TERMS OF USE

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE.

The operator of this website, Cafeish. (“Cafeish,” “we,” “our” or “us”) offers access to the website www.cafeish.co (the “Site”) conditioned on your acceptance without modification of the terms, conditions and notices contained herein (collectively, “Terms”).

For information on how Cafeish collects, uses and shares any personal information, please see the Privacy Policy displayed on the Site.

BY USING THE SITE, YOU ARE INDICATING YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE.  If you do not agree to these Terms of Use, you may not access or otherwise use the Site.

MODIFICATIONS TO THESE TERMS AND CONDITIONS

We may update this Agreement from time to time without notice. Any changes in our terms of use will be incorporated into a revised Agreement that we will post on the Site. All visitors have the obligation to review changes to this Agreement, including any changes to our Privacy Policy. Unless otherwise specified, such changes shall be effective when they are posted. Your access or use of our Site constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access our Site. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN DO NOT USE OUR SITE.

PROPRIETARY RIGHTS

As between you and us, we own, solely and exclusively, all right, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc.), code, data and materials used in connection with the Site (collectively, “Content”), the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademarks, patents, databases, moral rights and other intellectual property and proprietary rights therein.  Your use of the Site does not grant you ownership of any content, code, data or materials you may access on or through the Site.

USER SUBMISSIONS

Any comment, material, information or other communication that you post, upload or submit to the Site or that is displayed on the Site at your direction (each a “Communication”) will be considered non-confidential and non-proprietary, and we will be under no obligation to maintain the confidentiality of any Communication.

You are responsible for your Communications. You shall ensure that your Communications do not infringe any copyright or trademark, do not defame or constitute trade libel with respect to any person, entity, product or service, or violate any other rights of any other of another person or entity. You shall be solely liable for any claims, damages or other liabilities resulting from your use of the Site or your uploading, posting, or submission of any Communication or the content of any of your Communications.

Any opinions, advice, statements or other information contained in Communications are those of the author and not of us. We do not endorse or guarantee the accuracy, completeness or usefulness of any Communication. Please do your best to ensure that your own Communications are accurate.

By posting, uploading or otherwise submitting any Communication, you grant to us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, archive, aggregate, distribute, transmit, perform and display such Communication and your name, likeness, voice, statements and endorsements as incorporated therein, in whole or in part, in any manner and in any media, format or technology, whether now or later known or developed, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unlimited right to sublicense such rights, in perpetuity throughout the universe, without any further notice or payment to or permission from you.

We may, but are not obligated to, monitor or review Communications. We are not in any manner responsible for the content of Communications. By providing you with the ability to view and distribute user-generated and/or user-submitted content on the Site, we are not undertaking any obligation or liability relating to any such content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. However, we reserve the right to block or remove any Communication, including without limitation any Communication that in our sole discretion we determine violates the Code of Conduct.

MEMBERSHIP AND PARTICIPATION ON THE SITE

You must be thirteen (13) years of age or older to participate in any activities or services offered on our Site and/or be a member and receive membership benefits. You may not have to be a member to participate in certain contests, sweepstakes and/or special events; however, you must meet the designated minimum age requirements (for example, twenty-one (21) years of age or older) for the specific event.

We will establish specific rules and terms for participation in each contest, sweepstakes and/or special event and will post this information on our Site. We will not knowingly collect personal information from visitors under thirteen (13) years of age for these activities. Upon discovery of the participation of a person under thirteen (13) years of age in such activities, his/her registration or participation will be canceled immediately and all personal information will be deleted from our files.

Registration with the Site is required in order to access certain services, including, without limitation, saving of favorite restaurants and fashion looks, user ratings, listing reviews and blog and article comment posting. Your registration information will be handled by us in accordance with our Privacy Policy, which you should review prior to registering with us.

You may be required to select a password and member name for membership registration. You are responsible for maintaining the confidentiality of your password and any membership account information. You agree to immediately notify us of any unauthorized use of your password or other membership account information and further agree to indemnify and hold the Site, their parents, affiliates, subsidiaries, operational providers and partners harmless for any improper or illegal use of your password.

We encourage you to keep us informed about any changes in your membership, personal contact and email information. You may change or update certain information in your membership file by using the controls on your profile page. You may delete your profile entirely by contacting us. If your email address is canceled, becomes inactive or inaccessible for an extended period of time, we may cancel your membership and delete all or part of your membership profile, to the extent allowed by law and in accordance with our security measures. We also reserve the right to cancel your membership or prohibit your participation in any or all of the Site’s activities if you violate any provision of this Agreement or our Privacy Policy.

 PROHIBITED USE

Any commercial or promotional use, distribution, reproduction or other exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received express prior written permission from us.  Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site.  You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any copyright management information, trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.  You acknowledge that you do not acquire any ownership rights in any content, code, data or other materials available on or through the Site by downloading or otherwise accessing any material from or through the Site.  If you make any unauthorized use of the Site, or the Content thereon or available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

THIRD PARTY LINKS

Our Site contains links and pointers to other websites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by the Site, their parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that the Site’s sponsor, are affiliated with, are associated with or otherwise recommend, certify or endorse the third party link or site. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. The Site reserves the right, in their sole discretion, to terminate links with any third parties or other websites that they deem inappropriate or inconsistent with the Site. The Site, their parents, affiliates and subsidiaries make no representations about the content, functionality or practices of such third party sites and resources and disclaim any and all warranties, express or implied, with respect thereto.

PUBLIC FORUMS AND USER GENERATED CONTENT

We may, from time to time, make bulletin boards, message boards, comment areas on Site content, other forums and other such services available on or through the Site.  In addition to any other rules or regulations that we may post in connection with a particular service or feature of the Site, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums.  You alone are responsible for the content and consequences of any of your activities.

 DMCA COPYRIGHT INFRINGEMENT CLAIM AND COUNTER-CLAIM POLICY

If you believe in good faith that Materials we host infringe on your copyright, you (or your agent) may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), 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 our Site;

• your address, telephone number, and email 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 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 of claimed copyright infringement should be directed to: [email protected]

AFFILIATE PARTNERSHIPS 

We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. For example, the Site is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. This means that we may earn a commission when you click on or make purchases via affiliate links, though regardless of our affiliate relationships, all Products mentioned on the Site are independently chosen by the Site’s editors.

DISCLAIMER OF WARRANTIES

THE INFORMATION ON THE SITE IS PROVIDED “AS IS.” THE SITE DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THE SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, THE SITE CANNOT AND DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER THE SITE, NOR ANY OF THEIR PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF: (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO YOU; (III) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITE OR MATERIALS ON THE SITE; (IV) YOUR INTERACTION OR SUBMISSIONS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) FROM YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE SITE OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL THE SITE, THEIR PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF THE SITE, THEIR AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS AND PROMOTIONAL PARTNERS. THE SITE, THEIR PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES OR PRIVACY PRACTICES OF THE OTHER SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE SITE.

 INDEMNIFICATION

You agree to defend, indemnify and hold us and our directors, officers, members, advisors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses (including attorneys’ fees) arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

SECURITY MEASURES

Please review our Privacy Policy for information on our website security measures and the protection of your personal information.