Terms of service

Terms & Conditions

Welcome to Waddles of Joy®!

These Terms & Conditions ("Terms") govern your access to and use of the Waddles of Joy® website (https://waddlesofjoy.com) and any related services provided by Waddles of Joy® ("we," "us," or "our"). By accessing or using our website, you ("you" or "user") agree to be bound by these Terms. Please read them carefully.

1. Website Use

  • Eligibility: You must be at least 18 years old to use our website. If you are under 18, you may use our website only with the involvement of a parent or guardian.
  • Permitted Use: You may access and use our website for personal, non-commercial purposes. You may not use our website for any illegal or unauthorized purpose.
  • Prohibited Activities: You may not:
    • Violate any applicable laws or regulations.
    • Infringe upon our intellectual property rights or those of any third party.
    • Attempt to gain unauthorized access to our website or any related systems.
    • Interfere with or disrupt the operation of our website.
    • Use any automated means to access or collect data from our website.
    • Engage in any activity that could harm our website or users.

2. Intellectual Property

  • Ownership: All content on our website, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Waddles of Joy LLC or its content suppliers and is protected by United States and international copyright laws.
  • Trademarks: Waddles of Joy® name and logo are registered trademarks of Waddles of Joy LLC. You may not use these trademarks without our express written permission.

3. User-Generated Content

  • License: By submitting any content to our website (e.g., product reviews, comments), you grant Waddles of Joy® a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
  • Responsibility: You are solely responsible for the content you submit to our website. You represent and warrant that you own or otherwise control all rights to the content you submit and that the content is accurate and does not violate these Terms or any applicable laws.

4. Product Descriptions

We strive to provide accurate and up-to-date product descriptions. However, we do not warrant that product descriptions or other content on our website is accurate, complete, reliable, current, or error-free. If a product offered by Waddles of Joy® is not as described, your sole remedy is to return it in unused condition according to our Return Policy.

5. Disclaimer of Warranties

OUR WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WADDLES OF JOY® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification

You agree to indemnify and hold harmless Waddles of Joy® and its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of our website or your breach of these Terms.

8. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or your use of our website will be subject to binding arbitration in Los Angeles County, California, in accordance with the rules of the American Arbitration Association.

9. Accessibility

Waddles of Joy® is committed to providing a website that is accessible to the widest possible audience, including individuals with disabilities. We are actively working to increase the accessibility and usability of our website and strive to comply with the Web Content Accessibility Guidelines (WCAG).

10. Data Privacy

We respect your privacy and are committed to protecting your personal information. Please review our Privacy Policy for detailed information about how we collect, use, and disclose your information.

11. Third-Party Links and Services

Our website may contain links to third-party websites or services. We are not responsible for the content or practices of these third-party websites or services. Your use of any third-party website or service is at your own risk.

12. Entire Agreement

These Terms constitute the entire agreement between you and Waddles of Joy® relating to your use of our website and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck from these Terms and the remaining provisions will remain in full force and effect.

14. Changes to These Terms

We may update these Terms from time to time. Any changes will be posted on our website with the date of the latest revision. Your continued use of our website following the posting of any changes constitutes your acceptance of those changes.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Waddles of Joy®
penguins@waddlesofjoy.com