TERMS OF SERVICE
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY PROTECTION ACT (COPPA) OF 1998.
Visitors, viewers, users, subscribers, members, affiliates, customers, whether male, female or of any another gender definition, are collectively referred to herein as “Visitors,” and are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The online store technology of this website is hosted on Shopify Inc. Shopify provides this website with the online e-commerce platform that allows the owner of this website to sell the products and services to visitors, members and customers.
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website. It is unlawful to use the domain name associated with this website as “invisible” or visible keywords on your website without the express permission of the domain name owner. By viewing and then unlawfully using a name, product, brand, whether or not copyrighted or trademarked, whether visible or invisible to the casual visitor, you agree to pay damages of no less than USD$100,000.00 plus all court costs and attorney fees if you are found to have violated this provision.
The Website may provide Visitors with access to third-party tools over which the Website neither monitor nor have any control nor input.
Visitor acknowledges and agrees that the Website provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. This Website shall have no liability whatsoever arising from or relating to Visitor‘s use of optional third-party tools.
Any use by the Visitor of optional tools offered through the site is entirely at Visitor‘s own risk and discretion and the Visitor should ensure that he or she is familiar with and approves of the terms on which tools are provided by the relevant third-party provider(s).
The Website may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via the Service offered on this website may include materials from third-parties.
Third-party links on this site may direct the Visitor to third-party websites that are not affiliated with this Website. The Website is not responsible for examining or evaluating the content or accuracy and the Website does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
This Website is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The Visitor must review carefully the third-party's policies and practices and make sure he or she understands them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at the request of this Website, a Visitor sends certain specific submissions (for example contest entries) or without a request from the Website a Visitor sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), the Visitor agrees that the Website and its owners, managers and/or employees may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the Visitor forward to the Website. The Website is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
The Website may, but shall have no obligation to, monitor, edit or remove content that the Website determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Visitor agrees that his or her comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The Visitor further agrees that his or her comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website and its services. Visitor may not use a false e-mail address, pretend to be someone other than himself or herself, or otherwise mislead the Website or third-parties as to the origin of any comments. Visitor is solely responsible for any comments he or she makes and their accuracy. The Website takes no responsibility and assume no liability for any comments posted by you or any third-party.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE WHETHER BY VISIBLE LINKING OR INVISIBLE KEYWORD PLACEMENT ON YOUR SITE IS PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. This prohibition shall cover use of identify marks, brands, domain names belonging to this site in an invisible manner such as embedded keywords and meta tags. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. By viewing this site and then unlawfully using a name, product, brand, whether or not copyrighted or trademarked, whether visible or invisible to the casual visitor, you agree to pay monetary damages (liquidated damages) of no less than USD$100,000.00 plus all court costs and attorney fees if you are found to have violated this provision. As a general rule, this website is pleased when another site chooses to acknowledge it or reference it and this provision is not meant to cover “friendly” reference instances. However, sites and the persons behind those sites that attempt to demean this site or profit from it without compensation are liable for damages and this prohibition clause will be strictly enforced. If you have doubts, request express permission before using this site’s name or referencing it. Further, any attempt to use the site’s name or the contents thereon that could cause financial or reputational damage to the site is strictly prohibited, whether the use is obvious or invisible using various coding embedding techniques.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all the risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY – INCLUDING “APPS” OR APPLICATIONS DOWNLOADED VIA THIS WEBSITE OR A RELATED SITE VIA THE INTERNET OR ANY OTHER DOWNLOAD METHOD.
By viewing, using, or interacting in any manner with this site, including banners, advertising, pop-ups, or downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be in Reykjavik, Iceland, and the Seller can be reached at the owner and operator of the DaFauna brand which is TopFauna LLC, PO Box 1960 #21420 Wilmington, DE 19899, U.S.A. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address, which is the District Court of Reykjavik, Domhusid, Laekjartorg Square, 101 Reykjavik, Iceland.
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the country of the Seller, Iceland.
doing business under the brand name DaFauna
PO Box 1960 #21420 Wilmington, DE 19899, U.S.A.
COPYRIGHT AND LICENSE