These Terms apply to the contests.cupcarrier.net web site and its features, and any applications, widgets, mobile applications, interactive features, downloads or online services that post a link to these Terms (however accessed or used, whether via a personal computer, mobile device or otherwise) (collectively, the "Cupcarrier Services"). Cupcarrier Connect (“Cupcarrier” or “we”, “us” or “our”) owns or operates the Cupcarrier Services. You agree to these Terms by accessing or using the Cupcarrier Services.
When using particular features of the Cupcarrier Services, both these Terms and a separate guidelines document or agreement may apply to your use of or participation in that feature ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
ARBITRATION NOTICE: Except for certain types of disputes described in the Governing Law/Disputes section below or where prohibited by law, you agree that all disputes between you and Cupcarrier with regard to these Terms and your use of the Cupcarrier Services will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.
TABLE OF CONTENTS
The Cupcarrier Services includes all materials that are included in or are otherwise a part of the Cupcarrier Services (including past, present and future versions of the website), including, without limitation: graphics; layout; text; instructions; images; trade identities, logos, service marks; audio; videos; designs; ringtones; wallpapers; games; sweepstakes; contests; voting; technology; applications; artwork; information; data; designs; compilation; advertising copy; domain names; any and all copyrightable material (including source and object code); the "look and feel" of the Cupcarrier Services; the compilation, assembly and arrangement of the materials of the Cupcarrier Services; and all other materials related to the Cupcarrier Services (collectively, "Materials").
The Materials are owned by or licensed to Cupcarrier and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Except as expressly set forth in these Terms or expressly granted to you in writing by Cupcarrier, no rights in the Materials (either by implication, estoppel or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Cupcarrier Services. You may only use the Materials as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
Subject to your strict compliance with these Terms and any Additional Terms, Cupcarrier grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device). When you access or view the Materials, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Cupcarrier Services or reverse engineer, modify or attempt to discover any source code associated with the Cupcarrier Services. You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Materials in any way, without the prior written permission of a duly authorized Cupcarrier employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Cupcarrier Services. Any and all rights to use the Cupcarrier Services that are not expressly granted to you under these Terms are reserved for Cupcarrier or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Cupcarrier's rights to exploit fully any or all of the Materials. Unauthorized use of Materials may be a violation of federal and state/provincial laws and could result in civil and criminal liability.
The Cupcarrier Services may provide you the opportunity to participate and post content publicly in forums and/or web chat, through interactive features and through other communication functionality ("Community Forums"). You may choose, through such features or otherwise, to submit or post photographs, videos, questions, comments, suggestions or other content, (collectively, “User Content”).
A. Responsibility for User Content. You understand that you are solely responsible for your User Content, however submitted. Cupcarrier does not control the User Content made available via the Cupcarrier Services and therefore does not guarantee the accuracy, integrity or quality of User Content.
If you include personally identifiable information in your User Content, you may receive unsolicited communications from third parties. Further, Cupcarrier cannot ensure the security of any information you post on publicly available areas of the Cupcarrier Services. You understand that by using the Cupcarrier Services, you may be exposed to content or other User Content that are offensive or objectionable.
We have no obligation to monitor the Cupcarrier Services or any User Content made available via the Cupcarrier Services. However, you acknowledge and agree that Cupcarrier has the right to monitor the Cupcarrier Services and User Content you make and the right (but not the obligation) to delete, edit, move, or disable any such User Content in whole or in part subject to Cupcarrier's sole discretion. Cupcarrier reserves the right to suspend or terminate your access to the Cupcarrier Services at any time. Under no circumstances will we be liable in any way for any of your User Content including, but not limited to, any errors or omissions in your User Content, any loss of your User Content or for any loss or damage of any kind incurred as a result of your User Content.
B. License to Cupcarrier. Your User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. You remain the owner of your User Content, but you acknowledge that Cupcarrier must have a license from you in order to accept your User Content. Accordingly, when you upload User Content via the Cupcarrier Services, you automatically and irrevocably grant to Cupcarrier an unrestricted, unconditional, unlimited, worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use your User Content, including without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your User Content. You further agree that Cupcarrier and its subsidiaries and affiliated companies and their respective officers, directors, employees, agents, suppliers and other representatives (collectively, "Cupcarrier Parties") will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, post, translate, reproduce, distribute (through multiple tiers), publish, transmit, broadcast, display, disclose, modify, adapt, create derivative works based upon, perform (whether publicly, digitally or otherwise), develop, manufacture, distribute and use for advertising, marketing, publicity and promotional purposes, any of your User Content or portions of your User Content, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products. You acknowledge that Cupcarrier Parties may be working on or developing material similar or the same in nature to your submissions and that Cupcarrier may have received similar or the same intellectual property rights from another party. Cupcarrier Parties owe you no obligation to your submissions unless you and a Cupcarrier Party enter a written agreement to that effect. If your submissions are subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you. Any discussion or negotiations between you and a Cupcarrier Party regarding your submissions does not constitute that Cupcarrier Party's recognition of the novelty or originality of your User Content. You hereby waive any moral rights you may have in and to any of your User Content in favor of the Cupcarrier Parties, even if the User Content or a derivative work is altered or changed in a manner not agreeable to you.
You agree and understand that Cupcarrier is not obligated to post or use your User Content submitted through the Cupcarrier Services or otherwise, and may alternatively choose to discard or remove your User Content without any liability whatsoever. You further authorize Cupcarrier to publish your User Content in a searchable format that may be accessed by users of the Cupcarrier Services and the Internet in general. You agree that Cupcarrier has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its rights to your User Content.
C. Unsolicited Ideas. Please do not send unsolicited User Content or other content to the Cupcarrier Services or Cupcarrier. Cupcarrier does not accept unsolicited User Content. We wish to avoid any misunderstandings when projects developed by or on behalf of Cupcarrier may seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited User Content to Cupcarrier through this Cupcarrier Services, including Community Forums, by e-mail, or otherwise. However, if you decide to provide us any such unsolicited User Content or other content, you agree to grant to Cupcarrier the right and license to your User Content as set forth in the Section "License to Cupcarrier" above.
When you contribute, upload or otherwise provide your User Content to the Cupcarrier Services, you agree to comply with the following requirements:
A. User Content must be your own. All User Content must be created by you (or in the public domain) and you must have all rights in the User Content; or, all persons who contributed in any way or have any rights to your User Content, or otherwise appear in the User Content, have given you permission to upload and distribute the User Content on the Cupcarrier Services and elsewhere. Upon Cupcarrier's request, you will furnish Cupcarrier any documentation, substantiation or releases necessary to verify your compliance with these Terms.
B. No third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people without their permission – this means you absolutely may not include any content owned or created by someone else, including no uploading or copying of content you found elsewhere on the Internet without proper permission.
C. Only you, your friends and family may appear in images or videos. If you upload photos or videos through the Cupcarrier Services, make sure they are of you or of you and someone you know – but only with their express permission (and in the case of a minor, the permission of their parent/legal guardian) to post it.
D. Original or public domain music only. Your User Content may not contain any music unless you wrote it and perform it (or you have all rights to the musical work, including any performances or the music is in the public domain).
E. Keep User Content relevant. Your User Content should relate to the content on the Cupcarrier Services and should be intended to add to the discussion on the Cupcarrier Services – it should not include irrelevant topics or postings.
F. Follow codes of social decency. Be respectful. Do not make personal attacks. Express yourself with non-offensive individual self-expression so we can continue to build a community for everyone to enjoy. Cursing, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference, religion, or disability or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. If you think your User Content might offend someone, chances are it will – so it doesn’t belong on the Cupcarrier Services.
G. No User Content that is violent, illegal or promote inappropriate activity. Your User Content must not violate any law. Your submissions may not promote any illegal activity and your User Content may not promote violence nor describe how to perform a violent act. If you do upload or post User Content that is illegal, violent in nature, or otherwise inappropriate, we reserve the right to take any action that we deem appropriate, in our sole discretion, including reporting you to law enforcement.
H. Represent yourself truthfully. Do not impersonate any other person, user, Cupcarrier or other company. Do not upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresent your identity or affiliation with a person or Cupcarrier or any other company.
I. Keep private information private. Remember that Community Forums are public and User Content will be accessible and viewable by other users. Do not post personal information (for example, never reveal your passwords, phone number, address, e-mail address or similar information). If there is something you do not want the world to see, do not post it in Community Forums. And, what is true for you is true for others. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is personal in nature.
J. Use caution when interacting with others. You are solely responsible for your interaction with other users of the Cupcarrier Services, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Please exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
K. No User Content for commercial purposes. Your User Content may not advertise or promote a product or service. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
L. Do not damage the Cupcarrier Services or anyone's computers. User Content may not contain viruses, Trojan horses, spyware, or any other malicious technologies that could impact the operation of the Cupcarrier Services or any computer system.
Cupcarrier may grant you -- but only through express written permission -- the limited, revocable permission to engage in certain expressly described personal uses of Materials that include the ability to share certain Materials with others (“Viral Distribution”). Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials or other Cupcarrier materials on a personal website; or (c) posting and displaying a copy of the Materials or other Cupcarrier materials on a third party website or platform that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party website does not charge for access to those materials or associate those materials with products, services or advertising. You agree that you will not post any claims about a Cupcarrier product or service when engaging in Viral Distribution. But it would be acceptable to state “I Love Cupcarrier” with your Viral Distribution. In other words, you understand that only Cupcarrier can make claims, promises or statements on behalf of Cupcarrier about its products or services. You also agree that you will not imply that you and Cupcarrier are affiliated in any way or that Cupcarrier approves of your comments. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to immediately cease Viral Distribution upon notice of revocation and to comply with any terms we post in connection the Viral Distribution of Materials.
If expressly permitted and made available through the Cupcarrier Services, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
The Cupcarrier Services may provide certain materials that you may choose to include in your personal web page, social networking profile page or similar personal digital page ("Personal Page") by pasting into your Personal Page the HTML or other code provided by Cupcarrier and labeled as an "Embed Code" (or similar identifying label) ("Widget"). For any Widgets that Cupcarrier makes available through the Cupcarrier Services, Cupcarrier grants you a license, subject to the restrictions in these Terms, to include the Embed Code as provided by Cupcarrier (without editing) for inclusion on your Personal Page only. You agree that you will not embed or otherwise make available a Widget on a web page or website containing content that is distasteful, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in Cupcarrier's sole opinion). As described below in the Disclaimers section, Cupcarrier makes no specific warranties about Widgets and Cupcarrier may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. In addition, Cupcarrier may disable Widgets that you include on your Personal Page(s) if you violate these Terms (as determined by Cupcarrier in its sole discretion) or for any or no reason, without any liability to you. You agree that Cupcarrier's license grant to you to use Widgets on your Personal Page does not provide you with any intellectual property rights, including copyrights, in the materials made available via any Widget. You agree to not sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber or otherwise exploit the Materials made available in a Widget, in whole or in part, without the express consent of Cupcarrier. You agree to include, and not remove or alter, Cupcarrier's trademark, copyright or other proprietary rights notices, as provided by Cupcarrier on the Widget. You also agree to not use (or attempt to use) the Widget to display content other than the Materials provided or intended by Cupcarrier to be displayed via a particular Widget. Except as expressly stated otherwise, the Widget and any and all Materials provided through the Widget are subject to these Terms in their entirety.
If you download any software or files from the Cupcarrier Services that are made available by Cupcarrier, including, without limitation, any audio files, video files, data files, images incorporated in or generated by the software or files, data accompanying the download and any files transmitted to you as part of a Cupcarrier newsletter or similar services (collectively, the "Downloads"), you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license in such Downloads by us or the owner of the Downloads. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but we or the owner of such Downloads retain all right, title, and interest in and to the Downloads, and all intellectual property rights in the Downloads. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Downloads to a human-perceivable form, or transfer the Downloads to any third party. Any Downloads are done at your own discretion and risk and you will be solely responsible for any damage to your Device or loss of data that results from such Downloads. Downloads do not include any files or other content made available by third parties via video players or any other means.
You may not use the Cupcarrier Services for any purpose or in any manner that infringes the rights of any third party. Cupcarrier encourages you to report any content on the Cupcarrier Services that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content available through the Cupcarrier Services infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Cupcarrier has a designated agent for receiving notices of copyright infringement and Cupcarrier follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cupcarrier 's copyright agent (copyright agent contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content made available through the Cupcarrier Services contains content that violates your rights other than copyrights, please provide Cupcarrier at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send (a) your notice of claims of copyright infringement on or regarding the Cupcarrier Services, or (b) a complaint regarding alleged violation of rights other than copyrights, to Cupcarrier’s copyright agent, who can be reached as follows:
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Cupcarrier will provide users with notice if their User Content has been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
Some features or portions of the Cupcarrier Services may require you to pay a fee, such as subscription services or a purchase you make from the Cupcarrier Services. Regardless of the service or product you purchase, you agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Certain aspects of the Cupcarrier Services may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Cupcarrier Services, you agree to provide only true, accurate, current and complete information. If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. Cupcarrier reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Cupcarrier Services. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Cupcarrier Services, including, without limitation, those governing your transmission or use of any software or data.
By providing us with your contact information, you agree and consent to receive communications from us at such contact information. You understand that you do not have to consent to receive text messages in order to purchase any product or service, but that if you provide your mobile phone number, you consent and agree to receive text messages sent by us or our third-party service providers, which may be sent using an automated telephone dialing system, and that message and data rates may apply.
The Cupcarrier Services may offer features that are available to you via your mobile phone or other mobile device. These features may include, without limitation, the ability to view Materials, upload content to the Cupcarrier Services, receive messages from the Cupcarrier Services, download applications to your mobile device or access Cupcarrier Services features (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Message and data rates and other carrier fees may apply. Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions may require you to text a keyword (e.g., "STOP") to the applicable short code for the Mobile Feature.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Cupcarrier or other parties. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Cupcarrier of any changes to your mobile number and update your account(s) for the Cupcarrier Services to reflect this change.
The sweepstakes, contests, or promotions ("Promotions") accessible through the Cupcarrier Services are governed by their own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules too. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable Promotion.
The information provided through the Cupcarrier Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Cupcarrier to any registration requirement within such jurisdiction or country. Cupcarrier controls and operates the Cupcarrier Services from offices located in the United States and Canada and makes no representations or warranties that the information, products or services contained through the Cupcarrier Services are appropriate for use or access in other locations. Anyone using or accessing the Cupcarrier Services from other locations does so on their own initiative and is responsible for compliance with United States', Canadian and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Cupcarrier Services or any portion of the Cupcarrier Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by this Cupcarrier Services may be subject to United States export controls. Thus, no software from this Cupcarrier Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Cupcarrier Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Links on the Cupcarrier Services to third-party web sites (including any advertisements) are provided as a convenience to you. If you use these links, you will leave the Cupcarrier Services. Cupcarrier does not control or endorse any such advertiser or other third party websites, and your dealings with such third parties are solely between you and such third parties. You agree that Cupcarrier will not be responsible or liable for (a) any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertiser or other third party links on the Cupcarrier Services; (b) for any content, goods or services provided on or through third party web sites; or (c) for your use or inability to use such third party websites. You use these links at your own risk.
Certain features offered through the Cupcarrier Services are provided by third parties outside of the Cupcarrier Services and the Cupcarrier Services may provide links to these features. For example, our Cupcarrier Services may provide links to third party sites on which you can purchase products or services or participate in blogs, message boards, web chat, or similar forums. Further, functionality on the Cupcarrier Services may also permit interactions between the Cupcarrier Services and a third party web site or online feature, including applications that connect the Cupcarrier Services with a third party site. For example, the Cupcarrier Services may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on the Cupcarrier Services, or a feature that lets you post to your social networking page a link to a specific Cupcarrier Services feature or the ability to share content from the Cupcarrier Services or your User Content posted on the Cupcarrier Services with a third party, which may be publicly posted on that third party’s website. Using this functionality typically requires you to login to your account on the third party website and you do so at your own risk.
We do not control any of these third party sites or any of their content. Accordingly, you understand and agree that we are not responsible for your use of these services provided by third parties, and that your use of such services is subject to the terms and conditions established by such third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. We encourage you to review such third parties' user terms and privacy policies before you use their services.
Further, you may choose, at your sole and absolute discretion and risk, to use applications that connect the Cupcarrier Services or your account on the Cupcarrier Services with a third party site, including social networking services, (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Cupcarrier Services profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Cupcarrier Services accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Cupcarrier has not provided such information; and (iii) your use of an Application is at your own option and risk, and you agree to hold Cupcarrier harmless for the sharing of information relating to your Cupcarrier Services accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
Descriptions of, references to, or links to products, services or publications within the Cupcarrier Services do not imply endorsement of those products, services or publications.
Cupcarrier grants you the revocable permission to link to the Cupcarrier Services; provided, however, that any link to the Cupcarrier Services: (a) must not present false information about, disparage damage, dilute or tarnish the goodwill associated with Cupcarrier or its products or services, any Cupcarrier property or any other intellectual property; (b) must not create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Cupcarrier; (c) must not frame or create a browser or border environment around any of the content on the Cupcarrier Services or otherwise mirror any part of the Cupcarrier Services; (d) must not use any Cupcarrier trademarks without the prior written permission from Cupcarrier; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Cupcarrier's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Cupcarrier Services from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Cupcarrier's sole discretion). If you do link to the Cupcarrier Services, the link must be in plain text, unless otherwise pre-approved in writing by Cupcarrier. Cupcarrier reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the Cupcarrier Services or these Terms. By linking to the Cupcarrier Services, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Cupcarrier reserves the right to prohibit linking to the Cupcarrier Services for any reason in our sole and absolute discretion.
Notwithstanding any other provision within these Terms, the following subparagraphs are applicable to those users who access the Cupcarrier Services on Apple iOS devices through an application acquired from the Apple App Store.
A. Acknowledgement. You acknowledge that this agreement is concluded between you and Cupcarrier only, and not with Apple. Cupcarrier, not Apple, is solely responsible for the Cupcarrier Services and the content thereof. You further acknowledge that the Cupcarrier Services may not be used in any manner inconsistent with the App Store Terms of Cupcarrier Services as of the Effective Date.
B. Scope of License. You are granted a license to use the Cupcarrier Services on any iOS device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Cupcarrier Services.
C. Maintenance and Support. Cupcarrier is solely responsible for providing maintenance and support for the Cupcarrier Services, as specified in the Terms, or as required under applicable law. You and Cupcarrier acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Cupcarrier Services.
D. Warranty. Cupcarrier is solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Cupcarrier Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Cupcarrier Services to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Cupcarrier Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Cupcarrier.
E. Product Claims. Cupcarrier, not Apple, is responsible for addressing any claims by you or any third party relating to the Cupcarrier Services or your possession and/or use of the Cupcarrier Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Cupcarrier Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Cupcarrier liability is limited so far as permitted by applicable law.
F. Intellectual Property Rights. In the event of any third party claim that the Cupcarrier Services or your possession and use of the Cupcarrier Services infringes that third party’s intellectual property rights, Cupcarrier, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
H. Third Party Beneficiary. You and Cupcarrier acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
THE CUPCARRIER SERVICES (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, MESSAGES, PRODUCTS, SERVICES, DOWNLOADS, WIDGETS, MOBILE FEATURES, VIRAL DISTRIBUTION AND OTHER MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH THE CUPCARRIER SERVICES) ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CUPCARRIER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, CUPCARRIER DOES NOT WARRANT THAT YOUR USE OF THE CUPCARRIER SERVICES WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE displaySiteData(0).toUpperCase SERVICES (OR THE SERVER THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE displaySiteData(0).toUpperCase SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE displaySiteData(0).toUpperCase SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF displaySiteData(0).toUpperCase, WHETHER MADE ON THE displaySiteData(0).toUpperCase SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FURTHER, displaySiteData(0).toUpperCase DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE displaySiteData(0).toUpperCase SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, displaySiteData(0).toUpperCaseSPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE displaySiteData(0).toUpperCase SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE displaySiteData(0).toUpperCase SERVICES.
displaySiteData(0).toUpperCase NEITHER ENDORSES NOR IS RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER SUBMISSIONS MADE OR DISPLAYED THROUGH THE displaySiteData(0).toUpperCase SERVICES BY THIRD PARTIES (INCLUDING ANY OTHER USER OF THE displaySiteData(0).toUpperCase SERVICES) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUCH CONTENT OBTAINED THROUGH THE displaySiteData(0).toUpperCase SERVICES. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE displaySiteData(0).toUpperCase SERVICES. A POSSIBILITY EXISTS THAT THE displaySiteData(0).toUpperCase SERVICES COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE displaySiteData(0).toUpperCase SERVICES BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE displaySiteData(0).toUpperCase SERVICES, displaySiteData(0).toUpperCase MAKES NO GUARANTEES AS TO THE displaySiteData(0).toUpperCase SERVICES' COMPLETENESS OR CORRECTNESS.
displaySiteData(0).toUpperCase DISCLAIMS ANY AND ALL RESPONSIBILITY AND WILL NOT BE LIABLE FOR THE ACTIONS OF INDIVIDUALS OR ORGANIZATIONS THAT PROVIDE CONTENT THROUGH THIRD PARTY VIDEO PLAYERS OR THE CONTENT ITSELF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, displaySiteData(0).toUpperCase DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIRD PARTY ACTIONS OR CONTENT.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, displaySiteData(0).toUpperCase PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE displaySiteData(0).toUpperCase SERVICES (INCLUDING THE displaySiteData(0).toUpperCase SERVICES AND ALL INFORMATION, PRODUCTS, FEATURES, DOWNLOADS, WIDGETS, MOBILE FEATURES, VIRAL DISTRIBUTION AND THE MATERIALS AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE displaySiteData(0).toUpperCase SERVICES); (B) YOUR USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THE displaySiteData(0).toUpperCase SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY displaySiteData(0).toUpperCase OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE displaySiteData(0).toUpperCase SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE displaySiteData(0).toUpperCase SERVICES' TECHNICAL OPERATION; OR (F) ANY DAMAGE TO ANY USER'S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF displaySiteData(0).toUpperCase HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE displaySiteData(0).toUpperCase SERVICES). IN NO EVENT WILL displaySiteData(0).toUpperCase BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE displaySiteData(0).toUpperCase SERVICES IS TO STOP USING THE displaySiteData(0).toUpperCase SERVICES, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO displaySiteData(0).toUpperCase FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE displaySiteData(0).toUpperCase SERVICES.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF displaySiteData(0).toUpperCase'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE displaySiteData(0).toUpperCase SERVICES OR ANY displaySiteData(0).toUpperCaseWEBSITE, PROPERTY, PRODUCTION, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY displaySiteData(0).toUpperCase, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE displaySiteData(0).toUpperCase SERVICES OR displaySiteData(0).toUpperCase WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY displaySiteData(0).toUpperCase.
BY ACCESSING THESE displaySiteData(0).toUpperCase SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE PROVINCE OF ALBERTA AND CANADA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN ALBERTA AND WHERE THE RELEVANT CONTACTS ARE WITH SUCH STATE SHALL GOVERN: THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Except for disputes relating to the infringement of your or Cupcarrier’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Cupcarrier is seeking a preliminary injunction (“Excluded Disputes”), or where expressly prohibited by law, you agree that all disputes between you and Cupcarrier (whether or not such dispute involves a third party) with regard to these Terms or your use of the Cupcarrier Services, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. Neither you nor Cupcarrier will participate in a class action or class-wide arbitration for any claims covered by this agreement. This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, California law. The arbitration will be conducted in Harrisonburg, Virginia, in the English language by three arbitrators appointed in accordance with the American Arbitration Association’s Rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Cupcarrier or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. At your election, desktop or telephone arbitration, if available, can be used for claims of less than $10,000. In-person arbitration hearings will be conducted at the place of your residence at the time the dispute is submitted to arbitration. Cupcarrier will pay the costs for arbitration (not including your attorney’s fees) for claims under $5,000 where you are successful. In all other cases, you will bear 50% of the cost of any arbitration and you alone will be responsible for your attorney's fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Rockingham County, Virginia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Cupcarrier reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms and/or your ability to access or use the Cupcarrier Services, and to block or prevent future access to and use of the Cupcarrier Services for any reason, including, without limitation, your breach of these Terms or other conduct by you that Cupcarrier considers inappropriate. Cupcarrier reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Cupcarrier Services with or without notice. You agree that Cupcarrier shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Cupcarrier Services. Upon termination of your access to the Cupcarrier Services, or upon demand by Cupcarrier, you must destroy all Materials and all related documentation including immediately discontinuing the use of any Widgets or links to the Cupcarrier Services. Any provisions of these Terms, which, by their terms, ought to survive, shall survive any termination of these Terms.
You understand and agree that Cupcarrier will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may be referred to law enforcement authorities.
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are not assignable, transferable or sublicensable by you except with the prior written consent of a duly authorized Cupcarrier employee. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in these Terms are inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. You agree that these Terms will not be construed against Cupcarrier by virtue of having drafted these Terms.
We reserve the right, in our sole discretion and at any time, to change or add to the terms of these Terms without prior notice. ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on Cupcarrier website so that they are accessible via a link through the Cupcarrier Services, and that your use of the Cupcarrier Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Cupcarrier Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Cupcarrier Services from that point forward.