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| BloCafé Terms of Use Agreement |
BloCafé offered by Santrum Networks Inc. ("Santrum Networks" or "we") include the BloCafé website (the "BloCafé Website"), the BloCafé software, messaging service, live forum, voice & video chat, and any other features, content, or applications offered from time to time by Santrum Networks in connection with the BloCafé Website (collectively, the "BloCafé Services").
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the BloCafé Services. By using the BloCafé Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the BloCafé Website) or you are a "Register" (which means that you have registered with BloCafé). The term "User" refers to a Visitor or a Register. You are only authorized to use the BloCafé Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the BloCafé Website and discontinue use of the BloCafé Services immediately. If you wish to become a Register, communicate with other Registers and make use of the BloCafé Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Santrum Networks' policy for acceptable use of the BloCafé Services and Content posted on the BloCafé Website, your rights, obligations and restrictions regarding your use of the BloCafé Services and Santrum Networks' Privacy Policy. In order to participate in certain BloCafé Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the BloCafé Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Santrum Networks may modify this Agreement from time to time and such modification shall be effective upon posting by Santrum Networks on the BloCafé Website. You agree to be bound to any changes to this Agreement when you use the BloCafé Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on BloCafé and that you provide to other Users. Your BloCafé profile and content may not include the contents containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other BloCafé Registers (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Santrum Networks assumes no responsibility or liability for this material. If you become aware of misuse of the BloCafé Services by any person, please contact Santrum Networks.
You acknowledge that the risk of your Register's identity, profile and content posted on BloCafé damaged by hardware, software, system, hijacks, attacks, human factors or natural environment. Santrum Networks has no direct and indirectly liability of those damages
Santrum Networks reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages, documents, music, photos, videos, and any other information) by you, or to restrict, suspend, or terminate your access to all or any part of the BloCafé Services at any time, for any or no reason, with or without prior notice, and without liability. Santrum Networks expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of BloCafé Services if Santrum Networks determines, in its sole discretion, that you pose a threat to BloCafé and/or its Users. |
| 1. Eligibility |
Use of and Register's identity in the BloCafé Services is void where prohibited. By using the BloCafé Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the BloCafé Services does not violate any applicable law or regulation. Your profile may be deleted and your Register’s identity may be terminated without warning, if we believe that you are under 14 years of age.
You will not hold Santrum Networks or BloCafé responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional seller or service provider. Instead, the BloCafé are a venue to allow Registers or Visitors become sellers or buyers, who offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the less of (a) the total fees you paid to us in a month prior to the action giving rise to the liability, and (b) $10. |
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2. Term |
This Agreement shall remain in full force and effect while you use the BloCafé Services or are a Register. You may terminate your Register’s identity at any time, for any reason, by following the instructions on the Register's settings. Santrum Networks may terminate your Register’s identity at any time, without warning. Even after Register’s identity is terminated, this Agreement will remain in effect, including sections 5 to 17. |
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3. Fees |
You acknowledge that Santrum Networks reserves the right to charge for the BloCafé Services and to change its fees from time to time in its discretion. If Santrum Networks terminates your Register’s identity or remove your BloCafé Register’s identity profile and content because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Santrum Networks also reserves the right to remove your BloCafé Register's identity, profile and content, if your BloCafé Services were overdue. |
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| 4. Password |
When you sign up to become a Register, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Register at any time or to disclose your password to any third party. You agree to notify Santrum Networks immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. |
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| 5. Commercial Use by Registers |
The BloCafé Services are for the commercial use of Registers only and may not be used in connection with illegal or unauthorized use of the BloCafé Services. Illegal and/or unauthorized commercial advertisements, affiliate links, and other forms of solicitation may be removed from Register profiles without notice and may result in termination of Register's identity privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the BloCafé Services. |
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| 6. Proprietary Rights in Content on BloCafé |
| 1.) |
Santrum Networks does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the BloCafé Services. After posting your Content to the BloCafé Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the BloCafé Services, you hereby grant to Santrum Networks a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the BloCafé Services.
Without this license, Santrum Networks would be unable to provide the BloCafé Services. For example, without the right to modify Register Content, Santrum Networks would not be able to digitally compress music files that Registers submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Register Content, Santrum Networks could not allow Users to listen to music posted by Registers. The license you grant to Santrum Networks is non-exclusive (meaning you are free to license your Content to anyone else in addition to Santrum Networks), fully-paid and royalty-free (meaning that Santrum Networks is not required to pay you for the use on the BloCafé Services of the Content that you post), sublicensable (so that Santrum Networks is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the BloCafé Services), and worldwide (because the Internet and the BloCafé Services are global in reach). This license will terminate at the time you remove your Content from the BloCafé Services. The license does not grant Santrum Networks the right to sell your Content, nor does the license grant Santrum Networks the right to distribute your Content outside of the BloCafé Services. |
| 2.) |
You represent and warrant that: (i) you own the Content posted by you on or through the BloCafé Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the BloCafé Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the BloCafé Services. |
| 3.) |
The BloCafé Services contain Content of BloCafé ("BloCafé Content"). BloCafé Content is protected by copyright, trademark, patent, trade secret and other laws, and Santrum Networks owns and retains all rights in the BloCafé Content and the BloCafé Services. Santrum Networks hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BloCafé Content (excluding any software code) solely for your personal use in connection with viewing the BloCafé Website and using the BloCafé Services. |
| 4.) |
The BloCafé Services contain Content of Users and other BloCafé licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the BloCafé Services. |
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| 7. Content Posted |
| 1.) |
Santrum Networks may delete any Content that in the sole judgment of Santrum Networks violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Santrum Networks assumes no responsibility for monitoring the BloCafé Services for inappropriate Content or conduct. If at any time Santrum Networks chooses, in its sole discretion, to monitor the BloCafé Services, Santrum Networks nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. |
| 2.) |
You are solely responsible for the Content that you post on or through any of the BloCafé Services, and any material or information that you transmit to other Registers and for your interactions with other Users. Santrum Networks does not endorse and has no control over the Content. Content is not necessarily reviewed by Santrum Networks prior to posting and does not necessarily reflect the opinions or policies of Santrum Networks. Santrum Networks makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Registers. |
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| 8. Content/Activity Prohibited |
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the BloCafé Services. Santrum Networks reserves the right to investigate and take appropriate legal action against anyone who, in Santrum Networks' sole discretion, violates this provision, including without limitation, removing the offending communication from the BloCafé Services and terminating the Register's identity of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Santrum Networks: |
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| 1.) |
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; |
| 2.) |
harasses or advocates harassment of another person; |
| 3.) |
exploits people in a sexual or violent manner; |
| 4.) |
contains nudity, violence, or offensive subject matter or contains a link to an adult website; |
| 5.) |
solicits personal information from anyone under 18; |
| 6.) |
provides any telephone numbers, street addresses, last names, URLs or email addresses; |
| 7.) |
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; |
| 8.) |
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; |
| 9.) |
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; |
| 10.) |
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); |
| 11.) |
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; |
| 12.) |
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; |
| 13.) |
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; |
| 14.) |
includes a photograph of another person that you have posted without that person's consent; or |
| 15.) |
for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the BloCafé Website and through your use of the BloCafé Services. Santrum Networks reserves the right to investigate and take appropriate legal action against anyone who, in Santrum Networks' sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: |
| 16.) |
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; |
| 17.) |
You may not transmit any chain letters or junk emails to other Registers. It is also a violation of these rules to use any information obtained from the BloCafé Services in order to contact, advertise to, solicit, or sell to any Register without their prior explicit consent. In order to protect our Registers from such advertising or solicitation, Santrum Networks reserves the right to restrict the number of emails which a Register may send to other Registers in any 24-hour period to a number which Santrum Networks deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the BloCafé Services, you acknowledge that you will have caused substantial harm to Santrum Networks, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Santrum Networks $50 for each such unsolicited email or other unsolicited communication you send through the BloCafé Services; |
| 18.) |
covering or obscuring the banner advertisements on your personal profile page, or any BloCafé page via HTML/CSS or any other means; |
| 19.) |
any automated use of the system, such as using scripts to add friends or send comments or messages; |
| 20.) |
interfering with, disrupting, or creating an undue burden on the BloCafé Services or the networks or services connected to the BloCafé Services; |
| 21.) |
attempting to impersonate another Register or person; |
| 22.) |
for band profiles, copying the code for your BloCafé Player and embedding it into other profiles or asking other Registers to embed it into their profiles; |
| 23.) |
using the account, username, or password of another Register at any time or disclosing your password to any third party or permitting any third party to access your account; |
| 24.) |
selling or otherwise transferring your profile; |
| 25.) |
using any information obtained from the BloCafé Services in order to harass, abuse, or harm another person; |
| 26.) |
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the BloCafé Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or |
| 27.) |
sing the BloCafé Services in a manner inconsistent with any and all applicable laws and regulations. |
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9. Copyright Policy |
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Santrum Networks to terminate Register's indneity privileges of any Register who repeatedly infringes the copyright rights of others upon receipt of proper notification to Santrum Networks by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the BloCafé Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the BloCafé Services; (iv) your address, telephone number, and email address; (v) 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; (vi) 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. |
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| 10. Register Disputes. |
You are solely responsible for your interactions with other BloCafé Registers. Santrum Networks reserves the right, but has no obligation, to monitor disputes between you and other Registers. |
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| 11. Privacy |
Use of the BloCafé Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. |
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| 12. Disclaimers |
Santrum Networks is not responsible for any incorrect or inaccurate Content posted on the BloCafé Website or in connection with the BloCafé Services, whether caused by Users of the BloCafé Services or by any of the equipment or programming associated with or utilized in the BloCafé Services. Profiles created and posted by Registers on the BloCafé Website may contain links to other websites. Santrum Networks is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Santrum Networks. Inclusion of any linked website on the BloCafé Services does not imply approval or endorsement of the linked website by Santrum Networks. When you access these third-party sites, you do so at your own risk. Santrum Networks takes no responsibility for third party advertisements which are posted on this BloCafé Website or through the BloCafé Services, nor does it take any responsibility for the goods or services provided by its advertisers. Santrum Networks is not responsible for the conduct, whether online or offline, of any User of the BloCafé Services. Santrum Networks 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, any User or Register communication. Santrum Networks is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BloCafé Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the BloCafé Services. Under no circumstances shall Santrum Networks be responsible for any loss or damage, including personal injury or death, resulting from use of the BloCafé Services, attendance at a Santrum Networks event, from any Content posted on or through the BloCafé Services, or from the conduct of any Users of the BloCafé Services, whether online or offline. The BloCafé Services are provided "AS-IS" and as available and Santrum Networks expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Santrum Networks cannot guarantee and does not promise any specific results from use of the BloCafé Services. |
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| 13. Limitation on Liability |
IN NO EVENT SHALL SANTRUM NETWORKS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SANTRUM NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SANTRUM NETWORKS' 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 SANTRUM NETWORKS FOR THE BLOCAFÉ SERVICES DURING THE TERM OF REGISTER’S IDENTITY. |
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| 14. Disputes |
If there is any dispute about or involving the BloCafé Services, you agree that the dispute shall be governed by the laws of Cayman Islands, without regard to conflict of law provisions. Either Santrum Networks or you may demand that any dispute between Santrum Networks and you about or involving the BloCafé Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in USA, provided that the foregoing shall not prevent Santrum Networks from seeking injunctive relief in a court of competent jurisdiction. |
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| 15. Indemnity |
You agree to indemnify and hold Santrum Networks, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BloCafé Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the BloCafé Website or through the BloCafé Services causes Santrum Networks to be liable to another. |
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| 15. Other |
This Agreement is accepted upon your use of the BloCafé Website or any of the BloCafé Services and is further affirmed by you becoming a Register. This Agreement constitutes the entire agreement between you and Santrum Networks regarding the use of the BloCafé Services. The failure of Santrum Networks to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BloCafé is a trademark of Santrum Networks, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. |
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| I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |
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