TERMS OF SERVICE AND CONDITIONS OF USE FOR PUDGY PENGUINS STORE
In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/pudgypenguinsbrand/terms_of_service) and
Welcome! Pudgy Penguins at shoppudgypenguins.com provides website features, products and services to you when you visit or shop at shoppudgypenguins.com, or use other Pudgy Penguins products, services, websites or mobile applications (collectively with pudgypenguins.com, "Pudgy Penguin Services") – all of which are subject to these Terms of Service and Conditions of Use. LSTLLL Holdings Inc. dba Pudgy Penguins (“Pudgy Penguins”) reserves the right to modify these Terms of Service and Conditions of Use at any time and without notice to you. By visiting shoppudgypenguins.com or using other Pudgy Penguin Services, you agree to these Terms of Service and Conditions of Use. Please read them carefully.
LICENSE AND ACCESS
Subject to your full compliance with these Terms of Service and Conditions of Use, and your payment of any applicable fees, grants you a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable license to access and make personal, non-commercial use of the Pudgy Penguins Services.
For shop.pudgypenguin.com specifically, the license to access is solely for the purpose of shopping for items for personal use sold on shoppudgypenguins.com and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance and in our sole discretion. The license granted herein does not include: any resale or commercial use of any Pudgy Penguins Service, or its contents; any collection or use of any product listings, descriptions, images, or prices; any derivative use of any Pudgy Penguins Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots (bots), or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms of Service and Conditions of Use are reserved and retained by Pudgy Penguins or its licensors, suppliers, publishers, rightsholders, or other content providers. No Pudgy Penguins Service, nor any part of any Pudgy Penguins Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pudgy Penguins without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pudgy Penguins name or trademarks without our express written consent.
We reserve the right to refuse service, terminate accounts, and/or cancel orders in our sole discretion, including, without limitation, if we believe that customer conduct violates these Terms of Service and Conditions of Use, applicable law, or is harmful to our interests. In other words, you may not misuse Pudgy Penguins Services.
INTERNATIONAL ACCESS; SANCTIONS & EXPORT POLICY
Pudgy Penguin Services may be accessible from countries other than the United States and its territories and may contain products or references to products or services that are not available outside of the United States or its territories. Any such access or reference does not imply that such products or services will be made available outside the United States or its territories. If you access and use Pudgy Penguin Services outside the United States or its territories, you are responsible for complying with all applicable laws and regulations.
You may not use any Pudgy Penguin Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Pudgy Penguin Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
You may need your own account to use certain Pudgy Penguin Services, and you may be required to be logged in to the account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You shall immediately notify us of any actual or suspected unauthorized use of your password or account. We have no obligation to investigate the authorization or source of any such access or use of Pudgy Penguin Services. We do not sell products or services to children, but we do sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Pudgy Penguin Services only with involvement and permission of a parent or guardian. We reserve the right to refuse service, terminate accounts, terminate your rights to use Pudgy Penguin Services, or cancel orders in our sole discretion.
When you use Pudgy Penguin Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications (including marketing communications, unless you have opted-out where applicable) from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Pudgy Penguin Services. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
COPYRIGHT & TRADEMARKS
All content included in or made available through any Pudgy Penguin Service, such as text, graphics, logos, button icons, images, audio, video, and software is the property of Pudgy Penguins; and the compilation of all content included in or made available through any Pudgy Penguins Service is the exclusive property of Pudgy Penguins and is protected by United States and international copyright laws, as applicable. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Pudgy Penguin Service are trademarks or trade dress of Pudgy Penguins in the U.S. and other countries. The use of any of our intellectual property without our express written consent is strictly prohibited. Pudgy Penguins’ trademarks, trade dress and other intellectual property may not be used in connection with any product or service that is not Pudgy Penguins’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pudgy Penguins. All other trademarks not owned by Pudgy Penguins that appear in any Pudgy Penguin Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use any of our trademarks or service marks in meta tags without our prior explicit consent.
RISK OF LOSS, RETURNS/REFUNDS & TITLE
The risk of loss and title for items purchased by you from Pudgy Penguins pass to you upon our delivery of the items to the carrier. Conversely, we do not take title to returned items until the item is received at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. You are responsible for reviewing the contents of your returns prior to shipment back to us. We are not responsible for any additional items that might accompany your returned items. Any such items are subject to destruction, and we have no obligation to return them to you.
PRODUCT DESCRIPTIONS; TYPOGRAPHICAL ERRORS; SITE CONTENT
Pudgy Penguins attempts to be as accurate as possible. However, Pudgy Penguins does not warrant that product descriptions or other content of any Pudgy Penguin Service is 100% accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy against us is to return it in unused condition and request a refund for such item. If any other Pudgy Penguin Service is not as described, your sole remedy against us is to request a refund for such Pudgy Penguin Service.
In the event a product or service is listed at an incorrect price or with incorrect information (due to typographical error or error in pricing or product information received from our suppliers), we shall have the right to refuse or cancel any orders placed for such product or service. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.
Content provided on shoppudgypenguins.com is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or before engaging in any physical activity using our products or services, if appropriate.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your permissions granted under these Terms of Service and Conditions of Use. Upon such termination or revocation, you shall immediately cease all access to and use of all Pudgy Penguin Services, and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use our website in whole or in part. Any termination of these Terms of Service and Conditions of Use shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
DISCLAIMER AND LIMITATION OF LIABILITY PUDGY PENGUIN SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PUDGY PENGUIN SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PUDGY PENGUINS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF PUDGY PENGUIN SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PUDGY PENGUIN SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF PUDGY PENGUIN SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, PUDGY PENGUINS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, DATA ACCURACY, DATA SECURITY, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOP.PUDGYPENGUINS.COM MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT WARRANT THAT PUDGY PENGUIN SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PUDGY PENGUIN SERVICES, SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PUDGY PENGUINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, PUDGY PENGUINS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PUDGY PENGUINS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PUDGY PENGUIN SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AMOUNT YOU PAID US FOR THE APPLICABLE PRODUCT OR SERVICE.
DISPUTES, REMEDIES & APPLICABLE LAW
Any dispute or claim relating in any way to your use of any Pudgy Penguin Service, or to any products or services sold or distributed by Pudgy Penguins or through shoppudgypenguins.com or any other Pudgy Penguins website will be resolved by binding arbitration, rather than in court. You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida (without regard to principles of conflict of laws), will govern these Terms of Service and Conditions of Use and any dispute of any sort that might arise between you and Pudgy Penguins.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service and Conditions of Use.
Any arbitration between us will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. The AAA's rules will govern payment of all filing, administration and arbitrator fees. The arbitration will be conducted in person in Miami-Dade County, Florida, at another mutually agreed-upon location, or through such other procedures (such as, without limitation, written submissions, phone or video attendance) as may be agreed by the parties and approved by the arbitrator(s).
You and Pudgy Penguins both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Pudgy Penguins each respectively waive any right to a jury trial. You and Pudgy Penguins also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
MODIFICATION & SEVERABILITY
We reserve the right to make changes to our websites, policies, and these Terms of Service and Conditions of Use at any time and without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.