We hope you enjoy your experience on the Website!
Modification of Terms of Use: Cat Cora Productions, LLC (“CCP”, “We”,
“Us”) is the owner of the Website. We reserve the right, in our sole
discretion, to modify or replace any of the Terms at any time. So it’s
advisable that you periodically review the Terms for any changes. Your
continued use of the Website following the posting of any changes to the
Terms constitutes acceptance of those changes.
Privacy Policy: Our Privacy Statement is located on the Privacy page
and is fully incorporated into these Terms of Use. For inquiries
regarding our Privacy Policy, or to report a privacy related problem,
please contact
info@catcora.com.
User Account: You do not have to register in order to visit the Website.
To access certain features of the website, though, including posting
reviews and commenting on other members' reviews, you will need to
register with the Website and create a "Member" account. Your account
gives you access to the services and functionality that we may establish
and maintain from time to time and in our sole discretion.
You may never use another Member’s account without permission. When
creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs on
your account, and you must keep your account password secure. You must
notify us immediately of any breach of security or unauthorized use of
your account. Although we will not be liable for your losses caused by
any unauthorized use of your account, you shall be liable for the losses
of CCP or others due to such unauthorized use.
By providing us with your email address in setting up your “Member”
account you consent to our using the email address to send you messages,
including changes to features of the Website and special offers, if
any. If you do not want to receive such email messages, you may opt out
by emailing us at
info@catcora.com.
Opting out will prevent you from receiving email messages regarding
updates, improvements, or offers.
Prohibited Conduct: When using the Website you agree not to engage in
any of the following prohibited activities: (i) forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
content transmitted through the Website or develop restricted or
password-only access pages, or hidden pages or images (those not linked
to from another accessible page); (ii) submit or otherwise transmit any
content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party; (iii) submit or otherwise
transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation; (iv) submit 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 or hardware or telecommunications
equipment; (v) interfere with or disrupt the servers or networks
connected to the Website, or disobey any requirements, procedures,
policies or regulations of networks connected to the Website; (vi)
re-establish an account after your account has been terminated; (vii)
use any automated or non-automated means to access, copy or distribute
any portion of the Website or collect any information from the Website,
including without limitation, the use of so-called “robots”, “spiders”,
“offline readers”, etc.; (viii) provide any content that contains
viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines that are intended to damage, interfere with,
intercept or expropriate any system, data or personal information; (ix)
customize the Website in a way that adversely affects the display of any
advertising or promotional links on the Website; (x) modify or create
variant versions of the Website’s logos or other trademarks; (xi) speak
or act on behalf of the Website, including but not limited to,
describing yourself as a Website employee, affiliate or spokesperson for
the Website; (xii) knowingly or unknowingly use the Website to violate
any applicable local, state, national or international law; (xiii)
collect or harvest any personally identifiable information, including
account names and email address; (xiv) use the Website for commercial
solicitation purposes; and/or (xv) bypass the measures we may use to
prevent or restrict access to the Website.
Comment Submission Policy: When posting to the Website you agree not
to post material that: (i) may create a risk of harm, loss, physical or
mental injury, emotional distress, death, disability, disfigurement, or
physical or mental illness to you or any person; (ii) may create a risk
of any other loss or damage to any person or property; (iii) seeks to
harm or exploit children by exposing them to inappropriate content,
asking for personally identifiable details or otherwise; (iv) is
unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy or publicity
rights, tortious, obscene, offensive, profane or otherwise
objectionable; (v) is the contact or personal information of any other
person without their permission; (vi) is sexually explicit; (vii) you do
not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); and/or (viii) violates
the intellectual property rights of any third party.
Editorial Control: Subject to the “Copyright Agent” provision below,
we reserve the right, but do not have an obligation, to monitor and/or
review all materials posted by any and all users to the Website. We are
not responsible for any such materials posted by users. You agree that
any opinions, statements or other material expressed, posted or
otherwise disseminated on or through the Website by visitors, account
holders or third parties are those of such parties and not ours, and we
do not necessarily endorse any such opinion, statement or other
material. We reserve the right at all times to disclose any information
as necessary to satisfy any law, regulation or government request, or to
edit, refuse to post or to remove any information or materials, in
whole or in part, that in our sole discretion is objectionable or in
violation of the Terms and/or applicable state or federal law or
regulation. We may remove any review or comment at any time for any
reason (including, but not limited to, upon receipt of claims or
allegations from third parties or authorities relating to such review or
comment), or for no reason at all, with or without notice. We may also
impose limits on certain features, restricting your access to part or
the entire Website if it is believed that you may be in breach of the
Terms, any applicable laws/regulations and/or for any other reason
without notice or liability to us. Furthermore, it is acknowledged and
agreed that, any actions taken by us to improve the user experience of
the Website, including monitoring and/or reviewing all materials and
subsequently editing, removing or refusing to post such materials shall
not be deemed to create any duty towards you nor shall it be deemed a
basis for any liability against us.
Intellectual Property of the Website: All content on the Website
and/or on e-mails distributed by us to you, including text, graphics,
illustrations, logos, button icons, images, audio, videos and music, and
the selection and layout of such content is the exclusive property of
CCP or its licensors and is protected by U.S. and international
copyright laws. All rights not expressly granted to you by us are
reserved.
The trademarks, service marks, designs, and logos (collectively, the
"Trademarks") presented on this Website and/or on e-mails sent to you
are trademarks of CCP or its licensors. Your use of the Trademarks
displayed on this Website, except as provided in these Terms, is
strictly prohibited.
Use of Website: You may use or download material displayed on this
Website for noncommercial, personal use only. If you download material,
you must retain all copyright and other proprietary notices displayed on
the materials. You may not distribute, modify, transmit, post, or
otherwise use the content of this Website and/or content contained in
e-mails we distribute to you for public or commercial purposes without
our written permission.
Reviews, Comments, and other Submissions: You agree that any and
all information that you submit to the Website, including without
limitation, any written review comment, or other submission
(“Materials”), is the exclusive property of CCP and may be used,
reproduced, modified, published, edited, translated, distributed,
publicly performed, publicly displayed, derived into other works or
licensed to any third party without your prior approval, for any purpose
and in any medium or technology now in existence or hereinafter
conceived as we in our sole discretion see fit. You further agree that
they shall not be entitled to any compensation as a result of CCP’s use
or licensing to any third party of the Materials you submit.
We take no responsibility and assume no liability for any Materials
that you or any other users or third parties post or send over the
Website. You understand and agree that any loss or damage of any kind
that occurs as a result of the use of Materials that you send, upload,
download, stream, post, transmit, display or otherwise make available or
access through your use of the Website is solely your responsibility.
You understand and acknowledge that you may be exposed to Materials that
are inaccurate, offensive, indecent or objectionable and you agree that
we shall not be liable for any damages you allege to incur as a result
of such Materials.
You represent and warrant that the Materials you submit do not
violate or infringe upon the rights of any third party, including but
not limited to, copyright, trademark or proprietary rights. If
non-original content is included in your posting, you must obtain
permission from the content owner and attribute it.
You further represent and warrant that all Materials you post to the
Website are in compliance with FTC Endorsement and Testimonial
Guidelines.
Private or Sensitive Information: We strongly urge you not to post
sensitive, personally identifiable contact information in any review or
comment that may be accessible to users of the Website, including your
home and/or business telephone number(s), email address(es) or the
address of your residence or place of business. Accordingly, we advise
you to keep such personal information out of comments, descriptions,
captions and other publicly viewable text. Any posting of such personal
information is done expressly at your own risk. Furthermore it is
important to remember that comments submitted to the Website may be
recorded and stored in multiple places, both on the Website and
elsewhere. Therefore it is important that you are careful and selective
about the personal information that you disclose about yourself and
others. In particular, you should not disclose sensitive, embarrassing,
proprietary or confidential information when you post review and/or
comments to the Website.
In the event you register with the Website to use or access specific
portions of the Website, we will use commercially reasonable best
efforts to keep the private or sensitive information that you submit
private in accordance with our Privacy Policy.
Eligibility: This Website is intended solely for users who are
thirteen (13) years of age or older, and any registration, use or access
to the Website by anyone under 13 is unauthorized, unlicensed and in
violation of this Agreement. If you are under 18 years of age you may
use the Website only if you either are an emancipated minor or possess
legal parental or guardian consent, and are fully able and competent to
enter into the terms, conditions, obligations, affirmation,
representations and warranties set forth in this Agreement, and to abide
by and comply with this Agreement.
Copyright Agent: We respect the intellectual property rights of others,
and require that the people who use the Website do the same. If you
believe that the copyrights in and to your work(s) have been infringed,
please forward the following information to our Copyright Agent at the
following email address:
info@catcora.com,
(i) your address, telephone number and email address; (ii) a
description of the copyright work(s) you claim has been infringed; (iii)
a description of where the alleged infringing material(s) are located;
(iv) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent or by
law; (v) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyrighted work(s); and (vi) a
statement made by you, under penalty of perjury, that the above
information in your note is accurate and that you are the copyright
owner of the work(s) or are authorized to act on the copyright owner’s
behalf.
Security: We have implemented commercially reasonable technical and
organizational measures designed to secure your personal information
from accidental loss and from unauthorized access, use, alteration or
disclosure. However, we cannot guarantee that unauthorized third
parties will never be able to defeat those measures or use your personal
information for improper purposes. You acknowledge that you provide
your personal information at your own risk.
Third Party Websites, Advertisers or Services: Our Website may
contain links to third-party websites, advertisers or services that are
not owned or controlled by us. We have no control over and assume no
responsibility for the content, privacy policies or practices of any
third party websites or services. If you access a third party website
from our Website, you do so at your own risk and you understand that
these Terms and our Privacy Policy do not apply to your use of such
sites. You acknowledge that we have no liability arising from your use
of any third party website or services or third party content owned.
We encourage you to review the Terms of Use and Privacy Policy of any
third party website or service that you visit.
Termination: Any violation of the Terms may result in the termination
of your “Member” account or removal from CCP’s products or services.
Violating the Terms may also violate federal and state laws, including
those of the State of California.
No Warranties: The Website (including, without limitation, the content
and user submissions) is provided "as is" and "as available" and is
without warranty of any kind, express or implied, including, but not
limited to, the implied warranties of title, non-infringement,
merchantability and fitness for a particular purpose, and any warranties
implied by any course of performance or usage of trade, all of which
are expressly disclaimed. CCP, its directors, members, employees,
agents, suppliers, partners and content providers do not warrant that:
(a) the content or user submissions are timely, accurate, complete,
reliable or correct; (b) the Website will be secure or available at any
particular time or location; (c) any defects or errors will be
corrected; (d) the content or user submissions are free of viruses or
other harmful components; or (e) the results of using the Website will
meet your requirements. Your use of the Website is solely at your own
risk.
Furthermore, we do not warrant, endorse, guarantee or assume
responsibility for any product or service advertised or offered by a
third party through our Website or any hyperlinked website or service,
or featured in any banner or other advertising, and we will not be a
party to or in any way monitor any transaction between you and third
party providers of products or services.
Limitation of Liability: To the maximum extent permitted by
applicable law, in no event shall CCP or its directors, members,
employees, agents, partners, suppliers or content providers, be liable
to you under contract, tort, strict liability, negligence or any other
legal theory with respect to the Website or any content or user
submissions: (i) for any lost profits, goodwill or special, indirect,
incidental, punitive, consequential or exemplary damages of any kind
whatsoever, substitute goods or services (however arising), (ii) for any
bugs, viruses, Trojan horses, or the like (regardless of the source of
origination), (iii) for any errors or omissions in any content or user
submissions or for any loss or damage of any kind incurred as a result
of your use of any content or user submissions posted, emailed,
transmitted or otherwise made available on or through the Website, (iv)
for unauthorized access to or use of our secure servers and/or any and
all personal information stored therein, (v) for any interruptions,
cessations, delays or failure of the Website to perform, (vi) for
Materials or any other content posted, emailed, transmitted or otherwise
made available through the Website, including but not limited to,
content that is defamatory, offensive or illegal. In no event shall CCP
or its directors, members, employees, agents, partners, suppliers or
content providers by liable to you for any claims, proceedings,
liabilities, obligations, damages, losses or costs in an amount
exceeding (in the aggregate) $10 (u.s.). Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the
above limitations and exclusions may not apply to you.
The Website is controlled and operated from facilities located in the
United States. We make no representation that the Website is
appropriate or available for use in other locations outside the United
States. Those who access or use the Website from other locations do so
at their own volition and are entirely responsible for compliance with
the local laws applicable to that location.
Indemnification: You shall defend, indemnify, and hold harmless CCP,
its affiliates and each of its principals, directors, members, officers,
employees, contractors, suppliers, agents, successors, assigns and
representatives from all liabilities, claims, and expenses, including
reasonable attorneys' fees, that arise from your: (i) use or misuse of
the Website; (ii) your access to the Website and violation of the Terms
by you, including your breach of any representation and warranties;
(iii) the infringement by you, or any third party using your account, of
any intellectual property or other right of any person or entity; (iv)
violation of any law, rule or regulation of the United States, any state
or territory therein or any country; or (v) posting of Materials or any
other content of any kind to the Website, including postings made by
third parties from your account. We reserve the right to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will assist and cooperate
with us in asserting any available defenses.
Dispute Resolution: A printed version of the Terms and of any notice
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to the Terms to the
same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. You and we agree that any cause of action arising out of or
related to the Website must commence within one (1) year after the cause
of action arose; otherwise, such cause of action is permanently barred.
Governing Law: The Terms shall be governed by and construed in
accordance with the laws of the State of California, excluding its
conflicts of law rules, and the United States of America. You expressly
agree that the exclusive jurisdiction for any claim or action arising
out of or relating to the Terms or your use of this Website shall be
filed only in the state or federal courts located in Los Angeles County
and you further agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim
or action. Use of the Website is not authorized in any jurisdiction
that does not give effect to all provisions of the Terms, including
without limitation, this section.
Integration and Severability: The Terms are the entire agreement
between you and us with respect to the Website, and supersede all prior
or contemporaneous communications and proposals (whether oral, written
or electronic) between you and us with respect to the Website (but
excluding the use of any software which may be subject to a separate
end-user license agreement). If any provision of the Terms is found to
be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that the Terms will
otherwise remain in full force and effect and enforceable. No waiver of
any terms of this Agreement shall be deemed a further or continuing
waiver of such term or any other term and our failure to assert any
right or provision under this Agreement shall not constitute a waiver of
such right or provision.
Miscellaneous: The Terms are personal to you, and are not assignable,
transferable or sub-licensable by you except with our prior written
consent. We may assign, transfer or delegate any of its rights and
obligations hereunder without consent. No agency, partnership, joint
venture, or employment relationship is created as a result of your
agreement to the Terms and neither party has any authority of any kind
to bind the other in any respect. In any action or proceeding to enforce
rights under the Terms, the prevailing party will be entitled to
recover costs and reasonable attorneys' fees. All notices under the
Terms will be in writing and will be deemed to have been duly given when
received, if personally delivered or sent by certified or registered
mail, return receipt requested; when receipt is electronically
confirmed, if transmitted by facsimile or e-mail; or the day after it is
sent, if sent for next day delivery by recognized overnight delivery
service.
