Terms and Conditions of Use
Use of this Internet web site (or any co-branded versions of this
site) requires that you/your company agree to the following terms and
conditions (the "User Agreement"). BY CONTINUING TO USE THE
CATSNIP SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS
USE AGREEMENT AND ALL REVISIONS THEREOF.
CatSnip, Inc. (heretofore may be referred to as "us" "CatSnip"
We" "we" "the Site" or "the site")
may revise these terms from time to time, at its sole discretion, by
updating this posting. Unless otherwise provided below, the revised
terms will take effect when they are posted.
CatSnip, Inc. provides this site and its services ONLY for use by businesses
and individual reviewers OVER THE AGE OF 18, as our services are available
only to individuals who can form legally binding contracts under applicable
law. Users (heretofore may be referred to as "You" "users"
"User" or "you") may use this site and its available
services only during the time they are registered users of Catsnip.
This Site is Evolving
Catsnip, Inc. retains the right to modify or discontinue this site
and the services available through it without notice or liability to
you.
CatSnip is a Venue and a Finder
The Catsnip site functions as a venue to connect buyers and service
providers in a virtual marketplace. As a neutral facilitator, CatSnip
is not directly involved in the actual transactions between users of
the Site. As a result, CatSnip has no control over the legitimacy, accuracy,
quality, legality, or safety of postings made by users.
Because verifying the identity of a user on the Internet is difficult,
CatSnip cannot and does not confirm the identity of users. CatSnip also
does not confirm nor verify the qualifications, background, or abilities
of users. It is the entire responsibility of site users to investigate
the identity of anyone with whom they do business, to utilize proper
care and exercise common sense and good judgment when dealing with any
user on the Site.
Because CatSnip assists service providers in finding buyers in need
of services, CatSnip is considered the official finder for each project
accepted through the site and its associated buyer; and as such, charges
a transaction fee.
Businesses and Reviewers
The CatSnip, Inc. site has two components:
- The Business Marketplace, and
- The Reviewer Marketplace.
This Use Agreement applies equally to each component, unless clearly
designated. The Business Marketplace contains Business Projects and
Business Service Providers, all of which are denoted by the "Business"
icon and other identifying characteristics.
Only Business Service Providers are allowed to bid on projects posted
in the Business Marketplace and post comments to the public message
boards in the Business Marketplace. See the section entitled "Business
Service Provider Requirements" for the requirements to become a
Business Service Provider.
Your Relationship with Merchants, Advertisers, and Users
Your correspondence with merchants, advertisers, or users on the site,
including the development and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such merchant, advertiser,
or user. You agree not to hold CatSnip liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result
of the presence of such merchants, advertisers, or users on the Site.
Third Party Content, Verification and Monitoring
CatSnip may make available to users on the Site various services provided
by third parties ("Verification
Service Providers") which verify a User's identity or credentials.
Use of the services provided by Verification Service Providers in the
Basic Marketplace is voluntary. Business Service Provider MUST be authenticated
by the applicable Verification Service Provider in order to utilize
CatSnips services. See the section entitled "Business Service
Provider Requirements" for details.
CatSnip is a distributor (and not a publisher) of content supplied
by any third parties (including but not limited to Verification Service
Providers) and users of this Site. CatSnip has no editorial control
over such content. Any opinions, advice, statements, services, offers,
or other information or content expressed or made available by third
parties, including information providers, users and Verification Service
Providers, are those of the respective author(s) or distributor(s) and
not of CatSnip. CatSnip neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice, information or statement
made on this site by anyone other than authorized CatSnip employees
acting in their official capacities. By use of this site, you understand
and acknowledge that CatSnip is not responsible for and does not monitor
content for accuracy or reliability.
Posting of Information on the Site As a User
You will be allowed to post information, data and text to publicly
accessible and limited-access areas (including but not limited to the
private "Workspace" areas and the Business Marketplace) of
the Catsnip site. You are not allowed to post logos, seals or slogans
from third parties on any part of the site unless they are provided
by CatSnip or a CatSnip partner, such as a Verification Service Provider;
or you have sought and received express permission from CatSnip to display
such logo, seal or slogan.
In order to operate the Site, CatSnip must have certain rights. Consequently,
when you post information, text, files, links, attachments, software
or other materials ("Content") to publicly visible areas of
the Site, including the Business Marketplace, you are granting, or warranting
that the owner of such content has expressly granted a worldwide, royalty-free,
perpetual, irrevocable, fully sub-licensable, non-exclusive right to
use, reproduce, modify, transmit, distribute, perform, display and delete
such content (in whole or in part) and/or to incorporate such content
in other works in any form, media or technology now known or later developed.
Users should use good judgment when posting information, remarks or
other content regarding other users, service providers or any other
third party. You may be held legally responsible for damages suffered
by other users or third parties as a result of legally actionable or
defamatory comments, remarks or other information or content that you
post to the CatSnip site. Under federal law (specifically, the Communications
Decency Act of 1996), CatSnip is not legally responsible for any remarks,
information or other content posted or made available on its site by
any user or third party, even if such information or content is defamatory
or otherwise legally actionable. CatSnip is not responsible for and
does not monitor or censor content for accuracy or reliability. However,
CatSnip reserves the right to remove or restrict access to any information
or content posted or made available on its site by its users or any
third party, if ordered to do so by a court; or if CatSnip considers
such information or content to be obscene, lewd, lascivious, filthy,
excessively violent, harassing, illegal, overly disparaging or deprecating
of CatSnip or other users, or otherwise objectionable. You also agree
to all CatSnip policies on the release of contact information between
users, as described herein and elsewhere on the site. You are restricted
from releasing your telephone number, email address and other such contact
information to other users of the CatSnip site until such time as you
agree to make a transaction with another user. At that time, you may
release your contact information to that user only.
Provide Accurate Information
You agree to provide true, accurate and complete information as prompted
by the registration form, and maintain and update such information to
maintain its truth, accuracy and completeness. Whenever you post any
information on or to the Site (including but not limited to posting
a request for services, bidding on a posted project, and/or posting
your profile), You agree to provide true, accurate and complete information.
CatSnip reserves the right to terminate your account upon the discovery
that the information you provided or posted is not complete or accurate.
Guard Your Password
You must safeguard the User ID and password you use to access this
Site. You authorize us to assume that any person using the Site with
your User ID and password either IS you or is authorized to act on your
behalf.
Payment Option
CatSnip enables buyers to transmit payment electronically for services
to the applicable service provider and sellers to pay their transaction
and membership fees through their CatSnip Account. Please review our
Payment and Billing Service Terms, which are incorporated into this
User Agreement, and are part of the User Agreement.
Privacy Please
See our Privacy Agreement, which is incorporated
herein by reference.
User Obligations
You agree NOT to do any of the following while using the site:
- Violate any applicable law or regulation
- Post or transmit any content that you do not have the right to post
or transmit under any law, contractual duty or fiduciary relationship
- Post or transmit any content that infringes a third party's intellectual
property rights or rights of publicity or privacy
- Post or transmit any content that is unlawful, untrue, fraudulent,
harassing, libelous, defamatory, abusive, tortious, threatening, pornographic,
harmful (including but not limited to viruses, corrupted files, or
any other similar software or programs), overly disparaging or deprecating
of CatSnip or other users or otherwise objectionable
- Access, tamper with or use non-public or non-authorized areas of
the Site. Unauthorized individuals attempting to access these areas
of the site may be subject to prosecution
- Tamper with postings of other users
- Post logos, seals or slogans from third parties on any part of the
site unless they are provided by CatSnip or a CatSnip partner
- Gather and use information available from the site, such as other
users' names and email addresses, to transmit any unsolicited advertising,
"junk mail", "spam", or "chain letters"
- Do anything which would create or impose an unreasonable or disproportionately
large burden or load on the site
- Post false or misleading information about a product, service or
service request
- Frame or link to the Site except as permitted in writing by CatSnip
- Impersonate or misrepresent your affiliation with any person or
entity.
Buying and Selling Services on CatSnip
You agree to:
a. be financially responsible for your use of CatSnip and purchase
of services;
b. abide by CatSnip's guidelines on posting projects and bidding on
projects, which may be updated from time to time; and
c. perform your obligations and complete the transaction as specified
by the terms of your posted project or your bid once you have agreed
to do business with a service provider or accepted a project, respectively,
unless such transaction is prohibited by law or by this Agreement.
Specifically, upon acceptance of a bid, the buyer agrees to purchase
the services and the seller agrees to provide the services according
to the terms of the final bid agreed to by the parties, subject to any
further increase or decrease in project scope.
Circumvention of CatSnip's Fee Structure
You agree not to engage in any action or activities meant to circumvent
the CatSnip site or its stated fees. Prohibited systems or techniques
include (but are not limited to) the following:
- Services offered directly to the buyer and not through CatSnip
- Any agreement between buyer and seller to mislead or defraud CatSnip
by conducting a transaction at substantially different cost than the
price agreed upon through CatSnip
- Placing low value bids, with unreasonably high final project charges
- Profiles, bids or attachments with contact information, such as
email addresses, phone numbers or links directly to pages that contain
contact information
- Any agreement (whether stated or implied) between buyer and seller
to conduct future transactions outside of CatSnip.
Buyers and service providers who make initial contact through CatSnip
are required to conduct any resulting, follow-up or new transactions
through CatSnip for at least twelve (12) months from the date that the
first project is awarded by the buyer to the service provider. These
types of actions are specifically not permitted and may result in immediate
punishment by CatSnip, including but not limited to:
- account suspension or termination of the service provider and/or
buyer involved,
- hiding of the infractors profile or suspending the infractor's
ability to bid or to accept projects for previously placed bids, in
addition to the penalties outlined below.
Penalties
Without limiting CatSnip's other remedies, we may issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership
and refuse to provide any services to you
a. if you breach any terms and conditions of this User Agreement or
the agreements incorporated herein by reference, including our written
policies and procedures posted on the Site;
b. if we are unable to verify or authenticate any information you provide
to us; or
c. if we believe that your actions may cause legal liability for you,
our users or for CatSnip. Violations of this User Agreement will be
prosecuted to the fullest extent of the law and may result in additional
penalties and sanctions, as defined below.
To the extent any user engages in actions or activities which circumvent
the CatSnip site or otherwise reduce transaction fees owed CatSnip under
this User Agreement, that user shall be liable to Catsnip for our full
fees due for the project and any follow-up or additional work, as described
under "Fees charged by CatSnip," below. Additionally, users
who circumvent the CatSnip system may be subject to additional sanctions,
including immediate suspension or termination of CatSnip membership,
and penalties of up to twenty percent (20%) of the total value of all
projects circumvented, at CatSnip's sole discretion. We reserve the
right to institute additional penalties and fees for repeated violations
of the User Agreement and/or our written policies and procedures posted
on the site.
Business Service Provider Requirements
(These criteria are subject to change. If additional requirements are
added, registered Business Providers must meet them in order to retain
Business Provider status.)
- All service providers must be authenticated by the applicable Verification
Service Provider and pay the mandated subscription fee per category
in order to become a Business Service Provider.
- Service providers located in the US, UK, Ireland, Australia, New
Zealand and English-speaking areas of Canada will have their identity
authenticated and one credential verified by US Search. (CatSnip will
provide this verification free of charge.) Service providers in all
other countries will join the SquareTrade Seal program, which also
includes identity authentication. (CatSnip will provide membership
in SquareTrade free of charge.) If you are unable to join SquareTrade
due to geographical or professional reasons, please contact Business@CatSnip.com
to have your case reviewed and CatSnip will attempt to authenticate
you. You may be required to provide an alternate means of dispute
resolution and authentication.
After payment of the Business Provider membership fee and before and
pending approval from the Verification Service Provider, applicants
will be on a grace period as a Business Provider. If the applicant fails
authentication by the Verification Service Provider required by the
program, the applicant will lose his or her temporary "Business"
status and become a Basic provider (a provider in the Basic Marketplace).
If the failure is due to the applicant's errors or omissions, then CatSnip
will not refund the Business Provider membership fee already paid. If
the failure is due to an error or issues on the part of the Verification
Service Provider or is otherwise not the fault of the applicant, then
CatSnip will refund the applicant's Business membership fees on a pro-rata
basis, from the date of removing the Business Provider icon. The decision
to provide refunds resulting from verification failure will be determined
on a case-by-case basis by CatSnip at its sole discretion.
Notices
CatSnip will provide notices by posting them on the site and you agree
to check the site for notices. You also authorize CatSnip to send notices
to you, at CatSnip's discretion, via electronic mail unless you otherwise
indicate in writing to service@CatSnip.com. Regardless of whether CatSnip
sends an email notification, you will be considered to have received
a notice when it is made available to you by posting on the site.
Cancellation
You may cancel Your Basic Provider status or buyer registration status
at any time by notifying service@CatSnip.com. In order to cancel a Business
Provider membership, We may cancel your registration if we believe with
good reason, that you have violated or acted inconsistently with the
letter or spirit of this User Agreement, or violated our rights or those
of another party. CatSnip reserves the right to terminate any user from
being a Business Service Provider for any reason, at its sole discretion.
We will notify you if we cancel your registration, unless in our judgment
giving notice would cause a risk of further violation or damages. However,
we will notify you that your account will be canceled if the law requires
such notification.
When your registration is canceled:
- You may no longer have access to data, messages, files and other
material you keep on the site. The material may be deleted.
- The provisions entitled "Errors and Disclaimer of Warranties,"
"Indemnity," "Limitation of Liability," "Audit
Provisions and Maintaining Records," "Reservation of Rights,"
and "General Provisions" will survive cancellation of your
registration.
If CatSnip terminates this User Agreement based upon your breach of
any portion of the User Agreement, CatSnip reserves the right to refuse
to provide registration and/or membership to you in the future.
Audit Provisions and Maintaining Records
For a period of two (2) years after accepting each project:
- Users will keep and maintain complete and accurate information and
records related to each project and all new or follow-up projects
started for that project's buyer. Records will include the project
description, the bid and payment terms, and information on all new
or follow-up projects performed for that buyer, necessary and sufficient
to calculate the applicable transaction fees due to CatSnip.
- In the event of a dispute regarding the amount of transaction fees
due to CatSnip, including a good-faith belief by CatSnip that the
transaction fees paid have been underreported or are inaccurate, upon
30 days written notice and request, CatSnip shall have the right to
audit your records to determine whether the full transaction fees
due CatSnip have been paid by You.
- You will provide copies of all records or other documentation relevant
to the calculation of such amounts.
- You will promptly pay to CatSnip the amount of underpayment, if
any, disclosed by the audit or otherwise, along with any monthly finance
charges applicable to the amount of the underpayment, calculated at
the rate of one and one-half percent (1.5%) per month (or the highest
rate permitted by law, if less).
- CatSnip will pay all costs of such examination and audit unless
such audit discovers a discrepancy of five percent (5%) or more between
the amount of transaction fees paid to CatSnip for the time period
in question and the amount of transaction fees due to CatSnip by you
during such time period. Should a discrepancy of more than 5% be found
in the audit, you are responsible for paying the reasonable costs
of the audit.
Protection of Copyrights and Trademarks
The CatSnip site contains trademarks and other material furnished by
CatSnip, its licensors, and other users. Any user should assume that
everything visible in publicly viewed areas of the site that was not
furnished or received by the user or his/her company (such as images,
photographs, illustrations, text and other materials) ("Site Content")
is copyrighted unless otherwise noted. You may not sell, reproduce,
distribute, modify, display, publicly perform, prepare derivative works
based on, re-post or otherwise use any of the site content in any way
for any public or commercial purpose without prior written consent of
CatSnip or the rights holder. You may not use the site content on any
other web site or in a networked computer environment for any purpose
except your own personal viewing.
In order to protect CatSnip's and its licensor's trade secrets, you
agree that you will not 'reverse engineer any site content consisting
of downloadable software, unless specifically authorized by the trade
secret owner or otherwise permitted by law. If you violate any of these
terms, your permission to use the site content will automatically terminate;
you must immediately destroy any copies that you have made of the site
content; and we may revoke your authorization to use the site.
Reproduction
Neither this site nor any portion of this site may be reproduced, duplicated,
copied, sold, resold, or otherwise exploited for any commercial purpose
that is not expressly permitted by CatSnip. CatSnip and its affiliates
reserve the right to refuse service, terminate accounts, and/or cancel
service requests or memberships in their discretion without limitation
if CatSnip believes that a user's conduct violates applicable law or
is harmful to the interests of CatSnip and its affiliates.
Intellectual Property Policy
CatSnip respects the intellectual property of others and requires our
account holders to do the same. At our discretion and in circumstances
which we deem appropriate, CatSnip may terminate the accounts of users
who infringe upon the intellectual property rights of others. Pursuant
to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act
of 1998), CatSnip's designated agent for notice of alleged copyright
infringement appearing on our site is:
CatSnip, Inc.
3577 Pinao St #42
Honolulu, HI 96822
Telephone: (808) 277-7543
Email address: info@CatSnip.com
To file a notice of infringement with us, one needs to fulfill the
requirements specified in Title II of the Digital Millennium Copyright
Act of 1998. The text of this statute can be found at the U.S. Copyright
Office web site, http://lcweb.loc.gov/copyright (visited February 23,
1999).
Links
The CatSnip.com site may contain links to other web sites or resources.
You acknowledge and agree that CatSnip is not responsible or liable
for
the availability or accuracy of such sites or resources, or
the content, advertising, or products on or available from such sites
or resources.
The inclusion of any link(s) on the site does not imply that we endorse
the linked site(s). The use of any links on the CatSnip.com site are
for use at your own risk.
Limitation of Liability
NEITHER CATSNIP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS
AND SITE CONTENT) SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY
TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL CATSNIP'S
LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF THIS SITE
EXCEED $25,000.00.
Because some jurisdictions do not allow the exclusion or limitation
of liability for consequential or incidental damages the above limitation
or exclusion may not apply to you. CatSnip is not responsible for any
liability related to the completion, timeliness, adequacy, and/or payment
for services listed on our Site. Any questions, complaints or claims
related to the completion, timeliness, adequacy, and/or payment for
services should be directed to the appropriate service provider. If
your use of the site results in the need for servicing or replacing
property, material, equipment or data, we are not responsible for those
costs.
Reservation of Rights; Limited Licenses
CatSnip and its licensors shall retain all of its right, title and
interest in and to all patent rights, inventions, copyrights, know-how
and trade secrets relating to the Site. User acknowledges that the CatSnip
logo and name are trademarks of CatSnip, and may be registered in certain
jurisdictions. All other product names, company names, marks, logos,
and symbols on the site may be the trademarks of their respective owners.
Except where expressly provided by CatSnip, nothing in this User Agreement
shall be construed to confer any license under any of CatSnip's or any
third party's intellectual property rights, whether by estoppel, implication,
or otherwise.
Errors and Disclaimer of Warranties
YOU (the User) USE THE SITE AT YOUR RISK. CatSnip.com endeavors to
provide a convenient and functional site, but we do not guarantee that
it will be error free or that the site or the server that operates it
are free of viruses or other harmful components. We urge you to keep
backup copies of material you maintain on or use with the site. As mentioned
above, we remind you to be careful in your dealings with other users.
Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING,
BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED
TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY
OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that
some jurisdictions may not allow the exclusion of implied warranties,
so some of the above exclusions may not apply to you.
CATSNIP MAKES NO WARRANTY THAT THE SITE (INCLUDING, BUT NOT LIMITED
TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) WILL MEET USER'S REQUIREMENTS,
OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES CATSNIP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SITE. CATSNIP MAKES NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY USER FROM CATSNIP OR THROUGH THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold harmless CatSnip, its officers,
directors, employees, agents and partners, from and against any claims,
actions or demands, including without limitation reasonable legal and
accounting fees, made by any third party due to or resulting from your
use of the site or the site content, including without limitation claims
against CatSnip for unsatisfactory performance of services listed on
the site, or your violation of this User Agreement.
General Provisions
You are responsible for compliance with applicable local laws, keeping
in mind that access to the site content may not be legal by certain
persons or in certain countries. If any part of this User Agreement
is held to be unenforceable, the unenforceable part shall be given effect
to the greatest extent possible and the remainder will remain in full
force and effect. This User Agreement is personal to you and you may
not transfer, assign or delegate this User Agreement to anyone without
the express written permission of CatSnip. Any attempt by you to assign,
transfer or delegate this User Agreement without the express written
permission of CatSnip shall be null and void. This User Agreement will
be governed by the law of Honolulu, U.S.A., without regard to its conflicts
of law provisions. Any dispute related to this User Agreement will be
settled in a binding arbitration under the arbitration rules of the
American Arbitration Association. Any dispute you may have with respect
to this site must be commenced within one year after it arises, or the
cause of action is barred.
The paragraph headings in this User Agreement, shown in boldface type,
are included to help make the agreement easier to read and have no binding
effect. The User Agreement and the agreements referenced in this User
Agreement comprises the entire agreement between you and CatSnip with
respect to the use of the site and supersedes all prior agreements between
the parties regarding the subject matter contained herein as well as
any conflicting or inconsistent terms in any web site that links-to
or is linked-from the site. We suggest that you print out a copy of
this User Agreement for your records.
Agreement to Pay
If for any reason, CatSnip does not receive payment for any amounts
that you have authorized to be paid through your use of the Payment
Service, you agree to pay such amount immediately upon demand by CatSnip.
You also agree to pay any interest charges, attorney's fees, and other
costs of collection incurred by CatSnip in collecting from you the authorized
but unpaid amount. In such case, CatSnip may, at its option, stop processing
any further payments made by you and apply any amounts then held by
CatSnip on your behalf toward any deficiencies, losses, or costs that
we have incurred as a result of your use of the Payment Service. We
may also make appropriate reports to credit reporting agencies, financial
institutions, tax agencies and law enforcement authorities, and cooperate
with them in any resulting investigation or prosecution.
Indemnification
You agree to defend, indemnify and hold harmless CatSnip, its officers,
directors, employees and agents (each an "Indemnified Party")
from and against any and all losses, damages, and costs incurred by
an Indemnified Party as a result of any action, claim, suit or other
proceeding brought by a third party against such Indemnified Party in
connection with your use of the Payment Service or any payment obligations
incurred through use of the Site.
Security
CatSnip is committed to providing you with a safe and secure e-commerce
environment. If you wish, you may enter your credit card number or other
sensitive information using an encrypted server connection that employs
SSL technology as provided on the Payment Service pages.
Disputes Between Buyers and Service Providers
Any disputes in connection with services provided by Service Providers
or payments made by Buyers remain between such Buyers and Service Providers.
By using the Payment Service, you acknowledge that CatSnip will not
be a party to any such dispute or be obligated to take any action or
refrain from taking any action toward resolving any such dispute. CatSnip
may, at its sole discretion, but shall not be required to, withhold
or delay payment in the event of dispute between a Buyer and a Service
Provider.
Reservation of Rights
CatSnip may refuse service to anyone for any reason. CatSnip may earn
and retain interest or other compensation from the balances in its bank
accounts which result from a lapse of time between the receipt of funds
from any Buyer and any debit of its bank account to pay any Service
Provider, after such Service Provider has requested disbursement from
its Stored Value Account.
CatSnip may amend this Payment Service Agreement at any time in its
sole discretion by notifying affected users. If a User does not terminate
use of the Payment Service as described below, User will be deemed to
have accepted such amendment. If a User does not terminate use of the
Payment Service as described below, User will be deemed to have accepted
such amendment.
CatSnip will not be considered to have waived any of its rights or
remedies described in this Payment Service Agreement unless the waiver
is in writing and signed by an authorized representative of CatSnip.
No delay or omission by CatSnip in exercising its rights or remedies
will impair its rights or be construed as a waiver. Any single or partial
exercise of a right or remedy will not preclude further exercise of
any other right or remedy.
CatSnip reserves the right to seek reimbursement from any Service Provider
and Service Provider will reimburse CatSnip if CatSnip discovers erroneous
or duplicate transactions, or if we receive a chargeback from any Buyer's
credit card issuer for the amount of such Buyer's purchase from such
Service Provider.
CatSnip may obtain such reimbursement by deducting from future payments
owed to such Service Provider, by reversing any credits to such Service
Provider's bank account, by charging such Service Provider's credit
card or by seeking reimbursement from such Service Provider by any other
lawful means. This Payment Service Agreement and any User's registration
for and use of the Payment Service will not be construed as creating
or implying any relationship of agency, franchise, partnership, or joint
venture between any User and CatSnip.
Termination of Use of Payment Service
CatSnip may, at any time and within its sole discretion, terminate
your access to and use of the Payment Service for any reason, including
without limitation, violations of this Payment Service Agreement or
the Site Terms and Conditions of Use. In addition, CatSnip may modify
the terms of this Payment Service Agreement or discontinue the Payment
Service at any time and without prior notice with the following provision:
that, if CatSnip elects to modify or discontinue the Payment Service
or this Payment Service Agreement, CatSnip will post the new terms or
a notice of such changes within a reasonable time on an appropriate
area of the Site.
DISCLAIMER OF WARRANTY
USE OF THE SITE AND OF THE PAYMENT SERVICE IS ENTIRELY AT YOUR OWN
RISK AND THE SITE, THE PAYMENT SERVICE AND ALL PRODUCTS OR SERVICES
OFFERED ON OR THROUGH THE SITE ARE OFFERED "AS IS" WITHOUT
WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION:
A. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT
OF INFORMATION, PRODUCTS, SERVICES OR RESULTS; AND
B.ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION, IN WHICH
CASE, THEY ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.
Limitation of Liability
NEITHER CATSNIP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SITE OR THE PAYMENT SERVICE SHALL BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM
YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE PAYMENT SERVICE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH
DAMAGE. Because some jurisdictions do not allow the exclusion of limitation
of liability for consequential or incidental damages the above limitation
or exclusion may not apply to you. In any event, CatSnips maximum
liability shall not exceed amounts paid in by you in the transaction-giving
rise to the liability.
Questions
Do You Have a Question, Suggestion or a Problem?
If you have any questions, suggestions, or reports of problems regarding
the Payment Service, please
contact us via email Service@CatSnip.com or write to us at:
CatSnip, Inc.
3577 Pinao St #42
Honolulu, HI 96822
CatSnip.com
Privacy Agreement
Content Removal Policy
CatSnip reserves the right to remove or restrict access to any information
posted or made available on its site by its users or any third party,
including in the following situations:
- Where feedback or information posted contains language that is
obscene, lewd, lascivious, filthy, excessively violent, harassing,
illegal, overly disparaging or deprecating of CatSnip or other users
or otherwise objectionable;
- Where feedback or information posted is not directly related to
transactions conducted through CatSnip or the CatSnip Marketplace
and/or is primarily personal in nature;
- Where a court or other governmental authority orders CatSnip to
remove or restrict access to feedback or information posted on its
site;
- Where feedback or information posted is shown to have been left
by a minor or by a user who has conducted any fraudulent transaction;
- Where feedback or information posted contains any personal identification
information about a user or any third party, including name, address,
phone number or email address or;
- Where feedback or information posted makes any reference to actions
taken or purported to be taken by CatSnip or any law enforcement organization.
Other Prohibited Content
In addition to the prohibited content and feedback listed above, CatSnip
reserves the right to remove or restrict access to any information posted
by its users or any third party in connection with the following situations.
CatSnip also reserves the right, at its discretion, to issue a warning,
temporarily suspend, indefinitely suspend or terminate the membership
of any offending user:
- Shill feedback -- Using a secondary CatSnip user name or other CatSnip
members to artificially raise the level of your own feedback or create
negative feedback for another user.
- Feedback Extortion -- Demanding any action of another CatSnip user
that he or she is not required to do, at the threat of leaving negative
feedback. ("Pay me an extra $200.00 or I will..." or "Provide
an additional logo design or I will...[even though not covered in
the original project description]").
- Feedback solicitation -- Offering to sell feedback, trade feedback
undeservedly, or buy feedback.
Thank you for observing these rules. If you have questions or a concern
about someone that you believe is in violation of this Agreement,
please contact help@catsnip.com.