CreativeCafe4u.com
Terms of Service (T.O.S.)
1.
ACCEPTANCE OF TERMS
CreativeCafe4u.com
Inc. ("CreativeCafe4u.com") welcomes you. CreativeCafe4u.com provides
its service to you subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. In
addition, when using particular CreativeCafe4u.com owned or operated services,
you and CreativeCafe4u.com shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time. All such
guidelines or rules (including but not limited to our Spam Policy) are
hereby incorporated by reference into the TOS. CreativeCafe4u.com may also
offer other services that are governed by different Terms of Service. For
2.
DESCRIPTION OF SERVICE
CreativeCafe4u.com
provides users with access to a rich collection of resources, including various
communications tools, forums, shopping services, search services, personalized
content and branded programming through its network of properties which may be
accessed through any various medium or device now known or hereafter developed
(the "Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are necessary for
CreativeCafe4u.com to provide the Service. You also understand and agree that
the Service may include certain communications from CreativeCafe4u.com, such as
service announcements, administrative messages and the CreativeCafe4u.com
Newsletter, and that these communications are considered part of
CreativeCafe4u.com membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features that augments or
enhances the current Service, including the release of new CreativeCafe4u.com
properties, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that CreativeCafe4u.com assumes no
responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings. You
are responsible for obtaining access to the Service, and that access may
involve third-party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the Service.
Please be aware that
CreativeCafe4u.com has created certain areas on the Service that contain adult
or mature content. You must be at least 18 years of age to access and view such
areas.
3.
YOUR REGISTRATION OBLIGATIONS
In consideration of
your use of the Service, you represent that you are of legal age to form a
binding contract and are not a person barred from receiving services under the
laws of the
4.
CREATIVECAFE4U.COM PRIVACY POLICY
Registration Data and
certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at http://creativecafe4u.com/privacy.htmlYou
understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the United States and/or other countries for
storage, processing and use by CreativeCafe4u.com and its affiliates.
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a
password and account designation upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password and
account and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify CreativeCafe4u.com of
any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. CreativeCafe4u.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6.
MEMBER CONDUCT
You understand that
all information, data, text, software, music, sound, photographs, graphics,
video, messages, tags, or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from whom such Content originated. This means that you, and not
CreativeCafe4u.com, are entirely responsible for all Content that you upload, post, email, transmit or is otherwise posted for you
and made available via the Service. CreativeCafe4u.com does not control the
Content posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will CreativeCafe4u.com be liable in any way for any
Content, including, but not limited to, any errors or omissions in any Content,
or any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use
the Service to:
a.
upload, post, email, transmit or otherwise
make available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including,
but not limited to, a CreativeCafe4u.com official, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation with a person or
entity;
d.
forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through
the Service;
e.
upload, post, email, transmit or otherwise
make available any Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
f.
upload, post, email, transmit or otherwise
make available any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping) that are designated for such purpose (please read our
complete Spam Policy);
h.
upload, post, email, transmit or otherwise
make available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
i.
disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects other users' ability
to engage in real time exchanges;
j.
interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
k.
intentionally or unintentionally violate any
applicable local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
l.
provide material support or resources (or to
conceal or disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
m.
"stalk" or otherwise harass another;
and/or
n.
collect or
store personal data about other users in connection with the prohibited conduct
and activities set forth in paragraphs a through m above.
You acknowledge that
CreativeCafe4u.com may or may not pre-screen Content, but that
CreativeCafe4u.com and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or remove any
Content that is available via the Service. Without limiting the foregoing,
CreativeCafe4u.com and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. 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. In
this regard, you acknowledge that you may not rely on any Content created by
CreativeCafe4u.com or submitted to CreativeCafe4u.com, including without
limitation information in CreativeCafe4u.com Message Boards and or in all other
parts of the Service.
You acknowledge,
consent and agree that CreativeCafe4u.com may access, preserve and disclose
your account information and Content if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights, property or
personal safety of CreativeCafe4u.com, its users and the public.
You understand that
the technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices.
You understand that
the Service and software embodied within the Service may include security
components that permit digital materials to be protected, and that use of these
materials is subject to usage rules set by CreativeCafe4u.com and/or content
providers who provide content to the Service. You may not attempt to override
or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
7.
INTERSTATE NATURE OF COMMUNICATIONS ON
CREATIVECAFE4U.COM NETWORK
When you register with
CreativeCafe4u.com, you acknowledge that in using CreativeCafe4u.com services
to send electronic communications (including but not limited to email, search
queries, sending messages to CreativeCafe4u.com Chat or CreativeCafe4u.com
Groups, uploading photos and files to CreativeCafe4u.com you will be causing
communications to be sent through CreativeCafe4u.com's computer networks,
portions of which are located in, Texas, Virginia and other locations in the
United States… portions of which are located abroad. As a result, and also as a
result of CreativeCafe4u.com's network architecture and business practices and
the nature of electronic communications, even communications that seem to be
intrastate in nature can result in the transmission of interstate
communications regardless of where you are physically located at the time of
transmission. Accordingly, by agreeing to this Terms of Service, you
acknowledge that use of the service results in interstate data transmissions.
8.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global
nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from
the
9.
CONTENT SUBMITTED OR MADE AVAILABLE FOR
INCLUSION ON THE SERVICE
CreativeCafe4u.com
does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant
CreativeCafe4u.com the following worldwide, royalty-free and non-exclusive
license(s), as applicable:
a.
With respect to Content you submit or make
available for inclusion on publicly accessible areas of CreativeCafe4u.com
Groups, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the
purposes of providing and promoting the specific CreativeCafe4u.com Group to
which such Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the Service and
will terminate at the time you remove or CreativeCafe4u.com removes such
Content from the Service.
b.
With respect to photos, graphics, audio or
video you submit or make available for inclusion on publicly accessible areas
of the Service other than CreativeCafe4u.com Groups, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purpose for which such Content was
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the
time you remove or CreativeCafe4u.com removes such Content from the Service.
c.
With respect to Content other than photos,
graphics, audio or video you submit or make available for inclusion on publicly
accessible areas of the Service other than CreativeCafe4u.com Groups, the
perpetual, irrevocable and fully sub-licensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly
accessible" areas of the Service are those areas of the CreativeCafe4u.com
network of properties that are intended by CreativeCafe4u.com to be available
to the general public. However, publicly accessible areas of the Service would
not include portions of CreativeCafe4u.com Groups that are limited to members,
CreativeCafe4u.com services intended for private communication such as
CreativeCafe4u.com Mail or CreativeCafe4u.com Messenger, or areas off of the
CreativeCafe4u.com network of properties such as portions of World Wide Web
sites that are accessible via hypertext or other links but are not hosted or
served by CreativeCafe4u.com.
10.
CONTRIBUTIONS TO CREATIVECAFE4U.COM
By submitting ideas,
suggestions, documents, and/or proposals ("Contributions") to
CreativeCafe4u.com through its suggestion or feedback web pages, you
acknowledge and agree that: (a) your Contributions do not contain confidential
or proprietary information; (b) CreativeCafe4u.com is not under any obligation
of confidentiality, express or implied, with respect to the Contributions; (c)
CreativeCafe4u.com shall be entitled to use or disclose (or choose not to use
or disclose) such Contributions for any purpose, in any way, in any media
worldwide; (d) CreativeCafe4u.com may have something similar to the
Contributions already under consideration or in development; (e) your
Contributions automatically become the property of CreativeCafe4u.com without
any obligation of CreativeCafe4u.com to you; and (f) you are not entitled to
any compensation or reimbursement of any kind from CreativeCafe4u.com under any
circumstances.
11.
INDEMNITY
You agree to indemnify
and hold CreativeCafe4u.com and its subsidiaries, affiliates, officers, agents,
employees, partners and licensors harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or otherwise make available through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
12.
NO RESALE OF SERVICE
You agree not to
reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including your
CreativeCafe4u.com ID), use of the Service, or access to the Service.
13.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that
CreativeCafe4u.com may establish general practices and limits concerning use of
the Service, including without limitation the maximum number of days that email
messages, message board postings or other uploaded Content will be retained by
the Service, the maximum number of email messages that may be sent from or
received by an account on the Service, the maximum size of any email message
that may be sent from or received by an account on the Service, the maximum
disk space that will be allotted on CreativeCafe4u.com's servers on your
behalf, and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that
CreativeCafe4u.com has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that
CreativeCafe4u.com reserves the right to log off accounts that are inactive for
an extended period of time. You further acknowledge that CreativeCafe4u.com
reserves the right to modify these general practices and limits from time to
time.
14.
MODIFICATIONS TO SERVICE
CreativeCafe4u.com
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that CreativeCafe4u.com shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
15.
TERMINATION
You agree that
CreativeCafe4u.com may, under certain circumstances and without prior notice,
immediately terminate your CreativeCafe4u.com account, any associated email
address, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, (f) extended
periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with
the Services. Termination of your CreativeCafe4u.com account includes (a) removal
of access to all offerings within the Service, including but not limited to
CreativeCafe4u.com Mail, Groups, Messenger, Chat, and Alerts, (b) deletion of
your password and all related information, files and content associated with or
inside your account (or any part thereof), and (c) barring of further use of
the Service. Further, you agree that all terminations for cause shall be made
in CreativeCafe4u.com's sole discretion and that CreativeCafe4u.com shall not
be liable to you or any third party for any termination of your account, any
associated email address, or access to the Service.
16.
DEALINGS WITH ADVERTISERS
Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that CreativeCafe4u.com shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
17.
LINKS
The Service may
provide, or third parties may provide, links to other World Wide Web sites or
resources. Because CreativeCafe4u.com has no control over such sites and
resources, you acknowledge and agree that CreativeCafe4u.com is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products or
other materials on or available from such sites or resources. You further
acknowledge and agree that CreativeCafe4u.com shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource.
18.
CREATIVECAFE4U.COM'S PROPRIETARY RIGHTS
You acknowledge and
agree that the Service and any necessary software used in connection with the
Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You
further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or by advertisers is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly permitted by applicable law or
authorized by CreativeCafe4u.com or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
CreativeCafe4u.com
grants you a personal, non-transferable and non-exclusive right and license to
use the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative
work from, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, nor to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by
CreativeCafe4u.com for use in accessing the Service.
19.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
CREATIVECAFE4U.COM AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM CREATIVECAFE4U.COM OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A
COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY
OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
20.
LIMITATION OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT CREATIVECAFE4U.COM AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CREATIVECAFE4U.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
21.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22.
NO THIRD-PARTY BENEFICIARIES
You agree that, except
as otherwise expressly provided in this TOS, there shall be no third-party
beneficiaries to this agreement.
23.
NOTICE
CreativeCafe4u.com may
provide you with notices, including those regarding changes to the TOS,
including by but not limited to email, regular mail, SMS, MMS, text message,
postings on the Service, or other reasonable means now known or hereinafter
developed.
24.
TRADEMARK INFORMATION
The
CREATIVECAFE4U.COM, CreativeCafe4u.com logo, CREATIVECAFE4U.COM trademarks and
service marks and other CreativeCafe4u.com logos and product and service names
are trademarks of CreativeCafe4u.com Inc. (the "CreativeCafe4u.com
Marks"). Without CreativeCafe4u.com's prior permission, you agree not to
display or use in any manner the CreativeCafe4u.com Marks.
25.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CreativeCafe4u.com
respects the intellectual property of others, and we ask our users to do the
same. CreativeCafe4u.com may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide CreativeCafe4u.com's 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.
CreativeCafe4u.com's
Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail:Info@creativecafe4u.com
Copyright Agent: Bryant Little
c/o CreativeCafe4u.com Inc.
2700 Woodland Park Dr
Houston TX 77082
By phone: (713)-449-6063
By fax: (281) 293-0408
By email: Copyright Infringement
26.
GENERAL INFORMATION
Entire
Agreement. The TOS constitutes the entire agreement
between you and CreativeCafe4u.com and governs your use of the Service,
superseding any prior agreements between you and CreativeCafe4u.com with
respect to the Service. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other
CreativeCafe4u.com services, affiliate services, third-party content or
third-party software.
Choice
of Law and Forum. The TOS and the relationship between you
and CreativeCafe4u.com shall be governed by the laws of the State of
Waiver
and Severability of Terms. The failure of
CreativeCafe4u.com to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
No
Right of Survivorship and Non-Transferability. You
agree that your CreativeCafe4u.com account is non-transferable and any rights
to your CreativeCafe4u.com ID or contents within your account terminate upon
your death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
Statute
of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related
to use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in
the TOS are for convenience only and have no legal or contractual effect.
27.
VIOLATIONS
Please report any
violations of the TOS to our Customer Care
group.