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Terms of Use

Mon, 12/12/2011 - 2:52am — mlevine

 
Coffee Party WEBSITE Terms of Use

 
By using and/or visiting our Site, whether or not you register you: (1) agree to be bound by these Terms of Use (“Agreement”) (2) agree to our Privacy Policy, which is located at http://www.coffeepartyusa.com/privacy and is incorporated here by reference; and (3) agree to be bound by other legal notices that may be posted on the Site from time to time. The legally binding terms of these documents set out your rights, obligations and restrictions regarding your use of our Site. In order to participate in certain Services you may be required to download content, software, and/or required to agree to additional terms and conditions. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. If you do not agree to this Agreement (which is comprised of these terms of use and our Privacy Policy) please do not use the Site. You are only authorized to use the Site if you agree to abide by all applicable laws and this Agreement

 
Modification to Agreement

 
We may change or update this Agreement from time to time, and any such modifications shall be effective upon posting on the Site. Your use of our Site after a change has been posted signifies your agreement to any such changes. You should review this Agreement periodically to make sure you are up to date on any changes.

 
Propriety and Intellectual Property Rights

 
All copyright and other rights in and to the computer programs, computer applications, web applications, database programs, web content files and all written, graphic, audio and audiovisual works incorporated into and utilized on the Site shall be and remain the sole and exclusive property of Coffee Party USA (“Coffee Party Intellectual Property”). You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Coffee Party Intellectual Property, EXCEPT to download copies for your own personal use or for purposes of assisting with recruiting members or supporters, or participating in Coffee Party activities and programs.

 
You retain copyright and other intellectual property rights in and to user content created by you (“User Content”), to the extent that you have such rights under applicable law

 
Notwithstanding the foregoing, you understand and agree that by submitting your User Content to any area of the Site, you automatically grant (and you represent and warrant that you have the right to grant) to Coffee Party: (a) a royalty-free, world-wide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce, distribute, modify, adapt, and publicly display your User Content within the Site and/or on the Service as permitted by you through your interactions on and through the Site, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your User Content in any or all media throughout the world (b) the perpetual and irrevocable right to delete any or all of your User Contents from Coffee Party’s servers and from the Site, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your User Content as Coffee Party may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Site.

 
Third Party Intellectual Property Rights and Infringement

 
You may not incorporate into any User Content, or otherwise post on or through the site, any material, writing, visual work, symbol, logo, trade name or data of any kind in which any third party has a copyright, trademark or other rights without obtaining the prior express written consent of the owner of such proprietary rights.

 
You acknowledge that Coffee Party, users and other content providers have rights in their respective User Contents under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of this Site. You accept full responsibility and liability for your use of any User Content in violation of any such rights.

 
You agree to indemnify and hold Coffee Party harmless from and against all claims, costs, loss and damages of any kind (including reasonable attorneys fees and expenses) arising from or based upon any claim that any User Content posted or displayed on or through the Site by you infringes the copyright or intellectual property rights of any third party.

 
DMCA Policy

 
Coffee Party respects the intellectual property rights of others and expects all users and Members of the Site to respect them as well. If you believe your copyrights or other intellectual property rights have been infringed or otherwise violated, please provide Coffee Party's Copyright Agent the following information (your "Notice of Claim") via written letter, fax regular mail or email:

  1. The signature (physical or electronic) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property you claim has been infringed;
  3. a description of where on the Site the material you claim is infringing is located;
  4. your name, address, telephone number and email address;
  5. 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;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice of Claim is accurate, and that you are the copyright owner or intellectual property owner, or are authorized to act on the copyright or intellectual property owner's behalf.

 
Coffee Party's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 
By mail:

 
Coffee Party Copyright Agent
PO Box 866
Corvalis, OR  97339-0866

 
At any time that Coffee Party becomes aware that any User Content infringes the copyright of a third party, Coffee Party will remove that User Content or Petition from the Site as required by laws. If you believe that Coffee Party has removed any content in error and that you are the copyright owner of such content or have permission to use it, you can file a counter notice and let us know,

 
Any user of the site determined to have infringed the copyright of any third party on three or more occasions will have their access to the Site terminated. Users with suspended or terminated accounts are prohibited from creating new memberships or using the Site.

 
Content Posted on the Site

 
Coffee Party, unless otherwise indicated, does not guarantee the accuracy, integrity or quality of any content of the Site. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 
Prohibited Use of the Site

 
You have a nonexclusive, limited, revocable license to use the Coffee Party Site while you are in compliance with this Agreement. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that Coffee Party deems harmful. We reserve the right to investigate and take appropriate legal action against anyone who, in Our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the Site and terminating the access of such violators.

 
You agree that you shall not use the Service and/or the Site to:

  • collect usernames and/or email addresses of Members for purposes other than those specifically intended on this Site;
  • forward personally identifiable information from any Member to any non-Member;
  • submit false User/Member information when registering or providing information to Coffee Party;
  • use this site to engage in advertising to, or solicitation of, other Members to buy, or sell any product or services, including posting advertisements and/or solicitations of business;
  • use this site to engage in campaigning for specific candidates for office, solicitation of other Members to volunteer for, donate to or support a specific candidate;
  • use this Site in a manner inconsistent with any and all applicable laws and regulations of any country;
  • impersonate any person or entity, real of fictitious, including, but not limited to, a Coffee Party employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • stalk, abuse (or attempt to abuse), or otherwise harass another User/Member;
  • make unauthorized use of any Coffee Party trademarks or service marks;
  • upload, post, e-mail or otherwise transmit or create User Contents that contain any viruses, Trojan horses, worms, spyware, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that Coffee Party considers in its sole discretion to be of such nature;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • attempt to gain access to any other Member's Membership account or password;
  • include links to personal or commercial web pages and/or websites that we, in our sole discretion, deem incompatible with the goals and/or philosophy of Coffee Party ;
  • provide information that you know is false or misleading;
  • post or provide links to your or other Member passwords;
  • post or provide links to information relating to circumventing this Site's or any other website's protected software; or
  • post links to expressly solicit personal information from anyone under the age of 18.

 
Any violation by you of the terms of the foregoing provisions may result in immediate and permanent suspension or cancellation of your membership and/or access to the Site. You agree that Coffee Party may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Site in its sole discretion, without notice to you.

 
No Liability

 
You agree that Coffee Party is not responsible for the conduct, whether online or offline, of any user of the Site or Member. Coffee Party assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Coffee Party is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or Services. Under no circumstances will Coffee Party be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone's use of the Site, any User Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and any services, tools or applications offered through the Site (the “Services”) are provided "AS-IS" and (to the extent legally permitted) Coffee Party expressly disclaims any warranty of fitness for a particular purpose or non-infringement, and further expressly disclaims any implied warranty and terms and conditions. Coffee Party cannot guarantee and does not promise any specific results from use of the Site and/or the Services.

 
Except where restricted or prohibited, in no event will Coffee Party be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Site or the Services, or of our termination of your Membership, even if Coffee Party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Coffee Party's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Coffee Party for the Services during the term of Membership. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

 
Release

 
You hereby agree to release Coffee Party and its officers, directors, agents and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Site. If you are a District of Columbia resident, you waive District of Columbia Civil Code § 1542, which says: "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."

 
Indemnity

 
You hereby agree to defend, indemnify and hold harmless Coffee Party and its officers, directors, agents and employees , from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from or based on your use of the Site and, any action or inaction by you in connection with the deletion, alteration, transfer or other loss of User Content or Petition(s), status or other data held in connection with your Membership,

 
Claims or Disputes

 
If there is any claim, controversy or dispute at law or equity about this Agreement, the Site and/or the Services ("Claim"), you agree that we will resolve any Claim in accordance with this paragraph. This Agreement will be governed in all respects by the laws of the District of Columbia as they apply to agreements entered into and to be performed entirely within District of Columbia between District of Columbia residents, without regard to conflict of law provisions. You agree that any Claim must be resolved by a court located in the District of Columbia. You agree to submit to the personal jurisdiction of the courts located within the District of Columbia for the purpose of litigating all Claims.

 

 



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