1. By using or visiting the Cuspy Fabric LLC website or any Cuspy Fabric LLC products, softwares, data
services provided to you on, from, or through the Cuspy Fabric LLC website, you signify your agreement to
terms and conditions. If you do not agree to any of these terms please do not use the Service.
2. This Service is provided by Cuspy Fabric LLC on an "AS IS" and "AS AVAILABLE" basis and Cuspy Fabric LLC
the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without
You agree to be bound by such modifications. Cuspy Fabric LLC is and will not be liable to you for any
modification, suspension or discontinuance of the Service.
2. Information About Premium Subscription
1. Payment will be charged to iTunes Account at the confirmation of purchase
2. Your subscription will be automatically renewed within 1 day before the end of the current subscription
3. Account will be charged for renewal within 24 hours prior to the end of the current subscription period
4. Auto-renew option can be turned off in iTunes Account Settings
5. No cancellation of the current subscription is allowed during active subscription period
6. Any unused portion of the free trial will be forfeited when the user purchases a subscription
7. The following subscriptions are available:
3 months subscription – with 3 days trial version – $49.99 USD
1 month subscription – with 3 days trial version – $29.99 USD
1 week subscription with 3 days trial version – $9.99 USD
8. The prices above are in US dollars. Pricing in other countries may vary and actual charges may be
to your local currency depending on the country.
1. These Terms of Service apply to all users of the Service, including users who are also contributors of
Content on the Service. "Content" may include the text, software, graphics, photos, sounds, music, videos,
audiovisual combinations, interactive features and other materials you may view on, access through, or
contribute to the Service. The Service includes all aspects of Cuspy Fabric LLC, including but not limited to
products, software and services offered via the Cuspy Fabric LLC website and mobile devices applications.
2. The Service may contain links to third party websites that are not owned or controlled by Cuspy Fabric LLC.
Cuspy Fabric LLC has no control over, and assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, Cuspy Fabric LLC will not and cannot censor or edit the
content of any third-party site. By using the Service, you expressly relieve Cuspy Fabric LLC from any and all
liability arising from your use of any third-party website.
3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions
4. Cuspy Fabric LLC Accounts
1. In order to access some features of the Service, you will have to create a Cuspy Fabric LLC account. You
never use another's account without permission. When creating your account, you must provide accurate and
complete information. You are solely responsible for the activity that occurs on your account, and you must
your account password secure. You must notify Cuspy Fabric LLC immediately of any breach of security or
unauthorized use of your account.
2. Although Cuspy Fabric LLC will not be liable for your losses caused by any unauthorized use of your
you may be liable for the losses of Cuspy Fabric LLC or others due to such unauthorized use.
5. Cuspy Fabric LLC Premium Accounts
1. Premium Member and Premium Publisher accounts are based on periodic subscription fees which is available
all users. You can refer to our premium package plans for more details on premium accounts subscriptions.
2. The subscriptions fees will be billed according to the respective payment method chosen by the user.
who use Cuspy Fabric LLC credits, their subscription will be automatically renewed provided that they have
credits in their accounts.
3. You agree to pay for all charges and fees incurred in connection with your username and password for
Cuspy Fabric LLC Premium Subscription Service. All fees and charges are non-refundable. If you would like to
cancel your subscription, switch to another premium service package or if you believe someone has accessed
account without your authorization, please contact us.
4. A premium account is non-transferable. You must not share your username and password with anyone else or
allow anyone else to access the Site using your username and password.
5. You are responsible for the content you publish and distribute on Cuspy Fabric LLC. You warrant that you
have necessary licenses, rights, consents and permissions to publish the contents.
6. You agree not to publish and create any premium listings for contents that violate our Terms of Service.
Cuspy Fabric LLC has the right to remove the listings without any prior notice and fees or charges will not be
7. You understand that your subscription or access to contents of the Site will be suspended if you violate
Terms of Service. Suspended accounts will not be restored and fees or charges will not be refunded.
6. General Use of the Service-Permissions and Restrictions Cuspy Fabric LLC hereby grants you permission to
access and use the Service as set forth in these Terms of Service, provided that:
1. You agree not to distribute in any medium any part of the Service or the Content without Cuspy Fabric LLC
written authorization, unless Cuspy Fabric LLC makes available the means for such distribution through
functionality offered by the Service.
2. You agree not to alter or modify any part of the Service.
3. You agree not to access Content through any technology or means other than the download page of the
itself or other explicitly authorized means Cuspy Fabric LLC may designate.
4. You agree not to use the Service for any of the following commercial uses unless you obtain UAB Nesus
prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website
Content delivered via the Service, unless other material not obtained from Cuspy Fabric LLC appears on the
page and is of sufficient value to be the basis for such sales.
5. Prohibited commercial uses do not include:
uploading an original material to Cuspy Fabric LLC, or maintaining an original profile on Cuspy Fabric LLC,
promote your business or enterprise;
any use that Cuspy Fabric LLC expressly authorizes in writing.
6. You agree not to use or launch any automated system, including without limitation, "robots," "spiders,"
"offline readers," that accesses the Service in a manner that sends more request messages to the UAB Nesus
servers in a given period of time than a human can reasonably produce in the same period by using a
on-line web browser. Notwithstanding the foregoing, Cuspy Fabric LLC grants the operators of public search
permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials, but not caches or archives of
such materials. Cuspy Fabric LLC reserves the right to revoke these exceptions either generally or in specific
cases. You agree not to collect or harvest any personally identifiable information, including account names,
from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for
commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the
with respect to their Content.
7. You agree not to create posts, publish or distribute contents to Cuspy Fabric LLC of any kind that is,
the sole discretion of Cuspy Fabric LLC, determined to be commercial, illegal, offensive or potentially
others including but not limited to content that:
Infringes upon the rights of any third party, including but not limited to copyrights, trademarks,
trade secrets, design rights, moral rights or other third party proprietary rights, including privacy
publicity rights. Files/contents should not contain third party copyrighted material, or material that
subject to other third party proprietary rights, unless you have permission from the rightful owner of
material or you are otherwise legally entitled to post the material and to grant Cuspy Fabric LLC all of
license rights granted herein;
Promotes the infringement of copyright or other third party rights, e.g. providing a list of hyperlinks
websites that contain pirated software or media files, hacking/cracking, etc.;
Contains improper, incorrect and fake contents in any way that contents are with a different preview and
Is duplicated or contains the same files and contents that already exist on Cuspy Fabric LLC;
Contains software viruses or any other malicious computer code, files or programs designed to interrupt,
destroy or alter the functionality of any computer software or hardware or telecommunications equipment
Is offensive, abusive, threatening, harassing, stalking, promoting violence, racism, harm, hatred or
against any group or individual;
Is libelous, defamatory or promotes information that you know is false or illegal;
Violates the privacy of others, including but not limited to posting the photograph of another person
that person’s consent;
Solicits information from anyone under the age of 18;
Is pornographic, sexually explicit or contains nudity;
Is or contains an advertisement, a marketing initiative, solicitation of a business, or otherwise
significantly connected with any commercial purpose;
Is unlawful or illegal, criminal or tortuous in nature (such as child pornography, fraud, gambling).
8. In your use of the Service, you will comply with all applicable laws.
9. Cuspy Fabric LLC reserves the right to discontinue any aspect of the Service at any time.
7. Your Use of Content In addition to the general restrictions above, the following restrictions and conditions
apply specifically to your use of Content.
1. All brand, product and service names used in this Service which identify Cuspy Fabric LLC or third parties
their products and services are proprietary marks of Cuspy Fabric LLC and/or the relevant third parties.
in this Service shall be deemed to confer on any person any license or right on the part of Cuspy Fabric LLC
any third party with respect to any such image, logo or name.
2. Content is provided to you AS IS. You may access Content for your information and personal use solely as
intended through the provided functionality of the Service and as permitted under these Terms of Service.
shall not download any Content unless you see a "download" or similar link displayed by Cuspy Fabric LLC on
Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell,
license, or otherwise exploit any Content for any other purposes without the prior written consent of
LLC or the respective licensors of the Content. Cuspy Fabric LLC and its licensors reserve all rights not
expressly granted in and to the Service and the Content.
3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service
features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service
the Content therein.
4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and
that Cuspy Fabric LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights
or relating to such Content. You further understand and acknowledge that you may be exposed to Content that
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against Cuspy Fabric LLC with respect thereto, and, to the
extent permitted by applicable law, agree to indemnify and hold harmless Cuspy Fabric LLC, its owners,
affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to
use of the Service.
8. Your Content and Conduct
1. As a Cuspy Fabric LLC account holder you may submit Content to the Service (wallpapers, ringtones, etc).
understand that Cuspy Fabric LLC does not guarantee any confidentiality with respect to any Content you
2. You shall be solely responsible for your own Content and the consequences of submitting and publishing
Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses,
consents, and permissions to publish Content you submit; and you license to Cuspy Fabric LLC all patent,
trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the
Service pursuant to these Terms of Service.
3. You retain all of your ownership rights in your Content. However, by submitting Content to UAB Nesus
you hereby grant Cuspy Fabric LLC a worldwide, non-exclusive, royalty-free, sublicense able and transferable
license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in
connection with the Service and Cuspy Fabric LLC (and its successors' and affiliates') business, including
limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive
license to access your Content through the Service, and to use, reproduce, distribute, display and perform
Content as permitted through the functionality of the Service and under these Terms of Service. The above
licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time
after you remove or delete your videos from the Service. You understand and agree, however, that UAB Nesus
may retain, but not display, distribute, or perform, server copies of your Content that have been removed or
4. You further agree that Content you submit to the Service will not contain third party copyrighted
or material that is subject to other third party proprietary rights, unless you have permission from the
rightful owner of the material or you are otherwise legally entitled to post the material and to grant
Cuspy Fabric LLC all of the license rights granted herein.
5. Cuspy Fabric LLC does not endorse any Content submitted to the Service by any user or other licensor, or
opinion, recommendation, or advice expressed therein, and Cuspy Fabric LLC expressly disclaims any and all
liability in connection with Content. Cuspy Fabric LLC does not permit copyright infringing activities and
infringement of intellectual property rights on the Service, and Cuspy Fabric LLC will remove all Content if
properly notified that such Content infringes on another's intellectual property rights. Cuspy Fabric LLC
the right to remove Content without prior notice.
6. Cuspy Fabric LLC has no ability to control the Content you may upload, post or otherwise transmit using the
Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you
solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
9. Account Termination Policy
1. Cuspy Fabric LLC will terminate a user's access to the Service if, under appropriate circumstances, the
determined to be a repeat infringer.
2. Cuspy Fabric LLC reserves the right to decide whether Content violates these Terms of Service for reasons
than copyright infringement, such as, but not limited to, pornography, obscenity. Cuspy Fabric LLC may at any
time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account
submitting such material in violation of these Terms of Service.
10. Google Analytics Tracking
1. Cuspy Fabric LLC has changed its Analytics tracking code to support Display Advertising. The features we
implemented is the Google Analytics Demographics and Interest Reporting. You can choose to opt-out of Google
Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.
2. Cuspy Fabric LLC will not facilitate the merging of personally-identifiable information with non-personally
identifiable information previously collected from Display Advertising features that is based on the
cookie unless Cuspy Fabric LLC have robust notice of, and the your prior affirmative (i.e., opt-in) consent
that merger. We encourage you to read more on Google Analytics opt-out browser add-on.
3. Cuspy Fabric LLC may use data from Google’s Interest-based advertising or 3rd-party audience data (such as
gender and interests) with Google Analytics. This helps Cuspy Fabric LLC better understand how our Service is
being used and to help tailor content and advertising on the Service.
11. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
PERMITTED BY LAW, Cuspy Fabric LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. Cuspy Fabric LLC MAKES NO WARRANTIES OR
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Cuspy Fabric LLC
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
Cuspy Fabric LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability IN NO EVENT SHALL Cuspy Fabric LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT Cuspy Fabric LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13. These Terms shall be governed by and construed in accordance with the laws of the United States of America.
Cuspy Fabric LLC makes no representations that the Service is appropriate or available for use in other locations.
Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for
compliance with local law.
14. Indemnity To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless
LLC, its parent corporation, officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and
obligation will survive these Terms of Service and your use of the Service.
15. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an
minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and
abide by and comply with these Terms of Service.
16. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by Cuspy Fabric LLC without restriction.
17. General You agree that: (i) the Service shall be deemed solely based in the California; and (ii) the Service
shall be deemed a passive website that does not give rise to personal jurisdiction over Cuspy Fabric LLC, either
specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the
internal substantive laws of the State of California, without respect to its conflict of laws principles. Any
or dispute between you and Cuspy Fabric LLC that arises in whole or in part from the Service shall be decided
exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of
and any other legal notices published by Cuspy Fabric LLC on the Service, shall constitute the entire agreement
between you and Cuspy Fabric LLC concerning the Service. If any provision of these Terms of Service is deemed
by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any
of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term,
Cuspy Fabric LLC failure to assert any right or provision under these Terms of Service shall not constitute a
of such right or provision. Cuspy Fabric LLC reserves the right to amend these Terms of Service at any time and
without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the
Service following any amendment of these Terms of Service will signify your assent to and acceptance of its
terms. YOU AND Cuspy Fabric LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY