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Terms and Conditions

  • Written by JanetJanet Add Comments Comments
    Last Updated: January 1, 2009

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    By “your” use of this site “you” declare that “you” are atleast 18 years of age or over

    PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS (“Terms”) MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THIS SITE as a member or not (“you” or “your”) , YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.

    Membership accounts
    You will have access to your account with your own user name and password. You are responsible for maintaining the confidentiality of your account and your password. Any activity that occurs under that username is the responsibility of that user, including but not limited to, any material transmitted between members. Allowing another user to utilize your username and/or password will grant us the right to terminate your membership.

    Use of this site or any of its sub domains is done so at your own risk and your own discretion!!!!

     

    Her Majesty can terminate your membership at any time for any reason or no reason at all with or without your consent or prior notice without any explanation provided; however, this agreement would still remain in effect.

    You acknowledge that membership to this site is made available for free. However, we reserve the right to make it a paid membership at any time.This site is reserved for personal use only. Any advertising or commercial use will be published with the discretion of Her Majesty, with prior written permission.

    Her Majesty reserves the right to restrcict the number of emails which a member may send to another member in a 24 hour period.  Her Majesty chooses this number at its discretion.


    Membership Disputes

    You and you alone, are responsible for your interactions on any part of this site or sub domains with other members. Her Majesty has no obligation to you or another member to become involved with any disputes you may have, but at our discretion, we reserve to right to intervene and mediate. We will not guarantee a solution. We reserve to right to terminate any or all memberships of any or all parties involved.

    Privacy Policy

    We respect your privacy. Please review our policy. 

    Proprietary Rights as between you and Us
    Her Majesty owns, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Flash files, etc.), code, data and materials thereon, design and organization of the site, and the compilation of the content, code, data and materials on the site, including but not limited to any copyrights, trademark rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the site or sub domains does not grant to you ownership of any content, code, data or materials you may access on or through the site.

    Limited License
    We grant you access to view the content on this site on your computer or other device. Use of this site and the services offered on or through the site, are only for your personal, non-commercial use.
    Advice for Entertainment Purpose ONLY 
    The content on this site is for entertainment purposes only and provided “as is”. This site may contain facts, views, opinions, advice or statements of various members or third party affiliates. We do not check the accuracy of comments that may be recommending advice to you. If you need advice, legal, medical or any other, seek professional help. You knowingly acknowledge that any reliance on facts, views, opinions, advice or statements made on this site will be so at your own risk. We do not provide legal or medical recommendations.

    Content Posted
    This site may contain material offensive to you. If you find these materials offensive, you may not want to use our site.You certify that any person pictured in the submitted media authorizes you to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; you agree to indemnify Her Majesty and its affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms.

    We reserve the right to review all media and/or content posted to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

    We may, but we are not obligated to, monitor or review any areas on the site where users transmit or post communications or communicate solely with each other. Her Majesty, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, and obscenity or otherwise.

    Prohibited Content & Activity
    Prohibited Content and Activity includes Content or other material or media that Her Majesty believes to be:
    1. offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harassing in nature or promotes harassment of another person or stalking;
    3. inappropriate transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; **
    4. promoting information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    5. promoting the illegal or unauthorized duplication of another person’s copyrighted work;
    6. containing restricted or password only access pages, or hidden pages or images;
    7. providing material that exploits any person in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
    8. providing instructional information or advocating illegal activities;
    9. soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
    10. promoting commercial activities and/or sales without our prior written consent, such as political pandering, contests, sweepstakes, barter, advertising, or pyramid schemes;
    11. posting any photos or video, of nudity or humans engaging in ANY sexual acts or activities or conduct;
           Or any links that can be referenced to any of the above prohibited.

    **any unauthorized transmissions are subject to a twenty five US dollar ($25) fee per offense for resonable estimation of damages.


    Unlawful and Illegal Activity

    If you engage in ANY illegal activity on this site or any sub domain we will share or provide information with the proper authorities. ANY such activity includes but is NOT limited to the following:
    Prostition
    Child nudity
    Exposing children
    Pirated music files
    Drug dealing
    Gambling

    Copyright and Intellectual Property
    Her Majesty does not grant the use of copying, transmitting or reproducing of any material on the site without prior written authorization.

    Her majesty respects the intellectual property rights of others and requires our members to do the same. You may not post, email, transmit, upload, embed or make available the copyright, patent, trademark, trade secrets, original works of any person or corporation that infringes upon their original intellectual property, unless you have the lawful to distribute and reproduce such content. Her Majesty has the right to terminate membership of any member that has violated this term and condition.

    If you feel that your intellectual property has been copied or posted, please mail a letter including all details to: Cougar Candy Store, 7032 Comstock Ave Suite 201, Whittier, CA 90602.

    Trademarks

    Her Majesty has a no-tolerance policy regarding the use of our trademarks or names in any manner. Any use of Her Majesty keywords is trademark infringement. Any Association of Her Majesty where it is not originating from the site is expressly prohibited. Unauthorized use of this site may give rise to a claim for damages and/or be a criminal offense. Her Majesty prohibits use of the logo as part of a link to or from any site unless establishment of such a link is approved in advance by Her Majesty in writing.


    Health Notice

    Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns or flash images on a computer screen like those displayed when using the site. Consult your physician prior to using the site if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the site immediately if you experience any such symptoms.

    Product Descriptions

    On the site the products are described as accurately as possible. We do not warrant that the product descriptions are complete or free from errors. We cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

    Third party Links

    Her Majesty makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this site, or web sites linking to this site.

    If you choose to enter a third party site, you are responsible for reading the terms and conditions of such said site. You enter at your own risk and discretion.


    Indemnification

    You agree to indemnify Her Majesty and any provider, and each of their respective officers, directors, employees and affiliates from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Her Majesty as a result of your breach of any of the following: these Terms or the documents made part of these Terms by reference, your violation of any law or the rights of a third party or your use of our Site.

    Limitation of Liability

    Her Majesty accepts NO responsibility or liability for content which is lost, delayed, misdirected or corrupted during delivery to or from the member due to any computer malfunction, virus, bug, delay or other reason whatsoever.WITHOUT LIMITING THE FOREGOING, HER MAJESTY SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF YOUR USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR LIABILITY EXCEED ONE U.S. DOLLAR ($1).

    Certain States may not allow limitations on liability, you may have additional rights.

    Site Solicitation

    *No solicitation from other rival Cougar sites is allowed or tolerated*

    Disclaimer of Warranty
    Your use of this site is “as is” for general and entertainment purposes only and Her Majesty makes no representations or warranties of any kind, expressed or implied.We do not warrant, or make any representations that: (a) the site will meet your requirements; (b) the site will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the site will be accurate or reliable; or (d) Her majesty or material accessible through the site is free of viruses or other harmful components.

    Some states and other jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you in whole or in part.


    Jurisdiction
    These terms will be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site will be brought only in the courts of the State of California.

    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 our site, services or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

    Cancellation

    You may cancel membership at any time by sending e-mail to admin@cougarcandystore.com  just include your e-mail address and screen name you signed up with.

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