Terms & Conditions

OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (“Terms of Use”) apply to the Cute Territory website located at www.cuteterrirory.com (“Website”), which is owned and operated by Marcel Inc. (“Cute Territory”). By using the Website, you agree to these Terms of Use; if at any time you do not agree to these Terms of Use, please do not use the Website.

Marcel Inc. (“Cute Territory”) reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following any such changes will mean that you accept and agree to the changes. Providing that you comply with these Terms of Use, Marcel Inc. (“Cute Territory”) grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

TERMS OF USE, NOTICES AND DISCLAIMERS

Trademarks and Copyrights

The following elements of the Website are owned, controlled or licensed by or to Marcel Inc. (“Cute Territory”) and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws:

The trademarks of Marcel Inc. (“Cute Territory”) and its respective affiliates may not be used without our written permission. Trademarks include the Marcel Inc. (“Cute Territory”) names and logos, and other graphics, logos, page headers, button icons, scripts, and service names of products, services, and programs, and those of our respective affiliates.

Use

You have permission to electronically copy and print hard copies of pages from the Website solely for personal, non-commercial purposes related to placing an order or shopping within the Website. Unless we give you express written permission in advance, any other use of the Website, its content and its information, including linking or framing to the Website, is strictly prohibited.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You may not attempt to gain unauthorized access to any portion or feature of the Website by hacking or any other illegitimate means.

Errors and Inaccuracies

Our goal is to provide complete, accurate, up-to-date information on our Website. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions – including after an order has been submitted – and to change or update information at any time without prior notice. Prices and descriptive information or imagery are subject to change without notice. Some products that we sell may appear smaller or larger than their image displayed on the Site. The color and size of the display of a product may vary depending on the type of computer monitor you use and its settings. We sincerely apologize for any inconvenience this may cause.

Mac User Advisory

Macintosh users must place their online orders using Safari, Google Chrome, Internet Explorer or Firefox. These browsers allow us to offer our customers the highest level of security; other browsers prevent users from viewing secure pages during the checkout process. We apologize for any inconvenience. Cute Territory is not responsible for any losses, damages or other liabilities incurred as a result of your use of any such browsers/software.

Disclaimer and Limitation of Liability

We make no representations or warranties of any kind, whether express or implied, with respect to the Website, its content, or the information available on or through it; they are provided “as is,” with all faults. You acknowledge and agree that you assume full responsibility for your use of the Website and agree that any information you send or receive during your use of the Website may not be secure and may be intercepted by unauthorized parties. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of the Website or any other site(s) linked to it. This limitation of liability applies to direct, indirect, consequential, special, exemplary and punitive or other damages you or others may suffer, as well as damages for lost profits, failure of performance, business interruption, computer viruses, file corruption, communication-line failure, network or system outage, the loss of data or information any other tangible or intangible loss, even if we are notified in advance of the potential for any such damages. Additionally, you specifically acknowledge and agree that neither Cute Territory nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the Website.

Indemnity

You agree to indemnify and hold Marcel Inc. (‘Cute Territory”), its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Marcel Inc. (“Cute Territory”) by any third party due to or arising out of or in connection with your use of the Website.

Privacy Policy and User Information

In the course of your use of the Website, you may be asked to provide certain information to us in connection with your orders for products and administration of the same. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. Marcel Inc.’s (“Cute Territory’s”) use of any personal information you provide via the Website shall be governed by our. For further information regarding our protection of your personal information, please refer to our Privacy Policy and User Information. We do not want to receive confidential or proprietary information or trade secrets through the Website. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. We will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

Applicable Law

By visiting the Website, you agree that the laws of the state of California will govern these Terms of Use and any dispute of any sort that might arise between you and us or any of our affiliates. Any claims asserted by you in connection with the Website must be made within one (1) year of the date of the incident to which it relates or forever be barred. This Website has been designed to comply with the laws of the State of California and of the United States. If any material contained within the Website, or any of your use of the Website, violates the laws of the location where you are when you access the Website, the Website is not intended for your use, and we ask that you refrain from using the Website. You are fully responsible for informing yourself of the laws of your jurisdiction and complying with them.

Disputes

Any dispute relating in any way to your visit to our Website or to products purchased here shall be submitted to confidential arbitration in Studio City, California. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to the Website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

Entire Agreement and Admissibility

These Terms of Use and any policies or operating rules posted on the Website constitute the entire agreement and understanding between you and Marcel Inc. (“Cute Territory”) with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between yourself and Marcel Inc. (“Cute Territory”) with respect to such subject matter.

Marcel, Inc.