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USE OF OUR WEBSITE CONSTITUES ACCEPTANCE OF THESE TERMS
This website located at http://www.cafe.com/ (the ""Site"") is owned and maintained by Cafe.com, SA (""Cafe.com"" or ""we"" or ""us"" or ""our"") as a convenience to its customers (""you,"" ""your,"" and ""yours""). PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. By visiting, accessing, browsing and/or using the Site and/or any of the services offered on the Site (the ""Services""), you acknowledge that you have read, understood, and agreed to be bound by the following terms of use (""TOU"") (including the Privacy Policy http://www.cafe.com/BottomLinks/PrivacyPolicy.aspx on our Site) and to comply with all applicable laws and regulations. This is a legal agreement between you and Cafe.com. You represent that you have the capacity to enter into this agreement. If you do not agree to these TOU, please do not use or obtain products or Services from this Site or any other websites owned and controlled by Cafe.com. Cafe.com reserves the right, in its sole discretion, to change, modify, add or remove portions of these TOU at any time by updating this posting. You are responsible for reviewing these TOU from time to time, and will be deemed to have accepted any changes posted should you use the Services after the posting of such changes. These TOU do not replace nor supplant the End User License Agreement http://www.cafe.com/BottomLinks/EULA.aspx (""EULA"") of the Cafe.com Software (defined below) and to which the Cafe.com Software is subject.
1. Introduction
The content, information, graphics, design, compilation, products, Software, music, Services, including but not limited to downloads, interactive features, as well as any trademarks, service marks and logos and all other matters related to this Site (""Materials"") are protected by law, including, but not limited to, U.S. and French copyright laws and international treaties. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the Internet, data, e-mail, and privacy. You agree that Cafe.com, in its sole discretion, may terminate your access to and use of the Site and Materials, for any reason, including, without limitation, if Cafe.com believes that you have violated or acted inconsistently with the letter or spirit of these TOU. Upon termination, you must destroy all Materials and any copies obtained from the Site. Your right to use the Site and Software is not transferable and any password or rights given to you to obtain Materials is not transferable. Except as set forth in the ""Use of Software and Data"" Section below, these TOU contain our entire understanding relating to the use of the Site and supersede any prior written or oral agreement or understandings between us with respect to this Site, and cannot be changed or terminated by you except in writing signed by an authorized representative of Cafe.com.
2. Company Privacy Policy
Registration data and certain other information about you that we request in order to provide better Services are subject to our Privacy Policy http://www.cafe.com/BottomLinks/PrivacyPolicy.aspx. When you create a user identity (the ""ID"") on the Site, you must provide truthful and accurate information. Providing inaccurate information is a violation of these TOU. You, as creator of your ID, are responsible for your ID and any information posted whether on the Site or on the Materials with your ID. If an ID violates any part of these TOU, Cafe.com may ban such ID. You must abide by these TOU and respect other users when using this Site or the Materials. Cafe.com will not tolerate any illegal or discourteous conduct on the Site.
Conduct that violates these TOU includes, but is not limited to: embarrassing, harassing and/or threatening another user or users, whether directly or indirectly; posting pictures or links to pornographic material; using bad language; attempting to hack or exploit any bug or glitch to obtain an unfair advantage; any other activity that prohibits other users from enjoying the Services provided on the Site.
Cafe.com, in its sole discretion, reserves the right to take any actions and impose any penalties to discourage and punish any violation of these TOU, notably, but not exclusively by deactivating your account.
3. Use of Software and Data
Any software or code downloaded from the Site, including, without limitation, any files, images incorporated in or generated by the software, code or data accompanying the software (collectively, the ""Software"") are licensed to you under terms of the EULA or the specific terms of use (whether supplied by Cafe.com or a third party) applicable to any of the Materials. Your right to use the Software is expressly limited to the terms set forth in the EULA or specific terms of use. Access to or downloading of the Software does not in any way transfer title to the Software, or any intellectual property rights contained therein, to you.
4. CafeCoins
Some functions of the Site allow you to purchase items using CafeCoins (""CafeCoins""). CafeCoins may be acquired by using real world currency (credit and/or debit cards, for example). CafeCoins can only be used for the purchasing goods on the Site and on or any other websites owned and controlled by Cafe.com. Once purchased, CafeCoins have no value other than for use on the Site and on any other websites owned and controlled by Cafe.com. A full refund option is available if and only if none of the CafeCoins obtained through the applicable purchase have been used after 48 hours. Partial refund is not available. Using CafeCoins for any purpose other than as authorized on the Site, whether online or offline, is a violation of these TOU. CafeCoins purchased on the Site cannot be transferred or offered to other users. CafeCoins not used after thirteen (13) months might be canceled by Cafe.com at its sole discretion.
5. Contests; Sweepstakes
The Site may offer opportunities to enter contests and sweepstakes (""Promotions"") and to vote in connection with certain events from time to time. By participating in any such Promotion or event, you signify your agreement to all special terms set forth on the Site applicable to the event as well as to these TOU. Each Promotion will provide rules of eligibility. These TOU are incorporated by reference into such rules. To the extent that any conflict exists between these TOU and specific rules, the rules applicable to the particular Promotion in which you choose to participate shall govern. Although your participation in these Promotions is governed by the express rules applicable to each such Promotion, entry into any such Promotion constitutes permission for Cafe.com to use each entrant's name, likeness and/or entry in advertising and promotional activities in all media now known or hereafter developed without notice, compensation or other consideration (except where prohibited by law).
6. Notice
Notices to you, including but not limited to changes to these TOU or other policies, may be made via e-mail, regular mail or by displaying such notices or links to notices generally on the Site. Please note that these TOU may be updated by Cafe.com from time to time without notice to you. You can review the most current version of the TOU at any time by checking this Site located at http://www.cafe.com/BottomLinks/TOU.aspx. You are responsible for regularly reviewing these TOU to ensure that you are in compliance. In addition, when using particular Cafe.com Software, Materials and Services, you shall be subject to any guidelines or rules applicable to such Software, Materials and Services that may be posted on the Site from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU.
7. Modification
Cafe.com reserves the right in its sole discretion to modify or delete any Materials appearing on the Site or to terminate the Site without notice to you.
8. Termination
You agree that your access to and use of the Site and the Materials, including but not limited to the Software and Services provided hereunder, may be terminated by Cafe.com for any or no reason without prior notice. In the event of such termination, you acknowledge and agree that Cafe.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to and use of such files, the Site, the Services and/or the Materials. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Site, the Services or the Materials, may be referred to appropriate law enforcement authorities. Further, you agree that Cafe.com shall not be liable to you or any third party for any termination of your access to the Site, the Services or the Materials.
If your ID is not used for six (6) months, Cafe.com reserves the right to deactivate it. However, Cafe.com will notify you by e-mail ten (10) days before such deactivation. If you advise us of your desire to keep your ID within five (5) days of receiving such notification, we will not delete it. If you do not notify Cafe.com, your ID, along with your ID records, ranks and service information, will be permanently deleted.
You can also terminate your account by following the procedure set forth up here. Cafe.com will deactivate your account within thirty (30) days following completion of this procedure upon receipt of notification. This grace period will allow you to reactivate your account if so desired.
9. Copy and Use Restrictions
This Site contains Materials supplied by Cafe.com and its parents, affiliates and subsidiaries, as well as other sources, and is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Cafe.com owns or licenses or has the right to display all of the Materials provided on the Site. Except as stated herein, none of the Materials may be copied, duplicated, edited, adapted, reproduced, distributed, republished, uploaded, downloaded, displayed, performed, broadcast, posted, modified, enhanced, licensed, sold, resold, rented, transferred or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Cafe.com or the copyright, trademark and/or service mark owner in each instance. Notwithstanding the foregoing and unless specified otherwise in the EULA, permission is granted to download and display the Materials from this Site for personal, non-commercial use only, provided you do not modify, copy or distribute the Materials and that you retain all copyright, trademark, service mark, patent and other proprietary notices contained in the Materials. In addition, permission is also granted to display and download the free trial version(s) for personal, non-commercial use and to share such free trial version(s) with others for free. These permissions terminate automatically if you breach any of these TOU. Upon termination, you will immediately destroy any downloaded and printed Materials (except any videogames you have already purchased). Any unauthorized use of any Materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not use the Materials for conducting unwanted solicitations or communications via e-mail, electronic link, or otherwise, or for disseminating any information that is unlawful, pornographic, libelous or otherwise objectionable as determined in Cafe.com's sole discretion.Use of the Materials for any purpose not expressly permitted in these TOU is prohibited. As noted herein, reproducing, copying, or redistributing the Materials on this Site for commercial purposes is strictly prohibited without the express written permission of Cafe.com. For information on requesting such permission, please send a written request to Cafe.com. Decisions to grant or deny permission are within the sole discretion of Cafe.com.
10. Leaderboard
When on our Site, you may participate in online games that keep track of individual scored and, in some cases, these scores may be posted on leaderboards. When a score is posted on a leaderboard, we may also post the name or online attribution (e.g., nickname) you submit to us next to your score. You hereby grant Cafe.com, its parents, affiliates, and subsidiaries an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide right and license to use, copy, print, display, and distribute or otherwise use and reproduce your name or online attribution in connection with such game and the Site and in connection with the advertising, marking and promotion of the foregoing without compensation, notification or other consideration. You also agree to indemnify and hold Cafe.com SA, its parents, affiliates, and subsidiaries harmless from any claim or demand, including reasonable attorneys' fees, made by any party arising out any such name, online attribution, information or materials you submit to us.
11. Feedback
Comments, suggestions, ideas or materials (including without limitation original or creative materials) published on the Site or sent, submitted or transmitted to Cafe.com (collectively, ""Feedback"") shall be deemed to be non-confidential and shall become the sole property of Cafe.com. Subject to the conditions described in the Privacy Policy http://www.cafe.com/BottomLinks/PrivacyPolicy.aspx of this Site, Cafe.com shall have no obligation of any kind with respect to such Feedback and you agree that Cafe.com shall have the right, without limitation, to use, copy, edit, modify, display, transmit, publish, create derivative works from, license others to use and/or distribute the Feedback to others in any manner and form for any purpose, commercial or otherwise, via any medium now known or hereafter developed, and whether alone or part of a collective work, in perpetuity, without notice, compensation or acknowledgment to you, including, but not limited to developing and marketing products incorporating such Feedback.You represent and warrant that you are the owner or otherwise have the right to provide Feedback and any other information or materials (including pre-existing materials) that you post, submit or transmit for use in public or private areas on the Site. You hereby grant Cafe.com, its parents, affiliates, and subsidiaries an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide license to use, copy, print, display, modify, edit and create derivative works from and distribute or otherwise use and reproduce any information or materials, including, but not limited to, comments or content, that you post, submit or transmit in areas on our Site and the right to your name or ID in connection with such information and materials and in connection with the advertising, marking and promotion of the foregoing without compensation, notification or other consideration. You also agree to indemnify and hold Cafe.com, its parents, affiliates and subsidiaries harmless from any claim or demand, including reasonable attorneys' fees and expenses, made by any party arising out of information or materials that you submit on our Site.
12. System Requirements
Cafe.com's Services require hardware, software and Internet access. By using the Site, the Services and the Materials, you acknowledge that these requirements are necessary for a good user experience. You agree that Cafe.com is not responsible for any hardware, software or Internet access or unavailability issues and you agree to hold Cafe.com harmless for any such issues.
13. Disclaimers
UNLESS OTHERWISE EXPLICITLY STATED, THIS SITE, THE SOFTWARE AND THE MATERIALS ARE FURNISHED ""AS IS,"" ""AS AVAILABLE,"" AND WITH ALL FAULTS AND Cafe.com ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. TO THE FULLEST EXTENT PERMITTED BY LAW, Cafe.CON, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES AND THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE, SOFTWARE, SERVICES, INFORMATION AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS. Cafe.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, ADEQUACY, COMPLETENESS, RELIABILITY OR OTHERWISE RESPECTING THE SOFTWARE, SERVICES, INFORMATION AND/OR MATERIALS ON THIS SITE OR ANY WEBSITES LINKED TO THIS SITE.
14. Limitation of Liability
IN NO EVENT WILL Cafe.com, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES AND THIRD PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, WHETHER ARISING FROM TORT (INCLUDING NEGLIGENCE) OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, COST OF COVER, OR ANY OTHER DAMAGES ARISING OUT OF THE SITE, SOFTWARE, SERVICES, INFORMATION AND MATERIALS PROVIDED, OR THE USE OR INABILITY TO USE THE SITE OR ANY OF THE SERVICES, SOFTWARE, INFORMATION AND MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF Cafe.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Cafe.com'S TOTAL LIABILITY WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE OR ONE HUNDRED DOLLARS, WHICHEVER IS LESS. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. Indemnification
You hereby agree to indemnify, hold harmless, and at Cafe.com's option defend Cafe.com, its parents, affiliates, subsidiaries and their respective officers, directors, employees, agents, licensors, representatives and third party providers of the Services from and against any and all costs, damages, expenses, liabilities or obligations (including attorneys' fees and expenses) incurred as a result of claims asserted against it by any third party that directly or indirectly arise out of or otherwise relate to your access to and use of the Site, Services, Software, information and Materials, including without limitation, your failure to comply with these TOU, the Privacy Policy, the EULA or any other agreement.
16. Export Controls
The Materials may be subject to U.S. government export restrictions. You understand that none of the Materials, Software or any underlying technology or direct product thereof may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan, (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders, U.S. Treasury Department's list of Specially Designated Nationals or any other U.S. government denied or embargoed party list, or (iii) otherwise in violation of any restrictions, laws or regulations of any United States or foreign agency or authority.
17. Digital Millennium Copyright Act
If you are a copyright owner or a copyright owner's agent and believe in good faith that Materials we host infringe on your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing Material, which shall include the following information:• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;• identification of the copyrighted work claimed to have been infringed;• a description of where the material that you claim is infringing is located on this Site or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;• your address, telephone number, and e-mail address;• 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; and• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act of 1998 (""DMCA"") permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices must be sent to:
Cafe.com, SA
43 rue d'Aboukir
75002 Paris
France
You acknowledge that if you fail to comply with all of the requirements of this Section 17, your DMCA notice may not be valid.
18. Servers and Site Maintenance
Cafe.com will regularly make maintenance on its servers and/or the Site. Cafe.com will endeavor to limit any disruption to your experience. However, you agree that Cafe.com is not liable for any loss of usage or data experienced as a result of maintenance or other down time and you agree to hold Cafe.com harmless for any such loss.
19. Links to Third Party Sites
Cafe.com may provide links to third party websites on its Site that are not owned or controlled by Cafe.com. Cafe.com has no control over and assumes no responsibility for the content, privacy policies, or practices of any such websites. Cafe.com is providing these links to you only as a convenience, and the inclusion of any link does not imply an endorsement by Cafe.com of the website. If you decide to leave our Site and access these third party websites, you do so at your own risk and you acknowledge and agree that Cafe.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 information, materials, goods or Services available on or through any such hyperlinked website or resource.
20. Copyright and Trademark Information
The Materials and the Site are Copyright © 2006-2007 Cafe.com, SA. All rights reserved. Cafe.com and other Cafe.com logos and names are trademarks or registered trademarks of Cafe.com (the ""Cafe.com Marks""). You agree not to display or use the Cafe.com Marks in any manner without Cafe.com's prior permission. All other trademarks belong to their respective owners.
21. General Information
These TOU and the relationship between you and Cafe.com shall be governed by and construed in accordance with the laws of the state of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York. The failure of Cafe.com to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU 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 these TOU shall remain in full force and effect. A printed version of this TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the TOU are for convenience only and have no legal or contractual effect. If any term or other provision of these TOU is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions will nevertheless remain in full force and effect. Cafe.com is not responsible for delay or failure to perform due to causes beyond its reasonable control.
22. Contact Information
Please direct any inquiries and/or comments to support@cafegames.zendesk.com or:
Cafe.com, SA. TOU inquiries
43 rue d'Aboukir
75002 Paris
France
Please report any violations of the TOU to support@cafegames.zendesk.com or:
Cafe.com, SA. TOU violation
43 rue d'Aboukir
75002 Paris
France
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Amended as of January 1st, 2008 V1.0
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