Last Updated: 05/18/2020

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Terms of Website Use:

All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

TERM; TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Critterfacts Global, LLC. (“Critterfacts”) without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

PRIVACY

Please review our Privacy Notice, which also governs your visit to critterfacts.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit critterfacts.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Critterfacts Global, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Critterfacts Global, LLC and protected by U.S. and international copyright laws. All software used on this site is the property of Critterfacts Global, LLC. or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Unless otherwise indicated, the Content of critterfacts.com, including, but not limited to, products, apparel, graphic images, buttons, layout, trademarks, logos, text, and other materials contained in this website are the exclusive property of Critterfacts Global, LLC. and the organizations whose product it represents. Critterfacts Global, LLC. trademarks and trade dress may not be used in connection with any product or service that is not Critterfacts Global, LLC., in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Critterfacts Global, LLC. All other trademarks not owned by Critterfacts Global, LLC. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Critterfacts Global, LLC.

LICENSE AND SITE ACCESS

Critterfacts Global, LLC. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Critterfacts Global, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Critterfacts Global, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Critterfacts Global, LLC. without express written consent. You may not use any meta tags or any other “hidden text” utilizing Critterfacts Global, LLC.’s name or trademarks without the express written consent of Critterfacts Global, LLC. Any unauthorized use terminates the permission or license granted by Critterfacts Global, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to critterfacts.com so long as the link does not portray Critterfacts Global, LLC, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Critterfacts Global, LLC. logo or other proprietary graphic or trademark as part of the link without express written permission.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Critterfacts Global, LLC. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Critterfacts Global, LLC. does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use critterfacts.com only with involvement of a parent or guardian. Critterfacts Global, LLC. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RISK OF LOSS

All items purchased from Critterfacts Global, LLC. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

FORCE MAJEURE

Critterfacts shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

PRODUCT AND CONTENT ACCURACY

Critterfacts Global, LLC. attempts to be as accurate as possible. However, Critterfacts Global, LLC. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Critterfacts Global, LLC. itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED CRITTERFACTS GLOBAL, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CRITTERFACTS GLOBAL, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,CRITTERFACTS GLOBAL, LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CRITTERFACTS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM CRITTERFACTS GLOBAL, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CRITTERFACTS GLOBAL, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

None of the statements appearing on this website or the products advertised for sale on the website have been evaluated by the Food and Drug Administration (FDA). These statements and products are not intended to diagnose, treat, cure or prevent any disease. If you have, or think you may have any health condition or disease, see a competent authorized health practitioner and do not attempt any of the techniques, ideas, knowledge, suggestions or comments contained in the statements appearing on this website or the products sold herein without consulting the health professional of your choice.

APPLICABLE LAW

By visiting critterfacts.com, you agree that the laws of the state of Indiana, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Critterfacts Global, LLC.

DISPUTES

Any dispute relating in any way to your visit to critterfacts.com or to products or services sold or distributed by Critterfacts Global, LLC. or through critterfacts.com shall be adjudicated in any state or federal court in Indiana and you consent to exclusive jurisdiction and venue in such courts.

SEVERABILITY

If any of the conditions listed in these terms of use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

PARTICIPATION DISCLAIMER

Critterfacts Global, LLC. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Critterfacts Global, LLC. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Critterfacts Global, LLC. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Critterfacts Global, LLC. in its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Critterfacts Global, LLC., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD PARTY LINKS

In an attempt to provide increased value to our visitors, Critterfacts Global, LLC. may link to sites operated by third parties. However, even if the third party is affiliated with Critterfacts Global, LLC. It has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Critterfacts Global, LLC.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Critterfacts Global, LLC. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

 

Author/Contributor Terms:

As an approved contributor to critterfacts.com you are hereby agreeing to the terms put forth by CritterFacts Global, LLC. (also referred to as CritterFacts) as outlined below.

By submitting content you agree to the following:

  1. CritterFacts reserves the right to refuse posting any content that we deem not beneficial or relevant to the community. Content will be reviewed, ran through evaluation software, and we may make suggestions for improving the readability or discovery of the content.
  2. All written content that is contributed to CritterFacts must be your own original and unique work. Submitted content must not have been published on any other website, social media network, chat, forum, or any other such publication.
  3. CritterFacts does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit for display or distribution. Unless otherwise agreed to in writing, by submitting content you hereby grant CritterFacts and its partners a worldwide irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, edit, prepare derivative works of, display, and perform the content in any media format and through any media channels. CritterFacts shall, in its sole discretion, use reasonable efforts to include attribution language identifying the owner of such content.
  4. Images and/or video that accompanies your submitted content, or that are standalone, must meet the following requirements:
  5. You agree that you are the copyright holder of the image/video OR the image/video must be licensed under an appropriate creative commons license or in the public domain. Proof must be submitted along with any image/video showing that it does not infringe on copyright laws.
  6. CritterFacts Global reserves the right to edit the image and/or video if necessary.
  7. If people, trademarks, or copyrighted contents are visible and included in the image/video, then you must provide a written release allowing use of image/video.
  8. You are solely responsible for ensuring that submission of content to CritterFacts does not conflict with any copyright or publication rights already granted to other publishers, and CritterFacts is not responsible for any infringement of external publication rights. Additionally, you agree that your content does not infringe the copyrights, trademarks, privacy, publicity, or other rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You will indemnify and hold CritterFacts harmless against any damages sustained or expenses incurred in connection with any claim, action, or proceeding based on an actual or alleged violation of these representations and warranties.
  9. Your content does not contain any express or implied statements of fact that are untrue, false, or misleading.
  10. Affiliate links are not be included in content submissions. CritterFacts reserves the right to add its affiliate links where appropriate.
  11. CritterFacts reserves the right to display advertisements in connection with submissions and to use submissions for advertising and promotional purposes.
  12. CritterFacts reserves the right at any time to modify this agreement and to impose new or additional terms or conditions on content submissions. Such modifications and additional terms and conditions will be effective immediately and incorporated into this agreement. Notices of updated terms will be sent electronically to current and approved contributors email addresses on file. Otherwise the modifications will appear here.
  13. You agree that any dispute related to this agreement will be governed by the laws of the State of Indiana, excluding its conflicts of law provisions.
  14. CritterFacts is under no obligation to modify or delete your content once it is posted, but reserves the right to do so at our discretion.  In addition, you acknowledge and agree that we reserve the right to remove your content if we receive notification claiming that your content may have violated another person’s intellectual property rights.
  15. You agree and acknowledge that by submitting content, and the publishing thereof, that there is not a partnership, joint venture, employment, consulting, or other such relationship between you and CritterFacts. CritterFacts reserves the right to remove an author/contributor at any time for any reason.

Online Content Submission Licensing Terms:

This licensing agreement (the “Agreement”) is dated as of the date on which Licensor (defined below) accepts the terms hereunder (the “Effective Date”) and is between Critterfacts Global, LLC, a Indiana corporation.  (“Critterfacts”), and you, the individual named on the attached contact form, (the “Licensor” and collectively with Critterfacts, the “Parties”).

Critterfacts owns and operates, among other things, (i) various media properties; (ii) the mobile application equivalents of the foregoing; (iii) social media channels representing the foregoing; and (iv) content created in association with other entertainment producers and partners in various medium (collectively, the “Properties”).

The Parties wish to enter into an agreement under which the Critterfacts will license from the Licensor certain content (defined below) to promote on critterfacts and the Properties and therefore agree as follows:

  1. Content. The Licensor has created certain content, referenced in the contact (the “Content”).
  2. Grant of License. The Licensor hereby grants to critterfacts a non-exclusive, royalty-free, fully paid-up, perpetual, worldwide license to use the Content, as provided by the Licensor, in accordance with the following requirements:

(a)    Critterfacts may reproduce or distribute the Content on the various digital properties owned, operated, or otherwise controlled by the Critterfacts, including, without limitation, the Critterfacts website, the programming it creates (including that for commercial purposes), and all official social media representing the Critterfacts business.

(b)   Critterfacts may incorporate the Content in any manner Critterfacts sees fit in Critterfacts film or video productions (each, a “Production”), and to use and authorize others to use the Content as so incorporated in the Production in the distribution, sale, licensing, marketing, advertising, promotion, exhibition and other exploitation of the Production throughout the world, on a perpetual basis, and in any medium or format whatsoever now existing or later created.

(c)    Unless otherwise agreed upon by the Parties, Critterfacts shall, in its sole discretion, use commercially reasonable efforts to include attribution language identifying the Licensor as the source and owner of the Content.

  1. Representation.

(a)   The Licensor represents that the Licensor has good, valid and transferable title to all of the Content, and that any and all Content is free and clear of any liens, pledges, transfer restrictions, security interest or other encumbrances of any kind in each case other than those imposed by applicable law and incurred in the ordinary course of business for obligations not past due.

(b)   Each Party represents that execution, delivery and performance of this Agreement and the consummation of the transactions contemplated under this Agreement will not conflict with or result in any violation, breach or default under (i) any applicable law; (ii) any licenses, permits, franchises or other authorizations from a governmental authority applicable to either Party or the Content; or (iii) any contract to which either Party, or either Party’s properties or assets are bound.

  1. Indemnification. Each Party (in such capacity, the “Indemnitor”) shall, at its own expense, indemnify, defend and hold harmless the other Party (in such capacity, the “Indemnitee”), its parents, affiliates, subsidiaries, licensees, successors and assigns and their respective officers, directors, employees, representatives, and agents from and against and in respect of any and all third-party claims, suits, actions or other proceedings of whatever nature or kind, whether formal or informal, (collectively, “Claims”) brought against the Indemnitee, its affiliates or any of their respective officers, directors, employees, representatives, or agents, as well as from and against and in respect of any damages (including, without limitation, reasonable outside attorneys’ fees) to the extent that such Claims are directly caused by: (i) any breach or alleged breach by the Indemnitor of its representations, warranties, covenants, or other obligations hereunder; or (ii) the Indemnitor’s performance or non-performance of its obligations hereunder.
  2. General Terms. This Agreement is governed by and construed in accordance with the laws of the State of Indiana without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement shall only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in the State of Indiana. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this Agreement. A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

By agreeing to the click-through associated with the content submission form, the Parties agree to the terms and conditions included in this Agreement .