These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and CuddleBeanzzz (“we,” “us,” or “our”), concerning your access to and use of the https://slateblue-skunk-233014.hostingersite.com/ website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Services”). You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and the Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the Services, you represent and warrant that:
You have the legal capacity, and you agree to comply with these Legal Terms;
You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Services for any illegal or unauthorized purpose;
Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Services (or any portion thereof).
You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users.
Circumvent, disable, or otherwise interfere with security-related features of the Services.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use the Services in a manner inconsistent with any applicable laws or regulations.
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
The Services may contain (or you may be sent via the Services) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). We are not responsible for and do not endorse any Third-Party Websites or Third-Party Content.
We reserve the right, but not the obligation, to:
Monitor the Services for violations of these Legal Terms;
Take appropriate legal action against anyone who violates the law or these Legal Terms;
Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof;
Manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy: https://slateblue-skunk-233014.hostingersite.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy.
These Legal Terms shall be governed by and defined in accordance with the laws of Canada. You irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 6 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC.
The number of arbitrators shall be 1.
The seat, or legal place, of arbitration shall be Toronto.
The language of the proceedings shall be English.
The governing law of these Legal Terms shall be substantive law of Canada.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:
No arbitration shall be joined with any other proceeding;
There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures;
There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use;
Claims for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion, and such Dispute shall be decided by a court of competent jurisdiction as described above.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.
We assume no liability or responsibility for any:
Errors, mistakes, or inaccuracies of content and materials;
Personal injury or property damage resulting from your access to the Services;
Unauthorized access to or use of our secure servers and/or any personal information stored therein;
Interruption or cessation of transmission to or from the Services;
Bugs, viruses, Trojan horses, or the like transmitted by any third party;
Errors or omissions in any content.
We do not warrant, endorse, or assume responsibility for any product or service advertised or offered by a third party through the Services.
In no event will we or our directors, employees, or agents be liable to you for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages.
Our liability to you for any cause whatsoever will at all times be limited to the amount paid by the user.
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising out of:
Your use of the Services;
Your breach of these Legal Terms;
Your violation of the rights of a third party;
Any harmful act toward another user.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
We perform routine backups of data but are not responsible for any loss or corruption of your data. You waive any right of action against us for any such loss.
By using the Services, you consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.
You agree to the use of electronic signatures and waive any rights under any laws requiring non-electronic records.
These Legal Terms and any related policies constitute the entire agreement between you and us.
Our failure to enforce any right shall not operate as a waiver.
If any provision is unlawful, void, or unenforceable, it shall be deemed severable.
There is no partnership, joint venture, employment, or agency relationship created between you and us.
If you have a complaint regarding the Services or to receive further information, please contact us at:
contact.cuddlebeans@gmail.com
