Agreement between User and Cub and Bare, LLC
Welcome to Cub and Bare, LLC.
Cub and Bare, LLC (and cubandbare.com) is a service and commerce company offering apparel and home goods.
These terms of service outline the rules and regulations for the use of Cub and Bare, LLC’s website. The cubandbare.com website (the “Site”) is comprised of various web pages operated by Cub and Bare. Cubandbare.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). By accessing this website, we assume you accept these terms of service in full. Do not continue to use Cub and Bare, LLC’s website if you do not accept all of the terms of service stated on this page.
The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms of service. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and us, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, per and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. These terms of use may be updated by us from time to time without specific notice to you.
Cub and Bare, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with any provision of these Terms of Service.
These Terms of Service contain an arbitration and class action waiver provision in the Dispute Resolution section below that impacts your rights under these Terms of Service and concerning any disputes between you and Cub and Bare, LLC or our affiliates.
Cookies
We employ the use of cookies. By using Cub and Bare, LLC’s website you consent to the use of cookies per Cub and Bare, LLC’s privacy policy. Most interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.
Intellectual Property Rights
Unless otherwise stated, Cub and Bare, LLC and/or it’s licensors own the intellectual property rights for all material on Cub and Bare, LLC. All intellectual property rights are reserved. You may view and/or print pages from www.cubandbare.com for your own personal use subject to restrictions set in these terms of service.
You must not:
• Republish material from www.cubandbare.com
• Sell, rent, or sub-license material from www.cubandbare.com
• Reproduce, duplicate or copy material (content) from www.cubandbare.com
• Redistribute content from
Cub and Bare, LLC (unless content is specifically made for redistribution).
All artwork, images, and graphics are the sole property of Cub and Bare, LLC and may not be used by any third party without written permission. Copying or reproducing artwork created by Cub and Bare(as seen on www.cubandbare.com, or elsewhere) is strictly prohibited without written permission from the artist, Jaime Arango. Cub and Bare, LLC retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business. Cub and Bare, LLC retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings.
Cub and Bare, LLC retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY Cub and Bare UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.
Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork.
Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artist name).
All other uses must be agreed to in advance in writing. For inquiries about using images from www.cubandbare.con, please contact: cubandbare@gmail.com
All content on the website is owned by or licensed to Cub and Bare, LLC, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions.
Cub and Bare reserves all rights not expressly granted in and to the Website and the Content contained therein.
The Cub and Bare website is © 2021 Cub and Bare, LLC – All Rights Reserved.
You agree not to circumvent, disable, or otherwise interfere with any security-related features of the Website, or with any features that prevent or restrict use or copying of any Content. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereafter.
Electronic Communications
Visiting www.cubandbare.com or sending emails to Cub and Bare, LLC constitutes electronic communications. You consent to receive electronic communications; you agree that all agreements, notices, disclosures, and other communications or sending emails to Cub and Bare, LLC constitutes electronic communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.
Ability to Accept Terms of Service
You affirm that (i.) you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent to enter into this agreement, (ii.) that you are able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms of Service, and (iii.) you understand and will comply with all of these Terms of Service.
User Comments
This Agreement shall begin on the date hereof.
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material, and data (‘Comments or Reviews’) in areas of the website. Cub and Bare, LLC does not screen, edit, publish or review Comments before their appearance on the website and Comments do not reflect the views or opinions of Cub and Bare, LLC, its agents, or affiliates. Comments reflect the view and opinion of the person who posts such views or opinions. To the extent permitted by applicable laws Cub and Bare, LLC shall not be responsible or liable for the Comments or any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Cub and Bare, LLC reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive, or otherwise in breach of these Terms of Service. You warrant and represent that:
a. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so.
b. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary rights of any third party;
c. The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material or material which is an invasion of privacy
d. Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to Cub and Bare, LLC a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments/Reviews in all forms, formats or media.
Iframes
Without prior approval and express written permission, you may not create frames around www.cubandbare.com pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Indemnification
You agree to indemnify, defend and hold harmless Cub and Bare, LLC, its officers, directors, employees, agents, and third-parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
We shall have no responsibility or liability for any content appearing on your Web site.
No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Cub and Bare, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cub and Bare, LLC in asserting any available defenses.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms of service and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms of service.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
International Users
The Service is controlled, operated, and administered by Cub and Bare, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Cub and Bare, LLC Content accessed through www.cubandbare.com in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Cub and Bare, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Limitation of Liability
IN NO EVENT SHALL Cub and Bare, LLC, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF Cub and Bare, LLC, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON OUR WEBSITE OR IN ANY OF OUR PRODUCTS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR VIA USE OF ANY OF OUR PRODUCTS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT JANE TYREE MCELDOWNEY, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Cub and Bare, LLC from its facilities in the United States of America. Cub and Bare, LLC makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Violations of These Terms of Service
Please report any violations of the Terms of Service, including objectionable User Submissions or behavior, to info@tyreeart.com Please state the reasons for your concern and provide a copy or a link to the User Content, Design or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Cub and Bare, LLC in its sole discretion may investigate the matter and take such action as Cub and Bare, LLC determines to be appropriate.
Modifications to the Website; Inaccuracy Disclaimer
Cub and Bare, LLC reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you at any time. Cub and Bare, LLC shall not be liable to you or any third party for any modification, suspension, or discontinuance of any part of our Website; this includes, but is not limited to, discontinuance of items and modifications of prices.
This Website may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, 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. The information on the Website does not constitute a binding offer to sell products described on the Website. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. In the event a product is listed at an incorrect price or a promotion is incorrectly applied, we have the right to refuse or cancel orders placed, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Changes to Terms
Cub and Bare, LLC reserves the right, in its sole discretion, to change the Terms under which Cub and Bare www.cubandbare.com is offered. The most current version of the Terms will supersede all previous versions. Cub and Bare, LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Cub and Bare, LLC welcomes your questions or comments regarding the Terms: cubandbare@gmail.com
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company concerning cubandbare@gmail.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company for the Website. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Effective as of August 1, 2021
