Terms of Use
Effective Date: June 1, 2020
To review material modifications and their effective dates scroll to the bottom of the page.
1.Parties. The parties to these Terms of Use are you, and the owner of this iLoveEveryDog.com website business, Creatureverse, LLC ("Creature Verse"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and Creature Verse.
2.Use and Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.3.Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
4.Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site's home page.
5.Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
6.Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
7.Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
9.Links to Third-Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites' terms of use and privacy policy.10.Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
11. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Creatureverse, LLC
2304 Lory Ctundefined undefined
Alexandria, Virginia, 22306
Contact: creatureversellc@gmail.com
Telephone:1 703 473-2825
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.12.Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Alexandria, Virginia, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the Alexandria, Virginia, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
13.Jurisdiction and Venue. The courts of Alexandria in the State of Virginia, USA and the nearest U.S. District Court in the State of Virginia shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.14.Controlling Law. This Agreement shall be construed under the laws of the State of Virginia, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
15.Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
16.Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
17.Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.
--
Material Modifications Since June 1, 2020: none.
Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.
---
Effective Date: May 1, 2020
1. ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO OUR WEBSITE SHALL ALSO BE SUBJECT TO THE TERMS OF USE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF USE AT ANY TIME ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND/OR CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO THIS WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
2. As described in our disclaimers, we promote, endorse, or suggest products or services of others from time to time. In most cases, we will be compensated, either as an affiliate with a commission based on sales, or with a free product to review or use. One of our participating merchants is the Amazon.com or Amazon Services LLC affiliate program. We may use other Affiliate Programs and/or Sponsoring Organizations too. It is important to note that prices change quickly on Amazon and in many of those Affiliate Programs or Sponsoring Organizations we chose. As a result, you are responsible to confirm that the final price, the conditions, and the packages and bonuses we share in the post with the price you pay and the final conditions, packages and bonuses about the products and services you order to finalizing your purchase. Please check other disclaimers’ sections to read our full disclaimers and other important disclosures.
3. Our website can be hosted in Shopify.com or in www.Godaddy.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you and to post our latest tips, insights, and news for you.
4. For the products we sell by using Print-on-Demand (P.O.D.) services, we follow the Terms of Use and the Policies used by the third party companies we engage with. We may engage with other third parties in tye future. You are responsible to review the terms of us and services of those new third parties and in this website. To date, we are engaged with:
- Printful Inc. (11025 Westlake Dr, Charlotte, NC, 28273, USA) for our P.O.D products. You can find Printful’s Policies by the following the link below:
https://www.printful.com/policies/terms-of-service
- Teespring, Inc. 77 Geary St, Suite 500
San Francisco, CA 94108 by the following the link below:
https://teespring.com/policies/terms
In addition to the above policies on our P.O.D. products, by using our website and purchasing our P O.D. products and any other services you agree to our policies and specifically on P.O.D. products that follow below:
4.1 In the platforms we use, we accept all the usual forms of payment that our third parties accept. Examples are: credit cards, debit cards, PayPal, Amazon Pay.
4.2 Orders cannot be canceled by you and/or modified once they are placed. Order modifications are not allowed. Orders are considered final once they are placed and cannot be canceled or modified by you.
4.3 Once you have confirmed your order, it cannot be edited or canceled. We are not bound to any modifications to your order. The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case, neither us nor the P.O.D. Company will not make any refunds and will not resend the Product unless what is hereby stated in that regard in this section. For Users in the European Economic Area the risk of loss of, damage to and title for Products will pass to you when you has acquired the physical possession of the Products. If carrier tracking indicates that a Product was lost in transit, you must make a written claim for replacement of the lost Product in compliance with the P.O.D. Company's Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to the P.O.D. Company investigation and sole discretion.
4.4 Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable). In some states in the US and countries, the P.O.D. Company may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable). In certain cases you are required to provide a valid exemption certificate such as Resale certificate, VAT ID or ABN.
4.5 Exchanges and returns are not allowed once an order is placed. Orders placed and items purchased are considered final sales. No refunds are allowed.
4.6 In case, you receive a discount code, you can only use one discount code per transaction, unless otherwise stated.
4.7 Any claims for misprinted/damaged/defective items must be submitted within 5 (five) calendar days after the product has been received by using the contact form section in the website.
4.8 For packages lost in transit, all claims must be submitted no later than 5 (five) days after the estimated delivery date.
4.9 If you notice an issue on the products or anything else on the order, please submit a problem report within 5 (five) calendar days after the product has been received by using the contact form section in the website.
4.10 The return address is set by default to the Printful’s facility stated in the label and in the package of the product. The use of any other address is not authorized by us. If the P.O.D.'s facility is not used as the return address, you would become liable for any returned shipments you receive.
4.11 If you provide an address that is considered insufficient by the courier, the shipment will be returned to P.O.D. Company's facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable). Shipments that go unclaimed are returned to the P.O.D. Company’s facility, you will be liable for the cost of any reshipments to yourself or to us (if and as applicable). Failure to claim the shipment won’t be available for reshipping and will be donated to charity.
4.12 It is best to advise you to contact us before returning any products. We do not refund orders and size exchanges are to be offered at your expense and discretion. Any exchange will be considered a new order, at your expense, and would need to be placed for an updated size if you choose to accept or offer size exchanges to your end customers.
4.13 You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on P.O.D. Company's website. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. We are not obliged to notify you of such changes. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the products, including delivery charges and taxes, and deliver the Products to the carrier. We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
4.14 To the fullest extent permitted by law you release us and/or all other P.O.D. Company’s Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by us and/or any P.O.D. Company Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by us and/or the P.O.D. Company (or for which the P.O.D. Company provides no guarantees) under this Agreement, or (b) for which us and/or the P.O.D. Company is otherwise indemnified or released by you under this Agreement.
4.15 To the fullest extent permitted by law you will defend, indemnify, and hold us and/or the P.O.D. Company and the other P.O.D. Company Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by us and/or by the P.O.D. Company Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your violation of any law or the rights of a third party, or (d) any claims related to products or items purchased by you through our and/or P.O.D. Company Services, including claims for misrepresentations by you and claims for physical injury or property damage by any of your products or items that are warehoused for you by us and/or by the P.O.D. Company. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
4.16 Limited Warranty on Products. This does not apply to Users residing in the European Economic Area. We and/or the P.O.D. Company provides a limited warranty at the time of delivery of a Product to you, which means that the Products will not be materially defective or damaged (the “Limited Warranty”) until that time. All Limited Warranty coverage terminates at the sale or transfer of a Product. This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse. We and/or the P.O.D. Company cannot guarantee that the colors and details in our website images, which aims to be the most accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters. This limited warranty starts on the date of the delivery of the Product to you and lasts for thirty (30) days (the “Warranty Period”). With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by you along with the shipping fees corresponding to the defective or damaged Products.
4.17 Promptly following delivery of a Product, you will inspect the Product. If a Product is materially defective (including any error by P.O.D. Company in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with the P.O.D. Company Return Policy. You should also contact us regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
4.18 LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR AND THE P.O.D. COMPANY ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. We reserve the right to refuse service to anyone for any reason at any time.
6. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You understand that we outsourced the credit card information and payments are processed to third parties. These third parties have their own specifics polices and processes on that regard. You understand that you may be redirected to other websites when purchasing a products and/or services where you the purchase and payment processes are completed. You understand that since we do affiliate marketing, sell Print-on-Demand (P.O.D.) products, and promote third parties’ products and services, we may outsource the entire purchase and payment process to other third parties, in which purchases are completed in those third party website and payment platforms.
7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products and Services, use of the Service, or access to the Service or any contact on the website through which the Product and Service are provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
8. We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information and/or illustrative purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, and/or more timely sources of information. Any reliance on the material on this site is at your own risk. Further, our content in this website and in other social media platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference and information only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information and/or content on our website and/or in the social media platforms we use. You agree that it is your responsibility to monitor changes in the content and/or any type of information to our website, social media platforms, and/or any other channel of information we may use.
9. Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Products and/or Service (or any part or content thereof) without notice at any time. We shall not be liable to you and/or to any third-party for any modification, price change, suspension or discontinuance of the Products and Services.
10. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Policies. We make every effort to display as accurately as possible the best colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obliged, to limit and/or cancel and/or refuse the sale of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products and/or Services that we offer. All descriptions of Products and/or Services pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product and/or service at any time. Any offer of any product and/or service made on this website and/or in any media platform we may use is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
11. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household and/or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we cancel an order, we may attempt to notify you by contacting you via the e-mail and/or billing address/phone number provided by you at the time the order is made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, and/or distributors. You agree to provide current, complete and accurate purchase, and/or account information for all purchases made at our website and/or in the third parties’ website where you are redirected. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, and any other billing information required to complete the purchase, so that your purchase and your transactions can be completed.
12. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and/or “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of those optional third-party tools. Any use by you of those optional tools offered through this website is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms of use and other policies on which those tools are provided by the relevant third-party provider(s). In the future, we may also offer new Products and Services and/or Features through this website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
13. Certain content, products and services available via our Service may include materials from third-parties. Third party links on this website may re-direct you to third parties’ websites that may not be affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those websites. We do not warrant and we will not have any liability or responsibility for any third party content and/or websites’ operations, or for any other content, materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. The review of the third-party's policies and policies is at solely responsibility and you should make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third parties’ products should be channeled to directly those third parties.
14. If, at our request, you send certain specific submissions or without any request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments') in any channel we may use, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments. We have the right, but not the obligation, to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, our Terms of Use and our Policies.
15. You agree that your comments shall not have to violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website, any social media platform we may use, our service, and/or any related websites we may use. You may not use a false e-mail address, pretend to be someone else other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy, precision, validity. We take no responsibility and assume no liability for any comments posted by you or any third-party and we have the absolute right to delete any comments that can breach the Terms of Use and our Policies.
16. In addition to other prohibitions as set forth in the Terms of Use and other Policies, you are prohibited to use this website and/or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any local, federal, provincial or state federal, international regulation, rule, law, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality and/or operation of this website, the service and/or of any related websites, other websites, or the Internet per se; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of this website, the service or any related website, other websites, or the Internet. We reserve the absolute right to terminate your use of our website and the service and/or any social media channel we may use and/or any related websites for violating any of the prohibited uses given our Terms of Use and other of our Policies.
17. We cannot guarantee, represent or warrant that your use of our website and our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, this website and/or the service is at your sole risk. The service and all products and services delivered to you through this website or the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
18. In no case shall Creatureverse, LLC and/or iLoveEveryDog.com staff, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, processors, sub-processors, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation financial losses, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our website and/or the service and/or any products and services procured using our website and/or any social media channel we may use and/or the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. You agree to indemnify, defend and hold Creatureverse, LLC and/or iLoveEveryDog.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, processors, sub-processors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
19. The obligations and liabilities of the parties incurred prior to the termination date of any agreement and/or transaction or purchase shall survive the termination of this agreement for all purposes. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny your access to our services (or any part thereof). The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
20. You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
--
Material Modifications« Since May 1, 2020: none.
To review material modifications and their effective dates scroll to the bottom of the page.
1.Parties. The parties to these Terms of Use are you, and the owner of this iLoveEveryDog.com website business, Creatureverse, LLC ("Creature Verse"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and Creature Verse.
2.Use and Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.3.Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
4.Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site's home page.
5.Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
6.Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
7.Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
9.Links to Third-Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites' terms of use and privacy policy.10.Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
11. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Creatureverse, LLC
2304 Lory Ctundefined undefined
Alexandria, Virginia, 22306
Contact: creatureversellc@gmail.com
Telephone:1 703 473-2825
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.12.Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Alexandria, Virginia, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the Alexandria, Virginia, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
13.Jurisdiction and Venue. The courts of Alexandria in the State of Virginia, USA and the nearest U.S. District Court in the State of Virginia shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.14.Controlling Law. This Agreement shall be construed under the laws of the State of Virginia, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
15.Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
16.Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
17.Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.
--
Material Modifications Since June 1, 2020: none.
Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.
---
Effective Date: May 1, 2020
1. ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO OUR WEBSITE SHALL ALSO BE SUBJECT TO THE TERMS OF USE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF USE AT ANY TIME ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND/OR CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO THIS WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
2. As described in our disclaimers, we promote, endorse, or suggest products or services of others from time to time. In most cases, we will be compensated, either as an affiliate with a commission based on sales, or with a free product to review or use. One of our participating merchants is the Amazon.com or Amazon Services LLC affiliate program. We may use other Affiliate Programs and/or Sponsoring Organizations too. It is important to note that prices change quickly on Amazon and in many of those Affiliate Programs or Sponsoring Organizations we chose. As a result, you are responsible to confirm that the final price, the conditions, and the packages and bonuses we share in the post with the price you pay and the final conditions, packages and bonuses about the products and services you order to finalizing your purchase. Please check other disclaimers’ sections to read our full disclaimers and other important disclosures.
3. Our website can be hosted in Shopify.com or in www.Godaddy.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you and to post our latest tips, insights, and news for you.
4. For the products we sell by using Print-on-Demand (P.O.D.) services, we follow the Terms of Use and the Policies used by the third party companies we engage with. We may engage with other third parties in tye future. You are responsible to review the terms of us and services of those new third parties and in this website. To date, we are engaged with:
- Printful Inc. (11025 Westlake Dr, Charlotte, NC, 28273, USA) for our P.O.D products. You can find Printful’s Policies by the following the link below:
https://www.printful.com/policies/terms-of-service
- Teespring, Inc. 77 Geary St, Suite 500
San Francisco, CA 94108 by the following the link below:
https://teespring.com/policies/terms
In addition to the above policies on our P.O.D. products, by using our website and purchasing our P O.D. products and any other services you agree to our policies and specifically on P.O.D. products that follow below:
4.1 In the platforms we use, we accept all the usual forms of payment that our third parties accept. Examples are: credit cards, debit cards, PayPal, Amazon Pay.
4.2 Orders cannot be canceled by you and/or modified once they are placed. Order modifications are not allowed. Orders are considered final once they are placed and cannot be canceled or modified by you.
4.3 Once you have confirmed your order, it cannot be edited or canceled. We are not bound to any modifications to your order. The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case, neither us nor the P.O.D. Company will not make any refunds and will not resend the Product unless what is hereby stated in that regard in this section. For Users in the European Economic Area the risk of loss of, damage to and title for Products will pass to you when you has acquired the physical possession of the Products. If carrier tracking indicates that a Product was lost in transit, you must make a written claim for replacement of the lost Product in compliance with the P.O.D. Company's Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to the P.O.D. Company investigation and sole discretion.
4.4 Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable). In some states in the US and countries, the P.O.D. Company may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable). In certain cases you are required to provide a valid exemption certificate such as Resale certificate, VAT ID or ABN.
4.5 Exchanges and returns are not allowed once an order is placed. Orders placed and items purchased are considered final sales. No refunds are allowed.
4.6 In case, you receive a discount code, you can only use one discount code per transaction, unless otherwise stated.
4.7 Any claims for misprinted/damaged/defective items must be submitted within 5 (five) calendar days after the product has been received by using the contact form section in the website.
4.8 For packages lost in transit, all claims must be submitted no later than 5 (five) days after the estimated delivery date.
4.9 If you notice an issue on the products or anything else on the order, please submit a problem report within 5 (five) calendar days after the product has been received by using the contact form section in the website.
4.10 The return address is set by default to the Printful’s facility stated in the label and in the package of the product. The use of any other address is not authorized by us. If the P.O.D.'s facility is not used as the return address, you would become liable for any returned shipments you receive.
4.11 If you provide an address that is considered insufficient by the courier, the shipment will be returned to P.O.D. Company's facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable). Shipments that go unclaimed are returned to the P.O.D. Company’s facility, you will be liable for the cost of any reshipments to yourself or to us (if and as applicable). Failure to claim the shipment won’t be available for reshipping and will be donated to charity.
4.12 It is best to advise you to contact us before returning any products. We do not refund orders and size exchanges are to be offered at your expense and discretion. Any exchange will be considered a new order, at your expense, and would need to be placed for an updated size if you choose to accept or offer size exchanges to your end customers.
4.13 You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on P.O.D. Company's website. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. We are not obliged to notify you of such changes. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the products, including delivery charges and taxes, and deliver the Products to the carrier. We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
4.14 To the fullest extent permitted by law you release us and/or all other P.O.D. Company’s Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by us and/or any P.O.D. Company Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by us and/or the P.O.D. Company (or for which the P.O.D. Company provides no guarantees) under this Agreement, or (b) for which us and/or the P.O.D. Company is otherwise indemnified or released by you under this Agreement.
4.15 To the fullest extent permitted by law you will defend, indemnify, and hold us and/or the P.O.D. Company and the other P.O.D. Company Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by us and/or by the P.O.D. Company Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your violation of any law or the rights of a third party, or (d) any claims related to products or items purchased by you through our and/or P.O.D. Company Services, including claims for misrepresentations by you and claims for physical injury or property damage by any of your products or items that are warehoused for you by us and/or by the P.O.D. Company. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
4.16 Limited Warranty on Products. This does not apply to Users residing in the European Economic Area. We and/or the P.O.D. Company provides a limited warranty at the time of delivery of a Product to you, which means that the Products will not be materially defective or damaged (the “Limited Warranty”) until that time. All Limited Warranty coverage terminates at the sale or transfer of a Product. This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse. We and/or the P.O.D. Company cannot guarantee that the colors and details in our website images, which aims to be the most accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters. This limited warranty starts on the date of the delivery of the Product to you and lasts for thirty (30) days (the “Warranty Period”). With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by you along with the shipping fees corresponding to the defective or damaged Products.
4.17 Promptly following delivery of a Product, you will inspect the Product. If a Product is materially defective (including any error by P.O.D. Company in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with the P.O.D. Company Return Policy. You should also contact us regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
4.18 LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR AND THE P.O.D. COMPANY ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. We reserve the right to refuse service to anyone for any reason at any time.
6. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You understand that we outsourced the credit card information and payments are processed to third parties. These third parties have their own specifics polices and processes on that regard. You understand that you may be redirected to other websites when purchasing a products and/or services where you the purchase and payment processes are completed. You understand that since we do affiliate marketing, sell Print-on-Demand (P.O.D.) products, and promote third parties’ products and services, we may outsource the entire purchase and payment process to other third parties, in which purchases are completed in those third party website and payment platforms.
7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products and Services, use of the Service, or access to the Service or any contact on the website through which the Product and Service are provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
8. We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information and/or illustrative purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, and/or more timely sources of information. Any reliance on the material on this site is at your own risk. Further, our content in this website and in other social media platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference and information only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information and/or content on our website and/or in the social media platforms we use. You agree that it is your responsibility to monitor changes in the content and/or any type of information to our website, social media platforms, and/or any other channel of information we may use.
9. Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Products and/or Service (or any part or content thereof) without notice at any time. We shall not be liable to you and/or to any third-party for any modification, price change, suspension or discontinuance of the Products and Services.
10. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Policies. We make every effort to display as accurately as possible the best colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obliged, to limit and/or cancel and/or refuse the sale of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products and/or Services that we offer. All descriptions of Products and/or Services pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product and/or service at any time. Any offer of any product and/or service made on this website and/or in any media platform we may use is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
11. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household and/or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we cancel an order, we may attempt to notify you by contacting you via the e-mail and/or billing address/phone number provided by you at the time the order is made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, and/or distributors. You agree to provide current, complete and accurate purchase, and/or account information for all purchases made at our website and/or in the third parties’ website where you are redirected. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, and any other billing information required to complete the purchase, so that your purchase and your transactions can be completed.
12. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and/or “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of those optional third-party tools. Any use by you of those optional tools offered through this website is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms of use and other policies on which those tools are provided by the relevant third-party provider(s). In the future, we may also offer new Products and Services and/or Features through this website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
13. Certain content, products and services available via our Service may include materials from third-parties. Third party links on this website may re-direct you to third parties’ websites that may not be affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those websites. We do not warrant and we will not have any liability or responsibility for any third party content and/or websites’ operations, or for any other content, materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. The review of the third-party's policies and policies is at solely responsibility and you should make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third parties’ products should be channeled to directly those third parties.
14. If, at our request, you send certain specific submissions or without any request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments') in any channel we may use, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments. We have the right, but not the obligation, to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, our Terms of Use and our Policies.
15. You agree that your comments shall not have to violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website, any social media platform we may use, our service, and/or any related websites we may use. You may not use a false e-mail address, pretend to be someone else other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy, precision, validity. We take no responsibility and assume no liability for any comments posted by you or any third-party and we have the absolute right to delete any comments that can breach the Terms of Use and our Policies.
16. In addition to other prohibitions as set forth in the Terms of Use and other Policies, you are prohibited to use this website and/or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any local, federal, provincial or state federal, international regulation, rule, law, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality and/or operation of this website, the service and/or of any related websites, other websites, or the Internet per se; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of this website, the service or any related website, other websites, or the Internet. We reserve the absolute right to terminate your use of our website and the service and/or any social media channel we may use and/or any related websites for violating any of the prohibited uses given our Terms of Use and other of our Policies.
17. We cannot guarantee, represent or warrant that your use of our website and our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, this website and/or the service is at your sole risk. The service and all products and services delivered to you through this website or the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
18. In no case shall Creatureverse, LLC and/or iLoveEveryDog.com staff, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, processors, sub-processors, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation financial losses, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our website and/or the service and/or any products and services procured using our website and/or any social media channel we may use and/or the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. You agree to indemnify, defend and hold Creatureverse, LLC and/or iLoveEveryDog.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, processors, sub-processors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
19. The obligations and liabilities of the parties incurred prior to the termination date of any agreement and/or transaction or purchase shall survive the termination of this agreement for all purposes. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny your access to our services (or any part thereof). The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
20. You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
--
Material Modifications« Since May 1, 2020: none.