1. Acceptance of Terms
Cuddleup.com welcomes you to its online service (the "Service"). By using its Service you are agreeing to the following Terms and Conditions of Service ("TOS") whether or not you are a registered customer of Cuddleup.com.
You understand the service provided by cuddleup.com contains user generated material. Cuddleup.com provides a forum for informational and entertainment purposes.
You agree that you are above the age of minority in the jurisdiction in which you reside and where this content is accessed, as such you are legally capable of entering into this agreement and are legally allowed to access such material.
You agree to comply with all applicable laws of the jurisdiction in which you reside. In the interest of providing a safe and enjoyable service you agree to report activity you know to be illegal or would violate these terms of service.
You understand that these terms of services may be updated from time to time without notice to you. When using any Cuddleup.com Services, you shall be subject to any posted policies, guidelines or rules applicable to such Services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS.
IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS.
2. Description of Service
The services provided by Cuddleup.com include, but are not limited to social networking and private messaging (collectively referred to hereafter as "the Service"). Any new features, Services and enhancements to Cuddleup.com.com are subject to the TOS.
All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, Cuddleup.com can delete content or discontinue their ability to use the site.
You are totally responsible for any activity that takes place under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify Cuddleup.com immediately by contacting us at firstname.lastname@example.org. It is up to you to maintain the confidentiality of your password and username.
You understand that you may receive business-related communications from Cuddleup.com such as Service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus you agree to receive them and you will not be able to opt out of receiving such communications.
As a user of the Service you also understand and agree that the Service will also include advertisements. You agree that such advertisements are not "unsolicited commercial email advertisements" and thus you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, members found on or through the Service, including payment and delivery of goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the members. You agree that Cuddleup.com shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such members on the Service.
You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.
Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new Cuddleup.com properties, shall be subject to the then current TOS.
You must be at least 18 years of age, or have reached the age of majority in the jurisdiction in which you reside, to access and use the Service. If you are under the age of majority please do not use this Service for any purpose.
3. Rules of Behavior
- You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, screen names you post to the site. You agree to use the Service to post and receive communications and Content that are legal.
- You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
- You must not upload, post or link to any material that is defamatory, infringing, libelous, racially or ethnically, hateful, objectionable, or unlawful or promotes or provides instructional information about illegal activities.
- We ask that you respect the privacy of other users.
- You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permissions from the Third Party, which permissions you agree to disclose to us on our request. You must not download any material that you know or reasonably should know cannot be distributed legally.
- You agree to not impersonate another person or entity.
- You must not use the Cuddleup.com Service for any illegal or unauthorized purpose. This includes but is not limited to spamming.
- You must abide by all applicable Federal, State and local laws with respect to your online conduct and acceptable use of Content as well as the export of data to your country or residence.
- You cannot modify or delete any Content and communications of the Cuddleup.com site and/or of other individuals other than your own.
- You must not transmit any viruses, worms, defects, or any items and/or code of a destructive nature.
- You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
- You must not interfere or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
- You cannot use the Cuddleup.com.com name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment.
WHILE CUDDLEUP.COM EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT CUDDLEUP.COM SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, CUDDLEUP.COM CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.
As a registered user, you will be able to upload and post a great variety of Content, including but not limited to text, audio, photographs, graphics and other materials ("Content"). This means that you have sole responsibility, not Cuddleup.com, for all Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the Rules of Behavior relating to such Content. You write it--you're responsible.
Notwithstanding the foregoing, Cuddleup.com.com shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with the use of any Content. In this regard, you may not rely on any Content created by other Cuddleup.com members or otherwise created, distributed and displayed on any part of the Service. Cuddleup.com does not control or monitor the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
The Content created by you shall be owned by you, or you will have been granted prior permission to use it. Cuddleup.com does not own any of the Content you post. By placing Content on the Service you are providing Cuddleup.com with a worldwide, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your profile, to publicly display, modify, reproduce and distribute your Content on the site and off the site, for editorial and promotional purposes of the site. We may choose to use this material in marketing campaigns on various social media platforms or other advertising platforms. Cuddleup.com reserves the right to syndicate or promote this Content in connection with the promotion of the Service and other Services offered by Cuddleup.com.
Cuddleup.com shall have no responsibility for enforcing any rights you claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless and indemnify Cuddleup.com with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Cuddleup.com will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same.
You acknowledge that Cuddleup.com may or may not pre-screen Content but that Cuddleup.com and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, delete, any Content that violates the TOS or is otherwise objectionable.
Cuddleup.com may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, to protect the rights, property or personal safety of Cuddleup.com.com, its users and the public.
Cuddleup.com provides services that enable authorized users to communicate or otherwise share information or content with other users or persons regarding the provision of goods or services. Insofar as Cuddleup.com provides such service, and you elect to use of the service, you AGREE to NOT post, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, fraudulent or illegal material (i.e. pictures, video, written words, audio recordings, illustrations, logos) which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person.
You acknowledge that posting or otherwise communicating such content that violates the law of any country, or political subdivision thereof, is strictly prohibited by Cuddleup.com. Disseminating content in violation of any laws, regulations or these terms of service shall constitute a material breach of this Agreement entitling Cuddleup.com, without notice and without any liability for damages or reimbursement to you, to immediately terminate your rights to access this service.
The Service may provide, or third parties including Cuddleup.com members, may provide links to other World Wide Websites or resources. Cuddleup.com has no control over these sites and Content and therefore you acknowledge that Cuddleup.com.com is not responsible for the availability of such links, resources and Content, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Cuddleup.com.com is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of Content, goods or Services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
YOU AGREE THAT IF Cuddleup.com REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST TO DISABLE, Cuddleup.com HAS THE RIGHT TO DISABLE THE LINK WITHOUT NOTICE TO YOU.
You agree to indemnify and hold Cuddleup.com, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney's fees and costs, made by arising out of your use of the Service in violation of the TOS and/or your violation of any rights of another.
7. Financial Policies
You agree not to, without the express prior written consent of Cuddleup.com:(a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content you do not own, (b) use the Service or Content you do not own, or (c) access to the Service or Content you do not own.
Cuddleup.com retains the right to adjust, modify or supplement rates charged for Services such changes may be posted in these terms of service, without prior notice.
Cuddleup.com shall not issue cash refunds and any billing errors reported will be directed to our billing service provider for resolution. Cuddleup.com may, at their sole discretion, grant credits in the form of membership credits to resolve customer service issues.
Refund requests will be handled on a case-by-case basis. If you are not satisfied with the service or wish to request a refund, please contact the support team and explain the issue in full detail.
8. Modification and Termination of the Service
Cuddleup.com.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cuddleup.com will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
In order to use certain aspects of the Service you are required to register. We refer to registered users as members. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:
- In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under applicable laws of the jurisdiction in which you reside.
- You also agree to provide true, accurate, current and complete information as required on the Service's Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, Cuddleup.com.com has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
- You agree that Cuddleup.com may, under certain circumstances and without prior notice immediately terminate your Cuddleup.com account, any associated username and/or access to the Service. Cause for such termination shall include, but not be limited to: i) breaches or violations of the TOS or other policies, guidelines or rules, ii) extended periods of inactivity, iii) your engagement in fraudulent or illegal activity, iv) unexpected technical or security issues, and v) requests by law enforcement or other government agencies. You also agree that any termination is in Cuddleup.com's sole discretion and that Cuddleup.com will not be liable to you or any third party for any termination of your account, password, username, deletion of Content or access to the Service.
- You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death.
- You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Cuddleup.com immediately. It is up to you to maintain the confidentiality of your password and account. Cuddleup.com is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
11. Practices regarding Use and Storage
You acknowledge that Cuddleup.com may establish general practices and limits regarding use of the Service including without limitation the maximum number of email messages which may be sent or received from an account of the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Cuddleup.com’s servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that Cuddleup.com has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other Content maintained or transmitted by the Service. You acknowledge and agree that Cuddleup.com reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Cuddleup.com has the right to modify these practices and limits form time to time.
12. Cuddleup.com Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Cuddleup.com and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in profiles or information presented to you through the Service or profiles is protected by copyright, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by Cuddleup.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge Cuddleup.com's exclusive rights in the Cuddleup.com trademark and service mark
13. Disclaimer of Warranties
The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Cuddleup.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Cuddleup.com.com MAKES NO WARRANTY THAT I) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from Cuddleup.com.com or through or from the Service shall create a warranty not expressly stated in the TOS.
14. Limitation of Liability
You expressly understand and agree that Cuddleup.com will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Cuddleup.com has been advised of the possibility of such damages), resulting from the use or the inability to use the Service, unauthorized access to or alteration or alteration of your transmissions or data, statements or conduct of any third party including members on the Service, the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into though or form the Service or any other matter relating to the Service, and in no event will Cuddleup.com be liable for any amount of money over One Hundred Dollars ($100.00), which you acknowledge to be a fair and reasonable sum.
If there is any dispute about or involving the website and/or the Service, you agree that any dispute shall be governed by the laws of Panama without regard to conflict of law provisions and you agree to personal and exclusive jurisdiction by and venue in the courts of the Panama.
16. Copyright and Trademark Policy
Trademarks, service marks, logos, and copyrighted works (hereinafter, "intellectual property") appearing in this site are the property of CUDDLEUP.COM or the party that provided the intellectual property to CUDDLEUP.COM.
CUDDLEUP.COM and any party that provides intellectual property to CUDDLEUP.COM retain all rights with respect to any of their respective intellectual property appearing in this site. All contents of CUDDLEUP.COM's websites are: Copyright © 2014 Cuddleup.com Inc. All rights reserved.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CUDDLEUP.COM's copyright agent the written information specified below.
Please note that this procedure is exclusively for notifying CUDDLEUP.COM and its affiliates that your copyrighted material has been infringed. Please include the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the current website address;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
CUDDLEUP.COM's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attn: Copyright Agent
17. General Information
The failure of Cuddleup.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOS to email@example.com