Terms Of Service
Allowable Content and Acceptable Use
At cushtymoosh our focus is creating a positive and helpful experience for our users. We want cushtymoosh to be convenient, safe, and fun for you and your communities. This means there are a few rules. You may NOT:
Violate any law or regulation.
Send unsolicited or unauthorized advertising or commercial communications, such as spam.
Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services.
Use automated methods to use the Site or Services.
Stalk, harass, bully, intimidate, or harm another user.
Post unlawful, harmful, obscene, or pornographic content.
Post content that is hateful, threatening, harmful, incites violence; or contains graphic or gratuitous violence.
Use cushtymoosh to do anything unlawful, misleading, malicious, or discriminatory.
Post content you do not have the right to transmit.
Post content that infringes on trademarks or copyrights.
Post viruses or malicious scripts.
Post spam or link bait.
Attempt to circumvent any technological measure implemented by cushtymoosh or any of cushtymoosh's providers or any other third party (including another user) to protect the Site or Services.
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services.
Advocate, encourage, or assist any third party in doing any of the foregoing.
At its discretion, cushtymoosh may permanently cancel accounts of users who violate the Terms of Service. cushtymoosh reserves the right to view Private Groups ONLY for the purposes of fixing issues, to respond to complaints about Terms of Service violations, or when required to do so by law. cushtymoosh reserves the ongoing right to view Pages, Selective Groups, Open Groups, and any groups in the cushtymoosh Open Group Directory to assess compliance with this Terms of Service. cushtymoosh reserves the right to remove objectionable content without notice. cushtymoosh can remove any content or information you post at cushtymoosh if we believe that it violates our Terms of Service.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe you have violated these Terms.
cushtymoosh reserves the right to ban Pages, Groups and users that do not comply with its Terms of Service as assessed in cushtymoosh’s sole discretion and interpretation of its Terms of Service; and Users, Pages and Groups under investigation or which have been detected as sharing content in violation of these terms may have their visibility limited in various parts of cushtymoosh, including search. Pages, Groups, and users may not be notified when any of this occurs. Banned Pages, Groups, and users may contact cushtymoosh Customer Support to request more information. We reserve the right to respond or not respond to such requests. Please comply with the rules in cushtymoosh’s Terms of Service.
While we have the right to monitor activity and content associated with cushtymoosh, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using cushtymoosh, you may be exposed to content that you find offensive or objectionable in your communities. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted at cushtymoosh or endorse any opinions expressed at cushtymoosh. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
There are no fees for use of many of the features on cushtymoosh. However, premium features and subscriptions are available for purchase by cushtymoosh members for additional services the company may offer.
cushtymoosh may change the fees and/or benefits associated with premium features from time to time or may immediately suspend or terminate premium features for any or no reason and without advance notice or liability.
When you purchase a premium feature that is paid for by you through recurring payments, you agree that you are authorizing recurring payments, and that such payments and thereby subscription will be made by the method and at the recurring intervals you have agreed to, until the subscription is terminated by you or by cushtymoosh. You may cancel a subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period.
If you break any of cushtymoosh’s terms in the use of your cushtymoosh account and/or in the use of its premium features and subscriptions, in addition to other actions we may take, we may cancel any or all of your premium features and subscriptions immediately and no refund will be granted for any payments you have made.
cushtymoosh uses the services of established 3rd party vendors for all payments and payment information. cushtymoosh stores no payment information on its servers and is not liable for any breach of payment information or loss that occurs with the payment vendor.
Due to storage limitations and expenses, cushtymoosh reserves the right to close and delete any user account that has not been logged in for a period of 6 months or more. cushtymoosh will notify any such users whose accounts it intends to delete, by email or SMS, if they have been inactive for greater than 5 months and provide those users with a minimum of 30 days notice and options on how to keep their content and account at cushtymoosh or how to download their content onto their personal computers. cushtymoosh will give one final notice at least 48 hours prior to deleting an account.
cushtymoosh reserves the right to transfer ownership and administration of or terminate an Open Group or Page that has been abandoned by the Page or Group owner and its appointed Page or Group administrators. A Page or Open Group is considered abandoned if the Page or Group owner and Page or Group administrators do not log into cushtymoosh for at least 6 months or do not post to the Page or Group for at least 6 months. Once the transfer of a Page or Group ownership and administration is effected by cushtymoosh, it may be transferred subsequently at any time by cushtymoosh.
Who Our Services Are For
User Content Ownership
Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of cushtymoosh (“User Submissions”) are owned by the party contributing such content. As a user of cushtymoosh, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using cushtymoosh you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
cushtymoosh is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through cushtymoosh is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact in the course of using cushtymoosh.
You are responsible for safeguarding the password that you use to access cushtymoosh and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. cushtymoosh cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Misuse of Usernames, Page names, Group names
Selling usernames, Page names, Group names: You may not buy or sell cushtymoosh usernames, Page names or Group names.
Username, Page name, Group name squatting: You may not engage in username, Page name, or Group name squatting. Some of the factors we take into consideration when determining whether conduct is username, Page name, or Group name squatting include:
the number of accounts created;
the creation of accounts for the purpose of preventing others from using those account names;
the creation of accounts for the purpose of selling those accounts; and
the use of third-party content feeds to update and maintain accounts under the names of those third parties.
You may not register or create fake and misleading accounts. While you may use cushtymoosh pseudonymously or as a parody, commentary, or fan account, you may not use misleading account information in order to engage in spamming, abusive, or disruptive behavior, including attempts to manipulate the conversations on cushtymoosh. Some of the factors that we may take into account when determining whether an account is fake include:
Use of stock or stolen avatar photos
Use of stolen or copied profile bios
Use of intentionally misleading profile information
More on Spam
You may not use cushtymoosh’s services for the purpose of spamming anyone. Spam is generally defined on cushtymoosh as bulk or aggressive activity that attempts to manipulate or disrupt cushtymoosh or the experience of users on cushtymoosh to drive traffic or attention to unrelated accounts, products, services, or initiatives. Some of the factors that we take into account when determining what conduct is considered to be spamming include:
if you have made large number of group or user contact requests, or followed and/or unfollowed a large number of user accounts or Pages, in a short time period;
if your posts or comments consist mainly of links and/or are shared without commentary;
if a large number of people have blocked you in response to high volumes of untargeted, unsolicited, or duplicative content or engagements from your account;
if a large number of spam complaints have been filed against you;
if you post duplicative or substantially similar content, replies, comments to multiple Pages, Groups, or users; or create duplicate or substantially similar accounts;
if you post multiple updates to a Page, Group, user or topic with an intent to subvert or manipulate the topic to drive traffic or attention to unrelated accounts, products, services, or initiatives;
if you send large numbers of unsolicited posts, comments, replies or mentions;
if you add users to lists in a bulk or aggressive manner;
if you are randomly or aggressively engaging with Pages, Groups, or users to drive traffic or attention to unrelated accounts, products, services, or initiatives;
if you repeatedly post other people’s account information as your own (e.g., bio, posts, comments, profile, user URL, etc.);
if you post misleading, deceptive, or malicious links (e.g., affiliate links, links to malware/clickjacking pages, etc.); Accounts created to replace or mimic suspended accounts may be permanently suspended.
We may also remove accounts which cushtymoosh at its discretion attributes to entities known to violate the cushtymoosh Terms of Service.
Our Commitment To Data Security
cushtymoosh uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to cushtymoosh and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the cushtymoosh Service is never recommended. Once we receive your transmission of information, cushtymoosh makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If cushtymoosh learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. cushtymoosh may post a notice on the cushtymoosh Site or through the cushtymoosh Service if a security breach occurs.
cushtymoosh Content Data
When you use our Services, we process any data you explicitly enter into the site (your “Content Data”), including your full name, email address, profile information, posts, comments, photos, voice recordings, videos, files, emojis, etc. cushtymoosh uses your Content Data for the sole purpose of serving and providing you with the full experience of cushtymoosh. You control how we process your Content Data through Privacy & Sharing settings in your account at cushtymoosh. At any time you can edit/update, retrieve or delete your Content Data in your account.
cushtymoosh Log Data
When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, and device information (including device and application IDs). We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your account to authenticate to a third-party website or application. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to install another application through cushtymoosh. cushtymoosh uses Log Data to provide, understand, and improve our Services. We either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after a maximum of 12 months.
Your Data Portability
At any time you can retrieve your entire Content Data package from cushtymoosh, using the “Download Your Content” feature in your account. When you select this feature, you will be able to download your Content Data to your personal device and decide how to migrate that data anywhere you choose.
Deleting Your Account - Right to Erasure
At all times you have an easy way to opt out of our service and delete your account as well as ALL of your Content Data, if you do not wish to continue using our services. You can find this in your “Settings” where it says “Delete My Account.” When you delete any of your Content Data, or delete your entire account, we delete your Content Data and remove your account from our production servers as soon as is technically possible based on our infrastructure design including a 30-day delay to insure the deletion request was made by you, etc. The more data you delete, the longer will the deletion process take due to load balancing protections on our servers. After we’ve deleted your Content Data from our production servers, that same data may remain in our backups for a limited period of time (maximum of 7 months) due to protection regulations and our protocols for backup content protection. We secure your data that temporarily remains on our backups with additional security protocols. If we ever need to restore our backups into the main servers of cushtymoosh (in a rare instance, for example recovering from a natural disaster), if any of your Content Data you have previously deleted from our main servers is still on our backups in that moment, it will be deleted prior to or right after the backups are moved to the main servers. If you own a group and delete your account, the content you posted to that group will be deleted; however, the group(s) you own will not be deleted unless you are the only member of that group.
cushtymoosh Secret Chat
cushtymoosh offers Secret Chat as an option for cushtymoosh users. cushtymoosh has no way to decrypt Secret Chat messages of cushtymoosh users because the messages are end-to-end encrypted and cushtymoosh does not have any knowledge of their private keys. The encrypted messages and media (images, videos etc.) in cushtymoosh Secret Chat are deleted on cushtymoosh servers after they have been delivered successfully. Header information of cushtymoosh Secret Chat messages (sender, recipient etc.) is protected by an additional encryption layer for transmission to the server, and from the server to the recipient, to prevent eavesdropping by third parties (e.g. in open wireless LANs).
cushtymoosh Invitations and “Add Automatically”
You may desire to make it easier for you to find and connect with your friends by using cushtymoosh “Add Automatically”. If you choose to enable “Add Automatically”, cushtymoosh will collect the telephone numbers and e-mail addresses in your address book(s), and enable you to add friends on cushtymoosh who have consented to being found by their telephone number or e-mail address (“Add Automatically”). cushtymoosh “Add Automatically” will:
Notify you when your contacts become active on cushtymoosh.com
Indicate which of your contacts is already a cushtymoosh member
Correctly display the name of each contact as it appears in your address book when cushtymoosh alerts you regarding “a” or “b” above (coming soon)
You may also choose to use the cushtymoosh Invitation Service. If you choose to use this service, cushtymoosh will access your address book on your behalf. On Desktop you have the choice of uploading your address book to your cushtymoosh account by giving cushtymoosh permission to do this on your behalf. You also have the choice to give the cushtymoosh App permission at your request to access your address book. Additionally, you have the choice to invite individual friends or contacts to connect with you on cushtymoosh using your personalized cushtymoosh link, QR code, and you may send them SMS or e-mail invitations using the cushtymoosh Invitation Service. If you give cushtymoosh permission to upload your address book in order to serve your needs with invitations, cushtymoosh may store a copy of the phone numbers, emails, and names in your address book on cushtymoosh servers. This information is only used to provide you with the cushtymoosh Invitation Service and cushtymoosh “Add Automatically.”
Additional Policies for Pages, Groups, and Events
Misleading Or False Pages, Groups, or Events
Pages, Groups, and Events must not be misleading, fraudulent, or deceptive.
Pages, Groups, and Events must not impersonate or falsely represent a brand, entity, or public figure. Where a Page, Group, or Event is being used to express support for or interest in a brand, entity, or public figure, it must make clear in the name or description that it is not an official representation.
Pages, Groups, and Events must not facilitate or promote online gambling, online real money, games of skill, or online lotteries without our prior written permission.
Inaccurately Tagged Content
Pages, Groups, and Events must not inaccurately tag content or encourage users to inaccurately tag content.
Pages, Groups, and Events must not incentivize people to misuse cushtymoosh features or functionality.
Notification of Requests for Account Information
cushtymoosh's policy is to notify users of requests for their account information, which includes a copy of the request, prior to disclosure unless we are prohibited from doing so (e.g., an order under 18 U.S.C. § 2705(b)). Exceptions to prior notice may include exigent or counterproductive circumstances (e.g., emergencies; account compromises, etc.). We may also provide post-notice to affected users when prior notice is prohibited.
Guidelines for Law Enforcement Seeking Customer Data (Worldwide)
Like all service providers, cushtymoosh is legally required to turn over customer data that it hosts when it receives valid legal process from a law enforcement authority with jurisdiction. The following guidelines apply to all customer data hosted by cushtymoosh.
a. Service of Legal Process
Preservation requests, subpoenas, or search warrants from Uk & U.S. law enforcement or civil investigative agencies seeking data regarding cushtymoosh's customers may be personally served at, or mailed to the address below. cushtymoosh will only respond to requests from non-Uk & U.S. law enforcement agencies that are issued by a UK or U.S. court either by way of a mutual legal assistance treaty or a letter rogatory. Civil subpoenas require personal service and will not be accepted via fax.
b. Valid Legal Process is Required Before Disclosure
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of cushtymoosh and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the cushtymoosh name or any of the cushtymoosh trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding cushtymoosh, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless cushtymoosh, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of cushtymoosh; ii) unauthorized access to or alteration of your communications with or through cushtymoosh, or iii) any other matter relating to cushtymoosh. Any business transactions which may arise between users from their use of cushtymoosh are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will our total cumulative liability exceed US $10.00.
Ownership In and To The Site and Services
Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“cushtymoosh Content”); and (b) cushtymoosh's trademarks, logos, and brand elements (“Marks”). The Site and Services, cushtymoosh Content, and Marks are all protected under U.S. and international laws. cushtymoosh, My Cloud, Check It Out, Practice Safe Sharing, the cushtymoosh logo, and other cushtymoosh logos and names are trademarks of cushtymoosh. You agree not to display or use these trademarks in any manner without our prior written permission.
cushtymoosh is provided to people by Sgrouples, Inc., a company based in Los Angeles County, California.
Under no circumstances will cushtymoosh be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of cushtymoosh to enforce any right or provision of these Terms will not prevent cushtymoosh from enforcing such right or provision in the future.
cushtymoosh reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Los Angeles County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Paccione, Inc., cushtymoosh.com
Effective: October 10, 2019