These Terms govern
- the use of Onlyanimals, 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.
Via Caracciolo 4/10
14100 – Asti
Owner contact email: firstname.lastname@example.org
Information about Onlyanimals
Onlyanimals is a fundraising and advocacy platform dedicated to initiatives dealing with animal rights, exploitation, rescue, care and with environmental issues. By using the social network features available on Onlyanimals, Users can also disseminate informative content and share their thoughts and opinions (besides their initiative), in order to achieve a greater visibility and raise public awareness on the topics of their choice related to the animals’ welfare.
This document is a legal agreement between you, the User, and the entity providing Onlyanimals. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the entity that owns and manages Onlyanimals as outlined in the present document. “Onlyanimals” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
Acceptance of this Agreement
In order to use Onlyanimals, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
Registration, content on Onlyanimals and prohibited use of Onlyanimals
Type of initiatives supported on Onlyanimals
Onlyanimals supports the following types of initiatives:
- Charity Campaigns. This type of initiative is aimed at raising funds directly from the Donors in support of a specific animal welfare project launched by the Creator. Charity Campaigns might be launched by Onlyanimals only at its sole discretion.
- Fundraising. This type of initiative is aimed at seeking and gathering funds directly from the Donors in support of a specific or more general scope to help animals, preserve environment, sensibilize the public opinion on animal welfare and rights. Fundraising campaigns might be launched by Onlyanimals only at its sole discretion.
- Petitions. A Petition is an online campaign aimed at raising awareness and consensus over a particular initiative. The User who wants to become a Signer by supporting a Petition shall undersign the relevant Petition by means of their electronic signature.
- Shouts. This type of initiative is aimed at providing news or raising awareness or soliciting the public opinion on certain facts or aspects related to animals that are going to be shared in social medias. Shouts can be launched by Onlyanimals only.
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User’s access credential.
Onlyanimals allows Users to register via their social network accounts (i.e. Facebook or Twitter account). In this regard, the User acknowledges and agrees that they will comply with the terms and conditions set forth by the social networks owners and that Onlyanimals will not have any responsibility whatsoever with respect of your use thereof. Onlyanimals is not affiliated with the social networks providers and shall not bear any responsibility for their actions, omissions, policies.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Onlyanimals.
The Owner reserves the right to suspend or terminate the User’s account at any time and without notice if it believes that:
- User has violated this Agreement; and/or
- User’s access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
- the use of Onlyanimals by the User may result in violation of law or regulations; and/or
- in case of an investigation by legal action or governmental involvement; and/or
- the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees.
Upon cancellation of the account by either party for any reason:
- we will cease providing you with the Service and you will no longer be able to access your account; and
- the content that you published (if any) will be taken offline unless it has been used by the Owner, including but not limited to, for advertising and/or promotional purposes or shared by any other Users of Onlyanimals, or disseminated on social media.
Content available on Onlyanimals
The content available on Onlyanimals is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User’s device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Onlyanimals, nor allow any third party to do so through the User or its device, even without User’s knowledge. Where explicitly stated on Onlyanimals, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Onlyanimals, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Onlyanimals. The Owner is not responsible for the content provided by third parties or for its availability.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through Onlyanimals, that they upload and post on or through Onlyanimals, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that:
- other Users file complaints;
- a notice of infringement of intellectual property rights is received;
- it is decided to do so in view of, or as a result of, legal actions;
- said action is solicited by a public authority; or
- if it is believed that the content, while being accessible via Onlyanimals, may put at risk the Users, third parties, the availability of the Service and/or the Owner.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Onlyanimals.
Unless stated otherwise, the following applies:
By submitting, posting or displaying content on or through Onlyanimals, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
Services provided by third parties
Users may use third-party services or content included in Onlyanimals, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Onlyanimals or any portion of it;
- circumvent any technology used by Onlyanimals or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Onlyanimals;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Onlyanimals or its content;
- rent, lease or sublicense Onlyanimals;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- misappropriate any account in use by another User;
- register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Onlyanimals in any way;
- use Onlyanimals in any other improper manner that violates the Terms.
How it works for the Creator
Creating a project
To promote any type of initiative on Onlyanimals, the Creator must provide the following mandatory information:
Type of initiative: The Creator must disclose the type of initiative: Charity Campaign, Petition and/or Fundraising Campaign.
Description: the initiative must be precisely described and clearly presented. The Creator may upload extra content according to the technical means provided by Onlyanimals. The Creator is free to modify the page dedicated to its initiative, as long as the initiative has not been officially launched.
Objective (if applicable): the objective of the initiative must always be disclosed by the Creator. In particular:
- if the initiative is a Charity Campaign, the Creator must clearly describe what the initiative is for and provide any further information suitable to make Donors aware of the project that they are backing and the objectives of the initiative. The Creator must also indicate the minimum amount of funds that must be raised. Such target amount may be exceeded, as Onlyanimals does not provide for the automatic closure of the initiative when the minimum target is reached. If the initiative does not reach the minimum target, the donations shall not be reimbursed to the Donors. According to the “Keep It All” model adopted on Onlyanimals, the amount collected shall be transferred to the Creator upon expiration of the initiative, regardless whether the goal of the initiative is met or not. Charity Campaigns might be launched by Onlyanimals only at its sole discretion;
- if the initiative is a Petition, the Creator must clearly describe what the initiative is for, who benefits from it, and provide any further information suitable to make Signers aware of what they are signing for and why;
- if the initiative is a Fundraising campaign, the raising of funds can be very broad and general in purpose and the Donations can be collected via campaigns on social medias in order to raise the public awareness on a specific topic. The Fundraising campaign may or not have a target amount. Onlyanimals does not reimburse the Donations even if the minimum target is not reached. Fundraising campaigns may not have any time limit, and be permanent.
Duration (if applicable): The Creator must specify the maximum time limits for the initiative.
The Creator acknowledges and agrees that any project is subject to the Owner’s prior and discretional approval. The Owner shall not be deemed liable in case a project is not approved, and therefore, not allowed to be promoted on Onlyanimals.
The Creator’s obligations
When a Creator publishes an initiative requesting Users’ support, it must be aware that it is inviting Users to entering into a contractual agreement with him. The Owner cannot, under any circumstances, be considered part of this contractual relationship, which takes place exclusively between the Creator and its supporters. In any case, the Creator is required to strictly comply with the following:
- the Creator is responsible for ensuring compliance with the legal and/or regulatory provisions applicable to its business and projects, including, without any claims of completeness, the applicable labour law or tax laws;
- the Creator shall maintain a high standard of disclosure and transparency in the performance of the project. In this regard, even if the Software will provide a reliable technical tool and will facilitate the execution and displaying of the initiative, the Creator must do all reasonable efforts to establish a transparent and productive communication with its supporters, as well as to comply with any other possible request of information, unless such requests are potentially harmful to the initiative and/or inappropriate and/or that may result in an unreasonable delay;
- the Creator shall publish, upon the Users’ or Owner’s request, any additional information that may be required, and guarantee the truthfulness of all shared information concerning the organisation and the project;
- the Creator is exclusively responsible for the actual use of the sums received as a consequence of the Donations. In doing so the Creator shall act in accordance with all applicable laws and regulations.
The above, without any prejudice to the Users’ and Owner’s rights and interests. The Owner reserves the right to take legal action against the Creator in the event of a breach of the law and/or its contractual obligations.
What the Creators must not do
Without prejudice to the rules set out in the paragraph “Forbidden use” above, Creators are strictly prohibited from:
- creating initiatives or, in any case, publishing projects that are related to illegal activities and/or in violation of the law (including third parties’ copyright or intellectual property rights) and/or even potentially suitable to cause damage to persons or property;
- soliciting Donations for fraudulent purposes;
- offering rewards, if any, consisting of financial instruments, shares, quotas or any other form of participation in the company or, in any case, financial instruments which require specific authorisations from the competent national bodies;
- offering, as a reward for joining the initiative, alcohol, narcotic and/or psychotropic substances, substances whose consumption is prohibited by law, weapons, ammunition and related accessories, money or, in general, other form of economic advantage;
- publishing content that promotes racism, hatred, discrimination, violence against people or animals or the violation of human rights;
- publishing content that is pornographic or child pornographic in nature or otherwise contrary to morality and public morals.
Any projects uploaded in violation of these rules will be immediately removed by Onlyanimals, without prejudice to any further legal action by the Owner and the Users. Furthermore, the Owner reserves the right, in the event that one of the prohibited conduct described above occurs, to retain any money raised and not devolve it to the Creator.
Third – party payment services
The Owner’s fees
Petitions are in principle free, but if the Creator solicits the help of Onlyanimals for amplifying their initiative by spreading the word about it on the internet, the Owner shall charge a fee which will depend on the type of service requested. For further details about the Owner’s fees and the costs related to all the initiatives available on Onlyanimals, the Creator is invited to visit the dedicated page on Onlyanimals, the content of which is incorporated herein by reference and is part of this Terms. User is responsible for paying any additional fees or taxes associated with their use of Onlyanimals.
The Creator fiscal duties
The Creator acknowledges and agrees that it is its sole duty to correctly calculate and remit all taxes, levies or similar, if any, which are applicable to the Donations made. The Creator acknowledges and agrees that it is its sole duty to allow Donors to deduct taxes if deductions are possible as a result of the Donations made, according to the applicable law and within the limits set forth in the law.
How it works when you support an initiative
Supporting an initiative on Onlyanimals
Supporters must be aware that, when they fund, sponsor, support a Creator on a certain initiative, they are supporting an idea and, most often, they are helping to develop a project from its very beginning. In particular, if the initiative is promoted to finance a project, there may be changes, delays, or something that prevents the Creator from completing the programme. In this view, the responsibility for completing the project lies entirely with the Creator. Although the Owner will exert its best effort to provide the Supporters with reliable counterparts, the Supporter must be aware that it is impossible for the Owner to exclude all risks and, in general, to perform careful due diligence on all Creators and projects published on Onlyanimals. Therefore, prior to making any choice, the Supporter, and -specifically- the Donor in particular, is required to collect all relevant information about the Creator, its current and previous projects and, if applicable, to carefully read, examine and accept the relevant legal documents available. Such duty is the sole responsibility of the Supporter. The Supporter is also responsible for complying with the tax regulations applicable to Donations made through Onlyanimals.
Donations to the Creator
All Donations are processed on Onlyanimals via this third-party payment service providers. As a consequence, if you want to donate you must have a functional account with any of the providers supported by Onlyanimals. Your use of these services is subject to your agreement with these third parties. Onlyanimals is not responsible for the performance of the payment service providers nor for your use of their services. Any technical issues or other problems with making Donations should be addressed to the payment service provider’s customer care department. If there is an issue with your Donation and the payment service provider is unable to solve it, you should contact the Creator to whom you made your Donation for assistance, or, only if applicable, Onlyanimals. The Owner cannot be held liable for any delay or impossibility to process the payment.
Donations to Onlyanimals
The Owner can act as a Creator and can receive Donations for the support of Onlyanimals. If you wish to donate to the Owner, Onlyanimals allows one-off, monthly or yearly recurring Donations. Donors must be aware that they can stop their recurring Donation plan at any time by changing their payment provider account settings or their payment plan from within Onlyanimals.
Costs for social media campaigns promoted by Onlyanimals
The Donor must be aware that the Owner bears costs for running campaigns on social media. To pay such costs, the Owner retains a percentage of each Donation made, which vary depending on the type and medium of the campaign. For further details about the costs related to all the initiatives promoted by the Owner, the Donor is invited to contact the Owner at the contact details provided in the present document. User is responsible for paying any additional fees or taxes associated with their use of Onlyanimals.
It is your sole responsibility to determine the taxation consequences, if any, of making a Donation. If you wish to make tax deductible Donations via Onlyanimals, it is your responsibility to check whether the relevant Creator qualifies as an entity that is legally allowed to issue tax deductible receipts in your jurisdiction. Onlyanimals does not represent, warrant or guarantee that any Donations made via Onlyanimals will be deductible for income tax purposes.
No Refund for Donations
Donors must understand that when they support a project, they’re entering into an agreement with the Creator who bears the entire responsibility to carry out the project itself. Onlyanimals doesn’t offer refunds. The Owner doesn’t hold funds on Creators’ behalf, cannot guarantee Creators’ work, and, unless explicitly stated otherwise, does not endorse or sponsor any of the Creators’ projects displayed on Onlyanimals. Donations made to Onlyanimals are never refundable.
To sign a petition, the Signer must have a personal digital signature solution. For any problem or disfunction related to the use of their digital signature, the Signer must directly contact their technical provider. The Owner cannot be held liable for any malfunction, interruption or for the availability of any digital signature solution.
Indemnification and limitation of liability
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Limitations of liability
Onlyanimals and all functions accessible through Onlyanimals are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User’s specific goals. Onlyanimals and functions accessible through Onlyanimals are used by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Onlyanimals. Therefore, the Owner shall not be liable for:
- any losses that are not a direct consequence of the breach of the Agreement by the Owner;
- any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of Onlyanimals due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and
- incorrect, fraudulent or unsuitable use of Onlyanimals by Users or third parties.
Software license and intellectual property rights
Onlyanimals grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software and/or any other technical means embedded in the Service provided by Onlyanimals. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules.
User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Software related to the Service, like any other copyright or other intellectual property rights, is the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Software, and acknowledges that its use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under this Agreement.
The right to use the Software, does not grant any rights to the original source code. All techniques, algorithms, and procedures contained in the Software and their documentation is information protected by copyright and are the sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in this Agreement.
All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.
Intellectual property rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Onlyanimals are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Onlyanimals are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Onlyanimals.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Onlyanimals and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Onlyanimals.
Users who continue to use Onlyanimals after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Onlyanimals must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Definitions and legal references
Onlyanimals (or this Application)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Owner (or We)
Indicates the natural person(s) or legal entity that provides Onlyanimals and/or the Service to Users.
The service provided by Onlyanimals as described in these Terms and on Onlyanimals.
All provisions applicable to the use of Onlyanimals and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using Onlyanimals.
Any initiative promoted by the Promoter on Onlyanimals aimed at raising funds directly from the Donors in support of a specific animal welfare project.
The small amount freely given by the Donor when participating to a Charity Campaign or Fundraising Campaign
Any online campaign promoted by the Promoter on Onlyanimals aimed at raising awareness and consensus over a particular initiative. The User who wants to become a Signer by supporting a Petition shall undersign the relevant Petition by means of their electronic signature.
Each Registered User, either a natural person, a legal entity of any kind or a charity organisation, whose initiative (charity campaign, petition) is admitted on Onlyanimals. In some instances the Owner may be the Creator of an initiative.
Each User who successfully completed the registration process on Onlyanimals.
Each Registered User who is a natural person or legal entity and makes Donations via Onlyanimals.
Each Registered User who is a natural person or legal entity and supports a petition on Onlyanimals.
The Donor, Signer and Campaigner jointly.
The software embedded in the Service provided by the Owner.