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ekCoffee Terms of Use


Welcome to ekCoffee, a place to meet singles who seek something meaningful. By using the ekCoffee Website or Mobile Application (hereinafter referred to as the "Product"), you agree to be bound by these Terms of Use (hereinafter referred to as the "Agreement") if you register as a member of ekCoffee ("Member"). Please read these Terms of Use and the ekCoffee Privacy Policy prior to using the ekCoffee service (the "Service"). If you object to anything in the ekCoffee Terms of Use or the ekCoffee Privacy Policy, do not use the Product or the Service.

The Terms of Use are subject to change by ekCoffee at any time, effective upon posting on the ekCoffee website, and your use of the Service after such posting will constitute acceptance of such changes by you.


Eligibility

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 have read the Terms of Use and Privacy Policy and agree to be bound by them.


Term

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.

Prohibited Activities

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.



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

Copyright Policy


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.

Member Disputes.

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.

Privacy

Use of the ekCoffee Product and/or the ekCoffee Service is governed by our Privacy Policy.

Disclaimers

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.


Indemnity. You agree to indemnify and hold ekCoffee, its subsidiaries, affiliates, directors, owners, employees, officers, agents, and other partners, fully indemnified and harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or any fraudulent act on your part.


becoming a member of ekCoffee and/or using the Services of the Product, you unconditionally and irrevocably confirm that you have read the above provisions and agree to abide by them.
contact us with any questions regarding this service agreement.

Terms of Use Changes and Acceptance The Terms of Use and Listing Policy described above are effective as of January 1st, 2016. By using our Product and its services, you signify your acceptance of our Terms of Use and Listing Policy. If you do not agree or are not comfortable with any policy described in the Terms of Use and Listing Policy, you may discontinue use of our Product. We reserve the right to modify the Terms of Use and Listing Policy at any time. Your continued use of any portion of our Product following notification or posting of such changes will constitute your acceptance of these changes.