Terms and Conditions
Welcome to Reptile Maniac and thank you for visiting our website.
When you use our website, you’re agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions before using our website.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS WEBSITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED — USE OF THIS WEBSITE OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
These Terms and Conditions of Service and Use of our (the “Terms and Conditions“) are hereby made effective, and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of this website and Reptile Maniac (reffered herein as “Company” or “Website”), hereby amend and restate any such prior terms and conditions.
SECTION 1- ACCEPTANCE
By clicking “I AGREE” and/or simply by using or accessing our services and this website, you hereby agree:
- that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof;
- to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Reptile Maniac, as each may be amended or supplemented from time to time in our sole discretion without notice;
- that your use of our services and our websites shall comply with all applicable national and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the sites. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.
SECTION 2- GRANT OF — USE
We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website, including all content available therein (the “Content”) on your computer or mobile device consistent with these Terms.
You may access and view the content on your computer or other internet compatible device for your personal, non-commercial use only. We grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such services. Such license will terminate when you no longer use our services.
This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) restrict your access, (ii) block your email and/or IP addresses or otherwise terminate your use of and ability to use the website, and/or (iii) remove and/or delete any of your User Submissions. You agree not to use or attempt to use the website after said termination. Upon termination, the grant of your right to use the website shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
SECTION 3- PROPRIETARY RIGHTS
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the site, and all materials and content related to our programs even if the materials or content are not accessed through the site. Your use of the site does not grant to you ownership of any content, software, code, data or materials you may access on the site.
SECTION 4- ASSUMPTION OF RISK
As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of our websites that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through our websites are to be taken at your own risk, with no liability on our part, recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all risks.
SECTION 5- PERSONAL RESPONSIBILITY
You aim to accurately represent the information provided to us on or through our website. You acknowledge that you are participating voluntarily in using our website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from our website to your life, pet, family or business.
SECTION 6- PROHIBITED — USE
You agree that You will not use, and will not permit any end user to use, the services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the services; (ii) knowingly or negligently use the services in a way that abuses, interferes with, or disrupts Reptile Maniac’s networks or the services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive service, or copy any features, functions or graphics of the services; or (vi) use the services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Reptile Maniac or other users of services; (viii) engage in any activity or use the services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the services, or any servers or networks connected to the services or Reptile Maniac’s security systems. (ix) use the services in violation of any Reptile Maniac policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
SECTION 7- NOT PROFESSIONAL ADVICE
The information contained on this website and the resources available for download through our website is not intended as, and shall not be understood or construed as, professional advice. While the employees and/or owners of the company are professionals and the information provided on our website relates to issues within the company’s area of professionalism, the information contained on our website are not substitutes for advice from a professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on our website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through our website should be understood as a recommendation that you should not consult with a professional to address your particular information. The company expressly recommends that you seek advice from a professional.
Neither the company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on our website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
SECTION 8- NO GUARANTEES
You agree that the Reptile Maniac has not made any guarantees about the results of taking any action, whether recommended on this website or not. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether users of the website or otherwise – applying the principles set out in this website are no guarantee that you or any other person or entity will be able to obtain similar results.
SECTION 9- THIRD-PARTY LINKS
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone ‘bad’.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.
The site may contain (or you may be sent through the site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SECTION 10- DISCLAIMER OF WARRANTIES
(a) THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR — USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIR– USES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR — USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR — USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE OR ANY SERVICES OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY STAFF OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.
SECTION 11- LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE — USE OF, OR THE INABILITY TO — USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN — USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
SECTION 12- INDEMNIFICATION
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
SECTION 13- TERMINATION
We may terminate, change, suspend or discontinue any aspect of the website or the website’s services at any time. We may restrict, suspend or terminate your access to the website and/or its services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
SECTION 14- WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
SECTION 15- FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
SECTION 16- GOVERNING LAW AND JURISDICTION
SECTION 17- COPYRIGHT
All rights reserved. All materials presented on this website are copyrighted and owned by us, or other third party individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
SECTION 18- DMCA TAKEDOWN PROCEDURE
Reptile Maniac will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Reptile Maniac may disable and/or terminate the accounts of any user who 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 electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
SECTION 19- MISCELLANEOUS
- No waiver by us of any breach of any provision of this Agreement (including our failure to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
- Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not a party to this Agreement other than with respect to us.
- Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and us.
- This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
SECTION 20- MODIFICATIONS
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the website and/or services offered on or through the website after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
SECTION 21- ACCEPTING THIS TERMS OF — USE
You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this agreement. You further agree that the terms and conditions set out under this agreement are fair, reasonable and just given the matters set out under this agreement and you waive any and all rights to have any claims against us on grounds set out above.