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Copyright Cutesy Names, LLC. 2009. All rights reserved.
info@cutesynames.com
info@cutesynames.com
Terms of Use/Terms of Sale
contract between you and Cutesy Names, LLC. ("Cutesy Names"), the owner and operator of the website which can be
found at cutesynames.com (the “Site”). Your use of the Site signifies and constitutes your acceptance of this Agreement,
as it may be amended or supplemented from time to time.
This Agreement is intended to supplement the Terms of Sale.
Terms of Use:
General Conditions of Use
Cutesy Names hopes you enjoy the Site and use it safely and constructively. Your use of the Site does not entitle you to
continue to use the Site. Your use of the Site is at the sole discretion of Cutesy Names, which may deny you further use
of
the Site at any time, for any reason, with or without cause.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent
not to use the Site to:
upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or
otherwise objectionable or harasses or advocates harassment of another person or promotes information that you
know is false, misleading or promotes illegal activities;
impersonate any person or entity, including, but not limited to, an Michaels official, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright
or other proprietary right of any party;
upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer software, network,
hardware or telecommunications equipment;
upload, post, e-mail, or otherwise transmit any content that involves the transmission of “junk mail,” “chain letters”
or unsolicited mass mailing or “spamming”;
falsify or delete any copyright management information, such as author attributions, legal or other proper notices,
proprietary designations, or labels of the origin or source of any material included on or uploaded to the Site;
advertise or offer to sell or buy any goods or services for any business purpose; or
do any other act which is otherwise inappropriate for the Site, in Cutesy Names’ sole judgment.
Access and Interference
Systematic retrieval of data from this site to create or compile directly or indirectly, in whole or in part, a collection,
compilation, database or directory without the express written permission of Cutesy Names is strictly prohibited. You
agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web
pages
or the content contained herein without our prior expressed written permission. You agree that you will not use any
device,
software or routine to bypass any code which may be included to prevent you from breaching the obligations in this
paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take
any
action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the
purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any
manner or in any quantities not authorized by Cutesy Names. You may not frame or utilize framing techniques to enclose
any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cutesy Names or its
affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing Cutesy
Names’ name or trademarks without the express written consent of Cutesy Names.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
Cutesy Names grants you a personal, revocable, nontransferable, and non-exclusive right and license to use the object
code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify,
create a
derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code (except and
solely to the extent required to be permitted under law); sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the software contained in or other intellectual property included on the Site.
Cutesy Names, the Cutesy Names logo, cutesynames.com, the cutesynames.com logo, and other trademarks, logos,
and product names (collectively, the “Marks”) are owned or licensed by Cutesy Names, LLC. You agree not to copy,
display or otherwise use any of the Marks without the prior written permission of Cutesy Names.
You may not utilize the Site design or layout. Page headers, custom graphics, button icons, scripts and other elements of
the Site are service marks, trademarks, and/or trade dress of Cutesy Names may not be copied, imitated, or used, in
whole or in part, without the prior written permission of Cutesy Names.
The entire Site, and all object code and source code associated therewith, are copyright Cutesy Names, LLC. All rights
reserved. The arrangement and compilation of all content on this Site are the exclusive property of Cutesy Names and are
protected by U.S. and international copyright laws.
No part of this Site may be reproduced, used or appropriated in any manner for any purpose without the express written
consent of Cutesy Names.
Third Party Copyrights
Cutesy Names respects the intellectual property of authors and creators of visual images and we ask our customers to do
the same. A copyright exists in nearly all images and artwork. Copyright vests in its owner the exclusive right to make
copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law
provides both civil and criminal penalties for violation of a copyright. Michaels and its customers are each subject to the
copyright laws.
If you have any questions, you should consult a lawyer who specializes in copyright law.
Links to Other Sites; Framing this Site
The Site may contain links to third party websites. Such third party websites are not under the control of Cutesy Names.
Please note that Cutesy Names is not responsible for the accuracy or content of websites of other providers, even if a
link
has been provided from this Site. Accordingly, Cutesy Names can neither make a representation concerning the content
of
these sites to you nor can the fact that Cutesy Names has provided this link serve as an endorsement by Cutesy Names
of this or any other site. In creating hypertext links to any other website, Cutesy Names is not recommending that
website
or giving any assurances as to its standing. Cutesy Names is providing this link only as a convenience to you. The
inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or
products or services offered, on these outside sites, or the organizations sponsoring the sites. Cutesy Names makes no
warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the
contents
of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
You may not frame or utilize framing techniques to enclose any portion of this Site (including any image found on this Site,
any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on
this
Site) without prior express written consent.
Comments and Submissions
Cutesy Names appreciates your comments, remarks, feedback, suggestions, ideas and other submissions you disclose
or transmit directly to us (collectively, “Your Comments”). Cutesy Names is not obligated to keep Your Comments
confidential or pay you or anyone else any money for Your Comments. Your Comments shall become the property of
Cutesy Names upon receipt, which means that Cutesy Names shall own all right, title and interest in and to Your
Comments.
Indemnification
You agree to defend, indemnify, and hold completely harmless Cutesy Names and its officers, agents and employees
from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the
negligence of Cutesy Names, arising from or related to your use of the Site, the materials it contains, and any sites linked
to this Site. You further agree to Indemnify and hold us, our affiliates, and our agents, and employees harmless from any
loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your
negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out of your
use
of the Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
CUTESY NAMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION,
AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED
HEREUNDER, CUTESY NAMES’ EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR
NEEDS;
CUTESY NAMES ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS; AND
CUTESY NAMES IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE,
WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH
OR UTILIZED IN THE SITE.
CUTESY NAMES MAKES NO WARRANTY THAT:
YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR
ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUTESY NAMES OR THROUGH THIS
SITE SHALL CREATE ANY WARRANTY. CUTESY NAMES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
CONDUCT OF ANY INDIVIDUALS WHO USE THIS SITE.
YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES
AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE
SITE.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO
YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limitations and Exclusions of Liability
IN NO EVENT SHALL CUTESY NAMES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT,
GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO
YOUR USE OF THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CUTESY NAMES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CUTESY
NAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SITE;
ANY PURCHASE RESULTING FROM YOUR USE OF THE SITE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
ANY OTHER MATTER RELATING TO THE SITE.
CUTESY NAMES SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION
TO THE INFORMATION PROVIDED IN THIS SITE.
YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES
AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE
SITE OR MERCHANDISE ORDERED AS A RESULT OF INTERACTIONS WITH THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO
ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.
NOTWITHSTANDING THE FOREGOING, CUTESY NAMES’ LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO
AN AMOUNT NOT TO EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON
OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST MICHAELS ARISING OUT OF
THE USE OF THE SITE.
Modification
Because of the dynamic nature of the Internet environment, Cutesy Names may update, revise, supplement, modify or
amend this Agreement at any time. Any update, revision, supplementation, modification or amendment shall be effective
immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is
updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether
you have used or continue to use the Site after the updates, revisions, supplementations, modifications or amendments.
Entire Agreement; Interpretation
This Agreement constitutes the entire agreement between you and Cutesy Names with respect to your use of the Site.
There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to
your use of the Site except as set forth in this Agreement, and you agree that you have not relied on any other
representations, warranties, terms, agreements, or conditions. The section headings used herein are for convenience
only and shall not be given any legal import.
Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or
other
tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the
extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the
objective of achieving as nearly as legally possible the same effect. All other provisions will remain in effect.
Governing Law and Venue
This Agreement, the entire relationship between you and Cutesy Names, and any litigation or other legal proceeding
between you and Cutesy Names (whether grounded in tort, contract, statute, law, or equity) shall be governed by and
construed in accordance with the laws of the State of Maine, without giving effect to its choice of law rules. Reasonable
attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or
interpretation of this Agreement.
This contract is fully performable in York, Maine. Any litigation arising between the parties hereto shall be brought only
in
the state or federal courts having subject matter jurisdiction in York County, Texas. You hereby irrevocably and
unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any
defense
of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with
respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile
of
any party thereto.
Term; Termination
This Agreement will remain in full force and effect while you use the Site.
Cutesy Names may terminate your right to use this Site, with or without cause at any time in its sole discretion, including,
without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the
event
of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
Waiver
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or
option
provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any
way be
construed as a waiver of such provisions.
Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other
communications that we provide to you by email satisfy any legal requirement that such communications be in writing. If
you have other questions about how we might use your e-mail address please contact us.
Contact Information
If you have a comment, question or request, or if you need to contact Cutesy Names for any other reason, please click
here.
found at cutesynames.com (the “Site”). Your use of the Site signifies and constitutes your acceptance of this Agreement,
as it may be amended or supplemented from time to time.
This Agreement is intended to supplement the Terms of Sale.
Terms of Use:
General Conditions of Use
Cutesy Names hopes you enjoy the Site and use it safely and constructively. Your use of the Site does not entitle you to
continue to use the Site. Your use of the Site is at the sole discretion of Cutesy Names, which may deny you further use
of
the Site at any time, for any reason, with or without cause.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent
not to use the Site to:
upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or
otherwise objectionable or harasses or advocates harassment of another person or promotes information that you
know is false, misleading or promotes illegal activities;
impersonate any person or entity, including, but not limited to, an Michaels official, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright
or other proprietary right of any party;
upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer software, network,
hardware or telecommunications equipment;
upload, post, e-mail, or otherwise transmit any content that involves the transmission of “junk mail,” “chain letters”
or unsolicited mass mailing or “spamming”;
falsify or delete any copyright management information, such as author attributions, legal or other proper notices,
proprietary designations, or labels of the origin or source of any material included on or uploaded to the Site;
advertise or offer to sell or buy any goods or services for any business purpose; or
do any other act which is otherwise inappropriate for the Site, in Cutesy Names’ sole judgment.
Access and Interference
Systematic retrieval of data from this site to create or compile directly or indirectly, in whole or in part, a collection,
compilation, database or directory without the express written permission of Cutesy Names is strictly prohibited. You
agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web
pages
or the content contained herein without our prior expressed written permission. You agree that you will not use any
device,
software or routine to bypass any code which may be included to prevent you from breaching the obligations in this
paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take
any
action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the
purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any
manner or in any quantities not authorized by Cutesy Names. You may not frame or utilize framing techniques to enclose
any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cutesy Names or its
affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing Cutesy
Names’ name or trademarks without the express written consent of Cutesy Names.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
Cutesy Names grants you a personal, revocable, nontransferable, and non-exclusive right and license to use the object
code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify,
create a
derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code (except and
solely to the extent required to be permitted under law); sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the software contained in or other intellectual property included on the Site.
Cutesy Names, the Cutesy Names logo, cutesynames.com, the cutesynames.com logo, and other trademarks, logos,
and product names (collectively, the “Marks”) are owned or licensed by Cutesy Names, LLC. You agree not to copy,
display or otherwise use any of the Marks without the prior written permission of Cutesy Names.
You may not utilize the Site design or layout. Page headers, custom graphics, button icons, scripts and other elements of
the Site are service marks, trademarks, and/or trade dress of Cutesy Names may not be copied, imitated, or used, in
whole or in part, without the prior written permission of Cutesy Names.
The entire Site, and all object code and source code associated therewith, are copyright Cutesy Names, LLC. All rights
reserved. The arrangement and compilation of all content on this Site are the exclusive property of Cutesy Names and are
protected by U.S. and international copyright laws.
No part of this Site may be reproduced, used or appropriated in any manner for any purpose without the express written
consent of Cutesy Names.
Third Party Copyrights
Cutesy Names respects the intellectual property of authors and creators of visual images and we ask our customers to do
the same. A copyright exists in nearly all images and artwork. Copyright vests in its owner the exclusive right to make
copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law
provides both civil and criminal penalties for violation of a copyright. Michaels and its customers are each subject to the
copyright laws.
If you have any questions, you should consult a lawyer who specializes in copyright law.
Links to Other Sites; Framing this Site
The Site may contain links to third party websites. Such third party websites are not under the control of Cutesy Names.
Please note that Cutesy Names is not responsible for the accuracy or content of websites of other providers, even if a
link
has been provided from this Site. Accordingly, Cutesy Names can neither make a representation concerning the content
of
these sites to you nor can the fact that Cutesy Names has provided this link serve as an endorsement by Cutesy Names
of this or any other site. In creating hypertext links to any other website, Cutesy Names is not recommending that
website
or giving any assurances as to its standing. Cutesy Names is providing this link only as a convenience to you. The
inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or
products or services offered, on these outside sites, or the organizations sponsoring the sites. Cutesy Names makes no
warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the
contents
of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
You may not frame or utilize framing techniques to enclose any portion of this Site (including any image found on this Site,
any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on
this
Site) without prior express written consent.
Comments and Submissions
Cutesy Names appreciates your comments, remarks, feedback, suggestions, ideas and other submissions you disclose
or transmit directly to us (collectively, “Your Comments”). Cutesy Names is not obligated to keep Your Comments
confidential or pay you or anyone else any money for Your Comments. Your Comments shall become the property of
Cutesy Names upon receipt, which means that Cutesy Names shall own all right, title and interest in and to Your
Comments.
Indemnification
You agree to defend, indemnify, and hold completely harmless Cutesy Names and its officers, agents and employees
from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the
negligence of Cutesy Names, arising from or related to your use of the Site, the materials it contains, and any sites linked
to this Site. You further agree to Indemnify and hold us, our affiliates, and our agents, and employees harmless from any
loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your
negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out of your
use
of the Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
CUTESY NAMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION,
AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED
HEREUNDER, CUTESY NAMES’ EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR
NEEDS;
CUTESY NAMES ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS; AND
CUTESY NAMES IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE,
WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH
OR UTILIZED IN THE SITE.
CUTESY NAMES MAKES NO WARRANTY THAT:
YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR
ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUTESY NAMES OR THROUGH THIS
SITE SHALL CREATE ANY WARRANTY. CUTESY NAMES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
CONDUCT OF ANY INDIVIDUALS WHO USE THIS SITE.
YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES
AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE
SITE.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO
YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limitations and Exclusions of Liability
IN NO EVENT SHALL CUTESY NAMES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT,
GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO
YOUR USE OF THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CUTESY NAMES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CUTESY
NAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SITE;
ANY PURCHASE RESULTING FROM YOUR USE OF THE SITE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
ANY OTHER MATTER RELATING TO THE SITE.
CUTESY NAMES SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION
TO THE INFORMATION PROVIDED IN THIS SITE.
YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES
AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE
SITE OR MERCHANDISE ORDERED AS A RESULT OF INTERACTIONS WITH THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO
ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.
NOTWITHSTANDING THE FOREGOING, CUTESY NAMES’ LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO
AN AMOUNT NOT TO EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON
OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST MICHAELS ARISING OUT OF
THE USE OF THE SITE.
Modification
Because of the dynamic nature of the Internet environment, Cutesy Names may update, revise, supplement, modify or
amend this Agreement at any time. Any update, revision, supplementation, modification or amendment shall be effective
immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is
updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether
you have used or continue to use the Site after the updates, revisions, supplementations, modifications or amendments.
Entire Agreement; Interpretation
This Agreement constitutes the entire agreement between you and Cutesy Names with respect to your use of the Site.
There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to
your use of the Site except as set forth in this Agreement, and you agree that you have not relied on any other
representations, warranties, terms, agreements, or conditions. The section headings used herein are for convenience
only and shall not be given any legal import.
Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or
other
tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the
extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the
objective of achieving as nearly as legally possible the same effect. All other provisions will remain in effect.
Governing Law and Venue
This Agreement, the entire relationship between you and Cutesy Names, and any litigation or other legal proceeding
between you and Cutesy Names (whether grounded in tort, contract, statute, law, or equity) shall be governed by and
construed in accordance with the laws of the State of Maine, without giving effect to its choice of law rules. Reasonable
attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or
interpretation of this Agreement.
This contract is fully performable in York, Maine. Any litigation arising between the parties hereto shall be brought only
in
the state or federal courts having subject matter jurisdiction in York County, Texas. You hereby irrevocably and
unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any
defense
of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with
respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile
of
any party thereto.
Term; Termination
This Agreement will remain in full force and effect while you use the Site.
Cutesy Names may terminate your right to use this Site, with or without cause at any time in its sole discretion, including,
without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the
event
of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
Waiver
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or
option
provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any
way be
construed as a waiver of such provisions.
Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other
communications that we provide to you by email satisfy any legal requirement that such communications be in writing. If
you have other questions about how we might use your e-mail address please contact us.
Contact Information
If you have a comment, question or request, or if you need to contact Cutesy Names for any other reason, please click
here.