YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER
OR USE THE MARRIED CAFE WEBSITE. BY ACCESSING THE WEBSITE YOU ARE WARRANTING
THAT YOU ARE AT LEAST 18 YEARS OF AGE.
Welcome to the Terms and Conditions for Married Cafe (hereinafter referred
to as “MarriedCafe” or “Site”). You must read
and agree to these Terms and Conditions before entering, accessing, viewing,
and/or becoming a member of the Site. By accessing the Site, you are agreeing
to its terms. If you do not agree or do not wish to be bound by the terms
and conditions of this Agreement, do not use or access our services or
our website.
1. Binding Nature.
You must read, agree with, and accept all of the terms and conditions
contained in this Agreement and our Privacy Policy, which include those
terms and conditions expressly set out below and those incorporated by
reference, before you use our website or become a member of MarriedCafe.
We strongly recommend that, as you read this Agreement, you also access
and read the information referred to in this document, as it may contain
further terms and conditions that apply to you as an MarriedCafe user
and/or member.
2. Change Control.
MarriedCafe reserves the right to change any of the terms and conditions
contained in this Agreement or any policies or guidelines governing the
Site or Services, at any time and in its sole and independent discretion.
Any changes will be effective upon the posting of the revisions on the
Site. You are responsible for reviewing the notice and any applicable
changes. Changes to referenced policies and guidelines may be posted without
notice to you. Your continued use of the Site following MarriedCafe posting
changes will constitute your acceptance of such changes or modifications.
If you do not agree to any changes to this Agreement, do not continue
to use the MarriedCafe Site.
3. Eligibility.
Our services are only available to, and may only be used by, individuals
who can form legally binding contracts under applicable law. Without limiting
the foregoing, you must be at least eighteen (18) years of age to enter
the MARRIEDCAFE website. By using/viewing the site, you represent and
warrant that you have the right, authority, and capacity to enter into
this agreement and to abide by all of the terms and conditions of this
agreement and that you are at least eighteen (18) years of age (twenty-one
(21) years of age in AL, MS, NE, WY, and any other location where eighteen
(18) is not the majority age). The materials on this site may include
graphic visual depictions of nudity and sexual activity and should not
be accessed by anyone who is younger than eighteen (18) years of age (twenty-one
(21) years of age in AL, MS, NE, WY, and any other location where eighteen
(18) is not the majority age) or who is offended by, or does not wish
to be exposed to, such materials.
By using the MarriedCafe Site you also represent and warrant that you
are familiar with the standards in your community regarding the acceptance
of sexually oriented materials, and the materials you expect to encounter
are within those standards. You represent and warrant that the average
adult in your community accepts the use of sexually oriented materials
by willing adults in circumstances such as this Site which offers reasonable
insulation from the materials for minors and unwilling adults. You further
represent and warrant that you will not find such materials to appeal
to a prurient interest or to be patently offensive.
You agree and warrant not to use and/or view the Site in a restricted
location, including, but not limited to, a place, country, or location
in which doing so could be deemed a violation of any law, regulation,
rule, ordinance, edict or custom.
Competitors are not authorized to access or use our website without express,
written permission from us in advance of such access. If you do not qualify,
please do not use the MarriedCafe site.
Your MarriedCafe account User ID and password may not be transferred,
loaned, given or sold to another party.
4. Proprietary Rights of Content on MarriedCafe.
MarriedCafe owns and retains proprietary rights in the MarriedCafe site
and service. The site contains the copyrighted material, trademarks, and
other proprietary information of MarriedCafe and its licensors. You may
not copy, modify, publish, transmit, distribute, perform, display, or
sell any such proprietary information.
5. Content on the MarriedCafe Site.
By using the MarriedCafe Site, you agree that MarriedCafe may delete any
content, messages, photos or profiles that in the sole discretion of MarriedCafe
may violate this Agreement or which may be offensive, illegal, or violate
the rights, harm or threaten the safety of MarriedCafe, its employees
and agents, and/or MarriedCafe’s members or users. You are solely
responsible for the content you publish, display, and/or post on the Site
or transmit to other MarriedCafe members and/or users.
When you post content, messages, photos, or profiles to any public area
of the Site, you represent and warrant that you have the right to grant,
and automatically grant, an irrevocable, perpetual, non-exclusive, fully-paid,
worldwide license to use, copy, perform, display, and distribute such
content, rights of publicity, and content to MarriedCafe. You also automatically
grant, and represent and warrant that you have the right to grant, to
MarriedCafe the right to prepare derivative works of, or incorporate into
other works and other media, such information and content, and to grant
and authorize sublicenses of the foregoing.
Opinions, advice, statements, offers or other information or content made
available through the Site are those of their respective Member-author
and not of MarriedCafe and should not necessarily be relied upon. Such
members/users are solely responsible for such content.
MarriedCafe does not guarantee the accuracy, completeness, reliability
or usefulness of any information on the Site and neither adopts nor endorses
nor is responsible for the accuracy, reliability, or truthfulness of any
opinion, communication, advice or statement made. Under no circumstances
will MarriedCafe be responsible for any loss or damage resulting from
anyone’s reliance on information or other content posted on the
Site or transmitted to members or users.
6. Prohibited Content on MarriedCafe.
Content that is illegal or prohibited on the MarriedCafe site includes,
but is not limited to: content that is patently offensive to the online
community, such as content that promotes bigotry, racism, hatred or physical
harm of any kind against any group or individual; harasses or advocates
harassment of another person or invades another person’s or persons’
privacy; involves the transmission of chain letters, junk e-mail, or unsolicited
commercial e-mail; promotes information you know is false, misleading
or promotes illegal activities or conduct that is obscene, threatening,
abusive, libelous or defamatory; promotes an illegal or unauthorized copy
of another person’s copyrighted work; provides material that exploits
persons under the age of eighteen (18) in a sexual or violent manner or
solicits personal information from anyone under the age of eighteen (18);
provides content that involves incest, swearing, violence, necrophilia,
falsifying gender, bestiality, impersonation of a third party or another
member, threat of suicide or harm to oneself or others, or drug paraphernalia;
provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone’s privacy, or providing
or creating computer viruses; solicits passwords or personal identifying
information for commercial or unlawful purposes from other users; sending
advertisements in chat messages; and/or engages in commercial activities
and/or sales without our prior written consent such as, but not limited
to, contests, sweepstakes, and pyramid schemes.
In its sole discretion, MarriedCafe will investigate and take appropriate
action against anyone who violates this provision, including, but not
limited to, limiting your activity, issuing a warning, removing the offending
communication and/or content from the site or service, temporarily suspending
you, indefinitely suspending you or terminating your membership and refusing
to provide our services to you, and/or appropriate legal action. YOU MUST
USE THE MARRIEDCAFE SITE IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE
LAWS AND REGULATIONS.
7. Prohibited Activities on the MarriedCafe Site.
You represent and warrant that you will not use any robot, spider, scraper
or other automatic device, or manual process to monitor, copy, reproduce,
modify, create derivative works from, distribute or publicly display our
web pages or the content contained herein without our prior expressed
written permission and that of the appropriate third party, if applicable.
You represent and warrant that you will not use any software, device,
or routine to bypass, interfere, or attempt to interfere with the proper
functioning of the MarriedCafe site or take any action that may impose
or imposes an unreasonable or disproportionately large load on our infrastructure
and/or servers, or bypass any measures we may use to prevent or restrict
access to the site.
Your activities on the Site shall not: (i) be false, inaccurate or misleading;
(ii) infringe any third party’s copyright, patent, trademark, trade
secret, or other proprietary rights or rights of publicity or privacy;
(iii) violate any law, statute, ordinance, or regulation; (iv) be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing; (v) be
obscene or contain child pornography; (vi) contain any viruses, Trojan
horses, or the like or other computer programming routines that may damage
or interfere with the Site; and (vii) create liability for MarriedCafe,
its directors, officers, employees, agents, and/or representatives or
cause MarriedCafe, its directors, officers, employees, agents, and/or
representatives to lose (in whole or in part) the services of our ISPs
or other suppliers. Furthermore, you may not consummate any transaction
that was initiated using our Site that could cause us to violate any applicable
law, statute, ordinance or regulation.
The Site may not be used in connection with any commercial endeavors including,
but not limited to, sending unsolicited commercial e-mail, sending advertisements
to other websites, businesses, and/or services in the Site’s chat
rooms, or using member personal identifying information for commercial
purposes. All illegal and/or unauthorized uses of the site will be investigated
and appropriate legal action will be taken.
8. Copyright Policy.
You may not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights. Without limiting
the foregoing, if you believe that a copy of your work is available on
the Site without your consent or that a copyright infringement has otherwise
occurred, please supply us with the following information:
(i) a physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive copyright that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works, a representative list of such works;
(iii) identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably sufficient
to permit us to locate the material;
(iv) information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
MarriedCafe’s agent for notice of claims of copyright infringement
is: ________________________________.
9. Subscription Fees.
MarriedCafe’s subscription fees are $24.95 for a 30-Day membership
via credit card or online check payment. These fees are provided to you
upon registration, but may change from time to time upon electronic notice
to you. The membership fee is charged on a recurring basis and you shall
not be required to manually renew membership each month. By becoming a
member, you agree that $24.95 will be automatically withdrawn from your
checking account or charged to your credit card every thirty (30) days
until you cancel your membership. Your monthly membership fee will be
processed by the Paycom Services, MarriedCafe’s authorized sales
agent. Credit card statements are discreetly charged as “Inv3rt3dTr.”
Your membership fee is non-refundable once you use your username and password
to access the Site. In rare circumstances, MarriedCafe may issue a refund.
Such refunds will only be made by crediting the credit card or checking
account that was used to make the original purchase. No refunds will be
made by cash or check.
You understand and agree that you are charged monthly for the MarriedCafe
service. You understand and agree that should you choose to cancel your
membership prior to the beginning of the month, you will be billed for
a month’s membership. You also understand and agree that you will
not be able to access the site for the remainder of the month after providing
MarriedCafe notice of your intent to cancel your membership. You may terminate
your membership at any time by contacting customer service at customercare@marriedcafe.com.
10. Indemnity.
You agree to indemnify, defend, and hold us, our officers, directors,
employees, agents and representatives harmless from and against any and
all claims, damages, losses, liabilities, costs (including reasonable
attorneys’ fees) or other expenses that arise directly or indirectly
out of or from: (i) your breach of this Agreement; (ii) any allegation
that any materials that you submit to us or transmit to the site infringe
or otherwise violate the copyright, trademark, trade secret or other intellectual
property or other rights of any third party; and/or (iii) your activities
in connection with the site. This indemnity shall be applicable without
regard to the negligence of any party, including any indemnified person.
11. Privacy.
We only use your information as described in our Privacy Policy. Our current
Privacy Policy is available at http://http://www.marriedcafe.com/antispam.html.
MarriedCafe may change the Privacy Policy in the future. You should check
the Privacy Policy frequently for changes. You agree not to use any information
regarding other participants which is accessible on the Site or disclosed
to you by MarriedCafe. You agree not to use any such information for purposes
of solicitation, advertisement, initiation of unsolicited e-mail or spam,
harassment, invasion of privacy, or otherwise objectionable conduct.
12. No Warranty.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND REPRESENTATIVES
PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS,
AGENTS, EMPLOYEES, CONTRACTORS AND REPRESENTATIVES SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights and you may also have other
legal rights that vary from state to state.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR
THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THAT THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE WILL BE
AS REPRESENTED, LAWFUL, OR THAT USERS OR MEMBERS WILL PERFORM AS PROMISED;
ANY IMPLIED WARRANTY ARISING FROM COURSE OR DEALING OR USAGE OF TRADE;
AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER
OR NOT ARISING FROM THE NEGLIGENCE OF MARRIEDCAFE TO THE FULL EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, MARRIEDCAFE DISCLAIMS ANY AND ALL SUCH WARRANTIES.
13. General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE MARRIEDCAFE,
OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE
PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS
AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH
WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY MARRIEDCAFE.
14. Limitation of Liability.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND
REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE.
OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED
TO THE LESSOR OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR
B) $100.
15. Termination/Cancellation.
MarriedCafe reserves the right to terminate your access to the site for
any reason. In addition, without limiting other remedies, MarriedCafe
may limit your activity, issue a warning, temporarily suspend, indefinitely
suspend or terminate your membership and refuse to provide our services
to you if, within our sole and independent judgment: (a) you breach, or
we anticipate that you are about to breach, this Agreement or the documents
it incorporates by reference; (b) we are unable to verify or authenticate
any information you provide to us; or (c) we believe that your actions
may cause financial loss or legal liability for you, our users, or us.
MarriedCafe may terminate your membership upon sending notice to you at
the email address you provide in your application for membership or other
such email address as you may later provide to us. If MarriedCafe terminates
your membership for breach of this Agreement, you will not be entitled
to any refund of any unused subscription fees.
16. Disputes.
MarriedCafe does not control the information provided by other users.
You may find other user’s information to be offensive, harmful,
inaccurate, deceptive, or misleading. Please use caution when using the
MarriedCafe Site. You are solely responsible for your interactions with
other MarriedCafe members and/or users. If there is any dispute about
or involving the Site, by using the Site you agree that any controversy
or claim arising out of or relating to this Agreement and/or your use
of the website, except for matters exclusively between MarriedCafe members,
shall be settled by binding arbitration in accordance with the arbitration
rules of the American Arbitration Association. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The
arbitration shall be conducted in Richmond, Virginia, and judgment on
the arbitration award may be entered in any court having jurisdiction
thereof. Either you or MarriedCafe may seek any interim or preliminary
relief exclusively from a court of competent jurisdiction in Richmond,
Virginia necessary to protect the rights or property of you or MarriedCafe
pending the completion of arbitration.
17. Disclaimers.
MarriedCafe and its officers, directors, agents, employees and subsidiaries
are not responsible for any incorrect or inaccurate content posted on
the Site, whether caused by users, members or by any of the equipment
or programming associated with or utilized in the service, nor for the
conduct of MarriedCafe, its officers, directors, agents, employees and
subsidiaries, or any user and/or member of the MarriedCafe site, whether
online or offline.
MarriedCafe is not responsible or any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, user
and/or member communications. MarriedCafe is not responsible for any problems
or technical malfunction of any telephone network or lines, computer on-line-systems,
servers or providers, computer equipment, software, failure of email or
players on account of technical problems or traffic congestion on the
Internet or at any website or combination thereof, including injury or
damage to users and/or members or to any other person’s computer
related to or resulting from participating or downloading materials in
connection with the MarriedCafe site. Under no circumstances is MarriedCafe
responsible for any loss or damage resulting from anyone’s use of
the Site and/or any content posted on the Site or transmitted to MarriedCafe
members. MarriedCafe cannot guarantee and does not promise any specific
results from use of the Site and does not guarantee or promise that e-mail
communications received by users and/or members will be from real members
and/or users of the site.
18. Licenses.
MarriedCafe grants a limited license to each member or user to make personal
use only of the Site and the Services in accordance with this Agreement.
This license expressly excludes, without limitation, any reproduction,
duplication, sale, resale or other commercial use of the Site and the
Services, making any derivative of the Site or the Services, the collection
and use of participant e-mail addresses or other participant information,
ratings or listings, or any data extraction or data mining whatsoever.
You agree that you will not compile, reproduce, republish or resell for
any commercial purpose any information on our Site and not use any device,
software or routine that may interfere with the operation of the Site.
19. General Provisions.
This is the entire Agreement governing the use of the MarriedCafe Site.
No delay by either party shall waive rights under this Agreement. This
Agreement is governed by, and to be construed in accordance with, the
laws of the State of California, without regard to that state’s
conflict of laws provisions. No waiver of any breach of this Agreement
shall be a waiver of any other provision of this Agreement, and no waiver
shall be valid unless in writing signed by the parties. If any provision
of this Agreement is held invalid, such provision shall be restated to
reflect, as nearly as possible, the original intention of MarriedCafe
in accordance with applicable law and the remainder of the Agreement shall
remain in full force.
20. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal
mail to MarriedCafe Attn: [soon] (in the case of Married Cafe) or to the
email address you provide to MarriedCafe during the registration process
(in your case). Notice shall be deemed given 24 hours after email is sent,
unless the sending party is notified that the email address is invalid.
Company Name:
Inverted Triad |