Cuptoopia.com, Inc. ("we," "us," and "our") provides this web site (the “Web
Use"). "You", "you" and "your" refer to each company, supplier, or person that
uses this Web Site. All personal information collected through this Web Site is
subject to our
which is incorporated herein by reference.
ACCEPTANCE OF TERMS THROUGH USE
BY ENTERING AND USING THIS WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO THIS TERMS OF
USE THIS WEB SITE. WE MAY, AT OUR SOLE DISCRETION, UPDATE OR REVISE THIS TERMS
EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEB SITE. PLEASE CHECK THIS TERMS OF
USE PERIODICALLY FOR UPDATES OR REVISIONS. YOUR CONTINUED ACCESS OR USE OF THIS
Cuptoopia.com grants you a limited, nonexclusive, revocable license to access
and make personal, and commercial use of the Cuptoopia.com Web Site.
Cuptoopia.com grants you a limited, nonexclusive and revocable right to create a
hyperlink to the Cuptoopia.com Web Site, provided your link does not portray
Cuptoopia.com, its affiliates, suppliers, or their respective goods or services
in a false, misleading, derogatory, or otherwise offensive manner.
You agree that we may communicate with you electronically by way of e-mail or by
posting notices on the Web Site. You agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
CONDITIONS AND RESTRICTIONS ON USE
You agree to comply with all procedures, rules and policies established by us
(and communicated electronically by us to you by way of e-mail or by posting
notices on this Web Site), and all applicable federal, state, and local laws and
regulations, including without limitation, the Communications Decency Act (47
U.S.C. § 223 et. seq.) and the Digital Millennium Copyright Act (17 U.S.C. § 101
You agree to use this Web Site only for lawful purposes.
You agree that you are responsible for obtaining access to the Web Site,
including, but not limited to any third party fees (such as Internet service
provider or airtime charges) involved in obtaining access and for all equipment
necessary to access the Web Site.
You may not post on or transmit through the Web Site any data, text, music,
sound, photographs, graphics, video, messages or other material ("User Content")
that (i) is defamatory, unlawful, harassing, abusive, threatening; (ii)
constitutes a breach of any person's privacy or publicity rights; (iii) violates
any statute, regulation or ordinance; (iv) promotes software or services that
deliver unsolicited mail; or (v) promotes, encourages, or facilitates terrorism
or other activities that risk United States national security.
You may not upload, post, e-mail or otherwise transmit any User Content on or
through the Web Site that (i) contains any viruses, Trojan horses, worms, cancel
bots, time bombs, spyware or other computer programming routines that may damage
or interfere with the operations of the Web Site or with other users of this Web
Site, (ii) is knowingly untrue, inaccurate or misleading, or (iii) interferes
with the operation of the Web Site in any manner.
You further agree that you will not:
(a) Impersonate any person or entity, including, but not limited to, a
Cuptoopia.com officer, director, employee or representative, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
(b) Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any User Content transmitted on or through the Web Site;
(c) Infiltrate or otherwise seek to gain unauthorized access to, or compromise
the integrity of, the Web Site;
(d) Harvest, collect or store information about the users of this Web Site or
the User Content posted by others on this Web Site or use such information for
any purpose inconsistent with the purpose of this Web Site;
(e) Use any automated procedure to gather information or data from the Web Site
by means of what is commonly called a "bot" or otherwise;
(f) Interfere with or disrupt the Web Site or servers or networks connected to
the Web Site, or breach or attempt to breach the security of software, networks,
servers, data, computers or other hardware relating to the Web Site (or that of
any third party that is hosting or interfacing with any part of the Web Site);
(g) Create any frames at any other Web sites pertaining to or using any of the
information provided through the Web Site, or promote bonus items, giveaways,
random drawings, contests or prizes on the Web Site; or
(h) Duplicate, copy or otherwise exploit the Web Site or its contents for
Cuptoopia.com may, at its sole discretion, suspend or terminate your access to
this Web Site, without prior notice, if Cuptoopia.com believes that your conduct
JURISDICTION, VENUE, STATUTE OF LIMITATIONS
without reference to its conflict of law principles. You agree that any action
at law or in equity arising out of or relating to this Web Site, the Terms of
Use, or the Services of Cuptoopia.com shall be filed exclusively in the state or
federal courts located in Franklin County, Ohio, and you hereby consent and
submit to the personal jurisdiction of such courts.
You agree that regardless of any law or statute to the contrary, any claim or
or the Services of Cuptoopia.com must be filed within one (1) year of the date
the cause of action arose or be deemed waived and forever barred as untimely.
IF YOU USE THIS WEB SITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU AGREE TO
BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF
THE JURISDICTION FROM WHICH YOU USE THIS WEB SITE.
intellectual property rights, or those of a third party, whether by estoppel,
implication, waiver, or otherwise. Without limiting the generality of the
foregoing, you acknowledge and agree that certain content available through and
used to operate this Web Site is protected by copyright, trademark, patent, or
other proprietary rights by us and our affiliates, licensors, and service
You agree to share the copyright, patent rights, trademarks and revenue EQUALLY
with each project team member who contributed to the creation of the digital
project within Cuptoopia.com.
You agree that Cuptoopia.com and it’s third party sellers are the exclusive
lifetime sellers and distributors of all digital products created through a
collaboration in Cuptoopia.com.
You agree to pay the required $25 fee to propose a project and the $5 fee
required to join a project.
You agree pay Cuptoopia 20% of the profit from each sale.
You agree not to modify, alter, or deface any of the trademarks, service marks,
or other intellectual property made available by us in connection with this Web
Site. You agree not to use any of the trademarks or service marks or other
content accessible through this Web Site for any purpose other than the purpose
for which such content is made available to you. You agree not to defame or
disparage us, our trademarks or service marks, or any aspect of this Web Site.
You agree not to adapt, translate, modify, decompile, disassemble, or reverse
engineer this Web Site or any software or programs used in connection with this
Cuptoopia.com will enforce its intellectual property rights to the full extent
of the law. Any unauthorized use of Cuptoopia.com's materials may subject you to
penalties or damages, including but not limited to those related to violation of
trademarks, copyrights, privacy, and publicity rights.
CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER DISPUTES
If you believe that a Product infringes upon your copyrighted works, please
contact us. If you notify Cuptoopia.com of any ebook, information, data,
software, photographs, graphic arts, videos, movies, eMagazines, eNewspapers,
pay-per-view, eDocuments, animation, TV shows, Radios shows, games, apps, audio
eBooks, typefaces, graphics, music, sounds, User Content and other material on
the Cuptoopia.com Web Site (collectively "Digital Content") that is allegedly
infringing, defamatory or illegal, Cuptoopia.com may investigate the allegation
and determine in its sole discretion whether to remove or request the removal of
such Content from the Cuptoopia.com Web Site. Cuptoopia.com may disclose any
Content or electronic communication of any kind (i) to satisfy any court ordered ethical request from government legal
request regulation; (ii) if such disclosure is necessary or appropriate to
operate the Cuptoopia.com Web Site; or (iii) to protect the rights or property
of Cuptoopia.com and its officers, directors, employees, agents, third-party
content providers or sellers, Cuptoopia.com Suppliers, sponsors, members, customers and licensors.
UNSOLICITED IDEA SUBMISSION POLICY
In order to avoid potential misunderstandings or disputes when Cuptoopia.com's
services or marketing strategies might seem similar to ideas submitted to
Cuptoopia.com, we adhere to a strict policy of not accepting unsolicited ideas.
Cuptoopia.com employees do not accept or consider unsolicited ideas. If, despite
our request that you not send us your ideas, you still send them, then
regardless of what your letter or transmission says, such submissions will be
considered non-confidential and non-proprietary, provided, however, that the
foregoing shall not apply to personal (as opposed to technical or business)
information that identifies an individual and that is subject to our Privacy
Policy contained elsewhere on this site. In addition, such submissions will
automatically become the property of Cuptoopia.com, without compensation to you,
and Cuptoopia.com will have no
SOLICITED IDEA SUBMISSION POLICY
Cuptoopia.com’s business model allows individuals to propose digital product
ideas for $25 per project and others to collaborate with them to create a
digital product for $5 per project.
Cuptoopia.com encourages individuals to propose digital project ideas, including
ideas for new ebooks, apps, games, music, movies, eDocuments, eNewspapers,
eMagazines, TV and Radio shows, software, graphic art, audio eBooks, videos,
pay-per-view and animation. Registered users only should share their original
creative artwork, suggestions, ideas, concepts, techniques, procedures, methods,
systems, designs, plans, charts, or other materials to propose a project within
Cuptoopia.com obligations with respect to such submissions.
ALL SALES ARE FINAL AND NONREFUNDABLE.
REPLACEMENT PRODUCTS CAN BE PROVIDE ON A CASE BY CASE EVALUATION.
LIMITATION OF LIABILITY
YOUR USE IS AT YOUR OWN RISK AND NONE OF THE PARTIES INVOLVED IN CREATING,
PRODUCING, OR DELIVERING OR OPERATING THIS WEB SITE IS LIABLE FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES,
COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER
DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (1) THROUGH THE ACCESS
TO, USE OF, OR BROWSING OF THIS WEB SITE OR (2) THROUGH YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEB SITE, INCLUDING BUT
NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR
ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR
ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK
Notwithstanding the fact that Cuptoopia.com or other parties involved in
creating, producing, or delivering this Web Site may monitor or review
transmissions, postings, discussions, or chats, Cuptoopia.com and all parties
involved in creating, producing, delivering or operating this Web Site, assume
no responsibility or liability which may arise from the content thereof,
including but not limited to claims for defamation, libel, slander, obscenity,
pornography, profanity, or misrepresentation.
LINKS TO OTHER WEB SITES
Although this Web Site may be linked to other web sites, Cuptoopia.com is not,
directly or indirectly, implying any approval, association, sponsorship,
endorsement, or affiliation with any linked web site, unless specifically stated
Cuptoopia.com is not responsible for examining or evaluating, and we do not
warrant the offerings of, any businesses or individuals or the content of their
web sites. Cuptoopia.com does not assume any responsibility or liability for the
actions, Products, and content of any other third parties. You should carefully
review the privacy statements and other conditions of use or any web site which
you access through a link from this Web Site.
Your linking to any other off-site pages or other web sites is at your own risk.
THIS WEB SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED
"AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, CUPTOOPIA.COM AND ITS
AFFILIATES, SUBSIDIARIES, AGENTS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS,
DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS
OR TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR
COURSE OF PERFORMANCE, OR OTHERWISE OF THIS WEB SITE OR THE SITE CONTENT
THEREON; (II) ANY WARRANTY THAT THIS WEB SITE AND
CUPTOOPIA.COM’s OTHER WEB SITES WILL BE SECURE, UNINTERRUPTED, NOT
DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE; AND (III) THE IMPLIED WARRANTIES
OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, FITNESS FOR LICENSEE'S PURPOSE, TITLE, INFORMATIONAL
CONTENT, NONINTERFERENCE AND NONINFRINGEMENT.
CUPTOOPIA.COM MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS
WEB SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF YOU USE
THIS WEB SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR
COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH
YOU ACCESS THIS WEB SITE, INCLUDING WITHOUT LIMITATION, THE EXPORT AND IMPORT
REGULATIONS OF OTHER COUNTRIES.
You agree to defend and indemnify Cuptoopia.com and its employees and suppliers
from any claim or demand, including reasonable attorney’s fees, arising from
rights of a third party.
whole or in part, such holding shall not affect the validity or enforceability
held invalid or unenforceable shall remain in effect.
If such holding of invalidity or unenforceability is based on a measure of
provision shall be replaced by a legally valid measure of liability,
performance, or time which is as close as possible to that originally specified.
Notwithstanding anything herein to the contrary, the "Warranty Disclaimer" and
the "Limitation of Liability" language shall survive the termination of this
upon Cuptoopia.com and its successors and assigns, and you and your heirs,
executors, administrators, successors, and personal representatives, and all
persons you represent and their respective successors, assigns and related
consent of Cuptoopia.com, which may be withheld in Cuptoopia.com's sole
party as the agent or representative of the other party, or both parties as
joint venturers or partners for any purpose.
OF SUCH PROVISION NOR OF CUPTOOPIA.COM'S RIGHT TO ACT WITH RESPECT TO SUBSEQUENT
OR SIMILAR BREACHES, NOR OF CUPTOOPIA.COM'S RIGHT TO ENFORCE SUCH PROVISION.