Terms of Service
These Terms govern
the use of Junior the Cat, and,
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
-------------------- Owner contact email: tobyandjunior@gmail.com
"Junior the Cat" refers to
this GitBook subdomain and any other website through which the Owner makes its Service available;
applications for mobile, tablet and other smart device systems;
the Application Program Interfaces (API);
the Service;
What the User should know at a glance
Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
Usage of Junior the Cat and the Service is age restricted, as detailed in the relevant section of this document.
The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
Minors may access Junior the Cat and use its Service only under parental or adult supervision.
Terms of Use
Unless otherwise specified, the terms of use detailed in this section apply generally when using Junior the Cat.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using Junior the Cat, Users confirm to meet the following requirements:
There are no restrictions for Users in terms of being Consumers or Business Users;
Users must be of age as per Discord's Terms of Service and Community Guidelines;
Minors may only use Junior the Cat under parental or adult supervision;
Content on Junior the Cat
Unless where otherwise specified or clearly recognizable, all content available on Junior the Cat is owned or provided by the Owner, its licensors or is free for commercial use.
The Owner undertakes its utmost effort to ensure that the content provided on Junior the Cat infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on Junior the Cat - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Junior the Cat, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on Junior the Cat, the User may download, copy and/or share some content available through Junior the Cat for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through Junior the Cat Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
In particular, on Junior Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via Junior the Cat. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.
The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
Acceptable use
Junior the Cat and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of Junior the Cat and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to Junior the Cat or the Service, terminating contracts, reporting any misconduct performed through Junior the Cat or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:
Conduct restrictions
pretending to fulfill any possible condition or requirements for accessing Junior the Cat and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on Junior the Cat;
probing, scanning or testing the vulnerability of Junior the Cat, including the services or any network connected to the website, nor breaching the security or authentication measures on Junior the Cat, including the services or any network connected to Junior the Cat;
installing, embedding, uploading or otherwise incorporating any malware into or via Junior the Cat;
using Junior the Cat or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on Junior the Cat or the Service;
pretending to purchase any Products offered via Junior the Cat without any real intent to do so;
failing to pay for Products purchased;
Excessive use of the Service
using a resource of Junior the Cat excessively in relation to other Users of Junior the Cat – in such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;
Excessive use of the API
sending abusive or excessively frequent requests to the Service via the API. The Owner will determine what constitutes abuse or excessive usage of the API and additionally reserves the right to temporarily or permanently suspend access to the API by the User. In such cases, the Owner will make a reasonable attempt to alert the User prior to suspension;
Scraping
adopting any automated process to extract, harvest or scrape information, data and/or content from Junior the Cat and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;
Content restrictions
disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
disseminating or publishing any content that is false or may create unjustified alarm;
using Junior the Cat to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;
using Junior the Cat to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of Junior the Cat or another User's experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.;
User protection
misappropriating any account in use by another User;
harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on Junior the Cat or by any other means;
using any information relating to other Users, including personal or contact data, for purposes other than those Junior the Cat is intended for;
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Junior the Cat and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of Junior the Cat.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Junior the Cat are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Junior the Cat are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of Junior the Cat must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Junior the Cat or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
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