ACCEPTANCE OF THESE TERMS
The following Terms of Use constitute a legal agreement between you and cuckOOclan. By accessing, browsing, and/ or using the Website you acknowledge that you have read, understood, and agree, to be bound by these Terms of Use, our Privacy Policy, and other notices posted on the Website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use this website.
cuckOOclan reserves the right, in its sole discretion, to modify these Terms of Use with or without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on the Website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Website following changes to these Terms of Use shall constitute your acceptance of all such changes.
ACCESS TO THIS SITE
The Website, and the material contained therein, is protected by international copyright and trademark laws, and you may only use the Website for personal, non-commercial purposes. You may not copy or distribute any part of the Website without cuckOOclan’s prior written authorization, nor modify, alter or edit any aspect of the Website other than as may be deemed necessary to use the Website for its intended purpose.
YOUR cuckOOclan ACCOUNT
In order to access certain features of the Website, you will have to create an account with cuckOOclan. When creating your account, you must provide accurate and complete information. You are responsible for all activity that occurs on your account. You agree to immediately notify cuckOOclan of any unauthorized use of your account or of any breach of security.
By registering to Become a member of cuckOOclan, you declare that you are of legal age to form a binding contract and further, that you are not a person barred by any laws from using the Website. You agree to provide accurate, current, and complete information in all required fields of the registration form. If any of your information changes, you agree to update this information. If cuckOOclan suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be suspended or terminated, and your access to the Website barred.
THIRD PARTY WEBSITES
The Website may link you to other sites on the Internet. No inference should be made and no representation should be implied that cuckOOclan is connected with these third-party sites. Because cuckOOclan has no control over these sites, you acknowledge and agree that cuckOOclan is not responsible for any Content, advertising, products, services, copyright compliance, legality, decency, or any other aspect of the Content of such sites. When visiting these third-party sites you should refer to each such site’s individual “Terms of Use” and not rely on this Agreement.
COPYRIGHT
The content on the Website including, without limitation, any text, scripting, graphics, photos, audio or video material created by and for cuckOOclan, and the trademarks, service marks and trade dress contained therein are owned by or licensed to cuckOOclan and subject to copyright and other intellectual property rights. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, sold, licensed, rented, modified, distributed, copied, reproduced, transmitted, displayed, broadcast, performed, published, adapted, edited or otherwise exploited for any purpose whatsoever without the prior written consent of cuckOOclan.
TSHIRT IDEA/ SLOGAN/ DESIGN SUBMISSIONS
cuckOOclan retains exclusive ownership and rights to the submitted Tshirt Idea/ Slogan/ Design, if selected by cuckOOclan, for printing and selling on clothing and further, retains rights to the Tshirt Idea/ Slogan/ Design itself for use on the Website and/or any cuckOOclan promotional material. The Submitter may not sell or reproduce the selected Tshirt Idea/ Slogan/ Design for commercial purposes, but may display or archive the Tshirt Idea/ Slogan/ Design in a portfolio or personal collection. If the Tshirt Idea/ Slogan/ Design is not selected by cuckOOclan, the Submitter is free to use the design for commercial purposes.
The Tshirt Idea/ Slogan/ Design must be the Submitter’s own original work and may not have been previously published. The Tshirt Idea/ Slogan/ Design may not contain the trademarks, logos, copyrighted works or intellectual property of any third parties. The Selected Tshirt Idea/ Slogan/ Design may be reworked by our designers to prepare it for use.
DISCLAIMER
THE INFORMATION, CONTENT AND MATERIALS ON THE CUCKOOCLAN WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE CUCKOOCLAN WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CUCKOOCLAN WEBSITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE CUCKOOCLAN WEBSITE, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE CUCKOOCLAN WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE CUCKOOCLAN WEBSITE OR CONTENT, MATERIALS OR FUNCTIONS ON THE CUCKOOCLAN, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE CUCKOOCLAN WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE CUCKOOCLAN WEBSITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE CUCKOOCLAN WEBSITE IN AN ACCURATE OR TIMELY MANNER.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your username and password, as well as all activities that occur under your account. You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, assigns, distributors, service providers, resellers and suppliers (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
TERMINATION
cuckOOclan reserves the right to immediately terminate, without prior notice, your Account and your use of, and access to, the Website for any reason, including, without limitation, that cuckOOclan believes that you have breached these Terms of Use. You further agree that such termination shall be made at cuckOOclan’s sole discretion and that cuckOOclan shall not be liable to you or any third party for any termination of your account, or barred access to the Website.
INTERNATIONAL USE
cuckOOclan implies no representation that Content on this site is appropriate or available for use in locations outside South Africa, and accessing the Website from regions where the Content is deemed illegal is prohibited. Should you choose to access this site from other locations you do so on your own initiative and are responsible for compliance with local laws.
JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of South Africa and further, that the parties involved submit to the exclusive jurisdiction of the South African Courts. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Website site shall be filed only in the courts of South Africa.
COPYRIGHT NOTICE
The cuckOOclan Website is © 2024 cuckOOclan – All Rights Reserved. No portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of cuckOOclan.
TRADEMARKS
All of the cuckOOclan trademarks are owned by cuckOOclan and may not be used for any purpose without the prior written permission of cuckOOclan.
GENERAL
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and cuckOOclan’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.