Cartoon Cottage

Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

This Terms of Use Agreement sets forth the standards of use of cartooncottage.com. By using the Cartoon Cottage/http://www.cartooncottage.com website you (the “Member/user”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at Cartoon Cottage/http://www.cartooncottage.com website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. By posting information in the forum that may be available to you on or through Cartoon Cottage, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, images, sounds, data, software, or other information that:

a)---- is unlawful, racial, threatening, libelous, abusive, harrassing, defamatory, deceptive, fraudulent, slanderous, invasive of another's privacy, contains explicit or graphic descriptions or accounts of sexual acts including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals, or otherwise violates Cartoon Cottage rules or policies; 
b)---- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 
c)---- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; 
d)---- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail , chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; 
e)---- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; 
f)---- or impersonates any person or entity, including any employee or representative of Cartoon Cottage. You also agree that you will not harvest or collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. 
g)---- You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent. 
h)---- Cartoon Cottage does not moderate, monitor, or edit the content posted by users of chat rooms, forums, message boards or other interactive services that may be available on or through this site. However, Cartoon Cottage and its agents have the right at their sole discretion to remove any content that, in Cartoon Cottage's judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. Cartoon Cottage is not responsible for any failure or delay in removing such content. 

Disclaimer:

Cartoon Cottage in no way endorses any opinions/contributions expressed or implied in articles and comments contributed by members/users. Members/Users understand that their use of these services constitutes acceptance of this disclaimer and site rules. 

COPPA In accordance with the Childrens Online Privacy Protection Act, all persons under the age of 13 must have permission from their legal guardian before placing name, e-mail address and/or private information anywhere on this website.

1.     Description of Service

Cartoon Cottage is providing Member/user with member/user submitted comments in forums submitted by its members/users. Member/user must provide (1)  all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s/user's access to the Internet, and (3) pay any fees relate with such connection. 

2.     Disclaimer of Warranties.

The site is provided by Cartoon Cottage/www.cartooncottage.com on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, Cartoon Cottage makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Cartoon Cottage shall have no liability for any interruptions in the use of this Website.  Cartoon Cottage disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3.     Limitation of Liability

CARTOONCOTTAGE.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CARTOON COTTAGE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CARTOON COTTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4.     Indemnification

Member/user agrees to indemnify and hold Cartoon Cottage its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s/user's use of the Service, the violation of this Agreement, or infringement by Member/user, or other user of the Service using Member’s/user's computer, of any intellectual property or any other right of any person or entity.

5.     Modifications and Interruption to Service

Cartoon Cottage reserves the right to modify or discontinue the Service with or without notice to the Member/user. Cartoon Cottage shall not be liable to Member/user or any third party should Cartoon Cottage exercise its right to modify or discontinue the Service. Member/user acknowledges and accepts that Cartoon Cottage does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6.     Third-Party Sites

Our website cartooncottage.com may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members/users to review said privacy policies of third-parties’ sites.

7a.     Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While Cartoon Cottage makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

cartooncottage.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

7b.     Disclaimer Regarding Accuracy of Member/user Submitted Information-Articles-News

Forum articles and other information have either been provided by Members or collected from publicly available sources. While Cartooncottage.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Cartooncottage.com makes no warranties or representations whatsoever with regard to any article or comment provided or offered by any Member/user, and you acknowledge that any reliance on representations and warranties provided by any Member/user shall be at your own risk. 

8.     Governing Jurisdiction of the Courts Indiana

Our website is operated and provided in the State of Indiana As such, we are subject to the laws of the State Indiana, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Indiana. 

9.     Compliance with Laws.

Member/user assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member/user may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member/user further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10.  Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 cartooncottage.com, with all rights reserved, or is the property of third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Cartooncottage.com is strictly prohibited.  Members/users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Cartooncottage.com.

Cartoon Cottage™ and cartooncottage.com™ are proprietary marks of cartooncottage.com.  Cartoon Cottage trademarks may not be used in connection with any product or service that is not provided by Cartoon Cottage in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cartoon Cottage.

All other trademarks displayed on Cartooncottage.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Cartooncottage.com.

11.  Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, cartooncottage.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Email: [email protected]

12.  Botnets

Cartooncottage.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Cartooncottage.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

13.  Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Cartooncottage.com in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member/user.  Member/user agrees that by accepting this Terms of Use Agreement, Member/user is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.