By visiting and accessing the information, resources, services, tools, and products on this site (hereafter referred to as “Resources”), you agree to accept and adhere to the following terms and conditions (hereafter referred to as “User Agreement”), and applicable laws, regulations, and generally accepted online practices and guidelines. We may change this User Agreement from time to time without notice. It is your responsibility to periodically review this User Agreement for modifications. Your use of this site after such modifications are made constitutes your agreement to the modified terms and conditions.
By using this website, you understand and agree to the following:
a. Our Property: Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. For further copyright and trademark rights, see the sections below.
b. Your Privacy: To access our Resources, register for an account, or purchase on our site, you may be required to provide information about yourself (such as identification, contact details, etc.). You agree that the information you provide is accurate and current. You are responsible for maintaining the confidentiality of your personal login information and activities associated with any account(s) you use to access our Resources. We respect your privacy: Your information is used solely within the company to fulfill your order. We ask for your email address and telephone number for shipping purposes and to contact you if there is a question about your order, or to improve our services to you.
c. Illegal Access: Accessing (or attempting to access) our Resources other than through the means we provide is prohibited. Any activity that disrupts or interferes with our Resources, servers and/or networks is prohibited. You agree not to access (or attempt to access) or interfere with our Resources through any unethical, illegal or unconventional means. You are responsible for any consequences, losses, or damages that we directly or indirectly incur due to unauthorized activities conducted by you, and may incur criminal or civil liability.
d. Open Communications: The website may include open communication features, such as public comments, blog posts, newsgroups, product ratings and reviews, and social media services. You agree to use these tools in a responsible and ethical manner, and that you will not upload, post, share, or otherwise distribute content that is illegal, threatening, defamatory, abusive, harassing, intimidating, fraudulent, deceptive, racist, or contains suggestive, inappropriate, or explicit language; supports animal abuse or causes harm (directly or indirectly, physical or psychological) to any animal in any way; infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; or contains unauthorized or unsolicited advertising.
e. Your Posted Open-Communications Content: We assume no liability for content posted by you or other third-party users. Content posted by you using open communication tools cannot violate third-party copyrights or trademarks, and becomes the property of this company, with perpetual, irrevocable, worldwide, royalty-free license to reproduce, modify, adapt, publish, display and/or distribute. This only applies to content posted via open-communication tools as described, and does not refer to information that is provided as part of the registration process, or that is necessary in order to use our Resources.
f. Content Removal: We have the right to remove content that violates this User Agreement, including content that in our judgment is offensive, objectionable, inaccurate, or violates third-party copyrights or trademarks. You consent to removal of such content, and waive any claim against us. We are not responsible for a delay or failure in removing user content.
g. Hold Harmless: You agree to indemnify and hold harmless Stark Raving Cat, Forkmedia LLC, our staff and affiliates from and against all losses, expenses, damages, costs, and reasonable attorneys’ attorneys’ fees, resulting from violation of this User Agreement or failure to fulfill any obligations relating to your account incurred by you or any person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide such cooperation as is reasonably requested.
h. Warrants: By using our website, you understand and agree that all Resources we provide are “as is” and “as available.” We do not represent or warrant that the use of our Resources will be uninterrupted, timely, secure, or free from errors. Any content downloaded or otherwise obtained through our Resources is done at your own discretion and risk; you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. No information or advice (implied, oral or written) obtained through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
i. Limitation of Liability: Any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. We will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages that may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that limitation of liability laws apply.
j. Product Use: Products made and/or sold by Stark Raving Cat are intended for supervised use with pets. In no event should you allow a pet to use a product unattended or unsupervised; do not leave a child or pet unattended with any product that may present as a choking hazard. You agree and acknowledge that any product purchased is used at your own risk, and you should assess the risks individual to your pet before purchasing or using any product. Stark Raving Cat and Forkmedia LLC are not responsible for any damages or injury that may occur from the use or misuse of toys or products, and assume no liability or responsibility for damage or injury to persons, pets or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. By purchasing our product(s) you automatically agree to the Terms and Conditions of use. Please read this document carefully. If you do not agree to the Terms and Conditions of this User Agreement, do not purchase a product made by Stark Raving Cat or Forkmedia LLC.
k. Copyrights and Trademarks: All content and materials available on www.StarkRavingCat.com, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Forkmedia LLC and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site without also clearly crediting Stark Raving Cat or Forkmedia LLC as the source is strictly prohibited, unless specifically authorized by Forkmedia LLC.
l. Termination of Use: We may, at our discretion, suspend or terminate your access to all or part of our website and Resources, with or without notice, for any reason, including without limitation breach of this User Agreement. Suspected illegal, fraudulent, or abusive activity may result in terminating your access and be referred to law-enforcement authorities. Upon suspension or termination, your right to use the Resources will cease, and we have the right to remove or delete your information on file with us, including account or login information.
m. Governing Law: This website is accessible worldwide and controlled from our offices in the state of Texas, USA. The statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to use of this website and the purchase of any products or services through this site. Any action to enforce this User Agreement shall be brought in federal or state courts in the United States, in Texas. You agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
n. Guarantee: UNLESS OTHERWISE NOTED, FORKMEDIA LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
o. Contact Information: If you have questions or comments about these Terms of Service contact us at: Forkmedia LLC, PO Box 2261, Wimberley, TX 78676, USA. Or at cat_AT_starkravingcat_DOT_com.