Furbay Terms and Conditions

Fur Heaven’s Sakes’ FurBay platform offers FREE fundraising programs to help animal organizations worldwide.

Furbay is FREE for all legitimate animal charity organizations anywhere in the world.

FurBay also offers several other types of ‘Free Memberships’ for anyone wishing to help animals and animal charities anywhere in the world. These memberships currently are for Businesses (Sellers), and Supporters (Animal Charity Donors).

Furbay animal charities and FurBay Business Members who join in our global network of members agree to certain terms and conditions such as:

Provide a link to their online eCommerce website so shoppers can find them for shopping and donations as our members and general public wish to do.
Animal charities that have their own eCommerce store simply provide the link to their store when they register as a Furbay member. They ‘do not need’ to provide a separate ‘Furbay category’ on their store's pages since all their items already go to benefit animals.
Seller Members must provide a ‘category for Furbay items and services they offer in their eCommerce stores. The ‘link’ to this Furbay category page will be placed on our Furbay pages in our network of members upon registration. When shoppers want to find businesses that offer products or services to help animals, they use that link to take them ‘directly’ to the Furbay category on their eCommerce store - first. This allows shoppers to quickly find items or services that benefit animals or animal charities of interest to them. If the shopper then wants to shop the Sellers' other categories, they are free to do so.
Animal charities that do not currently have an online store, and want one, contact us for help getting you set up in your store and incorporated into our global network of animal lovers.
As a Furbay member, there are no listing fees, commissions, or limitations on how a member can use their free FurBay Storefront in terms of the number of items listed or sold.

However, it is highly encouraged that all our Business / Seller Members offering goods and services in their eCommerce stores provide a minimum of fundraising items in their Furbay categories on their stores. The more you offer, the more shoppers you will attract. It is up to the members to decide what items they wish to offer. If an item is intended to benefit animals or animal charities, the items MUST be placed in the Furbay category for shoppers to find easily.

If a Seller lists only a few items in their Furbay category ‘only for the purpose’ to lead customers to shop their ‘non-Furbay’ items, their membership can be terminated. Therefore, rather than setting a ‘minimum’ of items, we encourage our Seller members to offer at least 5-10 items in each product category they have on their online stores. This allows the Furbay shopper to view at a glance ‘the types of merchandise that Seller offers’ while providing a broad selection base to help support our animal charities.
Furbay wants all our members to benefit from our network of mutually shared objectives to help animal charities and animals, especially in our communities. And we all can mutually benefit - if we all adhere to the rules, terms, and conditions.

However, no deceptive practices or representations of products offered or services offered shall, in ANY way, be contrary to the common expectations of legitimacy, authenticity, warranty, courtesy, and professional implementation of such be made.

This includes any items of pornographic material, racist material, or all other items that would be offensive to common and acceptable norms of society in any way. Such violations will be addressed, and membership will be canceled if they persist.

All Sales Will Be Conducted Solely Between The Seller And The Buyer! That Means From Start To Finish, All Guarantees, Warranties, Item Display, Condition, Customer Satisfaction, Delivery, Refund, Exchange, Whatever, No Exceptions!
(We Reserve The Right To Change Or Alter These Terms Should The Need Arise. We Also Reserve The Right To Prohibit Or Remove Any or All Items That May Be Illegal, Immoral, or Offensive At Our Sole Discretion.

Fur Heavens Sake provides all Furbay members an online marketplace to sell or offer their items and services to support an animal charity or cause. All Sellers must either have their own online eCommerce store, or we can help provide information to them and if requested, assist in setting up their new online store.

(There would be some nominal fees associated with this option.) When you register on FHS as a charity or a member supporting said charity, you agree to all the terms and conditions stated herein.

1. General. Furbay has the right, but not the obligation, to monitor any activity and content associated with this site. Furbay may investigate any apparent or reported violations of its policies and take any action that it, in its sole and absolute discretion, deems appropriate, including but not limited to issuing warnings; rejection of, refusal to post, or removal of any materials on the site; and/or denial, restriction, suspension, or termination of your access to any or all part(s) of the Furbay Services at any time. Furbay expressly reserves the right to remove, screen, or edit any content that Furbay deems, in its sole and absolute discretion, to violate this Agreement or any applicable law or to be otherwise objectionable. If we receive complaints that, upon investigation, you have repeatedly violated third-party copyright, Furbay may permanently suspend your registration for and use of Furbay Services. Furbay may take any or all of the actions above at any time, with or without prior notice or explanation, and without liability.

2. Eligibility. Members and Users represent and warrant that (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of our programs or website, including all our members websites does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe that you are over 18 years of age and represent yourself as under 18.

3. Term. This Agreement and any posted revision to this Agreement shall remain in full force and effect while you are a Member. You may terminate your Membership at any time, for any reason, by contacting us at Cancel Membership. Furbay may terminate your Membership at any time for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement, including Sections 5 to 17, will remain in effect.

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Furbay immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Use by Members. Furbay membership services are for the personal use of Members only. The Services may only be used for commercial endeavors if such endeavors are specifically endorsed or authorized by Furbay. Furbay reserves the right to remove commercial content at its sole discretion. Illegal and/or unauthorized use of the Furbay Services, including collecting usernames, user ID numbers, and/or e-mail addresses of Members by electronic or other means to send unsolicited e-mail or unauthorized framing of or link to the Furbay Website, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliated business links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may terminate membership privileges. Furbay reserves the right to take appropriate legal action for any illegal or unauthorized use of our Furbay services.

6. Proprietary Rights in Content on the Furbay Website

6.1 Furbay does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, software scripts and applications, or any other materials (collectively, “Content”) that you post on or through the Furbay services. After posting your Content to the Furbay services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the Furbay services, you hereby grant to Furbay services a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content in furtherance of Furbay’s mission and Furbay’s sole and absolute discretion, including without limitation distributing part or all of the Furbay Website in any media formats and through any media channels.

6.2 The license that you grant to Furbay is non-exclusive (meaning that you are free to license your Content to anyone else in addition to Furbay); fully paid and royalty-free (meaning that Furbay is not required to pay you for the use on the Furbay Services of the Content that you post); sublicensable; and worldwide.

6.3 By uploading or otherwise posting any Content to the Furbay Website, you represent, warrant, and covenant that: (i) you own the Content posted by you on or through the Furbay Services or otherwise have the right to grant the license set forth in this Section 6; (ii) the posting of your Content on or through the Furbay Services does not violate any applicable laws, including but not limited to all applicable data protection laws and the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights, or any other rights of any person or entity; and (iii) you have obtained the prior consent of any individuals whose personal information you use, disclose, or transmit on or through our Furbay services. You agree to pay for all royalties, fees, and any other monies owing to any person or entity because of any Content posted by you on or through our Furbay services.

6.4 Furbay services contain Content of Furbay. (“Furbay Content”). Furbay Content is protected by copyright, trademark, trade secret, and other laws, and Furbay owns and retains all rights in the Furbay Content and Furbay Services. Furbay hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Furbay Content (excluding any software code) solely for your personal use in connection with viewing the Furbay Website and using our Furbay Services.

6.5 The Furbay Services contain the Content of Users and other Furbay licensors. Except as provided within this Agreement and subject to Furbay’s copyright policy, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through our Furbay services.

6.6 Furbay performs technical functions necessary to offer our services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Furbay Services.

7. Content Posted.

7.1 Furbay may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Furbay violates this Agreement or which may be offensive or illegal, violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Furbay assumes no responsibility for monitoring Furbay Services for inappropriate Content or conduct. If at any time Furbay chooses, in its sole discretion, to monitor the Furbay content, Furbay nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such Content.

7.2 You are solely responsible for the content you post on or through any of the Furbay Services, any material or information you transmit to other Members, and your interactions with other Users.

8. Content/Activity Prohibited. Furbay prohibits the use of our Services to post or transmit Content that is illegal or depicts illegal activity. The following are examples of the kind of Content that is illegal or prohibited to post on or through our Furbay services. Furbay reserves the right to investigate and take appropriate action against anyone who, in Furbay’s sole and absolute discretion, violates this provision, including, without limitation, removing the offending Content from the Furbay Website, terminating the Membership of such violators, and/or reporting violators to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that is in the sole and absolute discretion of Furbay:

8.1 is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

8.2 is derogatory toward or disparaging of Furbay;

8.3 exploits people sexually or violently;

8.4 contains excessive violence or offensive subject matter or contains a link to an adult Website;

8.5 solicits personal information from anyone under 18;

8.6 publicly posts information that poses or creates a privacy or security risk to any person;

8.7 constitutes or promotes information that you know is false or misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

8.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

8.9 involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, instant messaging, or “spamming”;

8.10 contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);

8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

8.13 involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes without prior written consent from Furbay;

8.14 includes a photograph or a video of another person, in a context in which that person had a reasonable expectation of privacy, that you have posted without that person’s consent;

8.15 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person; or

8.16 promotes propaganda and/or symbols of organizations that are unconstitutional or illegal in your country.

9. Protecting Copyrights and Other Intellectual Property. Furbay respects the intellectual property rights of others and requires that our Users do the same. You may not upload, embed, post, e-mail, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. Furbay has the right to terminate the Membership of infringers.

10. Member Disputes. You are solely responsible for your interactions with other Furbay Members. Furbay reserves the right but has no obligation to become involved in any way with disputes between you and other Members.

11. Privacy.

11.1 Use of Furbay services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference, and displayed below.

11.2 Any Content posted by Users on or through the Furbay services will be publically viewable on the Furbay Website as soon as that information is submitted. By posting Content on or through Furbay services, you waive any privacy expectations that you may have concerning the Content posted.

PLEASE NOTE OUR PRIVACY COMMITMENT TO YOU BELOW:

Disclosure of Your Information.

As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party.

Privacy Notice

Information We Collect.
In general, you can browse our site without telling us who you are or revealing any personal information about yourself. If you choose to use our services, we may require you to provide contact and identity information, billing information, and other personal information as indicated on the forms throughout our site. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature.
Under some circumstances, we may require some additional financial information. We use your financial information, including credit card information, to verify your name, address, and other information, as well as to bill you for your use of our services.

Children - Note: If you’re under 18, please ensure that your parent or guardian has read and agreed to these terms before completing the registration process.

Children are not eligible to use our services, and we ask that minors (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with your parents or guardians.

12. Disclaimers. FURBAY IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE USER CONTENT OR THE ACCURACY AND RELIABILITY OF THE USER CONTENT POSTED ON OR THROUGH THE FURBAY SERVICES, WHETHER CAUSED BY USERS OF THE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE FURBAY SERVICES, AND SUCH USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF FURBAY. PROFILES AND THIRD PARTY APPLICATIONS CREATED AND POSTED BY MEMBERS ON THE FURBAY WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES. FURBAY IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED, OR CHECKED FOR ACCURACY OR COMPLETENESS BY FURBAY. THE INCLUSION OF ANY LINKED WEBSITE ON THE FURBAY DOES NOT NECESSARILY IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY FURBAY. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. FURBAY TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH THE FURBAY SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. FURBAY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF FURBAY. FURBAY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY USER OR MEMBER COMMUNICATION. FURBAY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR THE FAILURE OF ANY E-MAIL OR PLAYERS BECAUSE OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE FURBAY SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH FURBAY SERVICES. UNDER NO CIRCUMSTANCES SHALL FURBAY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF FURBAY SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH FURBAY, OR FROM THE CONDUCT OF ANY USERS OF THE FURBAY SERVICES, WHETHER ONLINE OR OFFLINE. FURBAY SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND FURBAY EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURBAY CAN NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE FURBAY SERVICES.

13. Limitation on Liability. IN NO EVENT SHALLFURBAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF FURBAY SERVICES, EVEN IF FURBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FURBAY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FURBAY FOR THE FURBAY SERVICES DURING THE TERM OF MEMBERSHIP.

14. U.S. Export Controls. Software available in connection with the FURBAY Services (the “Software”) is further subject to U.S. export controls. No Software may be downloaded from the FURBAY Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

15. Disputes. The Agreement shall be governed by, and construed per, the laws of the Texas, without regard to its conflict of law provisions. You and FURBAY agree to submit to the exclusive jurisdiction and venue of the appropriate state or federal court located in the State of Texas, to resolve any dispute arising out of the Agreement or the FURBAY Services.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF THE RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

16. Indemnity. You agree to indemnify and hold FURBAY, its affiliates, and their respective officers, agents, employees, successors, and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party because of or arising out of your use of the FURBAY Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties outlined in this Agreement and/or if any Content that you post on or through the FURBAY causes FURBAY to be liable to another.

17. Other. This Agreement is accepted upon your use of the FURBAY Website or any of the FURBAY Services and is further affirmed by your becoming a Member. This Agreement constitutes the entire agreement between you and FURBAY regarding the use of the FURBAY Services. The failure of FURBAY to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. FURBAY is a registered trademark of Fur Heaven’s Sake, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

18. Disputes and Resolutions

All questions, complaints, and/or concerns are requested to be addressed to us at Disputes & Resolutions. As earlier stated, all interactions, sales, and relevant expectations are the responsibilities between Sellers and customers. Furbay is only the eCommerce platform and network that provides access to our members and to the general public. Our liability ends with providing those services to our members.

Within those parameters, we will try to resolve any technical issues, disputes or matters brought before us legally and professionally.

Our main mission and objectives are to benefit animal causes and organizations worldwide! Fur Heaven’s Sake is all about “Helping You Help Them!”

We hope you will enjoy being a part of the solution in saving more animals where ever they may be. Thank you. Fur Heaven’s Sake, Inc.