Cuddlist l Terms and Conditions

CUDDLIST TERMS OF USE

Welcome to www.Cuddlist.com. CUDDLIST provides its services to you subject to the following terms.

Please take a few minutes to review these. If you do not agree with any of these Terms of Use, do not use

CUDDLIST Web site.

In addition, when you use any current or future www.Cuddlist.com service or visit or purchase from any

practitioner of www.Cuddlist.com, you also will be subject to the guidelines and conditions applicable to

such service or business.

These Conditions apply to both visitors and practitioners of CUDDLIST, as applicable.

YOUR ACCOUNT

For purposes of identification, billing and marketing, you agree to provide CUDDLIST with current,

accurate, complete, and updated information required by the registration for online ordering, including your

legal name, address and telephone number(s). You agree to notify CUDDLIST immediately of any changes

in your registration data. Proceeding with the registration process indicates your intent to comply with this

term.

No one under the age of eighteen (18) may register or use the CUDDLIST site and by using the site or

registering you are verifying that you comply with this requirement.

CUDDLIST may terminate your account or delete your profile (including practitioner accounts and

profiles) for any or no reason, in CUDDLIST’s sole discretion. Such decisions are final, and may occur

with or without warning.

DELIVERY OF NOTIFICATION

You may receive e-mail notifications from CUDDLIST at the e-mail address provided in your registration.

Your acceptance of these Terms and Conditions constitutes the acceptance of web delivery of all info in

lieu of any other submission from CUDDLIST and failure to receive any other form of this data is not

defensible grounds for non-payment of monies due from you to CUDDLIST or any CUDDLIST

practitioner.

LICENSE AND SITE ACCESS

CUDDLIST grants you a limited license to access and make personal use of this site and not to download

(other than page caching) or modify it, or any portion of it, except with express written consent of

CUDDLIST. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home

page of CUDDLIST so long as the link does not portray CUDDLIST, its practitioners or their products or

services in a false, misleading, derogatory or otherwise offensive manner. You may not use any of

CUDDLIST’s logos or other proprietary graphics or trademarks as part of the link without express written

permission.

All content included on this site, such as text, graphics, logos, button icons, images, illustrations, page

headers, audio clips, video clips, digital downloads, data compilations and software is the property of

CUDDLIST or its practitioners/content suppliers and is protected by U.S. and international copyright laws.

The collection, compilation, assembly and arrangement of all content on this site is the exclusive property

of CUDDLIST and is protected by U.S. and international copyright laws.

Cuddlist respects the intellectual property rights of others and expects its users to do the same. In

accordance with the Digital Millennium Copyright Act, Cuddlist will respond expeditiously to claims of

Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive

right under copyright, please report alleged copyright infringements taking place on or through Cuddlist’s

website by completing the following DMCA Notice of Alleged Infringement and delivering it to Cuddlist’s

Designated Copyright Agent. Upon receipt of Notice as described below, Cuddlist will take whatever

action, in its sole discretion, it deems appropriate, including removal of the challenged content.

DMCA Notice of Alleged Infringement (“Notice”)

 Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted

works are covered by this Notice – you may provide a representative list of the copyrighted works

that you claim have been infringed.

 Identify the material or link you claim is infringing (or the subject of infringing activity) and to

which access is to be disabled, including at a minimum, if applicable, the URL of the link shown

on the Cuddlist website or the exact location where such material may be found.

 Provide your company affiliation (if applicable), mailing address, telephone number, and, if

available, email address.

 Include both of the following statements in the body of the Notice:

o “I hereby state that I have a good faith belief that the disputed use of the copyrighted

material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair

use).”

o “I hereby state that the information in this Notice is accurate and, under penalty of

perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright

or of an exclusive right under the copyright that is allegedly infringed.”

 Provide your full legal name and your electronic or physical signature.

 Deliver this Notice, with all items completed, to Cuddlist’s Designated Copyright

Agent:____________________________________ (email and hard copy address)

COUNTER NOTICES

One who has posted material that allegedly infringes a copyright may send Cuddlist a counter notice

pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Cuddlist receives a counter notice, we

may in our discretion reinstate the material in question unless we first receive notice from the copyright

claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter

notice to us, please return the following form to Cuddlist’s Designated Copyright Agent. Please note that if

you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given

to the complaining party.

• Identification of the material that has been removed or to which access has been disabled on

Cuddlist’s website and the location at which the material appeared before it was removed or

access to it was disabled:

• Include the following statements in the body of the Counter Notice:

o I hereby state under penalty of perjury that I have a good faith belief that the material was

removed or disabled as a result of mistake or misidentification of the material to be

removed or disabled.

o I hereby state that I consent to the jurisdiction of the Federal District Court for the

judicial district in which my address is located or, if my address is outside of the United

States, for any judicial district in which Cuddlist may be found, and I will accept service

of process from the complaining party who notified Cuddlist of the alleged infringement

or an agent of such person

• Your name, address, telephone number and email address:

• Your physical or electronic signature (full legal name)

• Deliver this Counter Notice, with all items completed, to Cuddlist’s Designated Copyright Agent

listed above.

TRADEMARKS

CUDDLIST and other marks indicated on our site from time to time are trademarks of CUDDLIST in the

U.S. or other jurisdictions. The absence of a mark from being listed here should not be viewed as a waiver

by CUDDLIST of any of its rights concerning that mark. Other CUDDLIST product or service names,

logos, graphics, page headers, button icons and scripts are trademarks or trade dress of CUDDLIST and

may not be used in connection with any product or service that is not CUDDLIST’s in any manner, but

especially that which is likely to cause confusion in the marketplace or in any matter that disparages or

discredits CUDDLIST. All other trademarks not owned by CUDDLIST that appear on this site are the

property of their respective owners who may or may not be affiliated with or connected to CUDDLIST.

You are not permitted to use any mark displayed on this site for any purpose without the prior written

consent of the owner.

If you believe that your trademark (the “Mark”) appears on the Cuddlist website in a way that constitutes

trademark infringement, please provide Cuddlist’s Designated Copyright Agent (specified above) with the

following information:

 Your physical or electronic signature, or a physical or electronic signature of a person authorized

to act on your behalf;

 Information reasonably sufficient to permit Cuddlist to contact you or your authorized agent,

including a name, address, telephone number and, if available, an email address;

 Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a

copy of each relevant federal trademark registration certificate or (ii) for common law or other

Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of

your use of the Mark, and the time period and geographic area in which the Mark has been used by

you;

 Information reasonably sufficient to permit Cuddlist to identify the use being challenged;

 A statement that you have not authorized the challenged use, and that you have a good-faith belief

that the challenged use is not authorized by law; and

 A statement under penalty of perjury that all of the information in the notification is accurate and

that you are the Mark owner, or are authorized to act on behalf of the Mark owner.

Upon receipt of notice as described above, Cuddlist will seek to confirm the existence of the Mark on the

Cuddlist website, notify the user who posted the content including the Mark, and take whatever action, in

its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the

Site.

A registered user may respond to notice of takedown by showing either (a) that the Mark has been

cancelled, or has expired or lapsed or (b) that the registered user has a trademark registration, an unexpired

license covering the use, or some other relevant right to the Mark, or (c) that the use is for other reasons

shown by the registered user non-infringing. If the registered user makes an appropriate showing of either

(a), (b) or (c) then Cuddlist may exercise its discretion not to remove the Mark. If Cuddlist decides to

comply with a takedown request, it will do so within a reasonably expeditious period of time.

Notwithstanding the foregoing, Cuddlist will comply as appropriate with the terms of any court order

relating to alleged trademark infringement on the Site.

CUDDLIST HAS NO OBLIGATION TO ADJUDICATE IP CLAIMS – USER’S AGREEMENT TO

HOLD US HARMLESS FROM CLAIMS

Claimants and users must understand that Cuddlist is not an intellectual property tribunal. While we may in

our discretion use the information provided in order to decide how to respond to infringement claims, we

are not responsible for determining the merits of such claims. If a user responds to a claim of infringement

by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or

maintain the content, the user will defend and hold Cuddlist harmless from any resulting claims of

infringement brought against Cuddlist.

PRACTITIONERS

CUDDLIST provides a venue for practitioners to advertise and sell their services. CUDDLIST and its

subsidiaries are not responsible for examining or evaluating and does not endorse or warrant the offerings

of any of these businesses, practitioners or individuals or the content of any Web Sites that may be

affiliated with such practitioners. CUDDLIST does not assume any responsibility or liability for the

actions, product, and content of all these, including practitioners and any other third parties. Your dealings

with them are strictly between you and them and you should carefully review their privacy statements and

other conditions of use.

Notwithstanding the foregoing, CUDDLIST does offer a 100% return policy in the event you engage the

services of a practitioner and decide during the first fifteen (15) minutes of a first time session with such

practitioner to terminate such session. Practitioners have the right to terminate a first-time session at any

time as well, and if such termination is made during the first fifteen (15) minutes, you will receive a full

refund.

ADDITIONAL TERMS APPLICABLE ONLY TO PRACTITIONERS

By registering as a practitioner on CUDDLIST’s Web Site, you certify to CUDDLIST that you are fully

compliant with all federal, state and local laws, and that any information, photos or videos you upload to

CUDDLIST are also compliant with all applicable laws.

In the event a third party contacts CUDDLIST claiming that content submitted to the site violates their

immediately.

You acknowledge that CUDDLIST may review photos and videos that you upload to the Web site, and will

immediately remove any questionable content.

You agree to abide by any CUDDLIST rules or codes of conduct governing practitioners, whether included

on the CUDDLIST website or conveyed to you in a CUDDLIST orientation session. Any reported violation

of such rules may result in immediate removal from the CUDDLIST site. You have the right to refuse

service to any client engaged through the CUDDLIST website.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE INFORMATION, AND SERVICES ON THIS WEB SITE ARE PROVIDED ON AN “AS IS,” AND

“AS AVAILABLE” BASIS. CUDDLIST MAKES NO REPRESENTATIONS OR WARRANTIES OF

ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE

INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEB SITE OR

YOUR USE OF THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE

IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW,

CUDDLIST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS

WEB SITE INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-

INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND USE.

NEITHER CUDDLIST, NOR ANY OF ITS DIRECTORS, OFFICERS OR EMPLOYEES WILL BE

LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT

YOU INCUR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED

IN MAKING THIS WEB SITE, THE DATA CONTAINED HEREIN OR THE SERVICES OFFERED

ON THIS WEB SITE AVAILABLE TO YOU, BY [ADVERTISER/CUDDLERS] OR FROM ANY

OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE

WEB SITE ORTHE SERVICES OFFERED HEREIN, WHETHER OR NOT THE CIRCUMSTANCES

GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CUDDLIST. IN

NO EVENT WILL CUDDLIST OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN

CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR

INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, EVEN IF CUDDLIST OR

ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE

EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,

SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT

APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF ANY PART OF THIS

LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY

REASON, THEN THE AGGREGATE LIABILITY OF CUDDLIST UNDER SUCH CIRCUMSTANCES

FOR LIABILITIES WHICH OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED

$10.

ONLINE SERVICES

To the extent you utilize CUDDLIST’s Web site, you acknowledge that there is no guarantee that

communications or transactions conducted online will be secure. CUDDLIST’S WEB SITE IS

PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER

EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE AND USE.

APPLICABLE LAW

By visiting CUDDLIST’s Web site, you agree that the laws of the State of New Jersey, without regard to

principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that may arise

between you and CUDDLIST or its practitioners. You agree that any dispute relating in any way to your

visit to this Web site shall be submitted to any state or federal court in the State of New Jersey, and you

consent to exclusive jurisdiction and venue in such courts.

Because CUDDLIST does not own, produce or hold records related to the photos practitioners may upload

to CUDDLIST, CUDDLIST is exempt from United States Code, Title 18, Section 2257.

SITE POLICIES, MODIFICATIONS AND SEVERABILITY

Please review our other policies, such as those relating to Privacy that are posted on this site. These policies

also govern your visit to this web site. We may make changes to our site, policies and these Terms and

Conditions at any time, so you should review the policies and these Terms and Conditions each time you

visit the site. If any of these Terms and Conditions shall be deemed invalid, void or for any reason

unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability

of any remaining condition. You also may be subject to additional terms and conditions that may apply

when you use affiliate services. The failure of CUDDLIST to exercise or enforce any right or provision

shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to

the contrary, any claim or cause of action arising out of or related to use of the site must be filed within six

(6) months after such claim arose or be forever barred.

THESE TERMS AND CONDITIONS OF USE MAY CHANGE

CUDDLIST reserves the right to update or modify these Terms and Conditions of Use at any time without

prior notice. Your use of this Web site following any such change constitutes your agreement to follow and

be bound by the Terms and Conditions of Use as changed. For this reason, we encourage you to review

these Terms and Conditions of Use whenever you use the www.Cuddlist.com Web site.

Terms & Conditions

Terms & Conditions