, mobile application or computer (collectively, the “Site”) you agree to be bound by these Terms of Use and our Privacy Policy. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and to the Site from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Website and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we're unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Site after the changes become effective, then you agree to the revised Agreement.

2. SCOPE OF APPLICATION

These terms and conditions of use apply to all services and offers available on the Site as well as to all activities of visitors and users (hereinafter referred to as "user" or "users") related to the Site.

3. RIGHTS AND OBLIGATIONS OF CLAUDESPARK.COM

Website

Claudespark.com strives to continuously improve the Site in order to adapt it to the needs and requirements of users. However, we reserve the right to change or delete features on the Site at any time without prior notice.

The Site and all of its contents are made available without warranty of fault. We do not warrant or guarantee that the information and content of the Site or on the Site (ours or that of users) is complete or error-free. Users acknowledge that downloading or downloading information and content from the Site is done at their own discretion and risk.

The Site or portions of our services may be temporarily unavailable for a variety of reasons.

We do our best to prevent unlawful use of our website by some users, but we cannot exclude the possibility of this happening. Any liability for such use is therefore excluded.

User content and behaviour

We are not obliged, but we are entitled, to verify or control the information and materials posted or transmitted or made available on the Site by users.

Furthermore, we are not responsible for the online or offline behaviour of users and do not accept either moral or material responsibility for their behaviour or for any behaviour or damaged caused by the users' pets.

However, we reserve the right, at our sole discretion, to conduct investigations in connection with the use of our Site and to take appropriate action against any person who violate the Prohibited Conduct and Inadmissible Content provisions of the Site;
actually or allegedly violate applicable laws;
take part in conduct that is scandalous, illegal or which may lead to violations of the rights of other persons or which may compromise or threaten their safety.

In such cases, we expressly reserve the right to remove information/material posted by users promptly and without notice and to prevent the user concerned from subsequently using the Site in any way.

4. USERS' RIGHTS AND OBLIGATIONS

The user must be at least 18 years old.

User content

Each user is solely responsible for the inclusion, transmission and/or provision of news, communications, texts, information and other content (hereinafter referred to as "User Content") in or on the Site.

Rules of conduct

The user as such acknowledges that he uses the platform conscientiously and in accordance with the rules. The user warrants and guarantees not to violate the relevant Swiss laws and in particular not to make available on the Site content of any kind that violates the rights of third parties or contains illegal material. In particular, the user undertakes not to use the Site for the following activities:
Ask to be paid for taking care of someone else animal;
Obtain or collect e-mail addresses or other information from the Site in order to contact other persons by using electronic or other means to send unsolicited e-mails or other unsolicited communications, in particular through telemarketing or other telephone contact;
Use automated scripts to collect information from the Site or other interactions with the Site;
Upload, post, transmit, make available or store content that we in our sole discretion deem harmful, threatening, infringing, abusive, harassing, obscene, misleading, violating data protection rights or personality rights, racist or otherwise scandalous or illegal;
private data of third parties, including addresses, telephone numbers, e-mail addresses and credit card codes;
unsolicited or unauthorised advertising, spam and the like;
content that would motivate a criminal offence, invite other persons to commit a criminal offence or instruct such persons to commit a criminal offence, or content that would violate the rights of third parties or otherwise motivate liability or violate national or international laws.
Entering content for a person other than oneself or impersonating another person or entity or misrepresenting one's person, falsely stating one's age or belonging to another person or entity;
Requesting information by means of passwords or personal data for commercial or illegal uses;
Conduct that is misleading, unfair and contrary to good faith and morals, such threatening other claudespark.com users.

If we have reasonable grounds to believe that a user is in breach of the provisions of these terms of use or that the conduct of the user's business is unfair, contrary to good faith or could otherwise be unlawful, in particular with regard to the truthfulness and transparency of the description of the goods or services actually offered, we reserve the right to take appropriate measures, in particular the blocking of accounts and the exclusion of users. In such cases, the user concerned has no claim against Claudespark.

Behaviour with other users

Users are personally responsible for their behaviour towards other users. However, we are entitled, but not obliged, to take such action as we, in our sole discretion, consider to be reasonable and appropriate.

We do not normally monitor communication between users; however, it takes place via our website and we are therefore entitled to block or delete without notice any messages from users where, in our opinion, this is necessary to protect other users or Claudespark. In such cases, we are also entitled, among other things, to delete certain words or phrases.

The decision as to whether or not to block or delete certain user communications rests solely with us at our own discretion.

5. SAFETY INTERACTIONS WITH OTHER USERS

You understand that the users are no professional animal caregivers.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT CLAUDESPARK.COM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. CLAUDESPARK.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF USERS.

6. USER CONTENT LICENCE

You hereby grant us a royalty-free, unrestricted, irrevocable, perpetual, simple, transferable and worldwide licence (with the right to grant sub-licences) to make any use (including reproduction, disclosure and any processing, including translation) of your content or any part thereof for any commercial purpose (whether now known or hereafter unknown) or other purpose (including advertising) in connection with the Site.

You may remove content that you have placed on the Site at any time. If you remove your content from the Site, the license granted above remains in effect. In particular, you acknowledge that we may retain archived copies of your content and that the licence previously granted remains in force for your archived content.

You warrant and guarantee that you have the right to grant this licence and you agree to fully indemnify claudespark.com against all claims in accordance with this clause 6.

7. PROPRIETARY RIGHTS

The Site contains content and technology of claudespark.com that may be protected by industrial property rights, such as copyright. You hereby acknowledge that, with the exception of any limited rights of use granted in these terms of use, all rights and claims arising from the Site and its content made available by us remain our property or that of any third party partners. By using images and texts on the Website, the user of claudespark.com grants the right to make these images and texts accessible on the Website and to allow other platforms to make them accessible in turn.

8. PROTECTION OF PERSONAL DATA

When collecting, storing and using personal data, we comply with the provisions of the applicable data protection laws. Please also refer to our data privacy policy.

9. LIABILITY

Responsibility of Claudespark

To the extent permitted by law, Claudespark excludes all liability for all damages arising out of or in connection with the use of the Site. This exclusion of liability also applies to subsidiaries of Claudespark, such as subsidiaries and their board members, directors, officers, suppliers, partners and employees.

User responsibility

You are personally responsible for your use of the Site and all your actions in connection therewith, including your conduct with other users.

The user undertakes to indemnify Claudespark and its subsidiaries as well as the members of the board of directors, managers, appointees, suppliers, partners and employees against all claims, costs and expenses, including the costs of any legal proceedings, in connection with the user's use of the website or his conduct with other users.

10. TERMINATION AND CHANGES

We reserve the right to temporarily discontinue, remove or replace any or all services on the Site.

11. LINK

We do not control or monitor the accuracy, adequacy or completeness of the sites linked to our Site. We cannot accept any liability for Internet sites that are accessible from our Site via links.

12. DISPUTE RESOLUTION / APPLICABLE LAW

Users agree to resolve any dispute between them and other users on their own in an amicable way. We will not interfere in such disputes and only provide information based on request or orders of competent Swiss authorities. In the event of a dispute with us (Association Claudespark) we shall seek to resolve the dispute in an amicable way. In any case Swiss substantive law shall apply.

Association Claudespark

Pfäffikon, April 2022

Version 2022/1.0