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Last updated: February 6, 2012

1. Introduction

This Terms of Use Agreement (the “Agreement” or “Terms”) is made by and between Cup of Zup LLC (“Cup of Zup”, the “Company”, “Us”, “We” and “Our”), and You (“You,” “Your” or “User”). This Agreement contains the terms and conditions that govern Your access to, and use of the Cup of Zup Website located at www.CupofZup.com and any tools hosted thereon, its content, the software, and the associated materials made available through the Cup of Zup Website (collectively, the “Cup of Zup Website”).

2. Agreement

Your use or access of the Cup of Zup Website in any way signifies Your constructive and actual notice and knowledge of, and Your agreement to be bound by, the most current version of the Terms and Privacy Policy (the “Privacy Policy”) as posted on the Cup of Zup Website. It is solely Your responsibility to ensure that Your use of any and all third party Website or content is in compliance with any and all third party requirements.

Access to portions of the Cup of Zup Website may require that You agree to additional terms (“Special Terms”) that, together with these Terms will govern Your use of the relevant Cup of Zup Website portions. Any relevant Special Terms will be provided to You before You will be granted first access. Your continued access shall constitute Your continued acceptance to any applicable Special Terms.

IMPORTANT! THESE TERMS AND ANY APPLICABLE SPECIAL TERMS GOVERN YOUR USE OF THIS CUP OF ZUP WEBSITE. THESE TERMS AND ANY APPLICABLE SPECIAL TERMS ARE SUBJECT TO CHANGE AT ANY TIME IN CUP OF ZUP’S DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT SPECIAL TERMS EACH TIME YOU VISIT THE CUP OF ZUP WEBSITE. YOUR USE OF THE CUP OF ZUP WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE OR ACCESS THE CUP OF ZUP WEBSITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE THIS AGREEMENT MAY NOT BE ALTERED BY YOU EXCEPT WITH THE EXPRESS WRITTEN PERMISSION OF AN AUTHORIZED REPRESENTATIVE OF CUP OF ZUP.

3. Permitted Use

You agree that: (i) Your use of the Cup of Zup Website is subject to and governed by these Terms of Use; (ii) You will only access or use the Cup of Zup Website and transact business with Us if you are at least 18 years old; (iii) You will comply with and be bound by these Terms as they appear on the Cup of Zup Website each time You access and use the Cup of Zup Website; (iv) each use of the Cup of Zup Website by You indicates and confirms Your assent to and agreement to be bound by these Terms; and (v) these Terms are a legally binding agreement between You and Cup of Zup that will be enforceable against You.

4. Restrictions on Use

You may use this Cup of Zup Website only for purposes expressly permitted within the Terms. You may not use this Cup of Zup Website for any other purpose, including any other commercial purpose, without Cup of Zup’s express prior written consent. For example, You may not (and may not authorize any other party to) (i) co‑brand this Cup of Zup Website, or (ii) frame this Cup of Zup Website.

Further, You agree not to use or attempt to use the Cup of Zup Website for any purpose that:

  • interferes with or induces a breach of the contractual relationships between Cup of Zup and its employees;
  • is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
  • transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications;
  • transmits any harmful or disabling computer codes, malware, worms or viruses;
  • interferes with Our network services;
  • attempts to gain unauthorized access to Our network services;
  • impairs or limits Our ability to operate the Cup of Zup Website or any other person’s ability to access and use the Cup of Zup Website;
  • uses any methods, means or devices to click on to the Cup of Zup Website or cause a visit to the Cup of Zup Website for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with Us;
  • unlawfully impersonates another person or otherwise misrepresents Your affiliation with any person or entity;
  • harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  • uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
  • harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
  • dilutes or depreciates the name and reputation of Cup of Zup or any of its affiliates;
  • uploads any content or images that infringe any third party’s intellectual property rights or infringes any third party’s right of privacy; or
  • unlawfully uploads any confidential, proprietary or trade secret information.

5. Proprietary Information

The content accessible from this Cup of Zup Website, and any other Website owned, operated, licensed, or controlled by Cup of Zup is the proprietary information of Cup of Zup or the parties that provide the content to Cup of Zup, and Cup of Zup or the parties that provide the content to Cup of Zup retains all right, title, and interest therein. In any event, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, patent, confidentiality, or any other proprietary notice or legend appearing on any of the content. Modification or use of this content except as expressly provided in these Terms violates Cup of Zup’s intellectual property rights and/or the intellectual property rights of Cup of Zup’s content provider(s). No intellectual property rights are transferred to You by access to this Cup of Zup Website. This means that, without limitation, that You may not, among other prohibited uses, use any hosted content, domain names, e-mail addresses, data, trademarks, service marks, trade names, or works subject to copyright protection from, on or derived from the Cup of Zup Website: (a) in or as any metatag or hidden text; (b) in or as part of any contextual marketing directory, index, or triggering term; (c) as content or advertising related to any other Website including, but not limited to, aggregating Websites, or comparative/informational Websites; and/or (d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Cup of Zup Website or controls the content of any other Internet browser window.

6. Third Party Content

The Cup of Zup Website and content available through the Cup of Zup Website may contain links to other Websites, which are independent of Cup of Zup. Cup of Zup makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Website. Your linking to any other Website is at Your own risk.

From time to time, Cup of Zup may display or otherwise make available promotions, advertisements and/or offers provided by third parties (“Third Party Promotions”). You understand and agree to hold Cup of Zup harmless and agree that Cup of Zup shall have no liability whatsoever for such Third Party Promotions. If You participate in, click on, or otherwise link to such Third Party Promotions You do so solely at Your own risk. Your sole remedy in connection with such Third Party Promotions will be with the third party.

7. Submissions and Testimonials

You acknowledge and agree that all submissions to Cup of Zup containing any content, remarks, graphics, comments, improvements, suggestions, ideas and other information (together, a “Submission”) will become and remain Our exclusive property, including any future rights associated with such Submissions, even if the provisions of these Terms are later modified or terminated. This means that You forever disclaim any proprietary rights in such Submissions, and You hereby grant to Cup of Zup the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Cup of Zup will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Cup of Zup operations.

You acknowledge and agree that all testimonials submitted to Us will become and remain our exclusive property, even if the provisions of these Terms are later modified or terminated. This means that You irrevocably grant to Cup of Zup the unrestricted right (now and in the future, without notice, compensation or other obligation to You or any other person) to use Your statement, image, signature and/or likeness, as furnished by you in any Submission, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Cup of Zup may use any percentage of Your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude Your name or use a fictional name therewith.

8. We Disclaim All Obligations to You

A. You understand that Cup of Zup cannot and does not represent or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and safeguards to satisfy Your particular requirements for the security and integrity of your hardware, software, firmware and related equipment and files, and for maintaining a means external to this Cup of Zup Website for the reconstruction of any lost data. Cup of Zup does not assume any responsibility or risk for Your use of the Internet.

B. No content is necessarily complete and up-to-date and, accordingly, should not be used to replace any written reports, statements, or notices provided by Cup of Zup. Investors, borrowers, and other persons should use the content in the same manner as any other educational medium and should not rely on the content to the exclusion of their own professional judgment. Information obtained by using this Cup of Zup Website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to Your goals.

C. You understand and acknowledge that Cup of Zup controls and operates the Cup of Zup Website from within the United States of America. The Cup of Zup Website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on the Cup of Zup Website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that You are responsible for compliance with all federal, state and local laws applicable to Your access to and use of the Cup of Zup Website.

9. Accounts

A. Certain areas or features of the Cup of Zup Website may be restricted to users who have obtained a user identification and password by completing a registration process described on the Cup of Zup Website (“Your Account”)

B. To create Your Account, You must qualify and agree to the terms and conditions set forth below. Failure to qualify and continuously abide by any of the following terms and conditions constitutes a breach of this Agreement. Specifically, You agree and warrant that:

  1. You are of the age of legal consent for accessing the Cup of Zup Website under the laws of any jurisdictions that apply to You. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time;
  2. All information that You provide in Your registration form for the purposes of establishing Your Account is true and correct and You will promptly notify us of any changes to such information;
  3. You acknowledge that in establishing Your Account You have provided us with certain personal information about You. While we normally keep this information confidential, You agree that it may be necessary, from time to time, for Us to disclose certain personal information to third parties and You consent to all such disclosures. Please see our Privacy Policy for further information;
  4. Your Account is for Your sole use only and must not be used by any third party. You shall not allow any third party to use Your Account, password, Log-In or User ID to access or use the Cup of Zup Website to arrange, enter, and/or participate in services, or for any other purposes. We take no responsibility for any third party access to Your Account;
  5. You have verified and determined that Your use of the Cup of Zup Website Services does not violate any law or regulation in any jurisdiction that applies to You. It is Your sole responsibility to ensure that this is the case;
  6. Your use of the Cup of Zup Website and Your Account is for Your personal use only and it will not be used by You for commercial purposes or in the course of conducting any trade or business;
  7. You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms;
  8. You shall not infringe upon or violate Cup of Zup’s or any third party’s personal, contractual or proprietary rights, including, without limitation, patents, confidentiality, trademarks, copyrights, rights of privacy or publicity or trade secrets;
  9. You will not use the Cup of Zup Website or Services for fraudulent or otherwise illegal purposes; should You learn that any User is using the Cup of Zup Website for fraudulent or otherwise illegal purposes, You will immediately notify Us in writing;
  10. You understand that We may monitor Your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Cup of Zup Website may be illegal or restricted; and
  11. You will not mask Your identify in any way, including without limitation, IP masking by accessing the Cup of Zup Website over any type of Proxy Server, through IP masking software or the like.

C. Your Account:

  1. You may only have one (1) account. You are prohibited from holding more than one account. Your single account must be registered under Your current full legal name, Your email address and Your current permanent residential address. Should You attempt to create more than one (1) account under Your current legal name or any other name or create an Account using a name other than Your current legal name, we will be entitled to immediately terminate Your Account under this Agreement.
  2. You must choose a user name (“Log-In”) and password during Account registration. You are solely responsible for all actions taken using Your Log-In and password. You must make every effort to keep Your Log-In and password safe and should not disclose it to anyone. You shall not permit, either directly or indirectly, any other person to use Your Log-In or password. We are not responsible for any losses or problems You suffer as a result of Your disclosure of Your Log-In or password information to anyone else.
  3. To access all or some of the services, You must have previously established a valid Account as provided herein. Further, You must meet all the conditions described throughout these Terms. You agree and understand that We collect data relating to Your Log-In, Your use of the Services, and Your other Account activity and that some of this information may be made public.
  4. Cup of Zup reserves the right (but does not undertake the obligation) to conduct a review, at any time, to validate Your Account information, collected under this Agreement to ensure that Your participation in the Cup of Zup Website does not breach this Agreement and/or any applicable law. You authorize Us and our agents to make any inquiries of You and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, You agree to provide sufficient information or documentation as Cup of Zup, in its discretion, may request. If You do not provide such information within ten (10) days of our request, Your responses are incomplete or otherwise insufficient, or if Cup of Zup cannot verify the information applicable to Your Account submitted pursuant to this Agreement, Your Account may be terminated as set forth hereunder.

D. Term and Termination

  1. You may terminate Your Account at any time by giving us ten (10) days prior written notice to the e-mail address info@CupofZup.com.
  2. We expressly reserve the right to terminate Your Account (including Your Log-In and password) for any reason, including without limitation, latency or a violation of any terms or conditions of this Agreement, or if You have breached any of the Terms, or Your use of the Services have been in any way improper or breach the spirit of this Agreement.

10. We Make No Warranty

YOUR USE OF THIS CUP OF ZUP WEBSITE AND ALL SERVICES IS AT YOUR OWN RISK. Content is provided “AS-IS” and without warranties of any kind, either expressed or implied. Cup of Zup disclaims any and all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Cup of Zup does not warrant that the functions or content contained in this Cup of Zup Website will be uninterrupted or error-free, that defects will be corrected, or that this Cup of Zup Website or the server that makes it available are free of viruses or other harmful components. Cup of Zup does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Cup of Zup may make changes or improvements at any time. YOU, AND NOT CUP OF ZUP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE CUP OF ZUP WEBSITE OR ITS CONTENT. CUP OF ZUP MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

11. Limitation on Liability

CUP OF ZUP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF CUP OF ZUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CUP OF ZUP AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO CUP OF ZUP FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

12. Digital Millennium Copyright Act and Intellectual Property Policy

A. Cup of Zup understands the value and importance of intellectual property rights and makes every effort to observe and respect the valid intellectual property rights of others. Cup of Zup does not review all of the material posted on or submitted through the Cup of Zup Website and has no responsibility for any content that You may find or access when using Cup of Zup products or services, or the product or services provided on the Cup of Zup Website. Cup of Zup takes all concerns related to intellectual property seriously and it is Cup of Zup’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account if such user infringes or appears to infringe the intellectual property rights of others.

B. Notice of Copyright Infringement

Cup of Zup is committed to protecting copyrights and expects You to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that any material used or displayed on the Cup of Zup Website infringes Your copyright, You (or Your agent) may send us a notice requesting that the material be removed, or access to it blocked. If You believe that any material on the Cup of Zup Website infringes a copyright, or any valid intellectual property right, please provide the following information to Cup of Zup’s DMCA Agent.

  1. A physical or electronic signature that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Cup of Zup Website are intended to be covered by a single notification, a complete list of such works on the Cup of Zup Website and details or descriptions as to their locations within the Cup of Zup Website;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide this information to Cup of Zup’s DMCA Agent, who can be reached as follows:

By Mail:

Cup of Zup LLC
Re: DMCA Agent
Attn: Ann-Marie Murphy
1050 Woodward Avenue
Suite 100
Detroit, MI 48226

By E-Mail:

info@CupofZup.com 

Due to IT concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Counterstatement. If You believe in good faith 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 the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to:

Cup of Zup LLC
Re: DMCA Agent
Attn: Ann-Marie Murphy
1050 Woodward Avenue
Suite 100
Detroit, MI 48226

By E-Mail:

info@CupofZup.com 

13. Indemnity

You agree to indemnify and hold Cup of Zup, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by You, including any use of content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to pay any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information, content and services accessed from this Cup of Zup Website.

14. Security

You are prohibited from using any services or facilities provided in connection with this Cup of Zup Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You are involved in any violation of system security, Cup of Zup reserves the right to release Your details to system administrators at other Websites in order to assist them in resolving security incidents. Cup of Zup reserves the right to investigate suspected violations of these Terms.

Further, Cup of Zup reserves the right to report to and fully cooperate with any law enforcement authorities or court order requesting or directing Cup of Zup to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND AGREE TO HOLD CUP OF ZUP HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CUP OF ZUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CUP OF ZUP OR LAW ENFORCEMENT AUTHORITIES.

15. Applicable Law

These Terms will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between You and Us that arises out of these Terms or pertains to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state and federal courts in Detroit, Michigan. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Cup of Zup Website will govern the items to which they pertain. Cup of Zup may revise these Terms at any time by updating this posting.

16. Privacy Policy

This Privacy Policy (the “Privacy Policy”) describes Cup of Zup LLC’s (“Cup of Zup”, the “Company”, “Us”, “We” and “Our”), and You (“You,” “Your” or “User”) data collection and use practices on the Cup of Zup Website located at www.CupofZup.com and any tools hosted thereon, its content, the software, and the associated materials made available through the Cup of Zup Website (collectively, the “Cup of Zup Website”).

Cup of Zup knows that You care how information about You is used and shared, and we appreciate Your trust that We will do so carefully and sensibly. This notice describes Our privacy policy. By visiting the Cup of Zup Website You are accepting the practices described in this Privacy Policy and You consent to the data collection and use practices described in this policy.

A. COLLECTION OF INFORMATION

  1. Purpose. Users can access limited features of the Cup of Zup Website without disclosing personal information. In order to access the entire Cup of Zup Website, users may be required to register for an account, which may provide the registrant with expanded access to the Cup of Zup Website.
  2. Information Sought During Registration. During the account registration process, You will be asked to submit personal information, including Your proper name and at least one active e-mail address. At this time, You may also have the opportunity to subscribe to one or more Cup of Zup Website newsletters or email broadcasts regarding Cup of Zup’s news, services and special offers or events. Registrants can also unsubscribe to these newsletters or email broadcasts at any time by updating registration account information online.
  3. Automatically Collected Information. Information concerning Your computer hardware and software is automatically collected and may be shared within Cup of Zup and its service providers. This information may include: Your IP address, browser type, domain names, access times and referring Website addresses. Cup of Zup may use this information to maintain the quality of its service and to provide general statistics about visitors.
  4. Storage and Transfer of Personally Identifiable Information. Cup of Zup may store and process in the United States or any other country in which Cup of Zup or its affiliates, subsidiaries, or agents maintain facilities. By using the Cup of Zup Website, You consent to any such transfer of information outside of Your country.

B. USE AND SHARING OF INFORMATION

Cup of Zup collects and uses Your personal information in order to operate the Cup of Zup Website and to provide its online and electronic services. The collection of Your e-mail address, name and address during account registration enables Cup of Zup to send You any requested newsletters, emails or other requested mailings or offers. Information concerning Your geographical location may be used to determine if Cup of Zup should provide regionalized information to its customers. Except as otherwise stated below, the personal information You provide on the Cup of Zup Website will not be shared with any third parties, although Cup of Zup reserves the right to share such information with its affiliates and subsidiaries without Your permission.

Cup of Zup sometimes hires other companies to provide limited services on our behalf, such as sending newsletters, emails, announcements and the like, providing customer service, and performing statistical analysis of our services. We will only provide those companies with the information that they need to provide us with such services, and we will prohibit them from using that information for any other purpose.

We reserve the right to disclose Your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with legal requirements, or comply with legal process served on Cup of Zup; (b) protect and defend the rights or property of Cup of Zup; and, (c) act under exigent circumstances to protect the personal safety of users of Cup of Zup or the public.

Cup of Zup provides links to send e-mail messages to the Cup of Zup Website for Your convenience and Your e-mail address is used so that the Cup of Zup Website may reply to Your inquiry. Cup of Zup tracks the pages on the Cup of Zup Website that our customers visit in order to determine which areas of the site are the most popular. This data is used to deliver customized content and advertising within the Cup of Zup Website to users whose behavior indicates that they are interested in a particular subject area.

C. INFORMATION FROM OTHER SOURCES

Cup of Zup may supplement the information that we receive that has been outlined in this Privacy Policy with information from other sources and companies. Such outside information includes updated delivery and address information from carriers or third parties, which enables us to correct our records and deliver Your next purchase from the Cup of Zup Website or future communications more easily; account information, purchase or redemption information, and page view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services; search term and search result information from some searches conducted through the Web search features; and search results and links, including paid listings (such as Sponsored Links from Google).

D. INFORMATION SECURITY

The e-mail address You provide to Cup of Zup is held on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. If You choose to create a profile on the Cup of Zup Website or if You choose to register for an account, You will be required to select a password. This password can be changed at any time after You first log into the service by using Your current password. You must keep Your password confidential and You must not share this information with anyone. If You share a computer with anyone, You should always log out of the Cup of Zup Website before leaving it to prevent access to Your information from subsequent users of that computer.

E. USE OF COOKIES

The Cup of Zup Website uses cookies to assist with making Your online experience more individualized. A cookie is a text file that is placed on the hard disk of Your computer by a web page server. Cookies cannot be used to run programs or deliver viruses to Your computer. Cookies are uniquely assigned to You, and can only be read by a web server in the domain that issued the cookie to You.

Cookies are used for convenience and to save You time when You next visit the Cup of Zup Website. The purpose of a cookie is to tell the web server that You have returned to a specific page, so that when You visit the site again, the experience will be personalized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies if You prefer. If You choose to set Your computer to accept cookies from the Cup of Zup Website, You may also choose to be logged into the Cup of Zup Website automatically. If You choose to decline cookies, You may not be able to fully experience the interactive features of the Cup of Zup Website or the other Websites that You visit and You may experience technical problems receiving current information from such cookie-disabled Websites.

F. USE OF WEB BEACONS

The Cup of Zup Website pages may contain electronic images known as web beacons—also referred to as single-pixel gifs—that permit Cup of Zup to count users who have visited those pages and for other related statistics—(e.g., recording the popularity of certain Cup of Zup Website content and verifying system and server integrity). Web beacons are not used to access Your personal information on the Cup of Zup Website; they are solely used to compile aggregated statistics concerning the use of the Cup of Zup Website. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.

G. COMMUNITIES AND FORUMS OFFERED ON THE CUP OF ZUP WEBSITE

Any personally identifiable information or personally sensitive data that You disclose through the communities, forums, message boards, chat rooms, or other public online forums hosted on the Cup of Zup Website, may be collected and used by others. We recommend that You exercise serious caution when disclosing personal information to others in these public online forums. Cup of Zup encourages You to review the privacy statements of any third party Websites You choose to visit via hyper-links posted on the Cup of Zup Website so that You can understand how those Websites collect, use and share Your information. Cup of Zup is not responsible for the privacy policies or other content on third-party Websites accessed through Cup of Zup’s Website.

H. USER ACCESS TO AND CONTROL OF INFORMATION

With respect to Your communications preferences, You can unsubscribe from newsletters and emails by following the instructions included in the newsletter or emails that You receive. If Your e-mail address has changed and You would like to continue to receive newsletters, You will need to access Your account and update Your e-mail address information in Your account and sign-up again for the newsletter. Occasionally, Cup of Zup may send out e-mails concerning Cup of Zup Website disruptions, new products and other news about Cup of Zup’s products and services. These e-mails are sent to all account holders and are not subscription-based. Such e-mails are considered a part of Cup of Zup’s service to the users of its Cup of Zup Website.

I. CHILDREN

This site is not intended for children under the age of 18.  If You are under age 18, You may use the Cup of Zup Website only through Your parent or guardian.

J. CONDITIONS OF USE, NOTICES, AND REVISIONS

By visiting the Cup of Zup Website, You accept that Your visit and any dispute over privacy is subject to this Privacy Policy and our Terms, including limitations on damages, arbitration of disputes and application of the law of the state of Michigan. If You have any concern about privacy issues, please contact us as directed in this Privacy Policy.

This Privacy Policy applies only to the Cup of Zup Website and not to any third-parties that may be accessed through hyper-links on the Cup of Zup Website. Cup of Zup reserves the right to update this Privacy Policy. At such time, Cup of Zup will also revise the “last updated” date at the beginning of the Privacy Policy. We recommend that You periodically review this Privacy Policy.

K. COMMUNICATIONS WITH CUP OF ZUP

  1. Time Sensitive Instructions: When communicating with us through the Cup of Zup Website, PC-talk, chat or via e-mail, do not use the Cup of Zup Website, PC-talk, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on the Cup of Zup Website, PC-talk, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
  2. E-Signature: General communications through the Cup of Zup Website, PC-talk, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, Your assent to a “click to accept” button or box is binding upon You.
  3. Recording & Monitoring of Communications: Your communications with us via the Cup of Zup Website, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using such communications methods You are consenting to the recording or monitoring of the same.
  4. Prohibited E-mail Content: All of our team members are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our team member’s employment. The Company does not accept any liability in respect of such communication, and the team member responsible will be personally liable for any damages or other liability arising. Please report any such violations to Cup of Zup at info@CupofZup.com. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our team members is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of the Company’s e-mail facilities for purposes of to soliciting our team members to breach their employment agreements or to interfere with their employment status with our Company is strictly prohibited.
  5. Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information.
  6. Opt-Out: This e-mail may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If You do not wish to receive advertising and promotional messages from Cup of Zup, You may opt-out by sending an e-mail to info@CupofZup.com or by visiting the Cup of Zup Website at http://cupofzup.com/unsubscribe.
  7. Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
  8. Unsecured Transmissions: You should be aware that regular e-mail is typically sent via the Internet which is an open network. While certain designated areas within our Websites employ technologies to secure Your data and the transmissions between You and our Company, general e-mail uses the Internet which is an open system and we cannot provide absolute assurances that all e-mail transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won’t be lost, misdelivered, destroyed, delayed, or intercepted/decrypted by others. Therefore the Company advises against sending personally identifiable information, over e-mail, and disclaims all liability with regard to e-mails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, misdelivered, intercepted, decrypted or otherwise misappropriated by others.
  9. Confidential Information: E-mails sent by our team members are confidential (and all attachments to such e-mails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If You received an e-mail in error or if it was improperly forwarded to You, the information contained in the e-mail should, at all times, remain confidential and such circumstances shall not authorize You to use or disclose the confidential information. Please notify the sender immediately by telephone or e-mail, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. E-mails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that You treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws and that You ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, You agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney’s fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to Your acts or omissions.
  10. Privileged Information: E-mails exchanged with or involving our Legal Team may contain privileged information subject to the attorney client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if You receive an e-mail in error or if it was improperly forwarded to You. If You are not the intended recipient of privileged information, please notify the sender immediately by telephone or e-mail and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.

L. SECURITY

We employ industry recognized security safeguards to help protect the personally identifiable information that You have provided to us from loss, misuse, or unauthorized alteration. All such data sent to Us is protected with technology that enables encryption of Your data. We use:

  1. Secure Socket Layer (SSL): Cup of Zup’s web server supports the Secure Socket Layer (SSL) transaction protocol originally developed by Netscape and now largely accepted as an industry standard. The purpose of this encryption protocol is to keep confidential the information passed back and forth between a Web server and its users.
  2. Domestic Grade Strong Encryption: Cup of Zup uses 128-Bit and 256-Bit Domestic Grade Strong Encryption. (However, be aware that if You are using a 40-bit browser, Your encryption level, while secure, is not the highest level available. United States and Canadian citizens can download free 128-bit and 256-bit browsers from Mozilla, Apple, or Microsoft. We work to protect personally identifiable information stored on the site’s servers from unauthorized access using industry standard computer security products, such as firewalls, as well as carefully developed security procedures and practices. All employees must review and sign a written statement of these practices, which include limiting access to sensitive information to only those employees who require the information and enforcing strict password protocols for all employees. In addition, a username, member ID name and password are required for You to use, view or change application or interview information. We use both internal and external resources to review the adequacy of our security measures on a regular basis.

M. CONTACT INFORMATION

Cup of Zup welcomes feedback regarding this Privacy Policy. If at any time You believe that the Cup of Zup Website has not adhered to this Privacy Policy, please contact Cup of Zup and we will use all commercially reasonable efforts to promptly determine and correct the problem. E-mail should be sent to info@CupofZup.com.

N. YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@CupofZup.com or write us at:

Cup of Zup LLC
RE: Privacy Rights
1050 Woodward Avenue
Detroit, MI 48226