CafeDeal.com


Terms and Conditions

To better serve you and to clarify our service, we have drawn up an agreement of our terms and conditions. In order to use our service, you must read and accept all of the terms and conditions of this agreement and in the Privacy Policy. If you do not agree to be bound by the terms after you read this Agreement, you may not use our service.

1. The Service and Terms

All use of the web site Cafedeal (www.cafedeal.com) (referred to hereafter as "the Service") is on the terms and conditions below. The Service is provided by the Cafedeal and is subject to the following Terms of Use ("Terms"), which may be updated by the Cafedeal. from time to time. The Cafedeal will provide notice of materially significant changes to the Terms by posting notice on the Cafedeal homepage. By using the Service in any way, you are agreeing to comply with these terms.

2. Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post or email on the Service. The Cafedeal does not control, and is not responsible for Content made available through the Service. By using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Cafedeal site and Content available through the Service may contain links to other websites. The Cafedeal. makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk and we recommend that you do so carefully. The Cafedeal will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. The Cafedeal does not pre-screen or approve Content, but it has the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

3. Copyrights and Trademarks

Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Cafedeal and the Cafedeal logo, icons and marks identifying Cafedeal products and services are trademarks of the Cafedeal and may not be used without the written consent of the Cafedeal. You may not copy, reproduce, distribute, or create derivative works of the Service without Cafedeal’s express written authorization. You may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Service. The Cafedeal respects the intellectual property of others and we require that our users do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

4. Notification of Claims of Infringement

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 notify the Cafedeal's agent for notice of claims of copyright or other intellectual property infringement by emailing to info@cafedeal.com. Please provide us with the following Notice:

  • Identify the copyrighted work or other intellectual property that you claim has been infringed;
  • Identify the material on the Cafedeal site that you claim is infringing, with enough detail so that we may locate it on the website;
  • 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;
  • A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

5. Privacy and Information Disclosure

Please review our Privacy Policy. Your use of the Cafedeal website or the Service signifies acknowledgement of and agreement to our Privacy Policy.

6. Conduct

You agree not to post, email, or otherwise make available Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that impersonates any person or entity, including, but not limited to, an Cafedeal. employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • that includes personal or identifying information about another person without that person's explicit consent.
  • that is false, deceptive, misleading, deceitful, or mis-informative.
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
  • that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
  • that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Cafedeal sites which are not designated for such purposes; or (2) emailed to Cafedeal users who have requested not to be contacted about other services, products or commercial interests.
  • that includes links to commercial services or web sites, except as allowed in "services".
  • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
  • 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;
  • that disrupts the normal flow of dialogue with an excessive number of messages to the Service, or that otherwise negatively affects other users' ability to use the Service; or
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

7. No Spam Policy

You understand and agree that sending unsolicited email advertisements to Cafedeal email addresses or through Cafedeal computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Cafedeal computer systems is a violation of these Terms and certain English laws.

8. Legal Jurisdiction and Dispute Resolution

English law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.

We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.

9. Limitations on Service

You acknowledge that the Cafedeal may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that the Cafedeal has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that the Cafedeal reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Cafedeal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. Termination of Service

You agree that the Cafedeal in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if the Cafedeal believes that you have violated these Terms. Further, you agree that the Cafedeal shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

11. Dealings with Organizations and Individuals

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that the Cafedeal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Cafedeal is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Cafedeal, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

12. Disclaimer of Warranties

YOU AGREE THAT USE OF THE CAFEDEAL SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CAFEDEAL DISCLAI MS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CAFEDEAL SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CAFEDEAL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CAFEDEAL SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE CAFEDEAL SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CAFEDEAL DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CAFEDEAL SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

13. Limitations of Liability

IN NO EVENT SHALL THE CAFEDEAL BE LIABLE TO YOU (OR ANY THIRD PARTY WHOSE PRODUCTS APPEAR ON THE SITE OR WHO IS DISCRIBED ON THE SITE) FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE CAFEDEAL SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CAFEDEAL SITE OR THE SERVICE, FROM INABILITY TO USE THE CAFEDEAL SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODI FICATION, ALTERATION, OR TERMINATION OF THE CAFEDEAL SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CAFEDEAL SITE OR THE SERVICE OR ANY LINKS ON THE CAFEDEAL SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CAFEDEAL SITE OR THE SERVICE OR ANY LINKS ON THE CAFEDEAL SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

14. Indemnity

You agree to indemnify and hold the Cafedeal site, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

15. General Information

The Terms and the relationship between you and the Cafedeal shall be governed by the English laws without regard to its conflict of law provisions. The failure of the Cafedeal to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect.

16. Violations of Terms

Please report any known violations of the Terms, by emailing to info@cafedeal.com.

© CafeDeal.com 2007