Welcome to www.Cuddlist.com. CUDDLIST provides its services to you subject to the following terms.
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.
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
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
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
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
copyright infringement committed using the Cuddlist website if such claims are reported to Cuddlist’s
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
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)
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
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
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
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
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.
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
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
copyright, trademark or other intellectual property rights, CUDDLIST shall remove such content
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
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.
By visiting CUDDLIST’s Web site, you agree that the laws of the State of New Jersey, without regard to
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.
© 2015 CUDDLIST, LLC.