CupidIntimates.com

Terms of Use


Thanks for Visiting the Cupid Intimates Website

The CupidIntimates.com website (the “Site”) is owned, operated, and maintained by Cupid Foundations, Inc.  Cupid Foundations, Inc. also does business as Cupid Intimates.  The distribution center for Cupid Intimates is operated by Southwest Corset Corporation, which does business as Southwest Cupid.  We refer to Cupid Foundations, Inc./Cupid Intimates and/or Southwest Corset Corporation/Southwest Cupid as "Cupid Intimates," “we,” “us,” or “our.”  We hope you enjoy using the Site.  Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out some legal rules of the road as they apply to your visit here and your use of our Site.  We hope the following will be clear, but if you have any questions after reading this page, please feel free to contact us at site_administrator@cupidintimates.com.  In addition to our special use of the lower-case words “we,” “us,” and “our” defined above, you'll notice that we capitalize certain words in these Terms of Use even though the rules of grammar don't require that they be capitalized.  We do this because these words have specific meanings in these Terms of Use.  These specific meanings are found where the capitalized words are placed in bold text, inside parentheses, and/or inside quotation marks.

Agreement with Our Terms of Use

By using this Site, you agree to accept these Terms of Use, so please be sure to read them carefully.  If you don’t agree with our Terms of Use, please don’t use our Site.  We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time.  Please check this page periodically for changes.  Unless the law requires otherwise, your continued use of our Site, following the posting of any changes to these Terms, will mean that you accept those changes.

PLEASE BE ADVISED THAT TO THE EXTENT THAT CUPID INTIMATES PROVIDES ANY CONTENT FROM THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, OPINIONS AND ADVICE), SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  CUPID INTIMATES CANNOT AND DOES NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY, AND/OR LEGALITY OF THIRD-PARTY CONTENT AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF, OR RELATING TO, SUCH CONTENT LISTED..

User Information

While using the Site, you may provide, or we may collect, information about you.  We're committed to protecting the privacy of our customers’ information and explain our policies with respect to the use and disclosure of such information in our Privacy Policy.  That Privacy Policy should be considered incorporated into these Terms of use.

Accessibility

While we can't guarantee that all the features and functions of our Site will be fully accessible by all people with disabilities, we're committed to making the Cupid Intimates Website available to all our users, including those with disabilities, and have designed this Site with accessibility in mind.  You can help.  If you notice any content, feature, or functionality of the Site that isn't accessible to people with disabilities, please email us at site_administrator@cupidintimates.com with the words “Disabled Access” in the subject line.  In the email, please provide a description of the specific feature you feel isn't accessible or a suggestion for improvement.  We can’t promise that we’ll make the changes you suggest, but we can assure you that we'll take your input seriously and will consider it as we evaluate ways to accommodate all our customers and improve our overall accessibility.

Restrictions on the Use of the Materials on Our Website

The Site and all its contents are copyrighted materials, protected by U.S. and international copyright laws.  The compilation of content on our Site is the exclusive property of Cupid Foundations, Inc. and its related companies and may not be used for any purpose other than browsing and your own private (i.e., non-commercial) use.  No authority is given to reproduce any text or image from this site without the express written permission of Cupid Foundations, Inc.  Additionally, the names and logos of Cupid Foundations, Inc. and its related companies, some of which are listed next, are trademarks and/or service marks that are owned or licensed by Cupid Foundations, Inc.  The following trademarks and service marks, and the designs associated with the marks and their logos, have been registered with/applied for from the U.S. Patent and Trademark Office and, in some cases, have also been registered in other countries: Naomi & Nicole®; Miraclesuit®; Cupid®; TC®; Luxurious Shaping®; Back Magic®; Wonderful Edge®; Unbelievable Comfort®; Comfortable Firm®; Shape with an Edge®; Just Enough®; Cool Choice®; and Shape Away®, as well as other Cupid Intimates graphics, logos, and service names that are also trademarks and service marks of Cupid Foundations, Inc.  These trademarks and service marks may not be used by any party other than Cupid Foundations, Inc. without express written consent.  Also, to the extent that we include certain trademarks owned by other parties on our Site, these trademarks are the property of their respective owners.  You agree not to copy, reproduce, or modify any portion of this Site.  This restriction includes copying, reproducing, or modifying any names, trademarks, and/or logos which Cupid Foundations, Inc. owns or has the right to use.

Material can be downloaded onto one computer for personal, non-commercial use only, provided copyright, trademark, or other proprietary notices aren't changed or deleted.  Any modification of the materials on our Site, or use of them for any other purpose, will violate our intellectual property rights (and probably the intellectual property rights of some other parties).

Everything you download--all software, all files, all images incorporated in or generated by the software, and all data accompanying the software - remains our property.  That means that we retain full and complete title to the software and to all the associated intellectual property rights.  You cannot redistribute or sell the material, or reverse-engineer it, disassemble it, or otherwise convert it to any other form.

All images, unless otherwise cited, are the property of Cupid Foundations, Inc. Please contact us for permission to reproduce them. 

Be aware that sometimes we provide access to other websites from our Site.  We don't endorse or approve any products or information offered at sites you reach through our Site. 

Materials Submitted to Us

We welcome any comments you may have regarding Cupid Intimates, our Site, our merchandise, and our services.  However, we discourage you from providing any suggestions or ideas that you consider proprietary or confidential.  Please note that any comments you submit to us through our Site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated.  This means that we don't have to treat any such submissions (including, but not limited to, product or advertising ideas) as confidential.  We won't pay you or anyone else for any information that you provide and we use.  Additionally, you acknowledge that you take full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright. 

IT'S IMPORTANT TO REMEMBER THAT COMMENTS SUBMITTED BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR SITE AND ELSEWHERE ON THE INTERNET, AND ARE LIKELY TO BE ACCESSIBLE FOR A LONG TIME.  You have no control over who'll eventually see such comments.  Be careful and selective about the personal information that you disclose about yourself and others and don't disclose sensitive, proprietary, or confidential information.

Content Indemnity

As between you and Cupid Foundations, Inc., you represent and warrant to us that any material you provide to us is original to you and that no other party has any rights to it, including so-called “moral rights.”  You also agree to defend, indemnify, and hold Cupid Foundations, Inc. and Cupid Intimates, their affiliates, and their directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, and/or your posting, submitting, publishing, or transmitting of any materials, and/or your breach or violation of the law or these Terms of Use.  Cupid Foundations, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Cupid Foundations, Inc.’s defense of such claim.  In other words, you promise that no other company or person will claim that you stole or are inappropriately using the materials and that, if they do, or if you do other things that may make us liable for legal claims for what you do using the Cupid Intimates Site, you will legally protect us from that claim and pay any money that might be owed as a result - whether to our lawyers, your lawyers, a court, or the other person or company making the claim.

Our Right to Use the Materials

By submitting, posting, or displaying materials, you’re automatically granting, and hereby do grant, to Cupid Foundations, Inc., a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (including copy, display, perform, publish, modify, adapt, and translate) such materials, in all forms and media, in connection with the Cupid Intimates Site (the “License”) to the extent such materials aren’t owned by us, pursuant to the preceding paragraphs.  This means that our right to possess, use, and display the materials anywhere, and through any means the Internet allows, will never expire; that we’ll never owe you any money for it; and that we may allow others to use or possess the materials (for instance, to host the Cupid Intimates Site for us, or if we were to sell or re-organize our business).  If you want us to remove the materials from the Cupid Intimates Site, however, we’ll try to ensure that they no longer appear on the Site and are removed from our internal systems and no longer used. 

Right to Monitor and Editorial Control

Cupid Foundations, Inc. reserves the right, but doesn’t have an obligation, to monitor and/or review all materials posted to the Site, or through the Site’s services or features, by users, and we’re not responsible for any such materials posted by users.  However, we always reserve the right to disclose any information, as necessary, to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that, in our sole discretion, are objectionable or violate these Terms of Use, Cupid Foundations, Inc. policies, or applicable law.  We may also impose limits on certain features of the Cupid Intimates Site or restrict your access to part of, or all, the Site without notice or penalty if we believe you’re in breach of the guidelines set forth in this paragraph, these Terms of Use, or applicable law, or for any other reason, without notice or liability.

Copyright Agent; Repeat Infringers

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under U.S. copyright law.  If you believe that materials we host on or through the Cupid Intimates Site infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked.  If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet statutory requirements imposed by the DMCA.  We suggest that you consult with your legal advisor before filing a notice or counter-notice.  Cupid Intimates maintains a policy that provides for the termination, in appropriate circumstances, of Site-use privileges of users who are repeat infringers of the intellectual property rights of others.  Please be aware that there can be substantial penalties for false claims.  Notices and counter-notices for the Site should be sent:

Via email, to:
site_administrator@cupidintimates.com

Or, via regular mail, to:
Cupid Intimates
475 Park Avenue South
New York, NY 10016-6901
1-212-686-6224

With a copy to:
CupidIntimates.com
c/o Southwest Cupid
Attn: Site Administrator
318 North 29th Street
Blackwell, OK 74631-2408
1-580-363-1935

Prohibited Conduct

Any conduct by you, that in Cupid Intimates' sole discretion, restricts or inhibits any other user from using or enjoying our Site, won’t be permitted.  You agree to use our Site only for lawful purposes.  You’re prohibited from posting to, or transmitting through, the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.  In addition, you shall not post any materials that (i) violate, plagiarize, or infringe upon the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, privacy, or publicity rights, or any other proprietary rights; (ii) contain viruses, spyware, or any other malware and/or harmful component; (iii) contain embedded links, advertising, chain letters, or pyramid schemes of any kind; or (iv) constitute or contain false or misleading indications of origin, endorsement, or statements of fact.  You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or Cupid Intimates.  You alone are responsible for the content and consequences of any of your activities.

Disclaimer and Limitation of Liability

None of what follows affects, in any way, our return policy at Cupid Intimates and CupidIntimates.com.  If, for any reason, you aren’t satisfied with a purchase of a Cupid Intimates product, please return it in accordance with the instructions provided by the retailer.  Additional information about the Cupid Intimates and CupidIntimates.com return policies are provided elsewhere on the Site.  The following, though, is important information about your use of this Site.

THE SITE’S CONTENT IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CUPID FOUNDATIONS, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY.  CUPID FOUNDATIONS, INC. WON’T BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES THAT ACCOMPANY, OR RESULT FROM, YOUR USE OF OUR SITE.  THESE INCLUDE (BUT AREN’T LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) OUR SITE OR ANY OTHER WEBSITE TO WHICH YOU VISIT VIA HYPERLINK FROM OUR SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER MALWARE, OR LINE FAILURE.  FURTHERMORE, WE AREN’T LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

EXCEPTION:  IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

THIS SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES, AND MAY NOT BE COMPLETE OR CURRENT.  CUPID FOUNDATIONS, INC., THEREFORE, RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION, AT ANY TIME, WITHOUT PRIOR NOTICE.  PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY.  WE APOLOGIZE FOR ANY INCONVENIENCE.

Jurisdiction

Unless otherwise specified, the materials on our Site are presented to provide information to visitors about Cupid Intimates, its products offered for sale, and its related services.

Cupid Foundation, Inc.'s corporate headquarters are located in New York City, New York, and our e-commerce operations, including the most substantial portion of the operational control of this Site, are located in our Distribution Center in Blackwell, Oklahoma.  We, in no way, imply that the materials on our Site are appropriate or available for use outside of the United States.  If you use our Site from locations outside of the United States, you’re responsible for compliance with any applicable local laws.  In addition, you may not use or export the materials in violation of U.S. export laws and regulations.

Additional Points about the Terms of Use of this User Agreement

These Terms of Use, and the Agreement they create, shall be governed by, and interpreted according to, the laws of the State of New York (without applying the State's conflict-of-law principles).  Cupid Foundations, Inc. reserves the right to bring any civil action in New York, arising from your violation of the Terms of Use of this Agreement.

If any provision of this Agreement is unlawful, void, or unenforceable, it won’t affect the validity and enforceability of any remaining provisions.  Cupid Foundations, Inc. may modify these Terms of Use, and the Agreement they create, at any time, simply by updating this posting without notice to you.  This is the entire Agreement regarding all the matters that have been discussed in the preceding paragraphs.

Digital Millennium Copyright Act Information

For inquiries or claims regarding copyright issues, please contact our DMCA agent:

Steven Kanter
C/O Cupid Foundations, Inc.
475 Park Ave South
17th Floor
New York, NY 10016-6901
Phone: 212-686-6224
Fax: 212-481-9357
email: cupiddmca@cupidintimates.com