Effective: October 11, 2010
As used in this Agreement, the terms “Curepals.com”, “we” , “our” and “us” mean Lundon Enterprises, LLC, an Ohio limited liability company, its successors and assigns, and any and all legal entities in which Lundon Enterprises, LLC, either directly or indirectly, owns an interest. In this Agreement, the terms “you” or “your” shall mean any person or entity accessing or using this Site, and, in the case of minors, such individual’s parent or legal guardian.
1.Description of Site. The primary objective of the Curepals.com site is to offer a website platform that collectively offers networking capabilities between youths, adults, and organizations to raise awareness, moral support, and funding for a variety of social charitable causes.
2. Account Registration.Certain enhanced services and materials on the Site require you to register an account (“Account”) with us. When and if you register an Account with us, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including email address), and (b) to maintain and update your information (including email address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is inaccurate, not current, or incomplete (and, in the case of information which ceases to be current, you fail to update the information upon request), we reserve the right to terminate your access and/or use of this Site and related services without prior notice to you.
As part of the registration process, you will be asked to select a username and password. Your username should not contain any information (i.e., surname or other personal information) that can identify who you are. Keep your username and password in a safe place. You are entirely responsible for maintaining the confidentiality and use of your username and password, and you are entirely responsible for any and all activities that are conducted through your Account. You agree not to transfer or resell your Account or access to this Site to any third party. If there is any unauthorized use of your Account or you are aware of any other breach of security, you agree to immediately notify us of such unauthorized use.
You may provide us with information about yourself, some of which may be intended by you to be public and some of which may be intended by you to be private. By registering with us and providing us this information, you are consenting to and giving authorization for us and for others to peruse and use the information you designate to be public.
When you sign up with the Site requiring your registration, we ask you for personal information (such as your name, email address and an account password). Non-sensitive information such as user information is stored unencrypted but is within a secure server. Any sensitive information like credit cards for the subscription are received and stored by a third party, Authorize.net, within servers and networks owned and controlled by them, e and communicated utilizing a cryptographic protocol to provide security. Authorize.net is fully PCI compliant (http://www.pcicomplianceguide.org/aboutpcicompliance.php).
We also utilize cookies. These are small files containing a string of characters that we would use (a server) to send into our customer's computer or other device that uniquely identifies their browser. We may use these cookies to improve the quality of our service, including for storing user preferences, and tracking user trends. Every user creates a session with the application and they are required for logged in users. Sessions by default expire when the user closes their browser or with a period (typically a few hours) of inactivity.
Our server will log information as well. This is when the server automatically records information that a user's browser sends whenever they visit our site. These server logs may include information such as the user's web request, Internet Protocol (IP) address, and browser type. Logs will be stored in the common format "combined".
127.0.0.1 - frank [10/Oct/2000:13:55:36 -0700] "GET /apache_pb.gif HTTP/1.0" 200 2326 "http://www.example.com/start.html" "Mozilla/4.08 [en] (Win98; I ;Nav)"
3. Ownership and Restrictions on Use. The information, content and materials made available through the Site are and shall remain the property of us and our licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You agree, except as expressly authorized in advance by us in writing, not to copy, reproduce, republish, upload, post, transmit, modify, rent, lease, loan, sell, distribute, or create derivative works based in whole, or in part, on all or any part of the Site or any materials, content or information made available through the Site. The Site may be used solely as provided in this Agreement. You acknowledge that you do not acquire any ownership rights by using the Site.
4. Ownership Rights. This Site is the sole and exclusive property of Curepals.com. Curepals.com retains all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
“Curepals”, “Curepals.com” and all trademarks, trade names, service marks, trade dress, logos, custom graphics, or icons (collectively, “Marks”) that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of Curepals.com and its providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without our prior written permission or the prior written permission of the relevant provider.
Much of the Content (defined below) on this Site is owned by third parties. These materials are subject to the additional terms below, which are incorporated into, and made a part of, the Agreement. "Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materialsthat are available on the Site, whether provided by us, users of the Site or third parties. "Content" also includes Marks, User Content, and products and services offered on the Site.
Any communications or materials you voluntarily post on this Site, by email or otherwise, including any photograph, image, data, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant us a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials.
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 us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it be 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 this website 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 us 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 us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to this website should be sent to:
Lundon Enterprises, LLC
2692 Madison Road
Cincinnati, OH 45208
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.
5.Submissions and Postings. Our Site may provide you a host of services such as message boards, chat rooms, blogs, videos, activities, games and other communication forums (collectively, the “Forums”) to which, subject to the terms and conditions hereof, you are able to post information and materials. Additionally, please note that, because we host Forums found on the Site, we therefore redistribute chats, postings and other materials posted or otherwise submitted by you while using the Forums and require certain rights in those chats, postings and materials. For any information and/or materials you submit through the Forums (including by participating in a chat room conversation) or otherwise to or through the Site (each, a “Posting”), you hereby grant us a worldwide, non-exclusive, royalty-free, irrevocable right and license to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, edit, change, modify in any manner, make, have made, import and otherwise exploit such Postings in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other person and you hereby waive any rights you may have in any such Postings.
6.Forums. We accept NO responsibility, nor do we endorse, any advise, information, opinion, or statement made or displayed on the Site, or Forums by third parties, whether users of the Site, members of the Cure Pals community, or otherwise. We accept no responsibility for any inaccuracies, errors, or for any results obtained from the use of such information or any other Postings, or omissions in articles or postings, for hyperlinks embedded in messages. Any reliance on any and all information, accurate or inaccurate, is a choice made solely by you and under no circumstances will we or our suppliers, affiliates, donors, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. Note that we are not responsible for and do not control any third party use of any personally identifiable information which you post on Forums which are accessible to other users of the Site. Some of the users of our forums, while working through personal issues, may make frustrating and/or angry statements to others. Again, while we sympathize with all involved, we accept NO responsibility for them.
7. Jurisdictional Issues. We make no representation that materials in the Site are appropriate or available for use in other locations. Therefore this Site is solely for individuals located in the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws. You further agree to comply with any applicable United States export control and similar laws, rules and regulations in connection with your use of the Site. We reserve the right to limit the availability of the Site and/or any service, item, material, feature or function to any user at any time and for any reason, with or without cause.
8.Links. The Site may provide links to other web sites and online resources. You agree and further acknowledge that Cure Pals is not responsible for the availability of such external sites or resources as we have no control over them. We neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You agree and further acknowledge that we do not endorse such sites, are not, and shall not be responsible or liable for any links from those sites to our Site. You also agree and further acknowledge that we do not endorse any advertising, content, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
You agree that any of your use of these third party websites and resources is at your own risk. We shall have the right, at any time and in our sole discretion, to block links to the Site through technological or other means and to do so without prior notice.
Content. Curepals.com may allow you to submit, display and publish (“post”) text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials (“User Content”) that can be accessed and viewed by other users of the Site. You may only post User Content to the Site that either you created or that you have permission to post. You may not post any User Content that violates this Agreement. We do not claim any ownership rights in any of the User Content that you post on the Site. However, by submitting User Content to the Site, you grant us, our affiliates, and third party providers, a limited license to use, copy, display, perform, distribute and adapt your User Content in any medium.
13.Monitoring/Filtering. We have put physical, electronic and operational procedures into place in order to help safeguard and prevent unauthorized use and/or disclosure, on and/or in, our chatrooms. Neither Cure Pals nor any of the Cure Pals Entities, while attempting to minimize any unauthorized use on the Site, warrants, expresses, or implies our ability to edit, filter, screen, or review any post of User Content. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such sites.
14. Spam. You may not use this Site, email addresses on this Site, or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages).
15.Research Studies. Various research studies or researchers who are seeking information may occasionally post information on the Site. We neither endorse any such research or research studies, nor are liable or responsible in any way for your interactions with any such researchers, for any advice, information, opinion, or statements made by such researcher, or for the conduct of any such research studies. We are not associated in any way with any researchers or research studies about which information is posted to the Site. Your choice to make any use by any method of any information on this Site is at your sole discretion and is entirely at your own risk.
16. Disclaimers. None of the information on this Site is intended in any way, shape, or form to serve as treatment for, or the care of, any medical condition, nor to serve as, or a substitute for, medical advice. We do not warrant or guaranty that any information on this Site is accurate, complete, reliable or up to date. Any and all information provided herein is provided “as is” and without warranties of any kind, expressed or implied in any way.
Cure Pals and its affiliates and their respective agents, affiliates, directors, donors, employees, licensors, officers, partners, service providers, shareholders, and suppliers (collectively with Cure Pals), disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. The above exclusions of implied warranties may not apply to you as applicable law may not allow any exclusions.
There is no warranty, expressed or implied, by any of the Cure Pals entities that protects against the Site’s services being error-free, uninterrupted, or secure, that defects will be corrected, or that the Site is virus-free or free from other harmful components.
You acknowledge your responsibility for obtaining and maintaining all internet access, your computer equipment, and any and all charges related thereto. A possibility exists that the Site (including the Forums) could include inaccuracies or errors, or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, including the Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness.
17.DISCLAIMER OF WARRANTIES. CUREPALS.COM AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS”, AND “AS AVAILABLE”, BASIS. CUREPALS.COM AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER CUREPALS.COM NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM CUREPALS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
18.LIMITATION OF LIABILITY. Neither Cure Pals nor any of the Cure Pals Entities are liable or in any way responsible for any exemplary, consequential, incidental, indirect, special, punitive, or other damages arising out of or relating in any way to the Site and/or content contained on the Site or any product or service obtained through the Site. Your SOLE remedy for any dissatisfaction with the Site is to stop using the Site. The maximum liability of Cure Pals for all damages, losses, and causes of action shall be the total amount paid by you, if any, to the Cure Pals website for access.
19.Waiver of Liability. Much of the content of this Site, including but not limited to advertising and product descriptions, is provided by others or, in some cases, by yourself. We are not responsible for monitoring its accuracy or reliability, and make no representation as to its accuracy or reliability. YOU AGREE TO WAIVE ANY CLAIMS AGAINST US CONCERNING INFORMATION ON THIS SITE THAT IS NOT PROVIDED BY US, CLAIMS RELATED TO MALFUNCTIONS WITH THIS SITE, OR CLAIMS RELATED TO FALSE ADVERTISING, DEFECTIVE PRODUCTS, DAMAGED PRODUCTS, PRICING, OR OTHERWISE RELATED TO THE PURCHASE AND SALE OF PRODUCTS.
20.Indemnification. Without limiting the generality or effect of other provisions of this Agreement, you hereby agree to indemnify, hold harmless, and defend us, our affiliates, licensees, subcontractors, and agents, and each of our, or their, officers, directors, and employees, from and against any and all liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements), costs, or other expenses based on, arising out of or resulting from (a) your breach or alleged breach of this Agreement or any documents referred to herein; (b) your access and/or use of this Site, your Account and/or your submission of Content; and (c) your violation of any law or the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
21. Void Where Prohibited.Curepals.com makes no representation that this Site or its Content is appropriate for use in all locations. You are responsible for compliance with all applicable local laws. Although this Site is accessible worldwide, not all products or services discussed or referenced in this Site may be available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to use of products or services obtained in one jurisdiction and used in other jurisdictions. Those who choose to access this Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Site Content or products and services available through this Site in violation of U.S. export laws and regulations. We, and our affiliates, licensees, suppliers and agents, reserve the right to limit the availability of this Site and the provision of any product or service to any person, geographic area or jurisdiction we or they so desire, at any time and in our sole discretion.
22.Termination. Your right to use and/or access this Site or your Account will terminate automatically if you breach any term or condition of this Agreement or your conduct violates applicable law or is otherwise harmful to our interests or the interests of other third parties. We reserve the right, in our sole discretion, to terminate your Account or deny your use and/or access to all or part of the Site, for any reason, with or without notice. With this termination you surrender your right to use this Site immediately and without prior notification. You further agree that this termination will result in the immediate deactivation and/or deletion of your password, user name, and all related information and files associated with it, and bar any further access to such information or files. You further agree that we shall not be held liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
23.Jurisdiction, Venue and Governing Law. This Agreement and your use of the Site will be governed by the laws of the State of Ohio. Any dispute arising out of this Agreement or your use of the Site shall be subject to the exclusive jurisdiction and venue of the state or federal courts located in Hamilton County, Cincinnati, Ohio, USA, and you hereby consent to the personal jurisdiction of such courts.