PLEASE REVIEW THE TERMS CAREFULLY. BY USING THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST STOP USING THE SERVICES IMMEDIATELY.
- Summary of Services and Basic Terms
These Terms apply to www.cherrypicd.com, all other websites owned and operated by or in part by CherryPic’d and all other online or mobile resources, tools and materials provided by CherryPic’d now or in the future.
CherryPic’d and the Services may change from time to time without notice to you. We may stop providing the Services or restrict use (permanently or temporarily) of the Services (or features within the Services) to you specifically or to all or a portion of Users generally without notice to you and for any reason. You agree that CherryPic’d will not be responsible or liable for any consequence, loss or damage arising (directly or indirectly) from any of the circumstances described in this paragraph.
CherryPic’d relies on third-party providers for certain parts of the Services. Because of this, the Services may be unavailable from time to time for many reasons (including, but not limited to, interruption, delay and routine maintenance). You acknowledge and agree that your access to and use of the Services may be interrupted, suspended or terminated for various circumstances, both within and outside of the control of CherryPic’d. You agree that CherryPic’d will not be liable for any interruption in or termination of the Services, or for any consequence, loss or damage (direct or indirect) arising from an interruption or termination, whatever the cause.
CherryPic’d values the importance of protecting the privacy of children using the Services. To protect that privacy, CherryPic’d takes the following steps: (i) use of the Services is not allowed for Users under the age of 13 and (ii) use of the Services by Users between the ages of 13 and 18 is subject to the eligibility and requirements set out in Section 3 below.
- Eligibility and Your Obligations as a User
You must be of legal age to form a binding contract to use the Services. By using the Services, you represent that you are of legal age. If you are under 18 years old, your parent or guardian must enter into this Agreement on your behalf, and that parent or guardian will be responsible for your use of and access to the Services; this includes financial responsibility for your use of the Services. Persons under 13 years old are expressly prohibited from using the Services. Any attempt by a person under the age of 13 to use the Services will be void.
Full use of the Services requires you to register for an account with CherryPic’d (your “Account”). You may create your Account through our registration process. You agree to provide truthful, complete and current information for your Account. You may browse and view some of the Services without creating an Account. However, certain portions of the Services are available only after you have activated your Account. If you create an Account as, or on behalf of, an entity or a person other than yourself, you represent that you are authorized to enter into contracts on behalf of and bind that entity or other person.
The Services may not be available in all geographic areas. The Services are available only to Users with internet and network connections capable of supporting the Services. You will be solely responsible for obtaining and maintaining internet and network connections capable of properly supporting the Services. CherryPic’d will have no responsibility or liability for the performance of any connections described in this paragraph.
You are solely responsible and liable for all activity that occurs on and through your Account or in connection with your Account. You are solely responsible and liable for safeguarding the security and accuracy of your Account. You are solely responsible for notifying CherryPic’d in writing at the email address set out below of any unauthorized use of your Account.
Access to and use of password protected and/or secure areas of the Services is restricted to authorized Users only. Unauthorized persons who access or attempt to access these parts of the Services will be prosecuted.
You will not reverse engineer, reverse compile, reduce to human readable form or derive (or attempt to derive) the source code of any software associated with the Services. In these Terms, “reverse engineer” will mean the examination or analysis of the Services to determine the source code, structure, organization, internal design, algorithms or encryption devices of the underlying technology of the Services. You will also not create or help create any derivative or competitive product or service.
On your Account you will not (1) provide any false information; (2) create an account for anyone other than yourself without that person’s permission; (3) use a name of another person with the intent to impersonate or disparage that person; (4) use a name that is subject to any rights of a third party without the proper authorization; or (5) use a name or post any content anywhere on the Services that is offensive, vulgar, obscene, or otherwise unlawful. CherryPic’d may remove any User, User Name or content that it considers, in its sole discretion, to violate these Terms.
CherryPic’d reserves the right to implement fees for use of the Services. In that event, CherryPic’d will post pricing information on the Services and/or will send notice to you at the email address registered to your Account.
CherryPic’d may offer special promotional offers through the Services that may or may not apply to you or your Account. By using the Services, you agree to be bound by the terms and conditions set out by CherryPic’d in the special offers.
By using the Services you authorize CherryPic’d to hold and store electronic data about you, your Account and your use of the Services.
CherryPic’d may, in its sole discretion and for any reason, refuse to offer the Services to any person or entity, or change the eligibility criteria for the Services at any time. CherryPic’d reserves the right to terminate your Account and/or revoke your access to the Services in its sole discretion for any reason. You may voluntarily end your Account with CherryPic’d at any time through your Settings page.
Failure to comply with any of the terms and obligations set out in this Section 3 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that CherryPic’d will not be liable, and you will indemnify, hold harmless and reimburse CherryPic’d for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from your failure to comply with any of the terms and obligations set out above.
- Content on the Services
All content, whether publicly posted or privately transmitted, is the sole responsibility of the User registered on the Account on which the content originated. CherryPic’d is not responsible or liable for any User content or any consequence, loss or damage (direct or indirect) arising from any User content. Any use of or reliance on any content posted on the Services (whether originated by Users or CherryPic’d) or obtained through the Services is at your own risk.
CherryPic’d does not represent or guarantee completeness, truthfulness, accuracy, appropriateness or reliability for any content or communication posted on the Services, or endorse any opinion expressed on the Services. By using the Services you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, misleading or otherwise deceptive. You acknowledge and agree that CherryPic’d will not be responsible or liable under any circumstances for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of content posted, emailed, transmitted or otherwise made available on or through the Services.
The Services may include advertisements and other marketing messages from CherryPic’d and its partners. The form and frequency of advertising and marketing messages on the Services may change without notice to you. By using the Services you agree that CherryPic’d and its third-party partners may advertise on the Services, including, but not limited, targeted advertisements related to content submitted by you or others.
CherryPic’d does not monitor content provided by Users and will not censor or remove User Content, except in the limited circumstances described in these Terms.
As a User providing content on the Services, you represent and warrant that your content:
- Is not counterfeit or stolen;
- Does not infringe or violate the intellectual property or proprietary rights of CherryPic’d or any third party;
- Is not for any unlawful purpose or in furtherance of illegal activities (International users agree to comply with all local laws regarding online conduct and acceptable content);
- Does not violate any contractual obligation;
- Is not false, fraudulent or deceptive;
- Is not threatening, violent, abusive, harassing, defamatory, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, profane, contains or depicts nudity or sexual activity; discriminatory, or otherwise inappropriate;
- Is not unsolicited advertising, junk mailing, or spamming;
- Does not contain software viruses, malware/phishing or another other computer mechanism designed to disrupt, damage, monitor, or interfere with the independent functioning of CherryPic’d or third party equipment, software, or systems;
- Does not impersonate any person without such person’s prior consent;
- Does not include any personal identification, financial, or confidential information without prior consent;
- Does not solicit Users or guests to use other on- or off-line services that are directly or indirectly competitive with CherryPic’d;
- Does not attempt by any method to determine any source code or underlying idea or algorithms of any part of the Services;
- Does not falsely imply affiliation with or sponsorship by CherryPic’d without the prior written consent of CherryPic’d; or
- Does not breach any of the terms or conditions in these Terms.
CherryPic’d reserves the right to determine in its sole discretion whether your content qualifies as any of the prohibited categories of Content listed above. CherryPic’d may immediately terminate or suspend your Account without notice to you in the event that, in its judgment, you violate these Terms. Accounts created to replace suspended accounts will be permanently suspended. Accounts engaging in any of these behaviors may be investigated for abuse.
- Our License to Your Account and Content
You retain your rights to your Account and any content you submit, post or display on or through the Services. However, by using the Services you grant CherryPic’d and its users an automatic, worldwide, non-exclusive, royalty-free, perpetual license to use, copy, reproduce, adapt, modify, publish, display, transfer, sublicense and distribute your Account and your content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for CherryPic’d to promote and improve the Services by any action, including promotional or commercial uses, and to make your content available to other companies, organizations or individuals that partner with CherryPic’d for the further distribution or publication of content on other media and services. We may modify or adapt your content in order to transmit, display or distribute it in various media and forms, and/or make changes to your content as is necessary to conform and adapt the content to requirements or limitations of certain networks, devices, services or media.
By using the Services you agree that you will not be entitled to any compensation from CherryPic’d (or other companies, organizations or individuals who partner with CherryPic’d) for your content or for use of your content, including promotional or commercial uses.
You understand and agree that since your Account and content may be distributed or published by CherryPic’d and our partners, you may be subject to liability if you do not have the legal right to use, submit or publish such content on the Services. In that event, you will be exclusively responsible for your use of the Services, for all content you submit and publish, and for all consequences arising from both, including the use of your content by other Users and our third party partners. CherryPic’d will not be responsible or liable for any use or any consequence of your content (whether by CherryPic’d, a third party partner or a User). By using the Services, you represent and warrant that you have the necessary right, power and authority to use and submit all content submitted and published by you and to grant the licenses to the content as given to CherryPic’d in this Agreement.
Failure to follow any of the terms and obligations set out in this Section 5 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that CherryPic’d will not be liable, and you will indemnify, hold harmless and reimburse CherryPic’d for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from your failure to comply with any of the terms and obligations set out above.
- Our Rights as CherryPic’d
CherryPic’d exclusively and perpetually owns and holds all right, title and interest in and to the Services and the content published by CherryPic’d on the Services. The Services are currently (or may be in the future) protected by copyright, trademark, patents, trade secrets and other laws of both the United States and foreign countries. Other than as expressly provided in these Terms, nothing gives you a right to use the CherryPic’d name or any of the CherryPic’d trademarks, logos, domain names, distinctive brand features or other intellectual property or content in any way.
Any feedback, comments, or suggestions you may provide regarding CherryPic’d or the Services is entirely voluntary, and we will be free to use such feedback, comments and suggestions without any obligation or compensation to you.
- Your License to Use the Services
Through your use of the Services, CherryPic’d gives you a limited, personal, revocable, non-transferable and non-exclusive license to use the software and applications that are provided to you by CherryPic’d as part of the Services. This limited license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by CherryPic’d in the manner permitted by these Terms. This license is revocable at will and may be terminated by CherryPic’d without notice to you (as explained further in these Terms).
- Restrictions on Use of Services for Users
By using the Services, you agree that you will not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, including, but not limited to, CherryPic’d computer and network systems, or the technical delivery systems of our third party providers and partners; (ii) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; (iii) access or search, or attempt to access or search, the Services by any means (automated or otherwise) other than through any currently available, published interfaces that CherryPic’d may or may not make available (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with CherryPic’d (NOTE: scraping the Services without the prior consent of CherryPic’d is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt (or attempt to do so) the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) download or copy the Services or any Content for the benefit of another party; or (vii) reverse engineer, reverse compile, reduce to human readable form or derive (or attempt to derive) the source code of any software associated with the Services.
Failure to follow any of the terms and obligations set out in this Section 8 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that CherryPic’d will not be liable, and you will indemnify, hold harmless and reimburse CherryPic’d for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from your failure to comply with the terms and obligations set out above.
- Intellectual Property Disputes
CherryPic’d reserves the right in its sole discretion to remove accounts and content that are alleged to infringe the intellectual property of others without prior notice or liability to Users. In appropriate circumstances, CherryPic’d may also terminate a User account for content violations.
CherryPic’d will respond to notices of alleged infringement that comply with applicable law, including the Digital Millennium Copyright Act of 1998 (http://www.copyright.gov/legislation/dmca.pdf), and are properly provided to us. If you believe that your intellectual property has been copied in a way that constitutes infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the material claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.
Our designated agent for notice of alleged intellectual property infringement on the Services is:
B-Net Productions, Inc.
Attn: Intellectual Property Agent
PO Box 3722
Little Rock, AR 72203
Upon receipt of any such notice, CherryPic’d will take the actions that it considers appropriate in its sole discretion, including removal of the challenged material from the Services and termination of user accounts.
CherryPic’d cares about the security of User accounts and information. However, CherryPic’d does not guarantee, represent or warrant that it will or can prevent unauthorized disclosure of your Account and information. By using the Services, you agree that you provide your personal information and content at your own risk. You are solely responsible for maintaining the security of your Account and password.
The Terms will continue to apply until terminated by either you or CherryPic’d.
You may end your legal agreement with CherryPic’d at any time for any reason by deactivating your Account(s) and discontinuing your use of the Services. You do not need to notify CherryPic’d when you stop using the Services. If you stop using the Services without deactivating your Accounts, CherryPic’d may eventually deactivate your Account(s) due to prolonged inactivity.
CherryPic’d may suspend or terminate your accounts (or quit providing you with all or part of the Services) at any time for any reason, including, but not limited to, the reasonable belief that: (i) you have violated these Terms or other published policies, (ii) you create risk or possible legal exposure for CherryPic’d; or (iii) the provision of the Services to you is no longer commercially viable.
In all such cases, the Terms will terminate your license to use the Services, except that the following sections will continue to apply: 4, 5, 7, 8, 10, 11, 12, and 13.
Nothing in this section will affect CherryPic’d’s right to change, limit or stop providing the Services to you without prior notice, as provided above.
- Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY. This section limits the liability of CherryPic’d and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively, the “CherryPic’d Entities”). BY USING THE SERVICES YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION 12. Each subsection below applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, the contents of this section may not apply to you.
- The Services are Available "AS-IS"
CherryPic’d has no fiduciary or special relationship with you. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE CHERRYPIC’D ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY AND ANY WARRANTIES IMPLIED BY PERFORMANCE OR USE. CHERRYPIC’D DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR (i) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR USER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE OR (ii) ANY CONTENT SUBMITTED OR PUBLISHED BY A THIRD PARTY OR USER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CHERRYPIC’D WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND USERS OR THIRD PARTY PROVIDERS OF PRODUCTS, SERVICES OR CONTENT.
The CherryPic’d Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (iv) whether the Services meet your requirements or are available on an uninterrupted, secure or error-free basis; and (v) any third-party claims, consequence, loss or damage (direct or indirect) arising in any way out of or related to use of the Services or these Terms. No advice or information, whether oral or written, obtained from the CherryPic’d Entities or through the Services, will create any warranty not expressly made in these Terms.
IT IS THE EXCLUSIVE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, DEPENDABILITY, USEFULNESS AND MARKETABILITY OF ANY PRODUCT, SERVICE, CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES OR OBTAINED FROM ANOTHER USER OR LINKED SITE.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the CherryPic’d Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products or services on or available from such websites or resources; and (iii) any consequence, loss or damage (direct or indirect) arising from such websites or resources. Links to such websites or resources do not imply endorsement by the CherryPic’d Entities of the websites, resources or the content, products, or services available from the websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third-party websites or resources.
- Third-Party Providers and Partners
CherryPic’d relies on third-party providers and partners for certain aspects of the Services. You acknowledge and agree that the CherryPic’d Entities are not responsible or liable for: (i) the availability, functionality or accuracy of the aspects of the Services provided by third-party providers and partners; (ii) any interruption, delay, suspension or termination of the Services as a result of third-party providers and partners; and (iii) any consequence, loss or damage (direct or indirect) arising from third-party providers and partners. Upon written request by a User, CherryPic’d will disclose to that User (within a reasonable time) a list of the non-confidential third-party providers and partners that are implemented in the Services.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHERRYPIC’D ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE CHERRYPIC’D ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CHERRYPIC’D, IF ANY, FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CHERRYPIC’D ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
By using the Services, you agree to indemnify, hold harmless and reimburse CherryPic’d and its officers, directors, employees, agents, representatives, partners, and all other affiliates harmless for all claims and liabilities (actual and threatened), obligations, settlements, losses, expenses, debts and damages (including costs and attorneys’ fees) that arise from or relate to your use or access of the Services, including but not limited to any activity and content associated with your Account (whether by you or a third party) unless a court of competent jurisdiction enters a final judgment that the claim, liability, obligation, settlement, loss, expense, debt or damage was the result of affirmative and intentional actions or omissions by CherryPic’d. CherryPic’d reserves the right to assume exclusive control of and direct the defense of any matter otherwise subject to indemnification by you. You agree to assist and cooperate with CherryPic’d in the defense.
- General Terms
- Waiver and Severability
The failure of CherryPic’d to enforce any right or provision of these Terms will not be deemed a waiver of the right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. In such an instance, the parties agree that a court should give effect to the parties’ intentions as reflected in the provision.
- Controlling Law and Jurisdiction
These Terms and any dispute related to the Terms will be governed by the laws of the State of Arkansas without regard to or application of conflict of law provisions. Subject to the dispute resolution terms set out in Section 14C below, all claims, legal proceedings or litigation arising in connection with the Services will be brought exclusively in the federal or state courts located in Pulaski County, Arkansas, United States, and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to lack of jurisdiction and inconvenient forum.
- Dispute Resolution
You agree that you will notify CherryPic’d in writing of any dispute or problem related to the Services and give CherryPic’d a reasonable period of time to address the dispute or problem before filing any legal action. The notice should be addressed: B-Net Productions, Inc., c/o National Registered Agents, Inc., 160 Greentree Drive, Suite 101, Dover, DE 19904, with a second copy to B-Net Productions, Inc., PO Box 3722, Little Rock, AR 72203. The parties agree that any dispute that cannot be resolved by the parties will first be mediated before a third party mediator in Pulaski County, Arkansas, before any other action is started.
Should any dispute arising from or relating to the subject matter of these Terms not be resolved by the parties or by mediation pursuant to the previous paragraph of this Section 14C, the dispute will be finally settled by arbitration in Pulaski County, Arkansas, in accordance with the rules then in effect of the American Arbitration Association or its successor, and consistent with the requirements and standards of the Federal Arbitration Act or its successor. Judgment upon the award so rendered may be entered in any court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party will have the right to institute an action at any time in a court of proper jurisdiction for injunctive or equitable relief.
- Consent to Electronic Communication
By using the Services, you agree to receive all communications related to your use of the Services in electronic form, including, but not limited to, email communications sent to the email address associated with your Account and/or posted notices on the Services. By using the Services, you agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from CherryPic’d will be deemed effective when sent to the email address associated with your Account or when posted publically on the Services.
- Entire Agreement
If these Terms conflict with any other documents, the Terms will control for the purposes of using the Services.
- Waiver and Severability
Failure to follow any of the terms and obligations set out in this Section 4 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that CherryPic’d will not be liable, and you will indemnify, hold harmless and reimburse CherryPic’d for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from your failure to comply with any of the terms and obligations set out above.
CherryPic’d may revise these Terms from time to time without notice to you. The most current version will always be at the following link: [embed link]. If the revision, in our sole discretion, is material, we may, but are not required to, notify you via an e-mail to the email address associated with your Account. By continuing to access or use the Services after revisions become effective, you will be bound by the revised Terms.
These Services are operated and provided by B-Net Productions, Inc., PO Box 3722, Little Rock, AR 72203. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
By registering for and/or using Services in any manner, including but not limited to visiting or browsing the CherryPic’d website, you agree to and will be bound by all of the terms and conditions contained in these Terms, and all additional terms, conditions, rules, policies and/or procedures that may be published by CherryPic’d from time to time on the Services, each of which is incorporated by reference and may be updated by CherryPic’d at any time without notice to you. These Terms apply to all users of the Services without exception.
Last updated: October 28, 2014