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AGREEMENT BETWEEN USER AND cappuccino
The cappuccino Web Site is comprised of various Web pages operated by cappuccino.
The
cappuccino Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained
herein. Your use of the cappuccino Web Site constitutes your agreement
to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
cappuccino
reserves the right to change the terms, conditions, and notices under
which the cappuccino Web Site is offered, including but not limited to
the charges associated with the use of the cappuccino Web Site.
LINKS TO THIRD PARTY SITES
The
cappuccino Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of cappuccino and
cappuccino is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. cappuccino is not responsible
for webcasting or any other form of transmission received from any
Linked Site. cappuccino is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement
by cappuccino of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As
a condition of your use of the cappuccino Web Site, you warrant to
cappuccino that you will not use the cappuccino Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the cappuccino Web Site in any manner which
could damage, disable, overburden, or impair the cappuccino Web Site or
interfere with any other party's use and enjoyment of the cappuccino
Web Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through the cappuccino Web Sites.
USE OF COMMUNICATION SERVICES
The
cappuccino Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services
only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
- Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or
other material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents.
- Upload files that contain viruses,
corrupted files, or any other similar software or programs that may
damage the operation of another's computer.
- Advertise or offer to sell or buy any
goods or services for any business purpose, unless such Communication
Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user
of a Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner.
- Falsify or delete any author
attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material
contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
cappuccino
has no obligation to monitor the Communication Services. However,
cappuccino reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole
discretion. cappuccino reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for
any reason whatsoever.
cappuccino reserves the right at all
times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or materials, in
whole or in part, in cappuccino's sole discretion.
Always use
caution when giving out any personally identifying information about
yourself or your children in any Communication Service. cappuccino does
not control or endorse the content, messages or information found in
any Communication Service and, therefore, cappuccino specifically
disclaims any liability with regard to the Communication Services and
any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized cappuccino
spokespersons, and their views do not necessarily reflect those of
cappuccino.
Materials uploaded to a Communication Service may be
subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations if
you download the materials.
MATERIALS PROVIDED TO cappuccino OR POSTED AT ANY cappuccino WEB SITE
cappuccino
does not claim ownership of the materials you provide to cappuccino
(including feedback and suggestions) or post, upload, input or submit
to any cappuccino Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting cappuccino, its affiliated
companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid
with respect to the use of your Submission, as provided herein.
cappuccino is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in cappuccino's sole
discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE cappuccino WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. cappuccino AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE cappuccino WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
cappuccino WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
cappuccino
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
cappuccino WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. cappuccino AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL cappuccino AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
cappuccino WEB SITE, WITH THE DELAY OR INABILITY TO USE THE cappuccino
WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE cappuccino WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE cappuccino WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
cappuccino OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE cappuccino WEB SITE, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE cappuccino WEB SITE.
SERVICE CONTACT : john_d_courtney@yahoo.co.uk
TERMINATION/ACCESS RESTRICTION
cappuccino
reserves the right, in its sole discretion, to terminate your access to
the cappuccino Web Site and the related services or any portion thereof
at any time, without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue
of courts in King County, Washington, U.S.A. in all disputes arising
out of or relating to the use of the cappuccino Web Site. Use of the
cappuccino Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
cappuccino as a result of this agreement or use of the cappuccino Web
Site. cappuccino's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in
derogation of cappuccino's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the
cappuccino Web Site or information provided to or gathered by
cappuccino with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement
between the user and cappuccino with respect to the cappuccino Web Site
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
cappuccino with respect to the cappuccino Web Site. A printed version
of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the cappuccino Web Site are: Copyright 2007 by Cappuccino and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The
example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement. |