Terms of Service

Updated 11/17/2008

By using or accessing isCute.com, or any subdomain thereof (the "Site"), or by using any of the services provided by the Site, you agree to be bound by these Terms of Service ("Terms") and the Privacy Policy of Funky Llama Productions LLC ("isCute.com" or "Funky Llama Productions"). Collectively these are referred to as the "Agreement." If you do not agree to the terms of this Agreement you may not use or access the Site or the Services.

isCute.com may at its sole discretion modify this Agreement from time to time, and may modify, suspend or terminate the Site and Services for any reason or no reason and without notice.

1. Description of the Services

isCute.com provides its users the ability to generate and aquire, including without limitation codes, HTML and CSS (including any graphics, audio or video accompanying the codes or provided in the codes) ("Content") that is owned by users of isCute.com or to which they have any necessary rights ("User Content"). This Content and User Content may be shared via the web on, for example, social networking sites, personal websites, message boards, blogs and online journals.

Though the Site and Services are normally available, at times the Site or Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of equipment and telecommunications links beyond the control of isCute.com. isCute.com reserves the right to delete any Content for any reason without notice. Some deleted content may be stored by Funky Llama Productions to meet legal obligations. isCute.com recommends that you keep a backup of your User Content.

2. Age Requirements

Users of the Service must be at least 13 years of age. No information of children under 13 will be knowingly collected by isCute.com. If parents or guardians become aware that a child has provided information, such as through misrepresenting their age, they should immediately close the account or Contact Us with details of the account.

3. Submissions & License

isCute.com does not claim ownership to your User Content. By posting or submitting User Content to isCute.com, you grant isCute.com the non-exclusive, transferrable, worldwide right to use, transmit, reproduce, sub-license, create derivative works from, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose. You acknowledge that you are solely responsible for all Content you submit to the Site or provide to the Service. You represent that you either own the User Content or have the rights necessary to grant Funky Llama Productions this license.

4. Restrictions

By using the Service you agree to the following:

All codes, layouts, or content used on other sites must have a working link back to www.isCute.com from the page where the content is used.
You agree not to use the Service for any activity that violates and local, state or federal law or statute.
You agree not to harm the Site or Service in any way.
You agree not to harass or defame other users of the Service, or anyone through your use of the Service.
You agree not to upload pornography or nudity of any kind.

5. Disclaimer of Warranty and Limitation of Liability

FUNKY LLAMA PRODUCTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. FUNKY LLAMA PRODUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. FUNKY LLAMA PRODUCTIONS MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT FUNKY LLAMA PRODUCTIONS IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, FUNKY LLAMA PRODUCTIONS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF FUNKY LLAMA PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL FUNKY LLAMA PRODUCTIONS' AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO FUNKY LLAMA PRODUCTIONS PURSUANT TO THIS AGREEMENT.

6. Indemnification

You agree to defend, indemnify, and hold harmless isCute.com and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, or your violation of this Agreement

7. Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal courts located in the State of New Mexico, or state courts located in Bernalillo County, New Mexico. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

8. Copyright Infringement

We accept notifications of alleged copyright violations in accordance with the Digital Millenium Copyright Act (The text of the act can be found at http://lcweb.loc.gov/copyright/). Note that if you materially misrepresent a claim of copyright infringement you will be liable for damages (incuding costs and attorney fees -- see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/) We require the following information in order to respond to your request:

Describe in detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work is the code that appears on http://www.example.com/thecode.html)
Identify the material that you claim is infringing the copyrighted work listed in #1. Include relevant URL's that will allow us to identify the work.
Your address, telephone number, and email address
Include the following statement "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law"
Include the following statement "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign the notification (Type your full name to sign it electronically if submitted via email).
Send the notification to our agent at funkyllamaproductions+copyright@gmail.com