BUTTERNUT BOX TERMS OF USE

 
About Us
Who we are. www.butternutbox.com is a website (the “Site”) operated by Dogmates Ltd (“we”, “us”) a company registered in England and Wales under company number 9328607 and with its registered office at 9th Floor 107 Cheapside, London, EC2V 6DN. Our UK VAT number is 211467045. Sales in the Republic of Ireland and Northern Ireland are made through Dogmates Ltd's subsidiary Dogmates (Ireland) Ltd, a company registered in the Republic of Ireland under company number 698475 and with its registered office at Suite 4.01, Ormond Building, 31-36 Ormond Quay Upper, Arran Quay, Dublin, D07 F6DC. Our Irish VAT number is 3778230NH.


By using our Site you accept these Terms
By using our Site, 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.


There are other terms that may apply to you
These Terms of Use refer to the following additional terms, which also apply to your use of our Site: 
• Our Terms and Conditions. These will apply to you if you register an account with us, if you purchase products from us or if you interact with us through the Site. 
• Our Privacy Policy. This governs how we use any personal information relating to you.


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.


How you may use material on our Site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world, whereas registered trademarks are protected by trademark laws and treaties in the applicable jurisdictions. 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 you may draw the attention of others within your organisation to content posted on our 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 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.


Do not rely on information on this Site
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. 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.


We are not responsible for websites we link to
Where our Site contains links to other sites and resources provided by 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
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.


How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.


Uploading content to our Site
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in these Terms of Use. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and make available such content worldwide. We also have the right to disclose your identity to any third party who has a legitimate and substantiated claim that any content posted or uploaded by your to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. The right to disclose your identity is compliant with article 3 of our Privacy Policy. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in these Terms of Use. You are solely responsible for securing and backing up your content. We do not store terrorist content.


Rights you are giving us to use material you upload
When you upload or post content to our Site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and make available such content worldwide.


Acceptable use of our Site
You may use our Site only for lawful purposes.  You may not use our Site:
 • In any way that breaches any applicable local, national or international law or regulation. 
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. 
• For the purpose of harming or attempting to harm minors in any way.
 • To bully, insult, intimidate or humiliate any person. 
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards. 
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).


Prohibited Uses
You also agree: 
• Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use. 
• Not to access without authority, interfere with, damage or disrupt: 
• any part of our Site; 
• any equipment or network on which our Site is stored; 
• any software used in the provision of our Site; or 
• any equipment or network or software owned or used by any third party.


Content Standards
These content standards apply to any and all material which you contribute to our Site (Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. Dogmates Ltd will determine, in its discretion, whether a Contribution breaches the Content Standards. A Contribution must: 
• Be accurate (where it states facts). 
• Be genuinely held (where it states opinions). 
• Comply with the law applicable in England and Wales, or when the Contribution is made from another country, comply with the law applicable in the country from which the Contribution is made. A Contribution must not contravene our acceptable use policy as may be requested from us.


Viruses
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. You must not misuse our Site 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, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would 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.


Breach of this policy
When we consider that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms constitutes a material breach of these Terms of Use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions: 
• Immediate, temporary or permanent withdrawal of your right to use our Site. 
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site. 
• Issue of a warning to you. 
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. 
• Further legal action against you. 
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law. 
We exclude our liability for all action we may take in response to breaches of these Terms of Use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.


Rules about linking to our Site
You may link to our home page, 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. 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. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these Terms of Use. If you wish to link to or make any use of content on our Site other than that set out above, please contact bark@butternutbox.com (UK), woof@butternutbox.com (Ireland), blaf@butternutbox.com (Netherlands) and woef@butternutbox.com (Belgium).


Which country's laws apply to any disputes?
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. With respect to customers in the Netherlands, these Terms of Use are governed by Dutch law and you can bring legal proceedings in respect of the products in the Dutch courts.


Our trademarks are registered
Butternut Box is a UK and EU registered trademark of Dogmates Ltd. You are not permitted to use this or any other trademarks owned by us without our approval, unless they are part of material you are using as permitted under these Terms of Use.
Updated November 2021.