TERMS OF USE

1. INTRODUCTION
Welcome to Cupsyme.com.By using the Cupsy Me LLC site, you accept this Agreement and certify that you are above the age of majority in your jurisdiction.
We may change the terms of this Agreement from time to time. By continuing to use the Cupsyme.com site after we post any such changes, you accept the Agreement, as modified.

2. USE OF THE CUPSY ME LLC SITE

You certify that the information you provide on the Cupsy Me LLC site is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Cupsy Me LLC immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Cupsy Me LLC site, or any portion of the Cupsy Me LLC site, at any time without notice.

Cupsy Me LLC and its affiliates have no liability to you for content on the Cupsy Me LLC site that you find offensive, indecent, or objectionable.

We sell products for children’s use; however, these products are intended for selling to adults. If you are under the age of majority in your jurisdiction, you may use the Cupsy Me LLC site only with involvement of a parent or guardian. Individuals may use the Cupsy Me LLC site to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.

You are prohibited from:

  • Violating or attempting to violate the security of the Cupsyme.com site.
  • Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Cupsy Me LLC site.
  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Cupsy Me LLC or other third party web browsers) to navigate or search the Cupsy Me LLC site.

3. CONTENT SUBMISSION
Cupsy Me LLC allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Cupsy Me LLC site (“Content”). Content should be written in English.
By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.

A. License Grant for Submitted Content
If you make any submission to the Cupsy Me LLC site, you automatically grant, or warrant that the owner of such content has expressly granted Cupsy Me LLC, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Cupsy Me LLC may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. Cupsy Me LLC is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant Cupsy Me LLC the right to use the name that you submit in connection with any Content.

B. Prohibited Content.
You represent and warrant that you will not submit the following Content:
a) Content that is false, inaccurate, or misleading.
b) Content that contains your full name(s), or any other confidential identifiable information of yourself or others.
c) Content that violates any local, state, federal, or international laws;
d) Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights.
e) Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Cupsy Me LLC in its sole discretion.
f) Advertisements, solicitations or spam links to other web site or individuals, without prior written permission from Cupsy Me LLC.
g) Chain letters or pyramid schemes.
h) Content that impersonates another business, person or entity, including Cupsy Me LLC, its related entities, employees and agents.
i) Content that contains viruses or other harmful computer code.
j) Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
k) Content that you were compensated or granted any compensation by any third party unless otherwise authorized by Cupsy Me LLC in writing.
l) Content that violates any policy posted on the Cupsy Me LLC site, or interferes with the use of the Cupsy Me LLC site by others.

Although Cupsy Me LLC cannot monitor all Content, you understand that Cupsy Me LLC shall have the right, but not the obligation, to monitor the Content of the Cupsy Me LLC site to determine compliance with this Agreement and any other operating rules that may be established by Cupsy Me LLC from time to time. Cupsy Me LLC shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Cupsy Me LLC site for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Cupsy Me LLC and its affiliates for all claims resulting from any Content you submit.

4. THIRD PARTY SITE

References on Cupsy Me LLC site to any names, marks, products, or services of third parties, or links to third-party site or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Cupsy Me LLC is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a Cupsy Me LLC site is at your own risk and will be governed by such third party’s terms and policies.

5. ORDER ACCEPTANCE AND BILLING
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Cupsy Me LLC may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).You will not be charged for most orders until the order has shipped. Some other exceptions when you will be charged at the time your order is placed are orders or preorders paid for with a PayPal account.

Cupsy Me LLC reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will the notify customer should such limits be applied. Cupsy Me LLC also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Cupsy Me LLC for the purpose of engaging in a commercial sale of that same product(s) with a third party.

6. PRICING INFORMATION
Cupsy Me LLC cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Cupsy Me LLC site. Cupsy Me LLC reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Cupsy Me LLC. Cupsy Me LLC may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

7. PROMOTIONAL CODES
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

8. SHIPPING AND DELIVERY
Delivery of items purchased from the Cupsy Me LLC site to addresses outside the United States is limited. Some items also have restricted delivery within the United States. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.

9. INFORMATION PROVIDED ON THE CUPSY ME LLC SITE
Cupsy Me LLC and our customers post a variety of material on the Cupsy Me LLC site including without limitation, merchandise information, product descriptions, reviews, comments, (collectively, “Materials”). The Materials that appear on the Cupsy Me LLC site are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Cupsy Me LLC site, you should confirm any facts that are important to your decision. Cupsy Me LLC and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Cupsy Me LLC site. Cupsy Me LLC is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose site we link. Product information contained on the Cupsy Me LLC site may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).
CUPSY ME LLC, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE CUPSY ME LLC SITE.

10. EXPORT POLICY
You acknowledge that some goods licensed or sold on the Cupsy Me LLC site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing, downloading or using technology or software from the Cupsy Me LLC site, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no Cupsy Me LLC Materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.

11. INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by Cupsy Me LLC, one of its affiliates or by third parties who have licensed their materials to Cupsy Me LLC and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Cupsy Me LLC site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Cupsy Me LLC site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Cupsy Me LLC site or any related software. All software used on the Cupsy Me LLC site is the property of Cupsy Me LLC or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Cupsy Me LLC site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Cupsy Me LLC site is the exclusive property of Cupsy Me LLC and is also protected by U.S. and international copyright laws.

Cupsy Me LLC and the Cupsyme.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Cupsy Me LLC site are trademarks or trade dress of Cupsy Me LLC in the U.S. and other countries. All other marks are the property of their respective companies.

12. COLORS
We have made significant efforts to accurately display the colors of products that appear on the Cupsy Me LLC site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish.

13. PRIVACY
You acknowledge that any personal information that you provide through the Cupsy Me LLC site will be used by Cupsy Me LLC in accordance with Cupsy Me LLC’s Privacy Policy listed on our website, the terms of which are incorporated here by this reference.

14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Cupsy Me LLC and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Cupsy Me LLC site or any breach by you of this Agreement.

15. TERMINATION
This Agreement is effective unless and until terminated by either you or Cupsy Me LLC. You may terminate this Agreement at any time, provided that you discontinue any further use of the Cupsy Me LLC site. Cupsy Me LLC also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Cupsy Me LLC site, if in Cupsy Me LLC’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Cupsy Me LLC, you must promptly destroy all materials downloaded or otherwise obtained from the Cupsy Me LLC site, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the Cupsy Me LLC site,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the Cupsy Me LLC site,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”

16. DISCLAIMER
THIS SITE IS PROVIDED BY CUPSY ME LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUPSY ME LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CUPSY ME LLC SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE CUPSY ME LLC SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CUPSY ME LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CUPSY ME LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE CUPSY ME LLC SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE CUPSY ME LLC SITE, THAT YOUR USE OF THE CUPSY ME LLC SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

17. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL CUPSY ME LLC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE CUPSY ME LLC SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CUPSY ME LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL CUPSY ME LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE CUPSY ME LLC SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

18. GENERAL
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Cupsy Me LLC to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Cupsy Me LLC’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Colorado law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Cupsy Me LLC site must be brought in the state or federal courts of Colorado and you consent to the exclusive personal jurisdiction of such courts.

22. PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Cupsy Me LLC site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.