TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Bettas & Art, also known as, located at 324 50th Street FL3, Brooklyn, New York 11220, and our subsidiaries and affiliates, in association with the use of the website, which includes bettasandart.com (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Imported Bettas, Breedings, and Accessories for Sale
Any and all visitors to our site and/or member , member or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Bettas & Art the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
Those areas which may be deemed “publicly accessible” areas of Bettas & Art’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both visitors . However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging
Visiting https://bettasandart.com or sending emails to Bettas & Art constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
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 and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bettas & Art is not responsible for third party access to your account that results from theft or misappropriation of your account. Bettas & Art and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
CHILDREN UNDER THIRTEEN
Bettas & Art does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://bettasandart.com only with permission of a parent or guardian.
CONTRIBUTIONS TO COMPANY WEBSITE
Bettas & Art provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
All users and/or members herein agree to insure and hold Bettas & Art, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to ‘s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Bettas & Art may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Bettas & Art, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Bettas & Art’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Bettas & Art has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Bettas & Art shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on Bettas & Art’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on bettasandart.com. It is your agreement to this TOS which establishes your consent to allow Bettas & Art to store any and all communications on its servers.
CHANGES TO TERMS
Bettas & Art shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of bettasandart.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to [email protected]
As a member, you agree that Bettas & Art may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with bettasandart.com shall include any and/or all of the following:
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Bettas & Art shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
https://bettasandart.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bettas & Art and Bettas & Art is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bettas & Art is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bettas & Art of the site or any association with its operators.
Certain services made available via https://bettasandart.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the https://bettasandart.com domain, you hereby acknowledge and consent that Bettas & Art may share such information and data with any third party with whom Bettas & Art has a contractual relationship to provide the requested product, service, or functionality on behalf of https://bettasandart.com users and customers.
You do hereby acknowledge and agree that Bettas & Art’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Bettas & Art or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Bettas & Art Services (e.g. Content or Software), in whole or part.
Bettas & Art herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Bettas & Art for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BETTAS & ART AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Bettas & Art’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Bettas & Art and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.
Bettas & Art may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Bettas & Art trademarks, copyright, trade name, service marks, and other Bettas & Art logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Bettas & Art. You herein agree not to display and/or use in any manner the Bettas & Art logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Bettas & Art will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, Bettas & Art may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The Bettas & Art Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Bettas & Art
Attn: Copyright Agent
324 50th Street FL3
Brooklyn, New York 11220
Email: [email protected]
BE IT KNOWN, that Bettas & Art complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at bettasandart.com.
This TOS constitutes the entire agreement between you and Bettas & Art and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Bettas & Art Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Bettas & Art Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Bettas & Art with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of New York without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Bettas & Art, shall be filed within the courts having jurisdiction within the County of Kings County, New York or the U.S. District Court located in said state. You and Bettas & Art agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Bettas & Art agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Bettas & Art fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Bettas & Art as follows:
Bettas & Art
Attn: Copyright Agent
324 50th Street FL3
Brooklyn, New York 11220
Email: [email protected]