Last Revised November
09, 2006
The following User
Agreement ("Agreement") governs the use of the
cafesplendor.com online service ("Service"), including
without limitation participation in its bulletin boards, forums,
personal ads, chats, and all other areas (except to the extent
stated otherwise on a specific page) as provided by Cafe
Splendor, Inc. ("Service Provider"). Please read the rules
contained in this Agreement carefully. You can access this Agreement
any time at
http://www.cafesplendor.com/user_agreement. Your use of
and/or registration on any aspect of the Service will constitute
your agreement to comply with these rules. If you cannot
agree with these rules, please do not use the Service. These rules
may be modified from time to time; the date of the most recent
revisions will appear on this page. Continued access of the Service
by you will constitute your acceptance of any changes or revisions
to the Agreement.
Your failure to
follow these rules, whether listed below or in bulletins posted at
various points in the Service, may result in suspension or
termination of your access to the Service, without notice, in
addition to Service Provider's other remedies.
Registration and
Account Creation
1. REGISTRATION
INFORMATION:
Service Provider may
at times require that you register and/or set up an account to use
certain portions of the Service, or the Service as a whole. In order
to do so, you may be provided, or required to choose, a password,
User Id, and/or other registration information (collectively,
"Registration Information"). You agree and represent that all
Registration Information provided by you is accurate and up-to-date.
If any of your Registration Information changes, you must update it
by editing your Registration profile on the Service.
2. USE OF USER
ID/PASSWORD:
If you register
and/or set up an account on the Service, you will be solely
responsible for maintaining the confidentiality of your Registration
Information. You may not authorize others to use the Service, and
you are responsible for all use by you and those you allow to use
the Service. You may not sub-license, transfer, sell or assign your
Registration Information and/or this Agreement to any third party
without our written approval. Any attempt to do so will be null and
void and shall be considered a material breach of this Agreement.
You are solely
responsible for all usage or activity on your account including, but
not limited to, use of the account by any person who uses your
Registration Information, with or without authorization.
If you have reason to
believe that your account is no longer secure (for example, in the
event of a loss, theft or unauthorized disclosure or use of your
Registration Information or any credit, debit or charge card number
stored on the Service), you must promptly change the affected
Registration Information and notify Service Provider of the problem
by e-mailing us at
cafesplendor@netscape.net.
3. FEES AND
PAYMENTS:
Service Provider may
charge you fees for products or services offered for sale through
the Service, and/or for access to portions of the Service or the
Service as a whole. You agree to pay all fees and charges, including
applicable taxes, incurred through your account at the rates in
effect for the billing period in which such fees and charges are
incurred, including but not limited to charges for any products or
services offered for sale through the Service by Service Provider or
by any third party vendor or provider (such fees, charges and taxes
shall collectively be referred to as "Fees"). Service Provider
reserves the right to change the amount of, or basis for
determining, any Fees, and to institute new Fees, effective upon
prior notice to you.
If you submit your
credit, debit or charge card information to Service Provider upon
registration or otherwise, you give Service Provider permission to
charge all Fees incurred through your account to the credit, debit
or charge card you designate. Any additional Fees (other than
renewal fees) will be charged at the time they are incurred. If
payment cannot be charged to your credit, debit or charge card or
your payment is returned to Service Provider for any reason,
including charge back, Service Provider reserves the right to either
suspend or terminate your account and all its obligations under this
Agreement.
Rules of Usage:
1. USE OF THE
SERVICE BY YOU:
-
Unless
otherwise specified, the Service is intended for your
personal, noncommercial use only. You may not authorize
others to use the Service, and you are responsible for all
use of the Service by you and by those you allow to use, or
provide access to, the Service.
-
The Service
contains material that is protected by state, national and
international copyright, trademark and other intellectual
property laws. You may not modify, copy, reproduce,
republish, upload, post, transmit or distribute in any way
any material, including code and software, from the Service.
You may download material from the Service and may use the
Service for your personal, non-commercial use only, provided
you keep intact all copyright and other proprietary notices.
-
The Service
is not intended for users under the age of 13, and Service
Provider does not knowingly collect personally identifiable
information from users under the age of 13. Such users are
expressly prohibited from submitting their personally
identifiable information to us, and from using our forums
and chat areas; any information submitted by such users will
not knowingly be used, posted, or retained by us.
-
You agree not
to use any obscene, indecent, or offensive language or to
place on the Service any material that is defamatory,
abusive, harassing, racist, or hateful. Further, you may not
place on the Service any material that is encrypted,
constitutes junk mail or unauthorized advertising, or
commercial offers, invades anyone's privacy, or encourages
conduct that would constitute a criminal offense, give rise
to civil liability, or that otherwise violates any local,
state, federal, national or international law or regulation.
You agree to use the Service only for lawful purposes and
you acknowledge that your failure to do so may subject you
to civil and criminal liability.
-
You are
responsible for ensuring that any material you provide to
the Service or post on a bulletin board or forum or
elsewhere, including but not limited to text, photographs
and sound, does not violate the copyright, trademark, trade
secret or any other personal or proprietary rights of any
third party or is posted with the permission of the owner(s)
of such rights.
-
The content,
organization, graphics, text, images, video, design,
compilation, advertising and all other material on the
Service, including without limitation, the "look and feel"
of this website, are protected under applicable copyrights
and other proprietary (including but not limited to
intellectual property) rights and are the property of
Service Provider or its licensors. The copying,
rearrangement, redistribution, modification, use or
publication by you, directly or indirectly, of any such
matters or any part of the website, including but not
limited to the removal or alteration of advertising, except
for the limited rights of use granted hereunder, is strictly
prohibited.
-
You may not
in any way make commercial or other unauthorized use, by
publication, re-transmission, distribution, performance,
caching, or otherwise, of material obtained through the
Service, except as permitted by the Copyright Act or other
law or as expressly permitted in writing by this Agreement,
Service Provider or the Service.
-
You agree not
to disrupt, overwhelm, attack, modify or interfere with the
Service or its associated software, hardware and/or servers
in any way, and you agree not to impede or interfere with
others' use of the Service. You further agree not to alter
or tamper with any information or materials on or associated
with the Service.
-
Other than
connecting to Service Provider's servers by http requests
using a Web browser, you may not attempt to gain access to
Service Provider's servers by any means - including, without
limitation, by using administrator passwords or by
masquerading as an administrator while using the Service or
otherwise.
-
You
acknowledge that Service Provider has not reviewed and does
not endorse the content of all sites linked to from this
Service and is not responsible for the content or actions of
any other sites linked to from this Service. Your linking to
any service or site is at your sole risk.
2. COMMENTS BY
OTHERS ARE NOT ENDORSED BY SERVICE PROVIDER:
Service Provider
does not necessarily endorse, support, sanction, encourage,
verify, or agree with the comments, opinions, or statements
posted on forums, blogs or otherwise contained in the Service.
Nor does Service Provider or its third party service providers
make any warranties with respect to any of the merchandise
featured, mentioned, or sold on or through the Service. Any
information or material placed online, including advice and
opinions, are the views and responsibility of those who post the
statements or those who actually sell any merchandise, and do
not necessarily represent the views of Service Provider or its
third party service providers.
3. USE OF
MATERIAL SUPPLIED BY YOU::
For information
regarding use of personal information you supply or communicate
to the Service, please see our
Privacy Policy. Except as
expressly provided otherwise in the Privacy Policy, you agree
that by posting messages, uploading files, inputting data, or
engaging in any other form of communication with or through the
Service, you grant us a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to use, reproduce, modify,
adapt, translate, enhance, transmit, distribute, publicly
perform, display, or sublicense any such communication
(including your identity and information about you) in any
medium (now in existence or hereinafter developed) and for any
purpose, including commercial purposes, and to authorize others
to do so. In addition, please be aware that information you
disclose in publicly accessible portions of the Service will be
available to all users of the Service, so you should be mindful
of personal information and other content you may wish to post.
4. MATERIALS
POSTED BY OTHERS:
You agree that
Service Provider and its third party service providers are not
responsible, and shall have no liability to you, with respect to
any information or materials posted by others, including
defamatory, offensive or illicit material, even material that
violates this Agreement.
5.
INDEMNIFICATION:
You agree to
indemnify Service Provider and its affiliates, employees,
agents, representatives and third party service providers, and
to defend and hold each of them harmless, from any and all
claims and liabilities (including attorneys fees) which may
arise from your submissions, from your unauthorized use of
material obtained through the Service, or from your breach of
this Agreement, or from any such acts through your use of the
Service.
6. EDITING AND
DELETIONS:
Service Provider
reserves the right, but undertakes no duty, to review, edit,
move or delete any material provided for display or placed on
the Service or its bulletin boards, in its sole discretion,
without notice.
7. ADDITIONAL
RULES:
Service Provider
reserves the right to post, from time to time, additional rules
of usage that apply to specific parts of the Service. Such
additional rules will be posted in the relevant parts of the
Service, and will be clearly identified. Your continued use of
the Service constitutes your agreement to comply with these
additional rules.
8. DISCLAIMER
OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE
THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS
PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND
ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR
REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM,
INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE
PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE
WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS
OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO
VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
SERVICE PROVIDER,
ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT
BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED
ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES
HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE,
YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR
VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE
OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE,
INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF
THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU
MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE
TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY
SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES
(ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED
("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE
OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE
CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".
9. TERMINATION
OF ACCESS TO THE SERVICE:
Service Provider
has the right to terminate and/or suspend your ability to access
the Service or any portion thereof, for any or no reason,
without notice.
10.
JURISDICTION:
Service Provider
makes no representation that materials on the Service are
appropriate, available or legal in any particular location.
Those who choose to access the Service do so on their own
initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
You agree that
this Agreement, for all purposes, shall be governed and
construed in accordance with the laws of the State of Michigan
applicable to contracts to be wholly performed therein, and any
action based on, relating to, or alleging a breach of this
Agreement must be brought in a state or federal court in
Michigan. In addition, both parties agree to submit to the
exclusive personal jurisdiction and venue of such courts.
11. AUCTIONS:
We may at times
offer auctions on the Service; should we do so, we will use
third-party service provider(s) to administer the auctions. You
must agree to such third party's user agreements, contracts and
rules pertaining to the use of its service. Neither Service
Provider nor its auction service provider(s) have any control or
assume responsibility for the quality, safety or legality of the
items advertised. We provide a venue to bring buyers and sellers
together over the Internet. If you participate in the auctions
feature of the Service, please note that Service Provider does
not participate and does not have any control over or assume any
responsibility or liability for the quality, safety or legality
of the items advertised, the truth or accuracy of the listings,
the ability of sellers to sell items, or the functionality of
the auction services.
12. ASSOCIATED
PRESS:
Associated Press
("AP") text, photo, graphic, audio and/or video material shall
not be published, broadcast, rewritten for broadcast or
publication or redistributed directly or indirectly in any
medium. Neither these AP materials nor any portion thereof may
be stored in a computer except for personal and non-commercial
use. The AP will not be held liable for delays, inaccuracies,
errors or omissions therefrom or in the transmission or delivery
of all or any part thereof or for any damages arising from any
of the foregoing.
If you don't
agree to the terms contained in this Agreement, please exit the
Service. Please click the Back button on your browser to return
to the previous page.
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