The terms and conditions of use set forth herein (“Terms”) applies to the Internet Web site located at http://www.CaffeStreets.com (the “Web Site”) which is owned, operated, licensed, or controlled by Caffe Streets, Inc. (“CaffeStreets”).
PLEASE READ THESE TERMS CAREFULLY.
THIS AGREEMENT GOVERNS YOUR USE OF THIS WEB SITE.
1. Acceptance. By using the Web Site or registering with the Web Site, you, the Web site user (“User”), agree to be bound by these Terms. CaffeStreets reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time and without notice. Please check these Terms periodically for changes. Continued use of the Web Site following the posting of changes to these Terms will mean User has read and accepts such changes.
2. License & Access. CaffeStreets grants User a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CaffeStreets. This license does not include any resale or commercial use of this Web site or its contents; any derivative use of this Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. User shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CaffeStreets or our affiliates without express written consent. User shall not use any meta tags or any other “hidden text” utilizing CaffeStreets’ name or trademarks without the express written consent of CaffeStreets. Any unauthorized use terminates the permission or license granted by CaffeStreets. User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CaffeStreets so long as the link does not portray CaffeStreets, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. User shall not use any CaffeStreets logo or other proprietary graphic or trademark as part of the link without express written permission.
2.1 Accounts. Users may also register with CaffeStreets to create an account (“Account”). Users shall receive a password and Account upon completing the registration process. Users are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities that occur using such password or Account. User agrees to immediately notify the Web Site Administrator of any unauthorized use of a password or Account.
2.2 The CaffeStreets Logo. Registered Users who have an active Account shall have a limited, irrevocable, and nonexclusive right to use the “CaffeStreets Logo” image to create unique works of which User is the author. All right, title and interest in and to the CaffeStreets Logo shall at all times remain with CaffeStreets.
3. Restrictions on Use. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of any CaffeStreets Web Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by CaffeStreets. No material from any CaffeStreets Web Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of CaffeStreets.. In addition, Users shall not commit any of the following acts through their use of this Web Site:
a. transmit any content that is invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. use foul language or post links to adult-oriented Web sites;
c. transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unrequested solicitation;
d. post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links; or
e. collect, store, use or disseminate personal data or information about other Users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
4. Violations. In addition to any and all remedies at law or in equity, any intentional violation of the Terms shall give CaffeStreets the right to immediately suspend or cancel Services or Accounts without further liability. Furthermore, User specifically agrees that any intentional violation shall result in immediate liability for liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for breach of contract, in addition to any other remedies available to CaffeStreets at law or in equity.
5. Fees. Using this Web site and listing items is currently free. CaffeStreets may in the future charge a fee for creating listings. When User list an item or use a service that has a fee User have an opportunity to review and accept the fees that User will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide User with at least fourteen (14) days advance notice by posting the changes on this Web Site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. User is responsible for paying all fees and applicable taxes associated with User’s use of the Web site in a timely manner with a valid payment method. If the payment method fails or an account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
6. Buyer & Seller Transactions. CaffeStreets provides the Web Site as a passive conduit for the distribution of information between potential sellers and potential buyers.
7. Forums and Other Public Communication. “Forum” shall mean a discussion group, chat area, bulletin board, or e-mail function offered as part of the Web Site. User shall not upload to, distribute through, or otherwise publish through a Forum any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial manner. User shall not, without CaffeStreets’ express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. User specifically acknowledges that soliciting other guests of the Web Site to for any commercial product or service or other organizations is expressly prohibited. This prohibition shall not apply to promotional or advertising content provided by merchants with Accounts.
By uploading materials to any Forum or submitting any materials to CaffeStreets, User automatically grants (or warrants that the owner of such rights has expressly granted) CaffeStreets a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, User warrant that all so-called “moral rights” in those materials have been waived.
8. Privacy. It is the policy of CaffeStreets to respect the privacy of all Web Site users. Therefore, in addition to the privacy of registration data, CaffeStreets shall not monitor, edit, or disclose the contents of a guest’s e-mail unless required in the course of normal maintenance of the Web Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on CaffeStreets; (2) protect and defend the rights or property of CaffeStreets; or (3) act in an emergency to protect the personal safety of our users or the public. Users shall remain solely responsible for the content of their messages. CaffeStreets’ Privacy Statement can be found here.
9. Indemnity. User shall indemnify and hold CaffeStreets harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys’ fees arising from or related in any way to: a) any claim which, if proved, would breach any representation of User; and b) any and all Third Party Claims arising out of any content submitted by User or transmitted through this Web Site by User.
10. Termination. These Terms are effective as of the first date materials from the Web Site are accessed by User (the “Effective Date”) and shall continue in effect until terminated by either party. User may terminate the agreement formed by these Terms at any time by destroying all materials obtained from the Web Site and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. CaffeStreets may immediately terminate a User’s Account or access to the Web Site if, in CaffeStreets’ sole discretion, User fails to comply with any term or provision of these Terms. Upon termination, User’s access and account shall be terminated and User shall destroy all materials obtained from the Web Site and all copies thereof, whether made under the terms of these Terms or otherwise.
CaffeStreets may, at its sole discretion, and at any time, discontinue providing the Web Site, or any part thereof, with or without notice. User agrees that any termination of its access to the Web Site under any provision of these Terms may be effected without prior notice. Further, User agrees that CaffeStreets shall not be liable to User or to any third party for any termination of User’s access to this Web Site.
11. Jurisdiction. Unless otherwise specified, the materials in this Web Site are presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. The Web Site is controlled and operated by CaffeStreets from its offices within the State of Illinois, United States of America. CaffeStreets makes no representation that materials in this Web Site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. Disclaimer. THE MATERIALS IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAFFESTREETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CAFFESTREETS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR ANY OTHER CAFFESTREETS WEB SITE OR THE SERVER(S) THAT MAKES THE CAFFESTREETS.COM WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAFFESTREETS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CAFFESTREETS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF CAFFESTREETS OR A CAFFESTREETS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN NO EVENT SHALL CAFFESTREETS’ TOTAL LIABILITY TO USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY USER TO CAFFESTREETS, IF ANY, FOR ACCESSING THIS WEB SITE.
14. Links to Outside Web Sites and Services. To the extent that this Web Site contains links to outside services and resources, CaffeStreets does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
15. Copyrights and Copyright Agents. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide CaffeStreets’ Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you have any questions or concerns regarding privacy on our Website, please send us a detailed message at firstname.lastname@example.org. We will make every effort to resolve your concerns.
1750 W. Division St
Chicago, IL 60622
16. Miscellaneous. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois. User agrees that any action at law or in equity arising out of or relating to these terms shall be litigated only in the state or federal courts located in the State of Illinois and User hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.