Terms
The Web pages available at CafeMaze.com or through CaféMaze's Facebook® application service, and all linked pages ("Site"), are owned and operated by Virtuell Media i Sverige AB ("CaféMaze"), and is accessed by you ("User") under the following terms and conditions:
1. Access to the Services
Subject to the terms and conditions of this Agreement, CaféMaze may offer to provide certain services, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"), solely for User's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, CaféMaze feeds and the Public Application Programming Interface ("API"). CaféMaze may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. CaféMaze may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. CaféMaze reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the Site, or by sending User a notice via email. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this User Agreement as modified.
User certifies to CaféMaze that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. Site Content
The Site and its contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, links, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
CaféMaze does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the CaféMaze Services. After posting your Content to the CaféMaze Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the CaféMaze Services, you hereby grant to CaféMaze a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content on or through the CaféMaze Services or its publishing partners, including without limitation distributing part or all of the CaféMaze Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the CaféMaze Website. This limited license does not grant CaféMaze the right to sell or otherwise distribute your Content outside of the CaféMaze Services or its publishing partners. Content you have contributed in public Services such as the forum will not automatically be removed upon license termination, nor statistical trackings such as likings, votes or game results. Such Content can be manually removed through the Service by the User before the license will terminate.
After you remove your Content from the CaféMaze Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the CaféMaze Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the CaféMaze Website as soon as practicable after you make the change.
The license you grant to CaféMaze is non-exclusive (meaning you are free to license your Content to anyone else in addition to CaféMaze), fully-paid and royalty-free (meaning that CaféMaze is not required to pay you for the use on the CaféMaze Services of the Content that you post), sublicensable (so that CaféMaze is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the CaféMaze Services), and worldwide (because the Internet and the CaféMaze Services are global in reach).
CaféMaze requests that, according to standard academic practice, if a User uses the Service for any research that results in an article, a book, or other publication, the User lists CaféMaze as a resource in User's bibliography.
User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. CaféMaze reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if CaféMaze is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
3. Restrictions
User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any CaféMaze User.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.
4. Warranty Disclaimer
CaféMaze has no special relationship with or fiduciary duty to User. User acknowledges that CaféMaze has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases CaféMaze from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. CaféMaze makes no representations concerning any content contained in or accessed through the Site, and CaféMaze will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): CAFEMAZE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. CaféMaze will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on CaféMaze's equipment, transmitted over networks accessed by the Site, or otherwise connected with User's use of the Services.
5. Registration and Security
As a condition to using certain Services, User may be required to register with CaféMaze and select a password and User name ("CaféMaze Nickname"). User shall provide CaféMaze with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a CaféMaze Nickname a name of another person with the intent to impersonate that person; or (ii) use as a CaféMaze Nickname a name subject to any rights of a person other than User without appropriate authorization. CaféMaze reserves the right to refuse registration of, or cancel a CaféMaze Nickname in its discretion. User shall be responsible for maintaining the confidentiality of User's CaféMaze password.
6. Indemnity
User will indemnify and hold CaféMaze, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.]
7. Limitation of Liability
IN NO EVENT SHALL CAFEMAZE BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
8. Termination
Either party may terminate the Services at any time by notifying the other party by any means. CaféMaze may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
9. Miscellaneous
If there is any dispute about or involving the Service, CaféMaze or Virtuell Media i Sverige AB, you agree that any such dispute will be governed by the laws of Sweden without regard to the conflict of laws provisions thereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. CaféMaze shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CaféMaze's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with CaféMaze's prior written consent. Both parties agree that this Agreement, CaféMaze's Privacy Statement, CaféMaze"s Code of Conduct and other policies posted by CaféMaze on the Site are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind CaféMaze in any respect whatsoever.
10. Third Party services
We and our advertisers may use third parties to serve or present the ads that appear on our site and to conduct research about the advertisements. We also measure statistics using Google Analytics that collects statistical information for us to learn more about our Users and to create a better service for you.
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