Terms & Conditions

1.– Accepting These Terms

1. Legally Binding – These Terms (as defined in Article 2) are a legally binding contract between you (the person using this website) and Art of the Pet, LLC (hereinafter “Art of the Pet”). By using Art of the Pet’s Services (as defined in Section 2.5), you are agreeing to these Terms. Throughout this document, the terms “you,” and “your,” refer to the User reading this document. Where the terms “we,” “us,” “our,” and similar are used, these terms refer to Art of the Pet, LLC.
   
2. Important Clauses – Please read Articles 9, 10, and 11 in particular very closely. These Sections detail your rights in any disputes whether with Art of the Pet or other Users of the Services.

2.– Definitions and Other Documents

1. Account Holders – Anyone that has created an account on Art of the Pet.
   
2. Buyer – Anyone that has made or is making a purchase on Art of the Pet.
   
3. Seller – Anyone that has sold, is selling, or plans to sell items on Art of the Pet.
   
4. Services – The Services offered by Art of the Pet consist of a buyer and seller marketplace to facilitate a transaction; and a forum for pet service providers and local artists to advertise their services and products.
   
5. Terms – The Terms consist of the following documents in alphabetical order:
   1. The “Advertising and Marketing Policy.” This document applies to all Sellers and Users purchasing advertising on Art of the Pet’s Services.
   2. The “Anti-Discrimination Policy.” This document applies to all users of the Services.
   3. The “API Terms of Use.” This document applies to all Users implementing the Art of the Pet API.
   4. The “Electronic Communications Policy.” This document applies to all Users of the Services.
   5. The “Fees and Payment Policy.” This document applies to all Sellers.
   6. The “Intellectual Property Policy.” This document applies to all Users of the Services and third parties owning intellectual property.
   7. The “Minors Policy.” This document applies to all minors and Account Holders that permit minors to use their account.
   8. The “Privacy Policy.” This document applies to all Users of the Services.
   9. The “Prohibited Items Policy.” This document applies to all Users of the Services.
   10. The “Requests for Information Policy.” This document applies to anyone wishing to request any User information from Art of the Pet.
   11. The “Sanctions Policy.” This document applies to all Users of the Services.
   12. The “Shipping Policy.” This document applies to all Sellers and any other Users who are shipping items via Art of the Pet’s services.
   13. The “Technologies Policy Including Cookies.” This document applies to all Users of the Services.
   14. This “Terms and Conditions” document. This document applies to all Users of the Services.
   15. The “Trademark Policy” document. This document applies to all Users that are using the Art of the Pet trademarks.
6. Users – Anyone who uses any of the Services offered by Art of the Pet. Users include all Account Holders, Buyers, and Sellers, as well as anyone that uses the Services without creating an account.
   
7. User Personal Information (“UPI”) – Information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. Art of the Pet does not consider UPI to include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.

3.– Privacy

1. Privacy Policy – The Privacy Policy details how information is used when you use our Services. By using the Services, you agree to the use of your information in the ways detailed in the Privacy Policy.
   
2. Responsibility for Personal Information – Under EU law, both Art of the Pet and a Seller (you, if you are selling products on Art of the Pet) are considered separate and independent data controllers of a buyer’s personal information. This is because both Art of the Pet and a Seller process the buyer’s personal information (such as the buyer’s name, email address, and shipping address). As a result, each party (Art of the Pet and the seller) are individually responsible for the personal information it processes in order to provide the Services. Therefore, each party is held responsible for any disclosure of this information.
   If Art of the Pet and the Seller are considered joint data controllers, then if Art of the Pet is sued, fined, or otherwise incurs expenses because of something a seller does as a joint data controller of the Buyer’s personal information, then the seller agrees to indemnify Art of the Pet for the expenses it incurs in connection with the seller’s processing of the Buyer’s information. See Section 9.X for further information about what this means for Sellers.

4.– Account Rules

1. There are several rules that you must agree to in order to become an Account Holder.
   1. You must be eighteen (18) years of age or older to use the Services.
      1. A minor that is under the age of eighteen (18) and thirteen (13) years of age or older may use the account of a parent or legal guardian with that parent or legal guardian’s permission and direct supervision. Children under the age of thirteen (13) shall not use Art of the Pet or the Services.
      2. You are responsible for any and all account activity conducted by a minor on your account. Further information can be found in the Policy on Minors.
   2. Accurate information must be provided in order to create an account. False information or information about a person or company that is not you is not permitted.
   3. User names for accounts may not contain language that is offensive, vulgar, infringes someone else’s intellectual property rights, or otherwise violates the Terms.
   4. You are solely responsible for any activity on your account. If the account is shared with any other person, than the person whose billing information is on the account will be ultimately responsible for all activity on the account.
      1. If you are registering the account as a business entity, then you guarantee that you are authorized to agree to the Terms on behalf of the company.
      2. Accounts are not transferable between Users.
   5. We is not responsible for any activity on an account if access to that account was gained by the loss of your password.
   6. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and us.

5.– User Content

1. Content Belongs to Users – Content posted by you belongs to you (“User Content”). This includes anything posted by you using Art of the Pet’s Services including shop names, profile pictures, listing photos, listing descriptions, reviews, videos, usernames, etc.
   
2. Responsibility for Content – You are solely responsible for your content. By posting content on Art of the Pet, you represent that you have all the necessary rights to the content and that you are not infringing or violating any third party’s rights by posting it.
   
3. Rights Granted to Art of the Pet – By posting User Content through the Services, you grant us a license to use the content. We does not claim any ownership to the content, however, you are granting us permission to use the content to function and grow the Services.
   
   1. By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, story, and prepare derivative works of the User Content.
   2. This license permits us to provide the Services and promote Art of the Pet, your content, or the Services in general, in any formats and through any channels, including across any of our Services, partners, or third-party website or advertising medium.
   3. You agree not to assert any moral rights or rights of publicity against usfor using the User Content.
   4. You recognize our legitimate interesting in using the content, in accordance with the license, to the extent the User Content contains any personal information.
      
4. Reporting Unauthorized Content – If your content is posted by someone other than yourself or someone else that owns or has rights to it without your permission, then follow the steps listed in the Intellectual Property Policy. We will notify Users whose content is removed due to an Intellectual Property complaint.
   
5. Inappropriate, False, or Misleading Conduct – You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of the Prohibited Items Policy, Community Policy, or any part of the Terms. You also agree not to post any content that is false or misleading or uses the Services in manner that is fraudulent or deceptive.

6.– Use of Art of the Pet Services

1. License to Use Art of the Pet Services – We grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This license is subject to the Terms and the following specific limitations:
   1. You agree you will not violate any laws, local, state, federal, international, or otherwise, that may apply to you through use of the Services. Examples include (but are not limited to) obtaining any permits or licenses your shop requires or selling things that violate the laws. You must comply with the Sanctions Policy and agree not to engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Art of the Pet, another User, or a third party.
   2. You are responsible for paying all fees owed to Art of the Pet.  You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Art of the Pet service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on Art of the Pet's net income).  
   3. You agree not to “crawl,” “scrape,” or “spider” any page of the Services, reverse engineer, or attempt to obtain the source code of the Services. If you wish to use the Art of the Pet API, then you must reference the guidelines set out in the API Use Policy.
   4. You agree not to interfere with, disrupt, or try to disrupt the Services. This includes but is not limited to any form of Distributed Denial of Service (DDoS) attack, distributing viruses, or distributing any other form of harmful computer code.
   5. The Art of the Pet logo, “Art of the Pet,” and other marks, phrases, logos, and designs used in connection with the Services, are trademarks, service marks, or trade dress of Art of the Pet in the U.S. and other countries. If you wish to use any of these, please refer to the Art of the Pet Intellectual Property Policy.
   6. Any unsolicited ideas or other materials submitted to us (not including the User Content or items sold using the Services) will be considered non-confidential and non-proprietary to the submitter. By submitting an idea or other material to Art of the Pet, the submitter grants us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish the submitted ideas and materials for any purpose and without any compensation to the submitter.
   7. We may provide certain legal information to Users in writing. The Electronic Communications Policy describes how this information will be provided to users. In short, this policy states that we can communicate with you electronically and that electronic agreement is equivalent to a signature. By using the Services, you agree to this policy.

7.– Termination

1. Termination by Account Holder – You may terminate your account with us at any time from the account settings. Terminating the account will not affect the availability of some of the User Content that is posted via the Services prior to termination. Outstanding bills and fees must be paid even if the account is terminated.
   
2. Termination by Art of the Pet – We may terminate or suspend your account and/or your access to the Services at any time, for any reason, and without any advance notice. You do not have a contractual or legal right to continue to use the Services. We may refuse service to anyone, at any time, for any reason.
   
3. Effect of Termination – If we or you terminate the account, you may lose any information associated with the account including the User Content.
   
4. Discontinuance of Services – We reserve the right to change, suspend, or discontinue any of Services at any time and for any reason. We will not be liable for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
   
5. Survival of Terms – The Terms will remain in effect even after your access to the Services is terminated or your use of the Services ends.

8.– Warranties and Limitations of Liability

1. Purchased Items – You acknowledge that we do not manufacture, story, or inspect any of the items sold through the Services.
   1. Items sold through the Services by Sellers are produced, listed, and sold directly by the Sellers. We cannot and do not make any warranties about the quality, safety, or legality of the items sold by Sellers through the Services.
   2. Any legal claim regarding a purchase from a Seller must be brought directly against the Seller. You release us from any claims related to the items sold through the Services, including claims for defective items, misrepresentation by Sellers, or items that cause physical injury including produce liability claims.
2. Accessed Content – You acknowledge that you may come across materials you find offensive or inappropriate while using the Services.
   1. We makes no representations concerning any User Content posted by Users through the Services.
   2. We are not responsible for the accuracy, intellectual property compliance, legality, or decency of content posted by Users.
   3. You release us from all liability relating to User Content.
3. Interaction with Other Users – The Services can be used to interact with other individuals, either online or in person.
   1. You acknowledge that you understand that we do not screen Users of the Services.
   2. You release us from all liability regarding your interactions with other Users.
4. Third-Party Services – Our Services may contain links to third-party websites or services that we do not own or control. You may need to use a third party’s product or service in order to use some Services.
   1. Access of these third-party services is done at your own risk.
   2. Third parties may require you to accept their own, separate, terms of use. Such agreements are solely between you and the third party. Art of the Pet is not a party to such an agreement.
5. Gift Cards and Promotions – We do not make any warranties with respect to your gift card balance. We are not responsible for any unauthorized access to, alteration, theft, or destruction of a gift card or gift card code that results from any action by you or a third party.
   1. You acknowledge that we may suspend or prohibit use of a gift card or gift card code if the gift card or gift card code has been reported lost or stolen.
   2. You acknowledge that we may suspend or prohibit use of a gift card or gift card code if we believe the balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner.
   3. If a gift card code stops working, a gift card code replacement must be issued.
   4. By participating in a special offer or promotion, you agree that you may not later claim that the rules of the special offer or promotion were ambiguous.
6. Warranties – You understand that the Services are provided “as is” and without any kind of warranty, express or implied.
   1. We expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
   2. We expressly disclaim any warrants implied by a course of performance, a course of dealing, or usage of trade.
   3. We do not guarantee that:
      1. The Services will be secure or available at any particular time or location;
      2. Any defects or errors will be corrected;
      3. The Services will be free of viruses or other harmful materials; or
      4. The results of using the Services will meet your expectations.
   4. You use the Services solely at your own risk.
   5. Some jurisdictions do not allow limitations on implied warranties. As such, the limitations listed in this section may not apply to you.
7. Liability Limits – To the fullest extent permitted by law, neither Art of the Pet, nor its employees or directors shall be liable to you for any lost profits or revenues. Neither Art of the Pet, nor its employees or directors shall be liable to you for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or the Terms. In no event shall Art of the Pet’s aggregate liability for any damages exceed the greater of one hundred ($100) U.S. dollars or the amount you paid Art of the Pet in the past twelve (12) months.
   Some jurisdictions do not allow limitations on incidental or consequential damages. In such situations, the above limitations may not apply to you.

9.– Indemnification

1. You agree to indemnify us if we are sued due to your actions. In this situation, you will defend Art of the Pet and any of its employees. You will also hold us harmless from any legal claim or demand including reasonable attorney’s fees that arise you’re your actions, use or misuse of the Services, breach of the Terms, or infringement of someone else’s rights
2. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us. In such a case, you agrees to cooperate with us in the execution of legal strategy.

10.– Disputes With Other Users

1. Release of Art of the Pet – You agree to release us from any claims, demands, and damages arising out of disputes with other Users or parties.
2. Dispute Resolution Process.
   1. If you have a dispute with another user you should email [email protected] with the following details: 
      1. Order Date.
      2. Order Number.
      3. Description of the Issue.
      4. Did you try to resolve the issue directly with the other user?
      5. If the answer above is “No,” please contact the other user directly first and attempt to resolve the issue with them.
      6. If the answer is “Yes,” please include copies of the communications you have had with the other user.
      7. Description of the desired outcome.
   2. Art of the Pet will respond to all dispute filings within [X] business days

11.– Disputes with Art of the Pet

1. Governing Law – The Terms are governed by the law of the state of Texas, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply regardless of where in the world you live. If you live outside the United States, you may be entitled to protection of the mandatory consumer protection provisions of your local consumer protection laws.
2. Arbitration and Waiver of Trial by Jury – You and Art of the Pet agree that any dispute or claim arising from or relating to the Terms shall be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules then in effect. Those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms.
   The AAA rules can be found [link].
   Arbitration will be handled by a sole arbiter in accordance with the AAA rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis. Class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Art of the Pet are each waiving the right to trial by jury and to participate in a class action or class arbitration.
   Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if the claim qualifies, the claim remains in such court, and the claim remains on an individual, non-representative, and non-class basis.
3. Costs of Arbitration – Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000.00, Art of the Pet will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, if Art of the Pet is found to be at fault, unless the arbitrator finds that either the substance of the claim or the relief sought was frivolous or brought for an improper purpose. If Art of the Pet is not found to be at fault, then by signing this agreement you are voluntarily agreeing to pay your filing, administrative, and arbitrator fees.
4. Forum – Art of the Pet is based in Denton, Texas. Any legal action brought against Art of the Pet related to the Services must be filed and take place within Denton. The seat of any arbitration shall also be Denton. For any actions not subject to arbitration, the User and Art of the Pet agree to submit to the personal jurisdiction of a state court located in Denton County, Texas or the United States District Court for the Eastern District of Texas.
5. Government Exception – If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses of this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas.
6. Modifications – If any changes are made to the “Disputes with Art of the Pet” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Art of the Pet prior to the date those changes became effective.
   We will notify you of substantive changes to the “Disputes with Art of the Pet” section at least thirty (30) days prior to the date the change will become effective. If you do not agree to the modified terms, you may send us a written notification (including email) or close your account within those thirty (30) days.
   By rejecting a modified term or permanently closing the account, you agree to arbitrate any disputes between you and us in accordance with the provisions of this “Disputes with Art of the Pet” section as of the date you last accepted the Terms, including any changes made prior to the rejection.
   If you reopen the closed account or create a new account, you agree to be bound by the current version of the Terms.

12.– Changes to These Terms

1. We reserve the right to update these Terms. You will be notified of material changes to the Terms via one or both of the following methods:
   1. Posting the changes through the Services;
   2. Sending you an email or message about the changes.
2. Changes to the Terms will be effective upon posting of the updated Terms. You are responsible for reviewing any changes. Continued use of the Services after changes are made constitutes your acceptance of the changes and the updated Terms.

13.– Other Legal Points

1. The Terms, including all policies making up the Terms and referenced within the Terms, supersede any other agreement between you and us regarding the Services.
2. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary. The remaining parts of the Terms will remain in full force and effect.
3. The failure of Art of the Pet to enforce any part of the Terms is not a waiver of the right to later enforce that or any other part of the Terms.
4. Art of the Pet may assign any of its rights and obligations under the Terms.

14.– Contacting Art of the Pet

1. If you have any questions about the Terms, please contact us at [email protected]