Terms and Conditions

To access Creatures and Critters.com and/or use any of our services you must agree to the following terms and conditions. These terms and conditions apply to registered members and non-registered surfers. If you do not agree to the terms and conditions listed below, you may not use or access Creatures and Critters.com. In these terms and conditions, Creatures and Critters.com may be referred to as Creatures and Critters, Corp., the “Site” or “We”.

General Use.

The use of this Site and any of the services represented is intended for use by individuals over the age of 18 and/or those who can form legally binding contracts as allowed by applicable law. You must be 18 years of age or older and accept these terms and conditions to purchase or offer for sale anything on Creatures and Critters.com. For businesses, corporations, partnerships and LLCs, a certifying official of the business entity who is able to enter into a legally binding contract as allowed by applicable law must accept these terms and conditions and is responsible for ensuring their entity’s compliance with the terms and conditions listed herein.

Site Purpose and Representations.

Creatures and Critters.com is a venue. The Site acts as a venue for people selling or looking to buy or find animals or animal related products or information to connect with each other. We expect and demand that all parties using this Site adhere to all local, state, federal or international laws and regulations. We do not make any representations as to the legality, quality, validity, truth, accuracy, seller’s ability to sell or buyer’s ability to buy any of the animals, services, products or information found on Creatures and Critters.com. Neither do we endorse or recommend any of the animals, products, services, information, buyers or sellers listed on this Site. It is your responsibility to thoroughly investigate any party prior to initiating any business transaction with that party. Furthermore we do not make any representations as to the accuracy of the articles, information and advice found on this Site. It is your responsibility to report any misuse or suspected fraudulent or illegal activity on this Site by contacting us at content@creaturesandcritters.com. We will investigate any accusations and remove and/or suspend any members, advertisements or information found to be illegal or in violation of the Site’s terms and conditions.

Selling on the Site.

You must be legally able to sell and/or ship the animals or items you list for sale on this Site. You must adhere to all local, state, federal and international laws and regulations including but not limited to those rules and regulations set forth by the U.S. Fish and Wildlife Service, the United States Department of Agriculture, Department of Transportation or your local animal and game regulatory agency.

You must accurately describe your animal, item or service without any misrepresentations. The information, animals, products or services that you list on this Site must not be fraudulent, involve counterfeit products or stolen animals or products and/or infringe on any copyright, trademark, patent or other proprietary rights. You must list your animal, item or service in the appropriate category. We reserve the right to change your listing category if we feel it is listed incorrectly. If we exercise this right, we will notify you 48 hours prior to making any changes. If you disagree with our decision, you may state your case by contacting us at content@creaturesandcritters.com. We will make every attempt to respond to your request within 48 hours. We will gladly work with you to determine the best placement for your listing. Our goal is to help you promote your listing to obtain the best possible exposure. If we can not agree on the best placement for your listing, you reserve the right to cancel your listing and receive a pro-rated refund of fees already paid.

Buying on the Site.

You must be legally able to buy the animals or items for sale on this Site. You must adhere to all local, state, federal and international laws and regulations including but not limited to those rules and regulations set forth by the U.S. Fish and Wildlife Service, the United States Department of Agriculture, Department of Transportation or your local animal and game regulatory agency. You are solely responsible for ensuring that it is legal for you to buy and/or own animals offered for sale on this Site. You must abide by the sellers terms and conditions as long as said terms and conditions are not unlawful.

Pictures, Graphics, Text and Information on the Site.

5.1 Yours.

By submitting pictures, graphics, text or information you are claiming that you are the copyright owner. You accept all responsibility for ensuring that said pictures, graphics, text or information do not infringe on any other copyrights.

By providing pictures, graphics, text or information to this Site for posting or advertisement, you hereby grant Creatures and Critters, Corp. (A.K.A. Creatures and Critters.com) a non-exclusive, worldwide, irrevocable, perpetual and royalty-free permission to exercise the copyright, publicity and database rights so that we do not violate any right you may have to said pictures, graphics, text or information. In doing so, you also grant permission to use said pictures, graphics, text or information throughout the site for purposes other than your listing, posting or advertisement. We will never use said pictures, graphics, text or information in a manner that competes with your listing or advertisement. We will give you full credit for any pictures, graphics, text or information used elsewhere in the Site whenever possible. We will gladly honor any request to remove said pictures, graphics, text or information from areas of the Site that you deem incompatible with your listing or business and will do so immediately upon receipt of such request.

5.2 Ours.

Pictures, graphics, text and Information on this Site are owned by Creatures and Critters, Corp, used with permission of the copyright owner or licensed to Creatures and Critters, Corp for use as part of this Site. All pictures, graphics, text and information are copyright protected. We, the copyright owners and/or its licensors reserve all rights associated with the pictures, graphics, text and information found on this Site. If you suspect any copyright infringements, please contact us at content@creaturesandcritters.com immediately.

5.3 Theft or Misuse.

Pictures, graphics, text or information on this site may not be used by any other party unless specific permission has been granted by the owner. Any such theft or misuse will be considered copyright infringement and subject to all legal consequences. Any member found to be using another member’s pictures, graphics, text or information will be suspended and their listing will be removed.

5.4 Your Responsibility.

Any information provided to this Site must be accurate and responsible. We do not condone, promote or allow the use of offensive, profane, harmful, inaccurate or deceptive information on this Site. If you find information on this Site that you feel is inappropriate, offensive, inaccurate or in violation of the terms and conditions of this Site please contact us at content@creaturesandcritters.com so that we may properly investigate your concern. If we deem any information or advertisement on this Site to be as stated above, we will remove it immediately and initiate any corrective action that we deem appropriate as allowed by law.

Linking Policy.

6.1. Links to Us.

Any Web site supporting the responsible ownership, trade and care of animals may provide a link to this Site as long as the linking Web site does not imply association, partnership, agency, employment, franchise relationship or other affiliation with Creatures and Critters, Corp. You may not link to this Site if your Web site includes content that is in anyway unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable. If in our sole discretion, we feel that your site is incompatible with Creatures and Critters.com we may revoke your permission to link to us.

We will provide banner advertisements and button links to Creatures and Critters.com which you may display on your Web site, provided you abide by these terms and conditions. In doing so you agree that you will not alter any aspect of the banner advertisements or button links without the express written permission of Creatures and Critters, Corp.

For available banner advertisements and button links, click here.

6.2. Links to Others.

This Site contains links to other Web sites controlled, owned, operated or offered by third parties. Creatures and Critters.com hereby disclaims liability for any animals, information, products or services posted or offered at any of the third party sites linked to this Site. Creatures and Critters.com does not in any way endorse or recommend any animals, information, products or services offered or contained in third party Web sites nor is Creatures and Critters.com liable for any misrepresentations or failure of animals, information, products or services offered or advertised at third party sites.

International Trade.

This site is intended for U.S. residents, however we will gladly allow use by any party to the extent that is allowed by local, state, federal and international laws, the Convention on International Trade in Endangered Species (CITES) and those laws which regulate the trade and transportation of animals and the products offered on this Site. It is the responsibility of the buyer and seller to ensure that any transaction or sale is legal. Parties conducting international business activities are subject to all applicable laws and hereby release Creatures and Critters, Corp. (A.K.A. Creatures and Critters.com) and our officers, directors, agents, employees and affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or in any way connected with a dispute with one or more of our users. If you are a California resident, you hereby waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Endangered Animals.

Buying and selling endangered animals is strictly regulated in both the U.S and abroad. Creatures and Critters, Corp (A.K.A. Creatures and Critters.com) discourages the trade of endangered animals other than as legally allowed between recognized, licensed and/or permitted organizations. Before buying, selling or entering into an agreement to buy or sell an endangered animal become knowledgeable in all applicable laws and regulations governing the trade of endangered animals. A good place to start is at The U.S. Fish and Wildlife Services’ website, www.fws.gov. Here you may find pertinent information on the Convention on International Trade in Endangered Species or CITES.

Fees and Memberships.

Exploring, surfing and buying from sellers and partners on this Site is and always will be free. You may become a registered member of this site for free at any time by completing a simple registration form and agreeing to the Site’s terms and conditions. As a registered member of Creatures and Critters.com, you may elect to receive our free newsletter offering lots of useful information on animals and animal care including special offers from our partners. As a registered member, you can inexpensively advertise in any of the categories available on this Site. By agreeing to these terms and conditions you agree to pay any fees incurred by advertising on this Site as stated on our Advertising Rates page. You can cancel your free membership or opt-out of receiving our free newsletter at any time.

For advertising rates and information click here.

To become a member for free click here.

To cancel your membership, email us at support@creaturesandcritters.com.

To opt-in or out of any of our services and promotions click here.

Site Up-time and Reliability.

Our hosting provider uses servers that are connected to the internet backbone through multiple OC12 connections from different backbone providers. These servers offer excellent reliability and up-time. These servers are managed to ensure optimum reliability and security. A spare server of each type is also maintained in the unlikely event of a hardware failure to allow for a quick and smooth transition. Despite the technology we employ we can not guarantee continuous, uninterrupted or secure access to our Site. The Site’s operation may be compromised by a number of factors beyond our control. At times we may need to take the Site offline for routine maintenance. All maintenance will be performed as quickly as possible and every effort will be made to schedule maintenance during off-peak hours whenever possible. You hereby agree to hold harmless our officers, directors, agents, employees and affiliates for any consequences or damages resulting from site downtime, hacking and any other circumstances both in and out of our control.

Revisions and Amendments.

From time to time we may find it necessary to revise or amend these terms and conditions. All revisions and amendments will be posted on the Site in the "Terms and Conditions" section and will take effect 30 days from the posting date. It is each user’s responsibility to periodically review the Site’s terms and conditions.

Violation of Terms and Conditions.

Any violation of the terms and conditions contained herein will be cause for immediate suspension of member privileges and in removal of any of the member’s listings. Except in blatant violations, we will consider all factors before making such determinations.

Release.

By accepting these terms and conditions, you hereby release Creatures and Critters, Corp. (A.K.A. Creatures and Critters.com) and our officers, directors, agents, employees and affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or in any way connected with a dispute with one or more of our users. If you are a California resident, you hereby waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

You hereby also accept any risks of doing business with people or parties acting under false pretense.

No Warranties Made.

WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES PROVIDE THIS SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. In some states, the foregoing disclaimer may not apply to you. You may have legal rights that vary from state to state.

Limit of Liability.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR OUR AFFILIATES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.

OUR LIABILITY AND THAT OF OUR OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY AND (B) $100.00. In some states, the foregoing disclaimer may not apply to you. You may have legal rights that vary from state to state.

Indemnity.

You agree to indemnify and hold harmless our parent, subsidiaries, officers, directors, agents, employees and affiliates harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of these terms and conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Responsibility.

You shall comply with all domestic and international laws, ordinances, statutes and regulations regarding the sale and/or taxation of animals, services or products.

Relationship.

You agree that you are in no way affiliated with Creatures and Critters, Corp. (A.K.A. Creatures and Critters.com) other than where both you and Creatures and Critters, Corp. are independent contractors and neither is an employee or employer, franchiser or franchisee nor in a partnership, joint venture or agency with the other party. You agree that you will not make any representations to the contrary.

Registered Agent

All notices shall be sent via postal mail service to Creatures and Critters, Corp.; Attention: Legal Department; 17921 S.W. 35 Street; Miramar, FL 33029 (in the case of Creatures and Critters, Corp.) or to the email address you provide to Creatures and Critters, Corp. during the registration process (in your case). Unless we are notified that your email address is invalid within, we will deem notices as given 24 hours after the email is sent.

Disputes and Claims.

We will make every effort to resolve all disputes in a neutral, expeditious and cost-effective manner. As such, you agree to aid us in resolving any issue or dispute in accordance with these terms and conditions. Before either party resorts to legal action, they will make every effort to contact the opposing party directly to seek a resolution. Both parties will allow at least 30 days for the dispute, request or resolution to be considered before seeking litigation.

Governance.

This agreement shall be governed in all respects by the laws of the State

of Florida.

Enforcement.

If any provision of these terms and conditions is deemed invalid or unenforceable by a court of law, the remaining provisions shall remain in effect and enforceable.