Terms of Use

Terms and Conditions (Agreement) for CupidsBeau.com

This web page represents a legal document and constitutes the Terms and Conditions (the “Agreement”) for our website, https://www.cupidsbeau.com/ (the “Website”). By accessing or using the Website, you agree to fully comply with and be bound by this Agreement each time you use the Website.

Definitions

The terms “us,” “we,” and “our” refer to Naperstream, LLC, the owner and operator of the Website. A “Visitor” is someone who merely browses the Website. A “Member” is someone who has registered with the Website to use our Services. The term “User” refers to either a Visitor or a Member. “Product” means any products, downloads, or resources we sell or give away.

All text, information, graphics, designs, and data offered through the Website or our Services, whether provided by Members or by us, are collectively referred to as our “Content.” We distinguish content posted by Members as “Member Content.”

Acceptance of Agreement

This Agreement is between you and Naperstream, LLC.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE READ THESE TERMS CAREFULLY. YOUR ACCESS TO AND USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE WITH ALL TERMS AND CONDITIONS HEREIN, DO NOT USE THE WEBSITE.

Except as otherwise noted, this Agreement constitutes the entire and only agreement between you and Naperstream, LLC and supersedes all prior agreements, representations, warranties, and understandings regarding the Website, our Services, and the subject matter herein. To use certain Services, you may be required to agree to additional terms and conditions, which are incorporated into this Agreement unless stated otherwise.

Privacy Notice

Our Privacy Policy is part of this Agreement and is available on the Website. You must review it here: https://www.cupidsbeau.com/privacy-policy. If you do not accept and agree to be bound by the Privacy Policy and this Agreement, do not use the Website or our Services.

Arbitration

Any legal controversy or claim arising out of or relating to this Agreement and/or our Services, excluding legal action taken by us to collect or recover damages or obtain injunctive relief relating to website operations, intellectual property, or our Services, will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated with any claim or controversy of any other party. The arbitration will be conducted in Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Either party may seek interim or preliminary relief from a court of competent jurisdiction in Illinois necessary to protect the rights or property of you or us pending the completion of arbitration. Each party will bear half of the arbitration fees and costs.

Choice of Law and Jurisdiction

This Agreement will be treated as though executed and performed in Illinois and will be governed by and construed in accordance with the laws of the State of Illinois without regard to conflict of law provisions. You agree to submit to the personal jurisdiction and venue of the courts in Illinois. Any cause of action by you with respect to the Website or Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Limited License

Naperstream, LLC grants you a nonexclusive, nontransferable, revocable license to access and use the Website and Services strictly in accordance with this Agreement. Your use is solely for internal, personal, noncommercial purposes unless otherwise authorized in writing. No printout or electronic version of any part of the Website or Services may be used by you in any litigation or arbitration matter whatsoever.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website, Content, and Services, and any software or materials provided therein.

Our Relationship to You

This Agreement does not create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and Naperstream, LLC.

Our Intellectual Property

The Website may contain service marks or trademarks belonging to us, our affiliates, or other companies in the form of words, graphics, and logos. Your use of the Website or Services does not grant any right or license to use such marks without prior written permission from Naperstream, LLC.

Our Content is protected by U.S. and foreign copyright laws. Copying, redistributing, using, or publishing any Content is strictly prohibited without our express written consent. Your use of the Website and Services does not grant you ownership rights to our Content.

Eligibility and Registration for Membership

To access certain Services, you must register and create an account. Membership is not transferable or assignable and is void where prohibited. The Website and Services are intended solely for Users at least eighteen (18) years of age. Any registration by, use of, or access to the Website by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. By using the Website and/or Services, you represent and warrant that you are at least 18 years old and agree to abide by all terms of this Agreement. Naperstream, LLC reserves the right, in its sole discretion, to accept or reject any Member registration with or without explanation.

Upon registration, you will receive or create a password. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. Notify us immediately of any unauthorized use of your password or breach of security. We are not liable for any loss or damage arising from your failure to comply with this security obligation.

Errors, Corrections, and Changes

We do not warrant that the Website will be error-free or free of viruses or other harmful components, or that defects will be corrected. We do not warrant that information available on or through the Website will be accurate, current, or reliable.

Naperstream, LLC may, at its sole discretion, change or update any Content, software, features, and other items used or contained on the Website or Services at any time without notice.

Disclaimer

The Website publishes content supplied by third parties, Users, advertisers, merchants, and sponsors. Accordingly, Naperstream, LLC has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of their respective authors and not of Naperstream, LLC. We do not guarantee the accuracy, completeness, merchantability, fitness for a particular purpose, or legality of any content provided by third parties.

We do not operate or control the products or services offered by third-party merchants. Those merchants are responsible for order processing, fulfillment, billing, and customer service. We are not a party to transactions between you and merchants. Your use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. Merchant terms, policies, and procedures apply while on their websites.

Nothing on the Website constitutes financial, investment, legal, medical, psychological, or other professional advice, and no professional relationship is created between you and Naperstream, LLC or any Member. You agree not to make decisions based in whole or in part on anything contained on the Website or Services.

Warranty Disclaimer

Naperstream, LLC is not responsible or liable in any manner for any Content posted on the Website or in connection with the Services, whether posted by Members or by us. Although we may provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter.

The Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Naperstream, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of Member communications. We are not responsible for any technical malfunction of any network, computer system, server, provider, equipment, or software, including failure of email due to technical problems or traffic congestion on the Internet.

UNDER NO CIRCUMSTANCES WILL NAPERSTREAM, LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE OR SERVICES OR ANY INTERACTIONS BETWEEN USERS, WHETHER ONLINE OR OFFLINE.

REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, OR SUPPLIER DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT OR SPONSORSHIP.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS.” ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, OR OTHER LIMITATIONS.

NAPERSTREAM, LLC, INCLUDING OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT OR SOFTWARE THROUGH THE WEBSITE AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation of Liability

IN NO EVENT WILL NAPERSTREAM, LLC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ACCESS TO THE WEBSITE AND/OR SERVICES DURING THE ONE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may post Member Content through the Services. Users understand they may be exposed to content that is offensive or objectionable. We do not control Member Content and do not guarantee its quality, accuracy, or integrity. If Member Content is reported as offensive or inappropriate, we may request removal or modification within 24 hours of notice. Failure to comply may result in restriction or immediate termination of membership.

We may remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable laws, including copyright and trademark laws.

You agree not to use the Services to upload, post, or transmit Member Content that:

  • Violates any local, state, federal, or international law

  • Infringes any intellectual property or proprietary right

  • Harasses, defames, threatens, or is obscene, abusive, hateful, or otherwise objectionable

  • Discloses private information of third parties

  • Contains viruses, malicious code, or scraping tools

  • Constitutes unsolicited advertising, spam, or chain letters

  • In our sole judgment restricts or inhibits others’ use or exposes us or Users to harm

You also agree not to:

  • Develop a competing website using our Content

  • Create compilations or derivative works from our Content

  • Redistribute our Content by sale, license, lease, rental, subscription, or otherwise

  • Decompile, disassemble, or reverse engineer the Website, Services, or related software

  • Use the Website or Services in any manner that violates this Agreement or any law

Use of Information

By posting, displaying, transmitting, performing, or otherwise distributing Member Content on the Website, you grant Naperstream, LLC and its officers, directors, employees, agents, consultants, representatives, and affiliates a nonexclusive, worldwide, royalty-free license to use such Member Content in connection with the operation of our business, including the right to distribute, copy, transmit, publicly display, reproduce, edit, translate, and reformat the Member Content. You understand and agree that you will not be compensated for Member Content. You represent and warrant that you own the rights to the Member Content or are authorized to post it.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including reporting suspected unlawful activity to law enforcement, regulators, or other third parties, and disclosing any information necessary or appropriate, including profiles, email addresses, usage history, posted materials, IP addresses, and traffic information.

Linking to Our Website

You may link to the Website provided that (a) you do not remove or obscure any portion of the Website by framing or otherwise, (b) your site does not engage in illegal or pornographic activities, and (c) you cease providing links upon our request.

Links to Other Websites

The Website may contain links to third-party websites. Inclusion of any link does not imply endorsement, guarantee, or recommendation of the information, content, or services therein. We have no control over third-party legal documents or privacy practices; access such websites at your own risk. Review their privacy policies and terms to understand their practices.

Payments

If you purchase from us, you represent and warrant that: (i) any payment information you provide is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred at the posted prices, including applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge resulting from the dishonored payment.

Refund and Return Policy

If you purchase physical goods directly from us, we may refund the purchase price within thirty (30) days of your written request stating the reason for the refund, subject to the return of the Product in substantially the same condition as when purchased. Any refund or return may be subject to restocking fees as posted on the Website. Any digital items purchased are not refundable.

Termination of Membership

Your membership remains effective until terminated by you or by us. Your rights under this Agreement will terminate without notice if you fail to comply with any term herein. Upon termination, you must cease representing yourself as a Member and delete or destroy any information or Content obtained from the Website. Provisions concerning copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdiction survive termination.

Indemnification

You agree to indemnify, defend, and hold harmless Naperstream, LLC and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party information providers, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim, and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Website or Services.

Severability and Survival

If any part of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law, and the remaining portions will remain in full force and effect. To the extent that any Content conflicts with this Agreement, this Agreement controls. Our failure to enforce any provision does not waive our right to enforce it later. Our rights under this Agreement survive any termination.

Changes to Our Terms and Conditions

We may amend these Terms and Conditions at any time. Amendments are effective immediately upon posting the updated Terms on the Website. No unilateral amendment will retroactively change agreed dispute-resolution provisions for then-pending disputes unless both parties expressly agree. Your continued use of the Website, Services, or Products after we post changes constitutes your acceptance of the revised Terms. If you do not agree, discontinue use of the Website, Services, and Products.