PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This website at www.cabbagepatchkids.com (the “Site”) is owned and operated by Original Appalachian Artworks, Inc. (“OAAI”). By accessing and using this Site, the user (“You”) is hereby agreeing to be legally bound by the terms and conditions of OAAI.
If You do not agree with all of the following terms and conditions, please do not use this Site.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio, video, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of OAAI and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. OAAI hereby grants You a personal, non-exclusive, non-assignable, non-sublicensable and non-transferable license to use and display, for noncommercial and personal use only, one copy of the Material and/or software that You may download from this Site, including, without limitation, any files, codes, video or images incorporated in or generated by the software provided that You maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of OAAI. Use of OAAI and/or its licensors’ Material is only permitted with their express written permission. You further agree that You will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under the laws of the applicable jurisdiction.
COMMUNICATION WITH OAAI
OAAI does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Any communication or material You transmit to the Site by electronic mail or otherwise, including without limitation any questions, answers, comments or suggestions become the property of OAAI and will be treated as nonconfidential and nonproprietary as between You and OAAI. Anything You transmit or post may be used without compensation by OAAI or its affiliates or licensed to others by OAAI or its affiliates for any purpose, including but not limited to mailing list rental, product or service solicitations, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, OAAI is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
CHATROOMS & MESSAGE BOARDS
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of OAAI. In no event shall OAAI assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that You have all necessary rights in and to all Postings You provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any defamatory, tortious, or otherwise unlawful information.
You hereby authorize OAAI to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, OAAI will have the right to use and change the Postings in any manner that OAAI may determine. Additionally, OAAI may delete all or some of the messages in its chatrooms and/or message boards periodically in its sole discretion and without notice.
OAAI does not allow Postings that contain:
- private or personal information which might identify a user
- profanity or obscenities
- personal attacks on other individuals or groups
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
- other information that OAAI deems in its sole discretion to be indecent or inappropriate for this Site.
The chatrooms and message boards may be used for noncommercial purposes only. You may not post any information intended to promote and/or generate revenue for any third party business activity. Although OAAI periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, OAAI will make every effort to ensure that the chatrooms and message boards best serve the interests of all users and, therefore, OAAI reserves the right to refuse to post, edit, or delete messages that violate the above-referenced rules regarding Postings, as well as revoke the privileges of users who do not comply with such rules.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OAAI is not responsible or liable for any viruses or malicious code uploaded to your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Material rests with You. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CABBAGEPATCHKIDS.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY CABBAGEPATCHKIDS.COM OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall OAAI’s liability to You for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by You, if any, for accessing this Site.
THIRD PARTY LINKS
The appearance of external hyperlinks does not constitute endorsement by OAAI, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and OAAI does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, OAAI is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither OAAI nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, OAAI will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
You agree to indemnify, defend and hold harmless, OAAI, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by You. OAAI reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with OAAI in asserting any available defenses.
Original Appalachian Artworks, Inc. operates and controls this Site from its offices at 1721 Highway 75 South, PO Box 714, Cleveland, Georgia 30528, United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. It may be terminated at any time without notice. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed severable to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Georgia applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in White County, Georgia.