Terms & Conditions

The following agreement ("Terms") is a contract between you and BittyPets, LLC ("BittyPets") and applies to your use of the Services provided by BittyPets. Capitalized terms used in these Terms shall have the meanings defined below under "Definitions", or in the text of this Agreement.

By accessing or using the Services (including bittypets.com and its related services and tools) you indicate that you understand and intend these Terms to be the legal equivalent of a signed, written contract, and equally binding, and that you accept the Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms in their entirety, you must cease accessing or otherwise using the Services in any way.

We may amend these Terms at any time in our sole discretion, effective upon posting the amended Terms at the domain of https://bittypets.com/terms where the prior version of these Terms were posted, or by communicating these changes through any written contact method we have established with you. Your use or access of the Services following the date on which such amended Terms are published will constitute consent to such amendments. However, if you cease using the Services upon such publication, your relationship with us will continue to be controlled by the previous version of these Terms. You agree that you will regularly check https://bittypets.com/terms for updates to these Terms, and read the messages we send you to inform you of any changes.

  • YOUR AGREEMENT

    • You certify that you are at least 18 years old and have the right, authority, and capacity to enter into the agreement represented by these Terms and to abide by all of the terms and conditions of these Terms. If you are not at least 18 years old, you must discontinue using the Services immediately.
    • BittyPets reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
    • You agree to be bound by any additional rules or policies published with respect to any application, forum, contest or game within the Service.
    • You acknowledge that your use of the Service is dependant upon your compliance with these Terms and any use of the Service in violation of these Terms will not only be regarded as a breach of these Terms, but also as an infringement of BittyPets's copyrights in and to the Service. BittyPets reserves the right to terminate your access to the Service without notice if you violate these Terms, and/or to pursue other remedies at law or in equity.
    • You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of BittyPets.
    • You acknowledge that you do not rely on BittyPets to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
    • You represent that you have the right to display each and every item of User Contributed Content which you have released through the Service, including the right to display all copyrights, trademarks, trade names and similar intellectual property interests reflected therein or thereon.
    • You agree that these Terms do not entitle You to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Services (collectively, "Updates"). BittyPets, however, may occasionally provide automatic Updates to the Services at its sole discretion (and without any advanced notification to you). Any such Updates for the Services shall become part of the Services and subject to these Terms.
    • You acknowledge that we may delete your account for any reason or for no reason at all, and if we delete your account as provided in these Terms, you will lose all Virtual Goods held by BittyPets in association with your account, whether those items were provided to BittyPets gratuitously, or due to a payment of cash or the performance of services, and in such event, BittyPets shall have no obligation to make any refund to you.
    • You agree to follow the rules set forth below under "User Conduct".
  • OWNERSHIP OF COMPANY INTELLECTUAL PROPERTY

    • Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by BittyPets and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. BittyPets, its logos, and all product names are trademarks of BittyPets and may not be used without the express written permission of BittyPets.
    • You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods (see Section VI, below).
    • You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of BittyPets.
  • OWNERSHIP OF INTELLECTUAL PROPERTY CONTRIBUTED OR CREATED BY YOU

    • User Contributed Content:
      • BittyPets does not claim ownership of User Contributed Content.
      • By sharing User Contributed Content through the Service, however, you agree that you are granting permission for reproduction/printing of such content by any recipient or viewer of such content for his or her personal use and by BittyPets solely to provide the Service to you and others, to market the Service, and to illustrate the operation of the Service. You understand that the Service may involve the transmission of content over various networks and changes to content to conform and adapt to technical requirements of connecting networks, devices or display media.
    • Comments, Feedback, Suggestions, Ideas, And Other Submissions. BittyPets may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Contributed Content to BittyPets and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to BittyPets or through the Service will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions ("Ideas") disclosed, submitted, or offered to BittyPets in connection with the use of the Service or otherwise and any chat, blog, message board, online forum, text, email or other communication with BittyPets ("User Emails") shall be the exclusive property of BittyPets. You agree that unless otherwise prohibited by law, BittyPets may use, sell, exploit and disclose the Ideas and/or the User Emails in any manner, without restriction and without compensation to you. For example, BittyPets may use User Content in a number of different ways, including displaying it on the internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
  • ADDITIONAL RIGHTS OF BITTYPETS

    • BittyPets has the right to refuse registration of, or cancel or delete your Account in its discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that BittyPets has the right to terminate or limit your Account in the event that BittyPets determines, in its sole discretion, that you have violated the policies of any Service or forum used by you, including by activities that adversely affect the experience of other users. Any content that has been uploaded through the Service, any Virtual Goods or other characteristic of your account (e.g., listings) may be deleted at any time without notice to you. BittyPets is exempt from liability to any person for any claim based upon its good faith termination of an account or disabling of access to or removal of any content, including material it believes, in its sole discretion to violate these Terms, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited, regardless of whether such termination or disabling has the effect of erasing all virtual goods or other elements that may be reflected in your account. By using the Service, you agree that notice to you through an email to the email address you provided in your profile constitutes reasonable efforts to notify you of any removal or disabling if such notice is required, and if you have created an anonymous Account, you waive the right to notice, if any is required.
  • USER CONDUCT

    • In order to use the Services provided by BittyPets, you must provide us with an email address that you own and a password. You shall be solely responsible for maintaining the confidentiality of your password. You will also update your registration information with BittyPets from time to time so that it remains true, correct and complete. Even if you choose to create an anonymous account, you are still agreeing to all of these Terms.

      You may not:

      • use a false name, email address, or Profile owned or controlled by another person with the intent to impersonate that person or for any other reason;
      • use as a Profile a name subject to any rights of a person other than yourself without appropriate authorization; or
      • otherwise submit false or misleading information to BittyPets.
      • use the Service in any manner that could damage, disable, overburden, or impair the Service or another user's use of the Service;
      • remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices ("Notices") contained in or on the Service or any website on which the Service is offered, BittyPets code embeddable or embedded on a third party web site and/or BittyPets software and you shall reproduce such Notices exactly on all permitted copies of the software, Service or User Generated Art;
      • use the Services to violate the security of any computer network or transfer or store illegal material.
    • You agree that your use of and conduct on the Service (including any forum, message board, chat or other communication feature), your User Contributed Content shall be lawful and will not:

      • include any offensive comments that are connected to race, national origin, gender, religious affiliation, sexual preference or physical handicap;
      • include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
      • defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
      • promote violence, illegal drug use, or substance abuse or describe how to perform a violent act, use illegal drugs or abuse other substances;
      • violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
      • be in violation of these Terms, any local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;
      • reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
      • attempt to impersonate any other party;
      • create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
      • trick, defraud or mislead BittyPets or other users, especially in any attempt to learn sensitive account information such as passwords;
      • make improper use of BittyPets's support services or submit false reports of abuse or misconduct;
      • create or transmit unwanted electronic communications such as "spam," to other users or members of Service or otherwise interfere with other users' or members' enjoyment of the Service;
      • disparage, tarnish, or otherwise harm, in BittyPets's opinion, BittyPets and/or the Service;
      • disseminate or transmit any malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices;
      • copy or adapt the Service's software including but not limited to Flash, PHP, HTML, JavaScript or other code;
      • reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
      • except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
      • disguise the source of any information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
      • interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Content or the User Content;
      • involve cheating or any other activity deemed by BittyPets to be in conflict with the spirit or intent of the Service.
      • otherwise violate any policies applicable to the Service or forum in which you are participating.
    • BittyPets does not control or endorse the content, messages or information found in User Contributed Content or external sites that may be linked to or from BittyPets products or its forum and, therefore, BittyPets specifically disclaims any responsibility with regard thereto.
    • The Service may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
  • VIRTUAL GOODS

    • Virtual Goods Have No Cash Value. You acknowledge and agree that Virtual Goods have no cash value and that neither BittyPets nor any other person has any obligation to exchange your Virtual Goods for anything of value.

    • All Sales Final. You agree that all sales of Virtual Goods on bittypets.com are final, as are all sales or exchanges of Virtual Goods with other users through the Service. No refunds will be given, except in BittyPets's sole and absolute discretion. All Virtual Goods will be forfeited if your account is terminated or suspended for any reason, in BittyPets's sole and absolute discretion, or if BittyPets discontinues providing the Service. In addition, in the event that one of the websites through which the Service is offered (such as bittypets.com, www.stripe.com or www.paypal.com) terminates or suspends your account for any reason, you may lose all Virtual Goods held by BittyPets associated with your account.
  • PRIVACY AND PROTECTION OF PERSONAL INFORMATION

    • BittyPets may collect and collate a variety of information regarding the use of the Service by you or by people who use the Service through another website, watch your content through the Service on third-party websites, or visit social network pages on which you have installed applications included within the Service, and may cause the Service to communicate to BittyPets information about its offline operations. BittyPets is the sole owner of all such information it collects. Collection and management of such information is governed by our Privacy Policy. You should also be aware that most video delivered through applications included within the Service originates with another content provider. Such other content providers may place "cookies" on your browser, or otherwise gather information about you, including by asking you to provide information through the video player itself. We cannot control the operation of video players inserted into applications included within the Service by users, and it is up to you to review the terms of use and privacy policy of the originators of such content.

    • BittyPets uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded to the Service or collected by BittyPets in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party "hackers" from illegally accessing our site and obtaining access to content or information thereon.
    • The Service may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Service, the inclusion of any application included within the Service on a third party's website or within a third party's system does not imply approval or endorsement of that website by us. If you decide to access or post any application included within the Service on these third-party websites, you do so at your own risk.
    • BittyPets reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message or other content posted by you or where such information is otherwise relevant. BittyPets may log all internet protocol addresses accessing the Services and other information about users' access, and maintain backup copies of content indefinitely. See our Privacy Policy.
  • DISPUTES WITH OTHERS

    • We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release BittyPets and hereby agree to indemnify BittyPets from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
  • DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY

    • YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER BittyPets NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "COMPANY PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

    • TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT BittyPets PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT BittyPets PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BittyPets PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BittyPets is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Services, including any mobile software. Under no circumstances will BittyPets be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of the Service, any content or third party applications, software or content posted on or through the Services or transmitted to users, or any interactions between users of the Service, whether online or offline.
    • UNDER NO CIRCUMSTANCES WILL BITTYPETS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BITTYPETS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
    • Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using the Services. Consult your physician prior to using the Services if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the Services immediately if you experience any such symptoms.
  • INDEMNIFICATION

    • You agree to indemnify and hold BittyPets (and any employee, officer, director or affiliate of BittyPets, each a "Company Person") harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Service, the violation of these Terms by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted through the Service by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against BittyPets or any Company Person. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the BittyPets Service. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
  • TERM AND TERMINATION

    • Unless terminated by BittyPets, these Terms will remain in full force and effect while you use any of the Services. Subject to the last sentence of this Section XI, You may terminate the agreement reflected in these Terms at any time by deleting the any application included within the Service from your computer and from any social networking site or other website on which you have installed any element of the Services and ceasing to use the Service. BittyPets may terminate this Agreement at any time, particularly if you violate any provision of these Terms. Any termination of these Terms shall also terminate the licenses granted hereunder. Upon termination of these Terms for any reason, you shall destroy and remove from all computers, and other storage media, all copies of any intellectual property owned by BittyPets. BittyPets shall have the right to inspect and audit your facilities to confirm the foregoing. Your representations in Section I and the provisions of Sections VIII through XII and any other provision which by their nature are designed to survive termination shall survive any termination or expiration of this Agreement.
  • MISCELLANEOUS

    • Governing Law/Resolution Of Disputes/Waiver Of Injunctive Relief :
      • These Terms and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of Colorado governing contracts entered into and to be fully performed in Colorado (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver County, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Denver County, Colorado.
      • You acknowledge that the rights granted and obligations made hereunder to BittyPets are of a unique and irreplaceable nature, the loss of which shall irreparably harm BittyPets and which cannot be replaced by monetary damages alone so that BittyPets shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any)
      • Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms ("Dispute"), you and BittyPets agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
      • You will email your notice to BittyPets, LLC. at compliance [at] bittypets.com.
      • Binding Arbitration. If you and BittyPets are unable to resolve a Dispute through informal negotiations, either you or BittyPets may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, BittyPets will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and BittyPets may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
      • Restrictions. You and BittyPets agree that any arbitration shall be limited to the Dispute between BittyPets and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
      • Exceptions to Informal Negotiations and Arbitration. You and BittyPets agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or BittyPets's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
    • Waiver/Severability
      • The failure of BittyPets to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of BittyPets's right to assert or rely upon any such provision or right in that or any other instance. In fact, BittyPets may choose to enforce certain portions of these Terms more strictly or to interpret certain provisions more strictly against certain users than it does against users in general, and such disparate treatment shall not be grounds for failing to comply with all these Terms as so interpreted.
      • You and BittyPets agree that if any portion of these Terms, except any portion of section XII(A)(5), is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. If Section XII(A)(5) is found to be illegal or unenforceable then neither you nor BittyPets will elect to arbitrate any Dispute falling within that portion of Section XII(A)(5) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Denver, State of Colorado, United States of America, and you and BittyPets agree to submit to the personal jurisdiction of that court.
    • BittyPets operates and controls the Service from its offices in the United States. BittyPets makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BittyPets to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, BittyPets or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from BittyPets if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you. You may not assign these Terms without BittyPets's prior written consent. These Terms contain the entire understanding of you and BittyPets, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by BittyPets. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon BittyPets's request, you will furnish BittyPets any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against BittyPets by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
    • Statute of Limitations. You and BittyPets both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
    • International Use. BittyPets makes no representation that the Service is appropriate or available for use in locations outside the United States, and accessing it from territories where any feature of the Services is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws. The Services may be further subject to United States export controls. No Services may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Services is at your sole risk.
    • No Third Party Beneficiaries. These Terms are between you and BittyPets. No user has any rights to force BittyPets to enforce any rights it may have against any you or any other user.
    • Government Use. If You are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a "commercial item," "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.
  • DEFINITIONS

    • "Service" or "Services" shall mean any of the internet based or other services offered by BittyPets, whether through a website owned or controlled by BittyPets, through a social networking system, a mobile application on your cell phone or otherwise.
    • "Account" means (i) an account of a Buyer from which payment for the Transaction and related fees will be obtained, or (ii) an account of a Seller to which payment for the Transaction and other payments will be credited.
    • "User Contributed Content" shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded by a user through the Service or otherwise integrated into the Service by a user.
    • "Profile" shall mean the unique username (User ID) assocated with a users account at https://bittypets.com.

Please contact support[replace this with the at symbol]bittypets.com with any questions regarding this Agreement.