Please carefully read the following Terms of Use before using the www.cutebrands.net and cuteandhappy.com Web site (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.
This Terms of Use Agreement Contains Disclaimers of Warranties & Limitations on Liability That May be Applicable to You
We reserve the right at any time to:
- change the terms and conditions of this Agreement;
- change the Site, including eliminating or discontinuing any Information or Services or other feature of the Site;
- change any prices, fees and charges associated with the Site, Information or Services; or
- deny or terminate your use of and/or access to the Site.
Any changes we make will be effective immediately upon our making such change(s) available on the Site or otherwise providing notice thereof. You agree that by entering, re-entering, or continuing to use the Site thereafter you accept such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
Copyright
All content included in the Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Cute Brands Inc. (“Cute Brands”) or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Cute Brands and protected by U.S. and international copyright laws. All software used on the Site is the property of Cute Brands or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.
Trademarks
All trademarks, logos, service marks and trade names are proprietary to Cute Brands Inc., or other respective owners that have granted the Site the right and license to use such intellectual property.
Disclaimer
The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUTE BRANDS AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Cute Brands and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
Links to Other Web sites and Services
This Site may contain links to Web sites other than our own. Cute Brands does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. Cute Brands does not control the content of these sites and takes no responsibility for their content, nor should it be implied that Cute Brands endorses or otherwise recommends such sites or the products or services offered.
Limitation on Liability
IN NO EVENT SHALL CUTE BRANDS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF CUTE BRANDS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Cute Brands infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include 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 copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c)identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Cute Brands to locate the material on the Site; (d)the name, address, telephone number and email address (if available) of 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 in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Cute Brands a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to:
By email to:
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We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Applicable Law
The laws of the State of New York will govern these Terms of Use without giving effect to any principles of conflict of law.
Last modified: March 01, 2011
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