These Terms and Conditions apply to petfishplace.com and PetFish Place. For the purposes of these Terms and Conditions, unless otherwisenoted, all references to Pet Fish Place include petfishplace.com
Agreement between User and petfishplace.com
Welcome to Pet Fish Place. The Pet Fish Place website (the“Site”) is comprised of various web pages operated by Pet Fish Place.Pet Fish Place is offered to you conditioned on your acceptance withoutmodification of the terms, conditions, and notices contained herein (the“Terms”). Your use of Pet Fish Place constitutes your agreement toall such Terms. Please read these terms carefully, and keep a copy of them foryour reference.
Privacy
Your use of petfishplace.com is subject to Pet Fish Place ‘sPrivacy Policy. Please review our Privacy Policy, which also governs the Siteand informs users of our data collection practices.
Electronic Communications
Visiting petfishplace.com or sending emails to Pet FishPlace constitutes electronic communications. You consent to receive electroniccommunications and you agree that all agreements, notices, disclosures andother communications that we provide to you electronically, via email and onthe Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintainingthe confidentiality of your account and password and for restricting access toyour computer, and you agree to accept responsibility for all activities thatoccur under your account or password. You may not assign or otherwise transferyour account to any other person or entity. You acknowledge that Pet Fish Placeis not responsible for third party access to your account that results fromtheft or misappropriation of your account. Pet Fish Place and its associatesreserve the right to refuse or cancel service, terminate accounts, or remove oredit content in our sole discretion.
Children under Eighteen
Pet Fish Place does not knowinglycollect personally identifiable information from children under the age ofeighteen.
If personal information has beencollected on anyone under the age of eighteen you have the right to request theremoval of the information from our database.
Links to Third Party Sites/Third Party Services
petfishplace.com may contain links to other websites(“Linked Sites”). The Linked Sites are not under the control of PetFish Place and Pet Fish Place is not responsible for the contents of any LinkedSite, including without limitation any link contained in a Linked Site, or anychanges or updates to a Linked Site. Pet Fish Place is providing these links toyou only as a convenience, and the inclusion of any link does not implyendorsement by Pet Fish Place of the site or any association with itsoperators.
Certain services made available via petfishplae.com.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the petfishplace.com domain, you hereby acknowledge and consent that Pet Fish Place may share such information and data with any third party with whom Pet Fish Place has a contractual relationship to provide the requested product, service or functionality on behalf of petfishplace.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocablelicense to access and use petfishplace.com strictly in accordance with theseterms of use. As a condition of your use of the Site, you warrant to Pet FishPlace that you will not use the Site for any purpose that is unlawful orprohibited by these Terms. You may not use the Site in any manner which coulddamage, disable, overburden, or impair the Site or interfere with any otherparty’s use and enjoyment of the Site. You may not obtain or attempt to obtainany materials or information through any means not intentionally made availableor provided for through the Site.
All content included as part of the Service, such as text,graphics, logos, images, as well as the compilation thereof, and any softwareused on the Site, is the property of Pet Fish Place or its suppliers andprotected by copyright and other laws that protect intellectual property andproprietary rights. You agree to observe and abide by all copyright and otherproprietary notices, legends or other restrictions contained in any suchcontent and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,participate in the transfer or sale, create derivative works, or in any wayexploit any of the content, in whole or in part, found on the Site. Pet FishPlace content is not for resale. Your use of the Site does not entitle you tomake any unauthorized use of any protected content, and in particular you willnot delete or alter any proprietary rights or attribution notices in anycontent. You will use protected content solely for your personal use, and willmake no other use of the content without the express written permission of PetFish Place and the copyright owner. You agree that you do not acquire anyownership rights in any protected content. We do not grant you any licenses,express or implied, to the intellectual property of Pet Fish Place or ourlicensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas,news groups, forums, communities, personal web pages, calendars, and/or othermessage or communication facilities designed to enable you to communicate withthe public at large or with a group (collectively, “CommunicationServices”). You agree to use the Communication Services only to post, sendand receive messages and material that are proper and related to the particularCommunication Service.
By way of example, and not as a limitation, you agree thatwhen using a Communication Service, you will not: defame, abuse, harass, stalk,threaten or otherwise violate the legal rights (such as rights of privacy andpublicity) of others; publish, post, upload, distribute or disseminate anyinappropriate, profane, defamatory, infringing, obscene, indecent or unlawfultopic, name, material or information; upload files that contain software orother material protected by intellectual property laws (or by rights of privacyof publicity) unless you own or control the rights thereto or have received allnecessary consents; upload files that contain viruses, corrupted files, or anyother similar software or programs that may damage the operation of another’scomputer; advertise or offer to sell or buy any goods or services for anybusiness purpose, unless such Communication Service specifically allows suchmessages; conduct or forward surveys, contests, pyramid schemes or chainletters; download any file posted by another user of a Communication Servicethat you know, or reasonably should know, cannot be legally distributed in suchmanner; falsify or delete any author attributions, legal or other propernotices or proprietary designations or labels of the origin or source ofsoftware or other material contained in a file that is uploaded; restrict orinhibit any other user from using and enjoying the Communication Services;violate any code of conduct or other guidelines which may be applicable for anyparticular Communication Service; harvest or otherwise collect informationabout others, including e-mail addresses, without their consent; violate anyapplicable laws or regulations.
Pet Fish Place has no obligation to monitor theCommunication Services. However, Pet Fish Place reserves the right to reviewmaterials posted to a Communication Service and to remove any materials in itssole discretion. Pet Fish Place reserves the right to terminate your access toany or all of the Communication Services at any time without notice for anyreason whatsoever.
Pet Fish Place reserves the right at all times to discloseany information as necessary to satisfy any applicable law, regulation, legalprocess or governmental request, or to edit, refuse to post or to remove anyinformation or materials, in whole or in part, in Pet Fish Place ‘s solediscretion.
Always use caution when giving out any personallyidentifying information about yourself or your children in any CommunicationService. Pet Fish Place does not control or endorse the content, messages orinformation found in any Communication Service and, therefore, Pet Fish Place specificallydisclaims any liability with regard to the Communication Services and anyactions resulting from your participation in any Communication Service.Managers and hosts are not authorized Pet Fish Place spokespersons, and theirviews do not necessarily reflect those of Pet Fish Place.
Materials uploaded to a Communication Service may be subjectto posted limitations on usage, reproduction and/or dissemination. You areresponsible for adhering to such limitations if you upload the materials.
Materials Provided to Pet Fish Place or Posted on Any petfishplace.com Web Page
Pet Fish Place does not claim ownership of the materials youprovide to petfishplace.com (including feedback and suggestions) or post,upload, input or submit to any Pet Fish Place Site or our associated services(collectively “Submissions”). However, by posting, uploading,inputting, providing or submitting your Submission you are granting Pet FishPlace, our affiliated companies and necessary sublicensees permission to useyour Submission in connection with the operation of their Internet businessesincluding, without limitation, the rights to: copy, distribute, transmit,publicly display, publicly perform, reproduce, edit, translate and reformatyour Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of yourSubmission, as provided herein. Pet Fish Place is under no obligation to postor use any Submission you may provide and may remove any Submission at any timein Pet Fish Place ‘s sole discretion.
By posting, uploading, inputting, providing or submittingyour Submission you warrant and represent that you own or otherwise control allof the rights to your Submission as described in this section including,without limitation, all the rights necessary for you to provide, post, upload,input or submit the Submissions.
International Users
The Service is controlled, operated and administered by PetFish Place from our offices within the USA. If you access the Service from alocation outside the USA, you are responsible for compliance with all locallaws. You agree that you will not use the Pet Fish Place Content accessedthrough petfishplace.com in any country or in any manner prohibited by anyapplicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Pet FishPlace, its officers, directors, employees, agents and third parties, for anylosses, costs, liabilities and expenses (including reasonable attorney’s fees)relating to or arising out of your use of or inability to use the Site orservices, any user postings made by you, your violation of any terms of thisAgreement or your violation of any rights of a third party, or your violationof any applicable laws, rules or regulations. Pet Fish Place reserves theright, at its own cost, to assume the exclusive defense and control of anymatter otherwise subject to indemnification by you, in which event you willfully cooperate with Pet Fish Place in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any disputebetween them arising out of or concerning these Terms and Conditions, or anyprovisions hereof, whether in contract, tort, or otherwise at law or in equityfor damages or any other relief, then such dispute shall be resolved only byfinal and binding arbitration pursuant to the Federal Arbitration Act,conducted by a single neutral arbitrator and administered by the AmericanArbitration Association, or a similar arbitration service selected by theparties, in a location mutually agreed upon by the parties. The arbitrator’saward shall be final, and judgment may be entered upon it in any court havingjurisdiction. In the event that any legal or equitable action, proceeding orarbitration arises out of or concerns these Terms and Conditions, theprevailing party shall be entitled to recover its costs and reasonableattorney’s fees. The parties agree to arbitrate all disputes and claims inregards to these Terms and Conditions or any disputes arising as a result ofthese Terms and Conditions, whether directly or indirectly, including Tortclaims that are a result of these Terms and Conditions. The parties agree thatthe Federal Arbitration Act governs the interpretation and enforcement of thisprovision. The entire dispute, including the scope and enforceability of thisarbitration provision shall be determined by the Arbitrator. This arbitrationprovision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Pet Fish Place agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDEDIN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICALERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PET FISHPLACE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE ATANY TIME.
PET FISH PLACE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PET FISH PLACE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PET FISH PLACE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PET FISH PLACE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Pet Fish Place reserves the right, in its sole discretion,to terminate your access to the Site and the related services or any portionthereof at any time, without notice. To the maximum extent permitted by law,this agreement is governed by the laws of the State of Texas and you herebyconsent to the exclusive jurisdiction and venue of courts in Texas in alldisputes arising out of or relating to the use of the Site. Use of the Site isunauthorized in any jurisdiction that does not give effect to all provisions ofthese Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, oragency relationship exists between you and Pet Fish Place as a result of thisagreement or use of the Site. Pet Fish Place ‘s performance of this agreementis subject to existing laws and legal process, and nothing contained in thisagreement is in derogation of Pet Fish Place ‘s right to comply with governmental,court and law enforcement requests or requirements relating to your use of theSite or information provided to or gathered by Pet Fish Place with respect tosuch use. If any part of this agreement is determined to be invalid orunenforceable pursuant to applicable law including, but not limited to, thewarranty disclaimers and liability limitations set forth above, then theinvalid or unenforceable provision will be deemed superseded by a valid,enforceable provision that most closely matches the intent of the originalprovision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreementconstitutes the entire agreement between the user and Pet Fish Place withrespect to the Site and it supersedes all prior or contemporaneouscommunications and proposals, whether electronic, oral or written, between theuser and Pet Fish Place with respect to the Site. A printed version of thisagreement and of any notice given in electronic form shall be admissible injudicial or administrative proceedings based upon or relating to this agreementto the same extent and subject to the same conditions as other businessdocuments and records originally generated and maintained in printed form. Itis the express wish to the parties that this agreement and all relateddocuments be written in English.
Changes to Terms
Pet Fish Place reserves the right, in its sole discretion,to change the Terms under which petfishplace.com is offered. The most currentversion of the Terms will supersede all previous versions. Pet Fish Place encouragesyou to periodically review the Terms to stay informed of our updates.
Contact Us
Pet Fish Place welcomes your questions or comments regarding the Terms:
Email Address: info@petfishplace.com
Effective as of: January 28, 2019
Last updated: June 11, 2020
