Terms of Use

Last updated: February 2022

Definition of Terms of Use

Please read these Terms of Use (“Terms”, “Terms of Use”, “Terms and Conditions”) carefully before using the https://www.herpville.com website and Herpville mobile applications iOS and Android (“Herpville Service”) operated by ROK Technology LLC (“us”, “we”, or “our”).

Access to and use of the Herpville Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitor(s), user(s), subscriber(s), vendor(s), business entity(ies), consumer(s), breeder(s) and others who access or use (“you”, “You”, “user”, “your”, “users”, “User”, “Users”) the Herpville Service.

By accessing or using the Herpville Service you acknowledge to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

From time to time Herpville Services introduces new features and functions that may only be available to certain users. Provisions of these Terms of Service relating to such new features, including, at the present, the electronic payments and fulfillment solutions, may not apply to all users.

Eligibility

In order to use the Herpville Service, you must be over the age of 13 years. For those over 13 and under the age of 18, need a parent/legal guardian (over the age of 18) to agree to the Terms & Conditions or Terms to Use. The following must be warranted: (A) Herpville services have not previously suspended or removed access; (B) Currently are legally permitted to habituate in the United States territories (C) Without violating any clauses of another party, may enter into this agreement. If registering to use the Herpville Services as ‘Doing Business As’ (DBA), breeder, legal entities, the following must be warranted: (A) Legal entity is organized and under the applicable laws of the jurisdiction of its organization is validly existing; (B) Duly authorized by such legal entity to act on its behalf.

 

User Responsibilities (Proper or expected usage of the app)

When using the Herpville Services, it is acknowledged that responsibility to abide by certain rules, the contract, intellectual property, other party rights, and no damage is applied. It is agreed by the user and/or other individuals/parties to not allow doing any of the following:

• To engage in any unauthorized uses in the Herpville Services including: political campaigning, advertising, marketing, etc. 
  
  Transmit or otherwise make available any content that (1) is against the rights of information transmission using Herpville Services (2) may expose Herpville affiliates, licensors, users, etc. to any harm and/or liability (3) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise objectionable. 

• You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish anything else except Herp “non-poisonous and not endangered/threatened reptiles, amphibian, spiders and insects. This includes those that are not endangered/threatened category by USA
  and other countries where Herpville Service is accessible and/or any of their state or local entities through the Herpville Service”. 
• Herp should follow the specification (length, weight, traits, color, sex, category, type).
• Transmit or otherwise make available any content that contains or may contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
• Originate, send, deliver, relay or otherwise transmit unsolicited commercial email(s) or other message(s) through Herpville Services.
• Copy any portion of the Herpville Service or any underlying content or source code;
• Reverse engineer, disassemble or decompile any portion of the Herpville Service or otherwise attempt to discover or re-create the source code to any software.
• Distribute the software or source code behind the Herpville Service to any third party;
• Make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Herpville Service.
• Remove, alter, or obscure any copyright or other proprietary notices of our or our affiliates or licensors in any portion of the Herpville Service.
• Obscure or disable any advertisements that appear on or through the Herpville Service.
• Use any type of automated means, including without limitation any harvesting bot, robot, spider, script, crawler, scraper or other automated means or interface not provided by Herpville, to utilize the Herpville Service or to collect or extract data.
• Access without authorization any networks, systems, or databases used in providing the Herpville Service or any accounts associated with Herpville Service, or to access or use any information therein for any purpose.
• Attempt to probe, test, hack, or otherwise circumvent any security measures.
• Violate any requirements, policies, procedures or regulations of any network connected to the Herpville Service.
• Use the Herpville Service in any manner that could damage, disable, overburden, or otherwise impair the Herpville Service (or the networks connected to the Herpville Service).
• Interfere with or disrupt the use and enjoyment by others of the Herpville Service, including without limitation attempting, in any manner, to obtain the password, account, or other security information of any other user.
• Falsely state, impersonate, or otherwise misrepresent your identity.
• Provide false information during Account creation or the subscription or registration, or otherwise provide false, inaccurate or misleading information;
• Create more than one Account or create an Account on behalf of anyone other than yourself without permission.
• Use or attempt to use another user’s Account without authorization.
• Attempt to pay for an item using the subscription with an Electronic Payment Method that you either do not own or are not validly authorized to use.
• Use the Herpville Service in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person.
• Use the Herpville Service in any manner that exposes us to any harm or liability of any nature.
• Use the Herpville Service to infringe or violate the intellectual property rights or any other rights of anyone else (including Herpville).
• Develop any third-party applications that interact with the Herpville Service without our prior written consent.
• Use the Herpville Service to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of these Terms, illegal gambling, fraud, money-laundering, or terrorist activities.
• Transfer any rights granted to you under these Terms; or
• Encourage or induce any third party to engage in any of the activities prohibited under this section.
• Herpville Service has full right to remove the content and/or terminate the users and remove the content entirely who don’t follow the community and messaging guidelines provided under Section A and Section B.
  
  

If any of the foregoing is violated, Herpville reserves the right to suspend or terminate access to use the Herpville Services immediately without notice. This may be subject to prosecution and severe damages. Violations also may result in Herpville taking remedies that deem appropriate in the circumstances. Herpville Services reserve the right to monitor, review, retain, and/or disclose any information regarding uses of the Herpville Services per request of the government and/or legal processes. It is also acknowledged that Herpville Services are not held responsible or liable for the conduct of interactions with other Herpville users (online or offline). Herpville Services are not responsible or liable for any loss, damage, injury or harm resulting from the interactions. Enforcement of these terms is solely in Herpville Services’ discretion and the absence of enforcement in some instances does not constitute a waiver of the right to enforce these terms in other instances. These terms do not create any private right of action on the part of any other parties, any reasonable expectation(s), or promise that the Herpville Services will not contain any content that is prohibited by these terms.

Account Registration

A Herpville Service account (profile page) is required in order to access certain features of the Herpville Service. Once the account is created, it is applied that (A) accurate, current and complete personal data is provided (B) personal data should be updated when necessary to keep it accurate, current, and complete (C) maintain the security of each account and other personal data including login credentials (D) consent to allow Herpville Services contact user for the purpose of confirming some or all account data, to conduct research, and to resolve disputes if necessary.

Terms of Paid Services

From time to time, Herpville Services may make certain services available for a fee in connection with the Herpville Paid Service (“Paid Services”). The following terms of sale apply solely to your purchase of Paid Services from Herpville Service.

1. Fees  Unless otherwise agreed upon by Herpville Service in writing, the fees payable in connection with any Paid Services (“Fee”) will be specified via the Herpville Service. All Fees are denominated in U.S. dollars and are exclusive of any applicable taxes.
2. Payment Method You may only pay Fees using valid payment methods acceptable to us, as specified via the Herpville Service. You represent and warrant that you are authorized to use the payment method you designate via the Herpville Service. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable to us, your order may be suspended or canceled.
3. Subscriptions and Auto-renewing Subscription (“Unlock Subscription”): Certain of the paid services provided by Herpville Service may be offered on a subscription basis with auto-renewing payments (“Subscription Service”). The billing period for each type of Subscription Service will be as specified via the Herpville Service at the time of registration. When you register for any Subscription Service, you expressly acknowledge and agree that – (a) Herpville Service (Or it’s designated third-party payment processor) is authorized to charge you $29.99 on a yearly basis (fiscal year) for the Subscription Service (in additional to any applicable taxes and other charges) at the then-current rates for as long as Subscription Service continues, and (b) the Subscription Service will continue until you cancel it or we suspend, terminate or stop providing access to the Herpville Service in accordance with the terms.
4. Cancellation Policy for Subscription Services:  To cancel any Subscription Service, you must contact us through our Help tab via mobile app or website (www.herpville.com) and follow the instructions in the email we send you in response to your cancellation request. You must cancel Subscription Service before the start of the next billing period in order to avoid charges for the next billing period’s fees. Following any cancellation, you will continue to have access to the Subscription Service (subject to these terms) through the end of your current billing period.
5. Price Changes Herpville Service reserves the right to modify the fees for any paid services, including any Subscription Service, from time to time in its sole discretion. For Subscription Service, price changes will apply to the next billing period.
6. Taxes You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of Paid Services. We will collect applicable sales tax if we determine that we have a duty to collect sales tax, and will provide notice of such taxes at the time you place your order.
7. No Refunds Except as provided in Herpville Service Termination section, or as otherwise expressly agreed upon by Herpville Service, all sales of Paid Services (including any Subscription Services) are final and there are no refunds. There are no refunds or credits for partially used Subscription Service periods.
8. Errors: In the event of an error in connection with the pricing or charging of Paid Services, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such a refund, you must provide notice of any such error within 120 days of the date of the billing statement in which such error first appeared.

Herpville Service Termination

Herpville Services may in its sole discretion and without any liabilities modify, discontinue, terminate, suspend or shut-down (temporarily or permanently) all of Herpville Services at any time without prior notice. Upon any such action by Herpville, any user must immediately discontinue Herpville Services. You lose credentials to login or use and you will be fully blocked. Herpville is not required to refund any payment (full or partial) that was made as part of the subscription (if any) for the year. The recurring payment for the following year will be rescinded by us. We are not obliged or not required to give you any reason or provide any evidence for your account termination. Also during the temporary or permanent termination, Herpville Service has sole rights and has authority to make decisions for retention or deletion of your information or any herp related information you have saved. In case of failure to abide or to follow our rules or policies, we have full rights to terminate your account temporarily or permanently.

 

Third Party Services and Content

In using the Herpville Service, you may view content, utilize services, or otherwise interact with content and services provided by third parties, including, but not limited to, the Herpville Service subscription provided by a third-party payment processor, the Herpville Service Alert solution  through third-party chat/message service providers, Herpville Service Community solution through third-party community service providers links and/or connections to websites, applications or services of such parties (“Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and you acknowledge and agree that we will have no responsibility for any Third Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of any good or services that you may purchase or sell to or from a third party.

 

User Content and guidelines

Herpville Service allows you to create, store, post, share and otherwise make available certain information including, yourself, content, messages, materials, data, information, text, photos, graphics, code or other items or materials, videos, or other material (“User Content”) through interactive areas (e.g. messaging alerts, community, sharing of Herp details to other users etc.) or services, such as posting items in Listing, private messaging, or other areas or services. User Content may be publicly viewable in some instances. We reserve the right, but do not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the Herpville Service at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish through the Herpville Service any of the following:

• User Content that is, in our judgment, disrespectful, vulgar or may expose users or others to harm or liability
• Profanity or hate speech, threats of violence or actual violence
• User Content that may infringe on the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary rights of any party
• Private information of any third parties, including addresses, phone numbers and payment card information
• Viruses, corrupted data or other harmful, disruptive, or destructive files; or
• User Content that inhibits any other person from using or enjoying the Herpville Service.

 

Users are solely responsible for creating backup copies of and replacing User Content at the user’s sole cost and expense. It is acknowledged and agreed that Herpville is not responsible for any errors or omissions that are made in connection with the Herpville Services. By submitting or posting User Content, it is hereby granted to Herpville a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, see, create derivative works from, distribute, perform, and display the User Content, and user’s name, company name, location and any other information submitted with the User Content in connection with the Herpville Service. The use of any other user’s name, likeness, or identity in connection with the Herpville Service does not imply any endorsement thereof unless explicitly stated otherwise. Herpville also has the right to disclose your identity to any third party who is claiming that any content posted by the user constitutes a violation of their intellectual property rights, or of their right to privacy

 

Temperance

As a Herpville Service user, you agree that we may control access to and use of the Herpville Service in our sole discretion through any means (including, for example, blocking, filtering, deletion, delay, omission, verification, and/or termination of your access. Herpville Services also have the right to remove any posts made through the Service. If the post does not comply with the content standards set out in the “User Content and guidelines” section or “User responsibility” section, access will be rescinded. Users agree not to bypass or attempt to bypass such moderation. Also, it is agreed that Herpville Services are not liable for moderating, not moderating or making any representations regarding moderation.

 

Copyright & Licenses

In accordance with the Digital Millennium Copyright Act (“DMCA”), World Intellectual Property Organization (WIPO) and other applicable law, Herpville Service has enforced a policy to terminate in appropriate circumstances and at our discretion, users who are deemed to be repeat violations. We also may, at our discretion, limit access to the Herpville Service and terminate access of any users who violate any intellectual property rights of others, whether or not there is any repeat violation.

If you believe that anything on the Herpville Service violates upon any copyright that you own or control, you may file a notification with our legal department as set listed below:

legal@herpville.com
ROK Technology LLC
Hilliard OH 43026
USA

 

Trademarks

Herpville, Herpville.com, Herpville Service and other Herpville graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Herpville or its affiliates in the USA. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without our prior written consent. You will not use any trademark, product or service name of Herpville without our prior written permission, including without limitation any meta-tags or other “hidden text” utilizing any trademark, product or service name of Herpville.

 

Disclaimer and Warranty 

Under permitted applicable law, Herpville nor its affiliates or licensors or it’s any employee at any designation represent warranty that the Herpville Service will meet your requirements or be accurate, completely appropriate, error free. The Herpville Service will not always be available or can be uninterrupted, non accessible, non responsive or non secure. Herpville can’t guarantee any defect will be corrected on timely manner, and Service will be virus free or free from any harmful worms or bugs

Herpville Service does not provide any tax, legal, medical or financial advice regarding the user’s business decisions. Accordingly, there are no claims against us in this respect.

Any suggestion to improve Herpville Service will be acknowledged, and can be worked on with our discretion, priority and consideration of other users. 

Herpville Service warrants that the software and/or platform is developed with the usual standard of care and is free of defects or bugs etc. (for details please refer to the Privacy Policy) which preclude or affect the suitability for the customary or contractual use to a more than immaterial extent.

The quality and reliability of any suggestions made by the certain Herpville Service e.g. Search and Filter etc. are best effort to build algorithms and serve the users.

Herpville does not warrant the achievement of the business purpose intended by the user and is not liable for the consequences of any business decisions made by the user.

For backup of any information you store or transfer through the Herpville Service, you agree that the that information may get lost or corrupted or not available real-time due to including service or software failures, terms changes with third party vendors, internet outage, disasters, scheduled or unscheduled maintenance or other reasons outside of our control you are fully responsible. 

Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the Herpville Service or any other products or services of Herpville Service (collectively, “Feedback”), is non-confidential and will become our sole property. We will have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. You waive any rights you may have to the Feedback (including any copyrights or moral rights).

 

Limitation of Liability

In the case of slight negligence, Herpville Service shall only be liable for the violation of an essential contractual obligation. These are obligations, the fulfillment of which enables the proper execution of the contract and on whose observance the user may regularly rely. In such cases, Herpville Service shall only be liable for the foreseeable, contract-typical damage. For all other damages, liability for slight negligence is excluded.

The above exclusions and limitations of liability shall also apply with regard to the liability of Herpville Service’ employees, workers, staff, representatives and vicarious agents and in particular for the benefit of shareholders, employees, representatives, executive bodies and their members with regard to their personal liability.

The foregoing limitations shall not apply to damages or injury to life, limb or health, in the event of willful intent or gross negligence by Herpville Service or its employees and representatives or in the event of Herpville Service’ liability. 

Herpville Service is not liable for damages caused by unauthorized access of third parties to the Platform if such damages have been caused because the user has not sufficiently protected his login data against access.

Herpville Service is not liable for any non-compliance of the user with third party terms of use and guidelines.

 

Intellectual Property Rights

Unless otherwise indicated, the Herpville Service and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the Herpville Service, including, without limitation, the Herpville Service logo, designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of Herpville Service and its affiliates or licensors, and are protected by U.S. and international copyright laws and other intellectual property rights laws.

 

Changes 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

Contact Us

legal@herpville.com
ROK Technology LLC
6033 Glade Run Ct
Hilliard OH 43026 (USA)

 

Section A: Community Guidelines

Herpville Service is committed to retain a respectful herp user community. The guidelines enforce and lead towards a good experience for everyone. When using Herpville Service and connecting with other users, please refrain from any of the below:

1. Profanity or hate speech
2. Threats of violence or actual violence
3. Harassment, such as:
   1. Targeting another user with complaints about items or expressing opinions about items with bad intention
   2. Sexual harassment or any comments related to another person’s looks, relationship status, etc.
   3. Other comments not related to the item
   4. Pressuring a user for something not related to item
4. Spam and unsolicited offers, such as:
   1. Unsolicited messages sent to potential user, including those of a commercial nature
   2. Impersonation of another user or our employee, or other entity in communications
   3. Any other misleading, fake, or malicious communication
5. Use of disallowed content in your public profile or custom profile link. Examples include:
   1. Offensive or vulgar profile names, links, or photos, or those that infringe on the intellectual property rights of others
   2. Use of the our name or image
   3. Inclusion of personal contact details
   4. Posting another user’s private information, including contact information

We may remove content that violates these guidelines. In severe cases or repeated violations, we may suspend or cancel an account or take other action. Help keep our herp community strong.

 

Section B: Alert/Messaging/Chat Guidelines

Herpville Service is committed to retain a respectful herp user community. The guidelines enforce and lead towards a good experience for everyone. When using Herpville Service and connecting with other users, please refrain from any of the below:

1. Profanity or hate speech/chat/messaging
2. Threats of violence or actual violence
3. Harassment, such as:
   1. Targeting another user with complaints about items or expressing opinions about items with bad intention
   2. Sexual harassment or any comments related to another person’s looks, relationship status, etc.
   3. Other comments not related to the item
   4. Pressuring a user for something not related to item
4. Spam and unsolicited offers, such as:
   1. Unsolicited messages sent to potential user, including those of a commercial nature
   2. Impersonation of another user or our employee, or other entity in communications
   3. Any other misleading, fake, or malicious communication
5. Use of disallowed content in your public profile or custom profile link. Examples include:
   1. Offensive or vulgar profile names, links, or photos, or those that infringe on the intellectual property rights of others
   2. Use of the our name or image
   3. Inclusion of personal contact details
   4. Posting another user’s private information, including contact information