LAST UPDATED: December 28, 2015
We may change the terms of this Agreement from time to time by posting notice on Our website at http://www.coffeeripples.com/terms-of-use (the “Site”), with a five (5) day advance notice. Your continued use of the Service shall constitute your consent to any changes made. If you do not agree to the new terms, you should not use the Service.
2. The Service
2.1. The Service is a tool intended to allow you, the owner or rightful user of content, to turn your images, designs or phrases (“Your Content”) into images printable on foam-based drinks in select locations. As a tool, We do not own, endorse or license any of Your Content submitted on the Service and all rights remain with you.
2.2. While We will undertake commercially reasonable efforts to provide the Service, We cannot and do not represent, warrant or guarantee that We will be able to provide the Service or that the Service will be functioning or available, partially or in full, at all times or at any particular time; nor do We represent, warrant or guarantee in any respect the completeness, accuracy or efficacy of Service, whether prepared or provided by you or by Us, at all times or at any particular time; nor do We represent, warrant or guarantee that any service or feature currently included in the Service will remain as part of the Service going forward.
2.3. Access and use of the Service is permitted only as long as you are in compliance with this Agreement and Our rules and policies as published in this Site.
2.4. We may for any or no reason, in Our sole discretion and without notice or liability to you or any third party, refuse Service or terminate the Service at any time, and block any and all current or future access to and use of the Service (or any portion thereof), without derogating from any other right or remedy that We may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, Our determination that you violated the letter or spirit of this Agreement or an infringement of the rights of others or any applicable laws or regulations.
2.5. You acknowledge that We may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service including imposing a fee for the use of certain services, upon prior notification to you. In addition, We may, from time to time, perform maintenance upon the Service resulting in interrupted service, delays or errors in the Service.
2.6. Although we have no obligation to review or monitor any submissions of Your Content, we reserve the right, at our sole discretion, to monitor, and partially or fully reject any of Your Content without prior notice at any time for any reason.
2.7. Although we try to make the Service always available to you, We cannot make any guarantee and will not be held liable for any service disruptions, whether temporary or not.
Access to certain parts of the Service is available only to registered users (the “Account”). As part of the registration process you will be requested to provide certain personal information, including among others, name, address, email address, credit card and telephone number (collectively, the “Personal Data”). You agree to:
- Provide true, accurate, current and complete Personal Data as prompted by the App`s processes.
- Maintain and promptly update the Personal Data to keep it accurate, current and complete.
- Maintain the security and confidentiality of any usernames and passwords, and any other security or access information used by you to access the Account.
- Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s Personal Data.
- Immediately notify Us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Personal Data in connection with the Service or any other breach of security that you become aware of involving or relating to the Service.
We assume that any communications and other activities through use of your Personal Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Personal Data. We will not be liable for your losses caused by any unauthorized use of your Personal Data.
You declare that by providing your Personal Data to Us, you consent to us sending and you receiving, by means of telephone, SMS or e-mail, communications containing content of a commercial nature relating to the Service and related services. We do not have to obtain your prior consent before sending such communications to you, but We shall cease to send such communications if you notify Us in writing that you do not wish to receive such commercial content. Upon registration you will be automatically enrolled to receive our newsletter from which you may unsubscribe by using the link provided in the newsletter.
4. Your Content.
4.1. As a condition to submit any of Your Content to the Service you warrant and represent that (i) you are at least thirteen (13) years of age, (ii) you own all right, title and interest and have the right to grant all the rights and licenses granted by you herein to all of Your Content, (iii) all of your submissions to the Service are and will be true, complete and accurate and in compliance with all of the terms of this Agreement and any applicable laws and regulations, and (iv) if the Account is for an entity or organization, you are its authorized representative and have the legal right and authority to provide the submission pursuant to the terms of this Agreement; and (v) you have all necessary right, power and authority to enter into and perform under this Agreement.
4.2. You are entirely responsible for all consequences of submission of Your Content on the Service. We do not offer to maintain, store or backup your files, of any kind.
4.3. In any such case that pursuant to Section 12, a Copyright Protection complaint shall be filed against Your Content, you agree to fully cooperate in our investigation and reply to any inquiry by Us within 10 days.
5. General Conduct.
In connection with the Service, you agree (i) to abide by all applicable local, state, federal, national and international laws and regulations, (ii) only make use of information that you own or have a right to use, and (iii) only act appropriately. Without limiting the above, you may not:
- Allow or facilitate a third party, to violate or infringe any rights of Ours or others or Our policies or the operational or security mechanisms of the Service.
- Use the Service, any of Your Content in any way that restricts or inhibits the use of the Service.
- Alter, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Service (including without limitation trademarks, service marks and logos contained in the Service (“Marks”) but excluding Your Content provided entirely by you).
- Access or attempt to access any of Our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service or any of the Service’s security and traffic management devices.
- Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Service, submit Content, or monitor or scrap information from the Service.
- Create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not.
7. Proprietary Rights.
We own and reserve all right, title and interest in and to the Site, Service, App and all and other items used to provide the Service, including without limitation the Marks, trademarks, service marks, patents or other proprietary rights, both with respect to any content and as a collective work or compilation, pursuant to laws and international conventions. Other than the rights explicitly granted to you to use the Service in accordance with this Terms, no title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms.
We make no claim of ownership as to Your Content, trademarks of any third party linked or displayed on the Service, or with respect to any publisher or publication mentioned on the Service.
8. Copyright Protection – Digital Millennium Copyright Act
8.1. We respect the rights of copyright owners and expect our users to do the same. If you are a copyright work owner or an agent thereof, and you believe any content submitted to the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing Our Designated Copyright Agent with the following information in writing (“Notice”):
i. sufficient details to enable identification of the copyrighted work that has been allegedly infringed, if multiple copyrighted works are claimed to be infringed, a representative list of such works;
ii. a description of where the content that you claim is infringing is located on our Services;
iii. your contact information at which you may be contacted (for example, your address, telephone number, and email address);
iv. a statement that you have a good faith belief that the use of the content identified in the Notice is not authorized by the copyright owner, its agent, or the law; and
v. a statement, under penalty of perjury, that the information in the Notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
vi. the physical or electronic signature of the owner of the allegedly infringed copyrighted work or any person authorized to act on behalf of such owner;
8.2. Following receipt of your Notice, We will take whatever action, in Our sole discretion, as We deem appropriate, including disabling of the challenged content from the Service. We may ask you to provide further or supplemental information, prior to disabling any content, as We deem necessary to comply with the provisions of the DMCA.
8.3. It is Our policy to respond only to Notices of alleged infringement that comply with the provisions of this section.
8.4. Our Designated Copyright Agent for notices of claims of copyright infringement may be reached as follows:
Copyright Agent, Steam CC Ltd., 14 Hamefalsim St., 3rd Floor, Petach-Tikva, Israel 49514; with a mandatory electronic mail copy to: email@example.com
9. Disclaimers of all Warranties.
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, We 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. Submission of Your Content by you or others does not imply endorsement by us of the content.
Without limiting the foregoing, We make no warranty whatsoever with respect to (i) the Service meeting your requirements, or being uninterrupted, continuous, timely, secure, or error- or virus- free; (ii) whether your use of the Service will generate any results or consequences, nor in terms of the correctness, completeness, availability, accuracy, reliability or otherwise of such results or consequences, or in connection with submissions or prevention of unauthorized access, sharing or download of content; or (iii) that your use of the Service is lawful in any particular jurisdiction.
You assume all risk of harm or injury resulting from any lack of compliance with this Agreement by other users of the Service (including without limitation to any of Your Content).
Your use of the Service are at your own discretion and risk, and you will be solely responsible for any resulting consequences;
10. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THE SERVICE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THE SERVICE), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) REPRESENTATIONS, WARRANTIES, ACTIONS OR INACTIONS OF ANY USER OR OTHER THIRD PARTY (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICE, AND INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE LEVEL OF SERVICE PROVIDED OR NON PAYMENT BY AN END USER), OR (IV) ANY CLAIMS RELATING YOUR CONTENT; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, PRODUCT DEFECT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and you. However, We will be liable to you for direct damages to you that arise out of any willful act on Our part in an amount of up to USD $1.
11. Limitation of Claims.
Any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within six (6) months after such claim or cause of action arose or be forever barred.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SERVICE, INCLUDING WITHOUT LIMITATION OUR ACTIONS OR OMISSIONS WHILE PROVIDING THE SERVICES (EXCEPT FOR OUR BREACH OF THE AGREEMENT AS A RESULT OF WILLFUL MISCONDUCT OR FRAUD ON OUR PART); (II) YOUR CONTENT; (III) ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU, OR OF ANY ARRANGEMENT BETWEEN YOU AND OTHER USER ; (IV) THE ACT OR OMISSION OF A USER, WHETHER OR NOT ILLEGAL, NEGLIGENT, RECKLESS, OFFENSIVE, UNAUTHORIZED OR UNPROFESSIONAL; AND (V) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION FILES, VIRUSES, WORMS OR TROJAN HORSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK; (VI) ANY ACTIVITY RELATED TO YOUR ACCOUNT, BE IT BY YOU OR BY ANY OTHER PERSON ACCESSING YOUR ACCOUNT WITH OR WITHOUT YOUR CONSENT UNLESS SUCH ACTIVITY WAS CAUSED BY A WILLFUL ACT OR DEFAULT OF US.
We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
13. Governing Law and Exclusive Courts.
This Agreement will be governed by laws of the State of Delaware without regard to its choice of law or conflicts of law principles. The parties consent to the exclusive jurisdiction and venue in the courts in Delaware, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
This Agreement and our rules and policies as published in the Service comprise the entire agreement between you and Us, state our entire liability and your exclusive remedy with respect to the Service, and supersede all prior agreements pertaining to this Agreement’s and such rules’ and policies’ subject matter. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against Us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement. No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Us without restriction.
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