Proprietary Intellectual Property Rights
Cute Overload owns and retains all proprietary rights in and to the Site and the Site Services. The Site contains Cute Overload’s intellectual property, which may include patents, copyrighted material, trademarks, and other proprietary information of Cute Overload and its affiliates, subsidiaries, or licensors (collectively, “Proprietary Information”). Except for your User Content (as defined below), and that information in the public domain or for which you have been given prior, explicit written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Proprietary Information.
“User Content” means posts, messages, photos, video, or sound recordings submitted by Site users to Cute Overload.
So that we may host and display your User Content, when you provide us with User Content you grant Cute Overload a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any media now known or known in the future.
Material You Submit or Post
You are solely responsible for User Content that you submit or post to the Site. You may not post or copy any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You understand and agree that Cute Overload may review and delete any User Content that in Cute Overload’s judgment violates this Agreement, or that may be offensive, illegal, or that may violate the rights, harm, or threaten the safety of other Site users.
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringement
Cute Overload respects the intellectual property rights of others and expects all users of the Site and Site Services to respect them as well. If you believe your copyrights or other intellectual property rights have been infringed or otherwise violated, please provide Cute Overload’s Copyright Agent the following information
(your “Notice of Claim”):
The signature (physical or electronic) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property you claim has been infringed;
a description of where on the Site the material you claim is infringing is located;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized 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 of Claim is accurate, and that you are the copyright owner or intellectual property owner, or are authorized to act on the copyright or intellectual property owner’s behalf.
Cute Overload’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Cute Overload, Inc.
P.O. Box 77092, San Francisco, CA, 94107
By email: email@example.com
Inappropriate User Conduct
The following is a partial list of the kind of User Content that is prohibited on the Site regardless of whether or not it is illegal. By way of illustration, but not limitation, as a Cute Overload User you may not:
Post information or images that are patently offensive under a community standard that we deem appropriate, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against animals, any group or individual, be they Site users or otherwise.
Harass or encourage others to harass another Site user;
Post, or provide links to information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Post or provide links to unauthorized copies of another party’s copyrighted work, such as film clips, photographs, or writings;
Use the Site to engage in any activities not expressly outlined or contemplated in this Agreement or on the Site, including engaging in commercial activities and/or sales without our prior written consent, such as creating contests or sweepstakes;
Use the Site or the Site Services in a manner inconsistent with any and all applicable laws and regulations.
Although Cute Overload cannot monitor the conduct of Cute Overload users off the Site, it is also a violation of these rules to use any information obtained from the Site Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Cute Overload user without their prior explicit consent.
Disclaimers, Damages and Liability
You agree that Cute Overload is not responsible for any User Content posted on the Site. Cute Overload is not responsible for the conduct, whether online or offline, of any user of the Site or the Site Services. Cute Overload assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Cute Overload is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Cute Overload Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site Services. Under no circumstances will Cute Overload be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Site Services, any User Content posted on the Site, or any interactions between users of the Site, whether online or offline. The Site and the Site Services are provided “AS-IS” and (to the extent legally permitted) Cute Overload expressly disclaims any warranty of fitness for a particular purpose or non-infringement, and further expressly disclaims any implied warranty and terms and conditions. Cute Overload cannot guarantee and does not promise any specific results from use of the Site and/or the Site Services.
Except where restricted or prohibited, in no event will Cute Overload be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Site or the Site Services, or of our termination of your Cute Overload User status, even if Cute Overload has been advised of the possibility of such damages. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If you have a dispute with one or more Cute Overload users, you release Cute Overload (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says:
“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.”
You will indemnify and hold Cute Overload (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demands and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorney’s fees, made by any third party due to, arising out of or in any way connected with your breach of this Agreement, or your violation of any law or the rights of a third party.
Claims or Disputes. If there is any claim, controversy or dispute at law or equity about this Agreement, the Site and/or the Site Services (“Claim”), you agree that we will resolve any Claim in accordance with this paragraph. This Agreement will be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim must be resolved by a court located in San Francisco County, California. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all Claims.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as otherwise explicitly stated in this agreement, legal notices to Cute Overload shall be served on Cute Overload’s registered agent and shall be served on you at the email address you provided when submitting User Content to Cute Overload. Notice shall be deemed given 24 hours after the email is sent, unless the sending party receives a notification that the email address is invalid. In the alternative, Cute Overload may give you legal notice by mail to the postal address, if any, which you may have provided in the course of using the Site or Site Services, in which case notice shall be deemed given three (3) days after mailing.
Cute Overload is located at P.O. Box 77092, San Francisco, CA, 94107. This Agreement, accepted upon use of the Site and further affirmed by becoming a Cute Overload User, contains the entire agreement between you and Cute Overload regarding the use of the Site and/or the Site Services. This Agreement may not be amended except by a writing signed by both you and Cute Overload. The following sections will survive any termination of this Agreement: License; Indemnity; Disclaimer, Damages and Liability; Claims or Disputes. If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck and the remainder of this Agreement shall continue in full force and effect. In Cute Overload’s sole discretion, Cute Overload may assign this Agreement in accordance with the Notices section. Section headings are for references purposes and do not limit the scope or extent of any section. Cute Overload’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Cute Overload does not guarantee that we will take action against all breaches of this Agreement.
Cute Overload may amend this Agreement at any time by posting amended terms on the Site. Amended terms shall automatically be effective 30 days after they are initially posted on the Site, except as stated elsewhere. This Agreement is effective August 28, 2006. Copyright 2010.