You must be at least twenty one (21) years of age and single, divorced, legally separated from your spouse, or widowed to register as a member of ekCoffee or use the Product.
By using the Product, you represent and warrant that you have the right, authority and legal capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If at any time ekCoffee is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation about your eligibility, ekCoffee reserves the right to terminate your membership and/or your right to use the Service.
You may terminate your membership at any time, for any reason by sending an email with your membership credentials to [email protected]. In the event you terminate your membership, you will not be entitled to a refund of any unutilized subscription fees. ekCoffee may terminate your access to the Product and/or your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to ekCoffee. If ekCoffee terminates your membership in the ekCoffee Service because you have breached the Agreement, you will not be entitled to any refund of any unused Subscription fees.
Non-Commercial Use by Members
The ekCoffee Product is for the personal use of individual members only, and cannot be used in connection with any commercial endeavors. This includes providing links to other web sites, whether deemed competitive to ekCoffee or otherwise. Organizations, companies, and/or businesses cannot become Members of ekCoffee and should not use the ekCoffee Service or Product for any purpose. Illegal and/or unauthorized uses of the Product, including unauthorized framing of or linking to the Product will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
ekCoffee reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service.
- Multiple profiles of the same person are not allowed on ekCoffee. ekCoffee reserves the right to deactivate all multiple profiles without any refund of subscription fees.
- You will not impersonate any person or entity. You will not stalk or otherwise harass any Member of the Service.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material 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.
- You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other ekCoffee Members.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
ekCoffee reserves the right to screen communications/messages that you may send to other Member(s) and also regulate the same by deleting unwarranted/obscene communications at any time at its sole discretion without prior notice to any Member.
Proprietary Rights in Content on ekCoffee
ekCoffee owns and retains all proprietary rights in the ekCoffee Product and the ekCoffee Service. The Product contains the copyrighted material, trademarks, and other proprietary information of ekCoffee, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you cannot copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any such act or an attempted act on your part shall constitute a violation of this Agreement and your membership is liable to be terminated forthwith by ekCoffee without refund of any of your unused Subscription fees.Content Posted on the Product
- You understand and agree that ekCoffee may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of ekCoffee violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of either ekCoffee and/or its Members.
- With respect to Content you submit or make available for inclusion on publicly accessible areas of the Product including but not limited to your contact details, you hereby unconditionally and irrevocably grant to ekCoffee the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Product and to ekCoffee Centre members from time to time.
- You understand and hereby agree that all information, data, text, photographs, graphics, messages, tags, or other Content whether publicly posted or privately transmitted or otherwise made available to ekCoffee or ekCoffee Centre members, are the sole responsibility of the person from whom such Content originated and shall be at the member's/person's sole risks and consequences. This means that you ( and not ekCoffee ) is solely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ekCoffee does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will ekCoffee be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
li You are solely responsible for the Content that you publish or display (hereinafter, "post") on the ekCoffee service or on ekCoffee Product or transmit to other ekCoffee Members. ekCoffee reserves the right to verify the authenticity of Content posted on the Product. In exercising this right, ekCoffee may ask you to provide any documentary or other form of evidence supporting the Content you post on the Product. If you fail to produce such evidence, ekCoffee may, in its sole discretion, terminate your Membership without a refund.
li By posting Content to any public area of ekCoffee, you automatically grant, and you represent and warrant that you have the right to grant, to ekCoffee, and other ekCoffee Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
li The following is an indicative list of the kind of Content that is illegal or prohibited on the Product. ekCoffee will investigate and take appropriate legal action in its sole discretion against anyone who violates this Agreement, including without limitation, removing the offending communication / Content from the Service and terminating the Membership of such violators without a refund. Illegal and prohibitive Content includes Content that which:
li is patently offensive to the community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
li harasses or advocates harassment of another person;
li involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
li promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
li promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
li contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
li displays pornographic or sexually explicit material of any kind;
li provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
li provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
li solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
li engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
li You must use the ekCoffee Service in a manner consistent with any and all applicable local, state, and federal laws, rules and regulations.
li You cannot include in your Member profile, visible to other members, any telephone numbers, street addresses, last names, URL's, and email addresses.
You cannot 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 your work has been copied and posted on the ekCoffee service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Product; your address, telephone number, and email address; a written 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, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement can be sent to us in writing to the San Francisco address located under the Help/Contact section on the site.
You are solely responsible for your interactions with other ekCoffee Members. ekCoffee reserves the right, but has no obligation, to monitor disputes between you and other Members. ekCoffee also reserves the right to take appropriate action against errant members. However, ekCoffee is not obliged to share such action with other members, including complainants. ekCoffee expressly disclaims any responsibility or liability for any transactions or interactions between the members inter-se.
ekCoffee is not responsible for any incorrect or inaccurate Content posted on the Product or in connection with the ekCoffee Service, 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 any User and/or Member of the ekCoffee Service whether online or offline. ekCoffee assumes no responsibility for 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 or any communications by ekCoffee to its Members. ekCoffee 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 web site 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 ekCoffee Product and/or in connection with the ekCoffee Service. Under no circumstances will ekCoffee be responsible for any loss or damage resulting from anyone's use of the Product or the Service and/or any Content posted on the ekCoffee Product or transmitted to ekCoffee Members. The exchange of matrimonial profile(s) through or by "ekCoffee" is not a matrimonial offer and/or recommendation from/by ekCoffee. ekCoffee shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, any relations (including but not limited to matrimonial relations) established pursuant to the use of ekCoffee. The Product and the Service are provided "AS-IS" and ekCoffee expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ekCoffee cannot guarantee and does not promise any specific results from use of the Product and/or the ekCoffee Service.expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content posted on the Product / made available to ekCoffee by any Members or the users of the Product or any third party. ekCoffee does not assume any responsibility or liability for any illegal Content posted on the Product by any Members, users or any third party. All liability, whether civil or criminal arising out of any Content that is Posted on the Product will be of that Member / user / third party who has Posted such Content and ekCoffee reserves its right to claim damages from such Member/ user / third party that it may suffer as a result of such Content Posted on the Product. ekCoffee does not claim ownership of Content you submit or make available for inclusion on the Service.
Limitation on Liability. In no event will ekCoffee be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Product or the ekCoffee Service, even if ekCoffee has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ekCoffee's, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ekCoffee, for the Service during the term of membership.
Disputes. If there is any dispute about or involving the Product and/or the Service, by using the Product, you unconditionally agree that all such disputes and/or differences will be governed by the laws of the United States of America and shall be subject to the exclusive jurisdiction of the Competent Courts in California.