Terms and Conditions
Updated: May 2014
The Driver Digital - Cupcake Dressup Terms and Conditions
Use Of the Cupcake Dressup Web Site
Cupcake Dressup hereby authorizes you to view and download this Web Site and the information, data, names, images, pictures, logos and icons concerning, regarding or relating to Cupcake Dressup and its affiliates, products and services at this web site for informational and non-commercial purposes only. The information, data, names, images, pictures, logos, icons and the Web Site itself ("Materials") at this Web Site are owned and/or controlled by Cupcake Dressup, and any unauthorized use of any Materials at this Web Site may violate copyright, trademark, and other laws. In particular, we claim trademark, trade dress or similar rights in the names "Cupcake Dressup" as well as the look and feel of the Web Site, in whole or in part. Any copy of the Materials or portions thereof must include Cupcake Dressup copyright notice.
You are agreeing not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or otherwise circulate any such Material to any third party without the express prior written consent of Cupcake Dressup. You are agreeing not to add, alter, substitute or amend, partially or in whole, any Material displayed by Cupcake Dressup on this Web Site.
In addition, users of the site may post copyrighted information, which has copyright protection whether or not it is so identified. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
The Cupcake Dressup One-Stop-Rules
When you are using CupcakeDressup.com you must not:
- Bully other CupcakeDressup.com members or in other ways make them feel uncomfortable. (Treat others the way you wish to be treated)
- Ask other members for their (or give out your own) password, email addresses or other personal information, including photos
- Type your password anywhere except in the log in box on Cupcakedressup.com
- Break the law at Cupcake Dressup or talk others into breaking it
- Claim you belong to the Cupcake Dressup staff.
You also agree that:
- Obscenity is forbidden, and nothing you do and no content you provide will violate obscenity laws or relevant community standards;
- You will not do anything that harms the smooth operation of our site, or exploits our resources for your or third parties commercial gain;
- You will not publish falsehoods or misrepresentations that could damage us or any third party;
- You will not submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violates any law, or is otherwise inappropriate;
- Except as expressly provided in the Site, you will not post advertisements or solicitations of business;
- You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; and
- You will not encourage or otherwise depict drug use or violence as acceptable.
- You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.
If you violate any of these rules we can and may without waiver, terminate your permission to use the Site. We also reserve any and all other rights, including but not limited to seeking legal action, damages and/or injunctive relief.
Cupcake Dressup has created games for your entertainment on the Web Site (the "Games"). Except as permitted under applicable law, you may not distribute or otherwise exploit the Games or decompile, reverse engineer, disassemble, adapt its code (the "Software"), or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law
Use of the Web Site or any software, code, device or other mechanism that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client will result in immediate termination of your account. Cupcake Dressup reserves the right, in its sole and absolute discretion, to determine what constitutes manipulation of gameplay or game client.
Please note that any information, data, material or other communication you transmit or post to this Web Site will be deemed NOT to be confidential and non-proprietary ("User Submissions"). By sending Cupcake Dressup any information or material, you grant Cupcake Dressup the unrestricted, irrevocable, perpetual license to use, copy, have used, reproduce, display, modify, have modified, incorporate, sublicense, distribute or otherwise dispose of those information, data, material, and communication. You further agree that Cupcake Dressup is free to use any ideas, concepts, know-how or techniques that you send us for any purposes for all commercial and non-commercial purposes. You represent and warrant to us that you have not and will not upload any content that infringes the copyrights of any person.
However, Cupcake Dressup will not release your name or otherwise publish the fact that you submit materials or other information to us without your permission unless required to do so by law.
YOU ACKNOWLEDGE THAT PUBLIC FORUMS AND FEATURES OFFERED THEREIN ARE FOR PUBLIC AND NOT PRIVATE COMMUNICATIONS, AND YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY SUBMISSION TO A PUBLIC FORUM. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
We reserve the right to screen, refuse to post, remove, edit, store and/or review User Submissions at any time and from time to time and for any or no reason including, without limitation, to ensure that the User Submissions conforms to the One-Stop-Rules, in our absolute and sole discretion without prior notice. If we elect to screen User Submissions, there may be a delay in the posting of such content in our public forum to allow for a review process. If we have questions about your User Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
Disclaimer of Warranties; Liability Limitations
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MATERIAL ON OR AVAILABLE THROUGH THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF), AND THE SITE AND SERVICE THEMSELVES, ARE TO THE EXTENT ALLOWABLE BY LAW PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICE IS AT YOUR SOLE RISK.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SITE AND YOU HEREBY RELEASE US AND OUR EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION, TO THE EXTENT ALLOWABLE BY LAW.
CUPCAKE DRESSUP DOES NOT GUARANTEE THE COMPLETENESS OR ACCURACY OF THE MATERIALS PROVIDED FOR ON THIS WEB SITE. IT FURTHER DISCLAIMS ALL RESPONSIBILITY AS TO LINKS ON THIS WEB SITE, SUCH AS THEIR EXISTENCE OR THE ACCURACY.
Cupcake Dressup may make changes, improvements and/or modifications to the Materials displayed on this Web Site, or products and services referred to within, at any time without notice. The Material at this Web Site may be out of date and Cupcake Dressup makes no commitment to update it.
Material published at this Web Site may refer to products, programs or services that are not available in your country. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Other Web Sites and Links To Them
This Web Site may contain links or references to other web sites for your convenience. As soon as you use these links, you leave this Web Site. Cupcake Dressup has not reviewed these sites and has no control over such information. Thus, Cupcake Dressup has no obligation or responsibility regarding any content derived, obtained, accessed within, through or outside Cupcake Dressup Web Site. If you decide to access any of the third party sites linked to this Web Site, you do this entirely at your own risk.
Termination of Authorization
If you breach any of these Terms, your authorization to use this Web Site automatically terminates and you must immediately destroy any downloaded or printed Materials.
If you choose to access this Web Site, you do so on your own initiative and are responsible for compliance with applicable local laws. Cupcake Dressup makes no representation that Materials at this Web Site are appropriate or available for use outside United States, and access to them from territories where their contents might be illegal or prohibited may not be available.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, design patents, service marks, trade dress, trade names or trademark of Cupcake Dressup or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right to any copyright or other intellectual property rights in relation to any such information, data, products or services.
You may not export, copy, modify, or re-transmit any of the information or documents found at this or any other Cupcake Dressup web site in violation of any applicable domestic and international law and regulation (civil, criminal, external trade and military) governing the use of this information without exception or limitation.
Copyright and Trademark Infringement
If you believe that your copyrighted content has been infringed by one of our users, notify us as specified here, and we will we will expeditiously remove, or disable access to, the material. Be aware that the person who posted the material will have an opportunity to dispute your contention, which, if done properly, will require us to replace or restore access to the material. At that point, you must file a lawsuit against the person posting the material.
To report a copyright or trademark infringement by a Web Site user, please send the following information to email@example.com
- Your name, address, email address and phone number;
- A detailed description of the allegedly infringing material. Make sure to provide enough detail so we can identify the content in question;
- A statement, saying that you have a good faith belief that there is no legal basis for the use of the materials complained of; and
- A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner.
You are solely responsible for your interactions with other Cupcake Dressup Members. Cupcake Dressup reserves the right, but has no obligation, to monitor disputes between you and other Members.
Use of and Membership in Cupcake Dressup Profile Pages is void where prohibited. By using Cupcake Dressup Profile Pages, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of Cupcake Dressup Profile Pages does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
Although the administrators and moderators of Cupcake Dressup and everything else will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of Cupcake Dressup will be held responsible for the content of any message. By checking the box below, you agree to be held financially liable for any damages resulting from your misuse of this forum or violation of the rules or laws, including attorney fees.
You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that you assert, or may assert, based on or relating to your use, of the Site. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from violations by you, of any of the terms of this Agreement.
Although we contractually require all content providers to obey the law and obey our stringent rules and regulations, we have no actual control over their conduct. You understand and agree that we do not and cannot review all of the content related to our site or supplied by users. Therefore, the only way we can police this site is to rely on users' reports of abuse. Please write us at firstname.lastname@example.org tell us about any improper, unfair or illegal conduct related to our Web Site.
You may not assign any of your rights hereunder.
Jurisdiction and Law
This Agreement is governed by the law of the State of New York, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Each of the parties does hereby agree that any action to enforce, or arising out of or related to, this Agreement, will be decided by the state and Federal courts located in the Borough of Manhattan, New York, New York, and agrees to submit themselves to the jurisdiction of the courts of that forum.
The ownership and proprietary rights provisions set forth in this agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.
The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto. In the event a term, provision, section or subsection of this Agreement is held to be so unenforceable or invalid, that term, provision, section or subsection shall be limited or eliminated only insofar as necessary as to be enforceable or valid, when possible.
We reserve the right to terminate your permission to access the Web Site at any time, including deletion of your User Submissions, with cause or without cause, in the event of any breach of this Agreement by you, or any other circumstances which, in our discretion, justify termination. Further, we reserve the right to change the features of the Web Site at any time, either generally or selectively.
This Agreement embodies the entire agreement and understanding of the parties regarding the use of the Site, and supersedes all prior agreements, representations and understandings between the parties hereto relating to the subject matter hereof.
In the event of any action, suit, or proceeding arising from or based upon this agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.
No failure on our part to exercise or enforce any right or provision of this Agreement shall constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You may provide notice to us at the following email:email@example.com
We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
Anyone breaking the rules at Cupcake Dressup will be removed. DO NOT USE THE WEB SITE IF YOU DO NOT ACCEPT THE PROVISIONS STATED ABOVE!