Updated July 1, 2018
By using the Petsifieds.com web site (the "Website") or establishing an account with Petsifieds and using the Petsifieds service (the "Service"), you agree to the following terms and conditions (the "Petsifieds User Agreement").
Importantly, although Petsifieds is commonly referred to as an online marketplace, it is not a traditional "retailer." Instead, Petsifieds acts as a venue to match buyers and sellers. Petsifieds is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the sellers to buyers. As a result, Petsifieds has no control over the items advertised, or the ability of sellers to sell items or the ability of buyers to pay for items.
"Your Information" is defined as any information you provide to Petsifieds or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any e-mail feature. You are solely responsible for Your Information, and Petsifieds acts as a passive conduit for your online distribution and publication of Your Information.
"Your Activities" include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), and e-mail.
Petsifieds's goal is to all our end users content. In the event a dispute arises between you and Petsifieds, please e-mail Petsifieds at support@Petsifieds.com and we will work towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
General Overview: Terms
- You acknowledge that you must be 18 years or older to use this website or establish an account.
- You acknowledge that you bear sole responsibility for keeping your password secure.
- You agree not to use Petsifieds for any illegal or unauthorized purpose.
- You agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.
- You agree not to modify, adapt or hack Petsifieds.com or modify another website so as to falsely imply that it is associated with Petsifieds
- You agree not to solicit, harass or impersonate Petsifieds members.
- You agree not to transmit any worms or viruses or any code of a destructive nature.
- Furthermore, while Petsifieds discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.
General Overview: Conditions
- Petsifieds reserves the right to modify or terminate any service for any reason at any time, with or without notice.
- Petsifieds reserves the right to refuse service to anyone for any reason at any time.
- The Service makes it possible to post images hosted on Petsifieds to outside websites. This use is accepted. However, pages on other websites which display images hosted on Petsifieds must provide a link back to Petsifieds from each photo to its photo page on PetsifiedsPetsifieds will terminate your account without notice if your account is used for hosting graphic elements of web page designs, icons, smiley faces, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
- You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Petsifieds, you agree to allow other Petsifieds users to view them and you agree to allow Petsifieds to display the images and content on Petsifieds, or in emails from Petsifieds, and store the images, item description, profile and other content.
- All Petsifieds graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. Petsifieds's trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
2. Membership Eligibility
Petsifieds's services are free, but available only to individuals who can form legally binding contracts under applicable law. Petsifieds's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Petsifieds members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Petsifieds. Further, you also agree not to transfer or sell your account (including feedback) or User ID.
3. Purchasing/Buyer Obligations and Guidelines
A buyer is obligated to complete the transaction of a purchase of a pet or service on Petsifieds in any shop within three (3) days. A buyer is obligated to immediately pay in full if using PayPal or Stripe by clicking the payment button during checkout.
A seller must abide by all of Petsifieds's policies and the seller's own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues.
Buyers remorse is not a valid reason for requesting a refund from a seller. Prior to making a purchase, buyers should review all sellers policies regarding refunds, returns, and seller policies.
4. Listing/Seller Obligations and Guidelines
Petsifieds's Fees and Credit Policy
Changes to the Fees and Credits Policy and the fees for our services are effective after Petsifieds provides you with at least fourteen (14) days' notice of the changes by posting the changes on Petsifieds. However, Petsifieds may choose to temporarily change Petsifieds's Fees and Credits Policy and the fees for Petsifieds's services for promotional events (for example, free listing days) and such changes are effective when Petsifieds posts the temporary promotional event on Petsifieds. Petsifieds may, at Petsifieds's sole discretion, change some or all of Petsifieds's services at any time. In the event Petsifieds introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD).
You are responsible for paying all fees associated with using Petsifieds's service and Petsifieds and all applicable taxes.
Fees for our services will be described once they are determined.
Listing Description: You must be legally able to sell the pets you list for sale on the Site. You must describe your pet and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that pet. All listed pets must be listed in an appropriate category. Each listing must accurately and completely describe the pet for sale in that listing.
Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Manipulation: The price stated in each Petsifieds Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding Petsifieds transaction fees, and hacking into another's account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason.
Sellers have up to 90 days from the date of the transaction to request refunds on the final value fees. Final value fee refund requests on transactions outside of 90 days will not be honored.
5. Usage Guidelines
Third Party Content; Identity Verification: You understand that the Petsifieds acts only as a marketing platform and technical interface between users and that Petsifieds does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Petsifieds. Petsifieds cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.
You understand that you may be exposed to content that you find offensive to you, and that you use the Petsifieds at your own risk.
Please use caution, common sense, and practice safe trading when using Petsifieds. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Petsifieds, you agree to accept such risks and that Bids.
Petsifieds (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Petsifieds.
Petsifieds uses many techniques to verify the accuracy of the information Petsifieds users provide to Petsifieds when they register on Petsifieds However, because user verification on the Internet is difficult, Petsifieds cannot and does not confirm each user's purported identity. Thus, Petsifieds has established a user-initiated feedback system to help you evaluate with whom you are dealing. Petsifieds also encourages you to communicate directly with potential transaction partners through the tools available on Petsifieds.
Prohibited, Questionable and Infringing Usage; Restricted Activities: Your Activities which results in Your Information (or any items listed) on Petsifieds shall not:
(a) be false, inaccurate or misleading;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Petsifieds also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
(bb) are identical to other items you have for sale but are priced lower;
(cc) are concurrently listed for sale on a web site other than Petsifieds's (this does not prevent linking to or advertising an Petsifieds item from another web site); or
(dd) you do not have a right to link to or include.
Access and Interference: Petsifieds may contain robot exclusion headers. Much of the information on Petsifieds is updated on a real time basis and is proprietary or is licensed to Petsifieds by Petsifieds's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Petsifieds for any purpose without our prior express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of Petsifieds and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Petsifieds
Feedback Integrity; Feedback Export: You may not take any actions that may undermine the integrity of the feedback system. Petsifieds may, without prior notice, limit the number of purchases and listings, which you may place on Petsifieds based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Petsifieds. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Petsifieds users, you agree that you shall not market or export your Petsifieds feedback rating in any venue other than a Petsifieds operated website.
6. Miscellaneous Terms and Conditions
Breach: Without limiting other remedies available, Petsifieds may, without prior notice, limit your activity, immediately remove your item listings, warn Petsifieds's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(b) Petsifieds is unable to verify or authenticate any of Your Information; or
(c) Petsifieds believes that your actions may cause financial loss or legal liability for you, Petsifieds's users or Petsifieds
No Warranty: Petsifieds SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Petsifieds SUPPLIERS PROVIDE Petsifieds WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Petsifieds, Petsifieds SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Petsifieds SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation On Liability: IN NO EVENT SHALL Petsifieds, AND (AS APPLICABLE) Petsifieds SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Petsifieds SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Petsifieds LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Petsifieds SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Petsifieds IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification: YOU AGREE TO INDEMNIFY AND HOLD Petsifieds AND (AS APPLICABLE) Petsifieds PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
7. Copyright and Intellectual Property Policy
Petsifieds.com ("Petsifieds") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Petsifieds will respond to notices of this form from jurisdictions other than the U.S. as well. The address of Petsifieds Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
Petsifieds may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Petsifieds removes or disables access in response to such a notice, Petsifieds will make a good-faith attempt to contact the allegedly infringing party ("Member") so that they may make a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Petsifieds
If you believe that material residing on or accessible through the Petsifieds web site or service infringes a copyright or other intellectual property right, to provide Petsifieds of notice of such infringement, you may send a notice of infringement to the Designated Agent at support@Petsifieds.com.
Please specify the type of infringement at issue and the notice must include the following information:
- A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (signatures may be provided electronically by typing your name);
- Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
- Identification of the material on Petsifieds that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Petsifieds is capable of finding and verifying its existence (for listings, please provide the link or URL to each listing you allege is infringing);
- Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Petsifieds on the owner's behalf, the address, telephone number and e-mail address;
- A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing material from the site, Petsifieds will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.
B. Removal of Allegedly Infringing Material:
Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, Petsifieds may remove or disable access to the material infringing upon the intellectual property. If Petsifieds removes or disables access to content in response to an infringement notice, Petsifieds will make reasonable attempts to notify the Member that Petsifieds has removed or disabled access to the material. Repeat offenders will have all material removed from the Petsifieds site, and Petsifieds will permanently suspend the offender from our site.
C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Petsifieds
If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, please do not re-list or reactivate the material yourself. You have two courses of action. You may contact the Brand Protection Agent to request permission to sell your item or you may send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act to the Brand Agent. The counter-notice must contain the following information to the Brand Protection Agent.
- Your signature (signatures may be provided electronically by typing your name);
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material;
- Your name, address, telephone number, and e-mail address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Member’s address is located, or if your address is located outside the United States, for any judicial district in which Petsifieds is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If a request or counter-notice from the Member is received by the Brand Protection Agent, and an agreement is reached, the Brand Protection Agent may then contact Petsifieds to state the specifics of the agreement and provide permission for the item to be relisted by the Member.
8. Cookies and Tracking
We use a variety of technologies to help us better understand how you use Petsifieds.com (referred to as the "Site"), Petsifieds mobile applications (the "Apps") and memberships, Webstores, and our other services (we'll refer to our other services collectively as the "Services"). We'll refer to the Site, the Apps, and the Services collectively as "Petsifieds" throughout this policy.
By using Petsifieds, you consent to us using cookies and similar tracking technologies in the ways described on this page.
Types of tracking technologies:
There are a few common types of tracking technologies used on Petsifieds:
- Cookies: This is a small data file sent from a server to your web browser or mobile device that is stored in your browser cache or mobile device. Advertising which corresponds better to the interests indicated by the information stored by that cookie can then be displayed to. You can configure your browser's settings to reflect your preference to accept or reject cookies (see Managing Cookies below).
- Clear gifs, web beacons, web bugs: These are tiny graphics with a unique identifier similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to your personally identifiable information.
While Petsifieds does not currently employ Flash cookies, also known as local shared objects (LSOs), some third parties you interact with when using the Services may use these cookies, which are used to collect and store information, but differ from browser cookies in the amount, type, and manner in which data is stored. To learn how to manage privacy and storage settings for Flash cookies, click here.
Tracking technologies have two different lifespans:
- Persistent means it remembers certain information about your preferences for viewing the site, and allows Petsifieds to recognize you each time you return. Persistent cookies are stored on your browser cache or mobile device until you choose to delete them.
- Session, on the other hand, is specific to a particular visit to the site, to carry information as you view different pages on Petsifieds so you don’t have to re-enter information. Session cookies expire and delete themselves automatically when you leave the Site or close your web browser.
Petsifieds uses tracking technologies for a few general purposes:
- Strictly necessary : Vital to ensuring that Petsifieds works properly for visitors and members (such as maintaining the security and integrity of the Site).
- Performance : Help us understand how the Site or the Apps are functioning so that we can improve our services.
- Functionality : Retain your personal preferences as you use the Site or the Apps to enhance your experience.
- Marketing and Advertising : Gather data to help deliver advertising content relevant to your interests.
- the referral search term, or, the term that you entered into a search engine which then displayed our site as a search result.
- the onsite search term, or, a term you entered in the search box on our site
- the type of internet browser you are using
- the operating system of your PC or device
- the time and date you landed on or searched our site
- time spent on our webpage
- the address of the site which referred you to our site (e.g., google.com)
Petsifieds sometimes partners with third-party services who may use various tracking technologies to provide certain services or features, including targeted online marketing techniques such as attribution tracking, remarketing, and cross-device tracking.
- Attribution tracking means estimating what advertising or marketing source a user followed to come to Petsifieds, or to determine what marketing source should get credit for actions like a visit or a purchase.
- Remarketing means showing relevant ads to an audience based on prior shopping patterns on Petsifieds, whether or not the audience made a purchase.
- Cross-device tracking means recognizing an audience across multiple devices or browsers.
Some of these third-party services may provide us with information about you (such as demographic information, cross-device information, or interest categories) from a combination of sources that permit us to provide you with more relevant and useful advertising. The Apps may include third party mobile analytics software and APIs that may be used to enhance our data, to improve the Services, or for marketing purposes.
Opting-Out and Managing Cookies:
When you use Petsifieds via a browser, you can change your web browser's settings to reflect your cookie preferences. Each browser is a little different, but usually these settings are under the "options" or "preferences" menu. The links below provide information about cookie settings for the browsers supported by Petsifieds:
- Internet Explorer
- Microsoft Edge
You can learn more about managing your preferences for ads online, particularly for many third-party advertising networks, through resources made available by the Digital Advertising Alliance at https://www.aboutads.info/ or via the Network Advertising Initiative at http://optout.networkadvertising.org/.
If you access Petsifieds through the Apps, you may also opt out of interest-based advertising on an iOS or Android device by selecting the “Limit Ad Tracking” option in the settings of iOS or Android-based devices. Note that opting out of this form of advertising will not prevent you from seeing advertisements, but will limit the use of device advertising identifiers to personalize ads based on your interests.
If you have questions or concerns, please contact us at support@Petsifieds.com.