AGREEMENT ON TERMS OF USE

This is an Agreement between the Owner of TudyDoll.com ("We", "Us", or "Our"), and the user (“You” or “Your”) of the TudyDoll.com website (the “Site”) owned by Us.

By accessing, browsing or using this Site, You acknowledge that You have read this Agreement on Terms of Use in its entirety (“Agreement”) and fully understand and agree to be bound by this Agreement and to comply with all applicable laws and regulations.

IF YOU DO NOT CONSENT TO THIS AGREEMENT THEN YOU MUST NOT USE THIS SITE.

General Site Use

We hereby grant You a limited and non-exclusive license to access specific and clearly identified illustrations and services on the Site (the "Materials") solely for Your personal, non-commercial use, subject at all times to the terms of this Agreement. All other illustrations, designs, backgrounds and layouts of the Site are specifically excluded from the Materials (the “Reserved Content”) and no license to use the Reserved Content, whether by implication or otherwise, is granted.

All other uses, including but not limited to copying, printing, scanning, framing, and posting, of the Site, Materials and Reserved Content is strictly prohibited, except as may be otherwise provided in this Agreement.

All of the Materials and Reserved Content available on the Site are copyrighted by Us. Additionally, certain products, technology, services and processes described or used on this Site may be the subject of intellectual property rights reserved by Us or by third parties. Except for the limited and non-exclusive license granted above, nothing contained herein shall be construed as granting You in any manner, whether by implication or otherwise, any license, title, or ownership of or to any of Our intellectual property rights or that of any third party.

IF YOU ARE UNDER 18 YEARS OF AGE YOU MAY BE A GENERAL SITE USER BUT YOU CANNOT BE A SUBSCRIBER OF THE SITE. YOUR PARENT, GUARDIAN OR PERSON HAVING PARENTAL AUTHORITY OVER YOU MUST BE THE SUBSCRIBER. YOU MUST BE AN ADULT AND MUST BE AUTHORIZED TO USE A CREDIT CARD TO BE A SUBSCRIBER OF THE SITE.

If You agree to be a subscriber of the Site, You must provide the specified information in the subscription form, which is required solely for subscription fulfillment, and fully pay the applicable fee for the subscription of Your choice. Failure to fully pay the fee shall entitle Us to refuse subscription, or immediately terminate Your subscription without further notice. Your subscription shall immediately be terminated upon the lapse of the subscription period of Your choice, without further notice from Us.

As Subscriber, We hereby grant You a limited and non-exclusive license to copy and print illustrations on the Site that are specifically identified as available for printing (the “Illustrations”) solely for Your personal, non-commercial use, subject at all times to the terms of this Agreement. All other illustrations, designs, backgrounds and layouts of the Site are specifically excluded from the Illustrations (the “Reserved Content”) and no license to use the same, whether by implication or otherwise, is granted.

All of the Illustrations available on the Site are copyrighted by Us and nothing contained herein shall be construed as granting You, in any manner, whether by implication or otherwise, any license, title or ownership to the Illustrations or any modification, amendment, or variation of the Illustrations, whether introduced by You or any third party. You agree that any copy of the Illustrations that You make, on any medium, shall retain all copyright and other proprietary notices contained therein.

Trademarks

The Tudy and TudyDoll marks are Our trademarks and tradenames and all rights thereto are expressly reserved. Any unauthorized use of the same is strictly prohibited.

Links and Advertisements

We may feature on the Site links in various forms to third-party web sites. The goods and services available thru these links are offered by other independent parties and are not affiliated with Us in any way. We make no representation as to these goods and services or to the independent parties, whether in terms of quality, fitness, reliability, merchantability or any other characteristic. We shall not be liable for any transaction entered into by You with these independent parties, nor for any loss, damage or other cause of action that You may have arising from Your transaction with these independent parties. We may be featured as a link of another web site. We do not make any representation or give any warranties with respect to any information contained in these other sites and We shall not be liable for any transaction entered into by You with these other sites, nor for any loss, damage or other cause of action that You may have arising from Your use of the other sites.

Warranty Restriction; Limitation Of Liability.

THE MATERIALS, ILLUSTRATIONS, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, ILUSTRATIONS, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. THE MATERIALS, ILLUSTRATIONS AND SERVICES AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT WE, AND OUR AFFILIATES'S, AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID BY YOU TO US PURSUANT TO THIS AGREEMENT.

NEITHER WE NOR OUR AFFILIATES TAKE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY CONTENT TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD US HARMLESS AND OUR AFFILIATES AND PARTIES WITH WHOM WE HAVE CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.

International Use

Because of the nature of the Internet, We, and Our affiliates, do not make any representation that Materials, Illustrations and Services on this Site are appropriate or available for Your use in all territories, and accessing them from territories where their contents are illegal is prohibited. You are responsible for compliance with Your own local laws.

Indemnification

You hereby indemnify, defend and hold Us harmless and Our affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You or any user of Your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

Enforcement

In the event We determine, in Our sole discretion, that You have violated this Agreement, We have the right to immediately terminate Your subscription (with or without refund), refuse subscriptions, or pursue any other remedies available to Us under applicable laws.

Governing Law

This agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Illinois.

Updates to Agreement

We have the right to revise this Agreement at any time by updating this posting. By using this Site, You agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Agreement to which You are bound.

Copyright Infringement Notices

It is Our policy to respect intellectual property rights. Notifications of claimed copyright infringement should be sent to Our Administrative Contact and must include the following:

An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;.

A description of the copyrighted work that You claim has been infringed, and a description of the infringing activity, including where the material which You claim is infringing is located on the Site, sufficient to allow Us to locate the material;

Identification of the location where the original or an authorized copy of the copyrighted work exists, Your address, telephone number, and e-mail address;

A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by You made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or agent authorized to act on the copyright owner's behalf.