1. Acceptance of Terms of Service
By completing the registration process and clicking on the "join" button, you agree to be bound by these Terms of Service and to use Cherrybomb and its partner sites in a manner consistent with all applicable laws and regulations.
2. Registration Information/Privacy
Cherrybomb may disclose to third parties certain aggregate information contained in your registration application. We will not disclose your name, address, email address or telephone number without your prior written consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.
3. Modifications to these Terms of Service
Cherrybomb may modify these Terms of Service from time to time in its sole discretion. We will provide you with reasonable notice of any such changes; your continued use of Cherrybomb and its personals partner sites will signify your acceptance of any changes.
4. Modifications to Cherrybomb
Cherrybomb and its personals partner sites may, at its discretion, add or delete features, services and partners.
5. Content by Cherrybomb Members
You alone are responsible for any content you post on Cherrybomb or its partner sites, including but not limited to message board posts, chat participation, homepages, personal ads and member profiles — and the consequences of any such content. You agree not to use Cherrybomb or its partner sites to post or distribute material (including but not limited to text, graphics, video, programs or audio) that is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or 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. You also agree not to post material that contains advertising or any form of commercial solicitation, and not to impersonate any other person or entity, including impersonating an employee or consultant of Cherrybomb or any of its partner sites.
Cherrybomb reserves the right to delete or remove any member content, and to terminate your account if we become aware and determine, at our sole discretion, that you are violating any of the foregoing guidelines.
Cherrybomb reserves the right to excerpt any member content, text or imagery, including but not limited to, posts made in the Message Boards, and feature it elsewhere on the Cherrybomb site and its partner sites.
6. Copyrighted Material
Cherrybomb and its partner sites respect the intellectual property of others and we ask that our users do the same. All material in Cherrybomb and its partner sites, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by Cherrybomb or a third-party content provider is allowed by members for personal use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise. Your access to content posted by other Cherrybomb members is also for your personal use only. If you want to redistribute such content, it is your responsibility to obtain permission from the member who posted it. Any material protected by copyright may not be posted on Cherrybomb or its partner sites without the express permission of the author or owner of the copyright on that material.
7. Your Account and Password
You are responsible for maintaining the confidentiality of your member name and password. You are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify Cherrybomb of any unauthorized use of its account.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF CHERRYBOMB AND ITS PARTNER SITES, INCLUDING IS AT YOUR SOLE RISK. CHERRYBOMB AND ITS PARTNER SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CHERRYBOMB AND ITS PARTNER SITES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
CHERRYBOMB AND ITS PARTNER SITES MAKE NO WARRANTY THAT CHERRYBOMB AND ITS PARTNER SITES WILL MEET YOUR REQUIREMENTS, OR THAT CHERRYBOMB AND ITS PARTNER SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES CHERRYBOMB AND ITS PARTNER SITES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CHERRYBOMB AND ITS PARTNER SITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH CHERRYBOMB AND ITS PARTNER SITES. CHERRYBOMB AND ITS PARTNER SITES ARE NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CHERRYBOMB AND ITS PARTNER SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH CHERRYBOMB AND ITS PARTNER SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CHERRYBOMB AND ITS PARTNER SITES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE CHERRYBOMB AND ITS PARTNER SITES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH CHERRYBOMB AND ITS PARTNER SITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF CHERRYBOMB AND ITS PARTNER SITES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Indemnification
You agree to indemnify Cherrybomb, its parents, subsidiaries, affiliates, partner sites, officers and employees against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Cherrybomb and its partner sites the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
10. Termination of Membership
Cherrybomb reserves the right to refuse membership to anyone. Cherrybomb may terminate your membership and any and all information, communications, or postings at any time, without notice, for conduct that violates this agreement or other policies or guidelines set out by Cherrybomb, or for online conduct that Cherrybomb believes is harmful to other members, the business of Cherrybomb, or other third-party information providers.
While we can't regulate what happens between members once they decide to meet offline, we do take all complaints regarding offline behavior very seriously. If we feel that your continued use of the Cherrybomb could lead to offline behavior that is harmful to other members, the business Cherrybomb, we will suspend your account. Depending on the severity and/or number of complaints, we may or may not send you warning emails before suspending your account.
11. Legal Venue
This agreement shall be governed by the laws of the State of New York in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.
12. Severability & Headings
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
13. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.