Terms of Use

Welcome to ColdBlooded! These terms of service ("Terms") govern your use of our social media platform. By accessing or using ColdBlooded, you agree to be bound by these Terms.

Age Requirement
All users must be 16 (sixteen) years of age or older to use ColdBlooded. By accessing the platform, users affirm that they meet this age requirement.

Respectful Interaction
Engage in discussions with respect and civility. Avoid personal attacks and name-calling. Criticize ideas, not individuals. Provide reasoned counterarguments to improve the conversation. Disrespectful or antagonizing behavior will be addressed by moderators. Violations will be dealt with progressively, including warnings, temporary silencing, and account suspension. Threats and harassment, whether public or via private messages, will result in immediate account termination.

Users are permitted to post personal updates on ColdBlooded. However, it is encouraged that the majority of content shared relates to animals or nature. While occasional off-topic posts may be acceptable, the primary focus should remain on topics relevant to the community's interests, such as reptiles, amphibians, invertebrates, aquatics, general wildlife, conservation efforts, and other animal-related topics.

 

User Conduct

Content posted on ColdBlooded should adhere to a standard similar to that of mature-rated media. This means that while mature themes and language may be present, excessively graphic or explicit content is not permitted. Users are expected to exercise discretion and respect the diverse age range of the community when sharing content.

 

Swearing and Vulgarity
While the occasional use of profanity may be tolerated within the community, it should not be directed at specific individuals in a derogatory or harassing manner. Use discretion and consider the context when using swear words in posts or comments. Directing profanity at someone with the intent to demean or intimidate may be considered bullying and is not acceptable.

 

Self-Promotion 

Limit self-promotional material to designated areas, such as your own Store Page or Group. Avoid advertising products or services publicly without ColdBlooded admin approval.



Sharing Resources and Links
Announcements about resources useful to our community, such as sites or apps with a significant free component, are permitted on ColdBlooded. However, links to resources that directly compete with MorphMarket, ColdBlooded, and/or Dubia.com are not allowed.ColdBlooded values the exchange of information and resources among its community members, but it is important to respect the platform's partnerships and avoid promoting competing services.

Prohibited Content
Refrain from posting, or contributing towards, certain types of content, including:

  • Content containing nudity, explicit sexual imagery, or graphic violence/gore is strictly prohibited on ColdBlooded. This includes but is not limited to images, videos, or descriptions of explicit sexual acts, bodily harm, mutilation, or excessive violence.
  • Language indicating buying, selling, or trading without approval. All animal sales must be through MorphMarket Listings, and non-MorphMarket advertisements are prohibited.

  • Ratings or reviews about buyers, sellers, or businesses.

  • Graphic, religious, or political content

  • Feeding pictures or videos, such as animals eating animals.

  • Engaging in or promoting any illegal activities on ColdBlooded. This includes but is not limited to the sale or distribution of illegal substances, the promotion of animal cruelty or exploitation, and any actions that violate local, national, or international laws.

  • Hate speech includes any language, imagery, or behavior that promotes discrimination, hostility, or violence against individuals or groups based on factors such as race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic. ColdBlooded has a zero-tolerance policy for hate speech of any kind. 

  • Gambling activities, including but not limited to betting, wagering, or any form of online gambling. This includes posts, discussions, or links related to gambling activities.

  • Users are expected to engage in respectful and inclusive communication, refraining from the use of language or actions that demean, marginalize, or threaten others based on their identity or beliefs.

  • Posting anything digital that belongs to someone else without permission. This includes but is not limited to, software, video, audio, images, and any other form of intellectual property. This includes descriptions of, links to, or methods for stealing someone’s intellectual property.

  • You agree to use ColdBlooded only for lawful purposes and in a manner consistent with all applicable laws and regulations.
  • You agree not to use the platform in any way that may damage, disable, overburden, or impair our servers or networks.
  • You agree not to upload, post, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy or rights.
  • You agree not to engage in any activity that interferes with or disrupts ColdBlooded's services or servers.
  • You agree to abide by the Terms of Service and Rules of MorphMarket.com if engaging in buying or selling activities on ColdBlooded.

 

Civil and Clean Content
Whether a keeper or seller, remember you are representing not only your practices but those of the whole community. Keep all content respectful, clean, and suitable for a wide audience.

Users are encouraged to report any posts or comments that violate ColdBlooded's guidelines or terms of service to the admin team. Reporting inappropriate content helps maintain a safe and respectful environment for all users.

All animal sales conducted on ColdBlooded are to be facilitated through MorphMarket. All buyers on ColdBlooded are required to refer to the Store Policy of the individual Seller on MorphMarket before making any purchase. Additionally, buyers should familiarize themselves with the MorphMarket Default Store Policy.

 

Intellectual Property

  1. Unless otherwise stated, ColdBlooded and/or its licensors own the intellectual property rights published on this website and materials used on ColdBlooded. Subject to the license below, all these intellectual property rights are reserved.
  2. You may view, download for caching purposes only, and print pages, files, or other content from the website for your own use, subject to the restrictions below and elsewhere in these Terms.
  3. You must not republish, sell, rent, sublicense, show, reproduce, duplicate, copy, edit, modify, redistribute, or otherwise exploit material on this website for commercial purposes without our prior written permission.
  4. Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable Use

  1. You must not use ColdBlooded in any way that causes damage to the platform or impairs the availability or accessibility of ColdBlooded or in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  2. You must not use ColdBlooded to copy, store, host, transmit, send, use, publish, or distribute any material that contains spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious computer software.
  3. You must not conduct any systematic or automated data collection activities on or in relation to ColdBlooded without our express written consent. This includes scraping, data mining, data extraction, data harvesting, 'framing' (iframes), or article spinning.
  4. You must not use ColdBlooded or any part of it to transmit or send unsolicited communications.

Restricted Access

Access to certain areas of this website is restricted. ColdBlooded.com reserves the right to restrict access to certain areas of this website or, at our discretion, this entire website. ColdBlooded.com may change or modify this policy without notice.

If ColdBlooded.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

ColdBlooded.com may disable your user ID and password at ColdBlooded.com's sole discretion without notice or explanation. Causes for such termination include but are not limited to:

  • Harassment or abusive conduct toward other individuals
  • Promoting listings, services, or any other content other than items that are listed in our marketplace
  • Breaking agreements with other parties on our site
  • Scamming or any kind of dishonesty or misrepresentation
  • Any behavior that negatively impacts the health of our marketplace

User Data Deletion

  1. User data removal request: Users have the right to request the deletion of their personal data stored on our platform. To initiate the data removal process, users must submit a written request through the designated channels, such as contacting our customer support or using the account settings provided on our platform.
  2. Verification of the request: Upon receiving a user's data removal request, we will take reasonable steps to verify the authenticity of the requestor's identity to prevent unauthorized access or deletion of data.
  3. Retention of data: We retain user data for as long as it is necessary to provide our services, comply with legal obligations, resolve disputes, enforce our agreements, and protect our legitimate interests. However, once a valid data removal request is received and verified, we will promptly and securely delete the user's personal data, subject to the following exceptions:
  4. Backup copies: Removing the data from backup systems may take additional time. While the data will be removed from active systems immediately, it may still reside in our backup copies for a limited period until those backups are overwritten or deleted in the ordinary course of our backup procedures.
  5. Legal obligations: We may be required to retain certain user data to comply with applicable laws, regulations, or legal obligations imposed upon us. In such cases, we will restrict the use of retained data to the purpose of fulfilling those legal obligations and ensure that the data is securely stored.
  6. Aggregated and anonymized data: The removal of personal data will not apply to aggregated or anonymized data that does not identify any specific individual. Such data may continue to be used for statistical, research, analytical, or other legitimate purposes.

Termination of user account: The deletion of user data may also occur upon the termination or closure of a user's account. In such cases, the data removal process will be initiated automatically, subject to the aforementioned exceptions.

Data security: We take appropriate technical and organizational measures to safeguard user data from unauthorized access, loss, alteration, or destruction. However, users acknowledge and understand that no data transmission over the Internet or storage system can guarantee absolute security, and we cannot be held responsible for any unauthorized access or loss of personal data.

Account Data Download

Users also have the ability to download their account data from ColdBlooded.com. To access and download account data, users can visit our platform's designated section in their account settings. From there, users can initiate the process of downloading their data, including personal information, posts, comments, and other relevant content associated with their accounts. Please note that the availability and extent of data for download may be subject to technical limitations and the specific features of our platform.

We encourage users to review and download their account data regularly to ensure they have a personal copy of their information. This provides users with greater control and transparency over their data within ColdBlooded.com.

If users have any questions or concerns regarding user data deletion or account data download, please contact us at [email protected]. We are here to assist and address any inquiries you may have.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. ColdBlooded.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, ColdBlooded.com does not warrant that:

this website will constantly be available, or available at all; or

the information on this website is complete, true, accurate, or non-misleading; not limited to but including content generated by users of the site, such as information on buyer or seller profile pages, ads, or ratings

Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional. You are responsible for being aware of and complying with all international, federal, state, and local laws (including, but not limited to, the Lacey Act). This includes but is not limited to, laws related to the buying, selling, transporting, and keeping of animals.

Limitations of Liability

ColdBlooded.com will not be liable to you (whether under the law of contact, the law of torts, or otherwise) 

in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special, or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data; or any damage for loss of data or other intangible losses resulting from unauthorized access to or alteration of your transmissions of data.

These limitations of liability apply even if ColdBlooded.com has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit the liability of ColdBlooded in respect of any:

  • death or personal injury caused by the negligence of ColdBlooded.com or its agents, employees, or shareholders/owners;

  • fraud or fraudulent misrepresentation on the part of ColdBlooded.com; or

  • matter which it would be illegal or unlawful for ColdBlooded.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability in this disclaimer are reasonable.

You must not use this website if you do not think they are reasonable.

Other parties

You accept that, as a limited liability entity, ColdBlooded.com is interested in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ColdBlooded.com's officers or employees regarding any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ColdBlooded.com's officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as ColdBlooded.com.

Unenforceable provisions

If any provision of this website disclaimer is or is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify ColdBlooded.com and undertake to keep ColdBlooded.com indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by ColdBlooded.com to a third party in settlement of a claim or dispute on the advice of ColdBlooded.com's legal advisers) incurred or suffered by ColdBlooded.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

You hereby agree to indemnify, defend and hold harmless ColdBlooded and its members, officers, directors, employees, and agents against any and all damages, claims, liabilities, demands, causes of actions, judgments, settlements, losses, costs or expenses (including attorneys’ fees) arising out of any personal injury, illness, death, property damage which occurs as a direct or indirect result of any of your transactions or animals involved in the same on ColdBlooded.com.

Breaches of these terms and conditions

Without prejudice to ColdBlooded.com's other rights under these terms and conditions, if you breach these terms and conditions in any way, ColdBlooded.com may take such action as ColdBlooded.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

ColdBlooded.com may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you know the current version.

Assignment

ColdBlooded.com may transfer, sub-contract, or otherwise deal with ColdBlooded.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Governing Law and Dispute Resolution

a. These terms of service are governed by and interpreted in accordance with the laws of [insert governing law and jurisdiction].

b. Any dispute arising out of or relating to these terms of service shall be resolved through binding arbitration in accordance with the rules of [insert arbitration organization].

c. The arbitration proceedings will be conducted in [insert location], and the language of the arbitration shall be [insert language].

d. Any judgment or award rendered by the arbitrator may be entered in any court having jurisdiction over the matter.

Changes to these Terms

a. We may modify these terms of service at any time without prior notice. Any changes to the terms will become effective immediately upon their posting on ColdBlooded.

b. You are responsible for reviewing these terms periodically to stay informed of any updates or modifications. By continuing to use ColdBlooded after any changes to the terms, you acknowledge and agree to be bound by the revised terms.

Entire agreement

These terms and conditions, together with ColdBlooded.com's Privacy Policy, constitute the entire agreement between you and ColdBlooded.com concerning your use of this website and supersede all previous agreements regarding your use of this website.