Cuddleparty.com User Agreement
(Our lawyer, who’s very cuddly, except when angry, made us do this. You should read it.)
(Last Updated: Oct 22, 2007)
TERMS AND CONDITIONS
Copyright to all featured articles and all other content on the site is either owned by Atlas Spooned, or its affiliates or subsidiaries, or are licensed to them. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages and other penalties. The use of any such material on any other web site or networked computer environment is prohibited.
All trademarks, trade names or service marks mentioned on this site are either owned by Atlas Spooned, or its affiliates, or licensed or otherwise are authorized for our use. You are solely responsible for assuring that your use of or reference to any trademarks, trade names or service marks in community areas of our site comply with applicable legal requirements.
INTELLECTUAL PROPERTY INQUIRIES
If you have questions as to usage, licensing and/or intellectual property rights, and/or if you believe that this Site contains links or other references to another online location that contains material or activity that infringes your copyright and/or trademark rights, you may notify Atlas Spooned by contacting our copyright/trademark agent set forth below.
Anthony A. LoPresti, Esq.
Meltzer LoPresti, LLP
30 Broad Street 37th Fl
New York, NY 10004
phone: (212) 425-0551
VENDOR WARRANTIES, GUARANTEES
AND RETURN POLICIES
Vendors and advertisers are solely responsible for warranties and guarantees on goods or services sold, and on return policies. Users should check individual policies before purchasing anything online.
Atlas Spooned is not acting for or on behalf of either you, our vendors, or our advertisers. You and our vendors and advertisers are independent contractors. No agency, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by this User Agreement between Atlas Spooned, and its affiliates or subsidiaries, and either you or any vendor or advertiser at this site.
LIMITATION OF WARRANTY
ATLAS SPOONED PROVIDES THIS WEB SITE AND THE INFORMATION AND SERVICES ON OR THROUGH IT “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. ATLAS SPOONED SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states may not allow the exclusion of implied warranties, so check local laws. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
Atlas Spooned does not warrant that the services at the site or functions contained in the materials at the site will be uninterrupted or error-free, that defects will be corrected, that this site or the server that makes it available are free of viruses or other harmful components, that all products listed or advertised are available, or that all transactions will be completed. Neither Atlas Spooned, nor any of their officers, directors, employees, representatives, agents, affiliates or subsidiaries warrant or make any representations that the materials or information contained at this site are correct, accurate, complete, and/or reliable.
IN NO EVENT SHALL ATLAS SPOONED OR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE MATERIAL AND INFORMATION USED IN THIS SITE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITE, INFORMATION POSTED ON OUR SITE, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Some states do not allow the limitation of liability, so check local laws.
INDEMNITY AND HOLD HARMLESS
User also agrees to indemnify and hold Atlas Spooned and its respective officers, directors, employees, representatives, agents, affiliates and subsidiaries harmless from any loss, claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of this Agreement or the documents that it incorporates by reference, or your violation of any law or the rights of any third party in connection with your use of this site.
TERMINATION OF SERVICES
Without limiting any other remedy, Atlas Spooned reserves the right to immediately issue a warning to temporarily or permanently suspend or terminate your participation in the site, and to refuse to provide our services to you, if you breach this User Agreement or any of the rules or documents it incorporates by reference, if we are unable to verify or authenticate any billing information you provide to us, or if we believe that your actions may cause legal liability for you, our vendors or advertisers, our other visitors, or us.
Any controversy or claim arising out of or relating to this User Agreement or to the services provided by Atlas Spooned shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration should be conducted in New York, New York, and judgment on the arbitration or word may be entered into any court having jurisdiction thereof.
JURISDICTION AND VENUE
Any dispute arising from your use of the site will be governed by New York law and resolved in the courts of New York.
GENERAL TERMS AND CONDITIONS
If any provision of this User Agreement is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of this agreement. Headings are for convenience only, and are not intended to in anyway to confine, limit, construe or describe the scope or extent of such section.
No waiver by Atlas Spooned of any breach of this User Agreement by you shall constitute a waiver of this User Agreement or alter or limit our right to act with respect to subsequent or similar breaches.
This User Agreement and the materials incorporated by reference hereto form the entire understanding and agreement between you and Atlas Spooned with respect to use of this site and the services offered hereunder, and may be modified only in accordance with the procedures specified herein.