PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE
Nexuscafe.com, WEBSITE (the "Site") By accessing and using this Site, you
are hereby agreeing to be legally bound by the terms and conditions of
Nexuscafe.com (the "Agreement"). Please note that this Site and the Services
(as defined below) offered are only open to users 13 years of age or older.
If you do not agree with all of the following terms and conditions, please
do not use this Site.
By registering for this Site, you will automatically be registered
to use all of the sites within Nexuscafe.com, and all of the services offered
by each, including but not limited to chat rooms, message boards, email
services, and user profiles (collectively, the "Services").
We reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any time. Such changes and/or
modifications shall become effective immediately upon the posting thereof.
Please review the terms and conditions periodically. Your continued use of
the Site following the posting of changes and/or modifications will constitute
your acceptance of the revised terms and conditions. For your information,
this page was last updated on November 17, 2002.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs,
illustrations, audioclips, videoclips, artwork, graphic material, or other
copyrightable elements, and the selection and arrangements thereof, and
trademarks, service marks and trade names (the "Material") are the
property of Nexuscafe.com and/or its affiliates or assigns or Nexuscafe.com
licensors or other respective owners and are protected, without limitation,
pursuant to U.S. and foreign copyright, trademark and other applicable laws.
Nexuscafe.com hereby grants you a personal, non-exclusive, non-assignable and
non-transferable license to use and display the Material for noncommercial and
personal use only provided that you maintain all copyright and other notices
contained in such Material. You agree not to reproduce, modify, create
derivative works from, display, perform, publish, distribute, disseminate,
broadcast or circulate any Material to any third party (including, without
limitation, the display and distribution of the Material via a third party
website) without the express prior written consent of Nexuscafe.com. Use of
Nexuscafe.com and/or its licensors' Material is only permitted with their
express written permission. You further agree that you will not disassemble,
decompile, reverse engineer or otherwise modify the Material. Any unauthorized
or prohibited use may subject the offender to civil liability and criminal
prosecution under applicable federal and state laws.
MESSAGING SERVICES (E.G. EMAIL AND MESSAGE BOARDS.)
1. Description of Services: During registration you will be asked to provide
current, complete and accurate information as prompted to so do. You will then
enter your registered username and password. Your username and password will
be used for all Services offered by the Sites. You are entirely responsible
for maintaining the confidentiality of your username and password.
All information requested during registration shall be referred to as the
"Registration Data". Please read the Nexuscafe.com Privacy Policy for
information on how Nexuscafe.com collects and uses user's personal
information. Notwithstanding the terms of the Nexuscafe.com Privacy Policy,
you grant to Nexuscafe.com the right to disclose the Registration Data to
third parties for the purposes of administering and maintaining the Services.
Furthermore, while it is Nexuscafe.com's policy to respect the privacy of
its users, including information about user's use of the Services, including
the contents of users' email, Nexuscafe.com reserves the right to monitor,
edit or disclose any personal information about the user, his/her use of the
Services, including its contents, in the event that Nexuscafe.com believes
that such action is necessary in order to 1) conform to legal requirements or
comply with legal process; 2) to protect and defend the rights of
Nexuscafe.com; 3) to enforce the Terms of Service; or 4) to act to protect
the interests of its members and others. You agree to notify Nexuscafe.com
immediately in the event that you believe that there is unauthorized use of your account.
2. Advertising. Users may from time to time enter into correspondence with
or participate in the promotions of advertisers through the Services. All such
correspondence, including, without limitation, any resulting contractual
agreements, are solely between the advertiser and the user and, as such,
Nexuscafe.com shall not be responsible for upholding any applicable terms,
conditions, representations of warranties made by advertiser or user in
connection therewith.
3. Rules of Conduct. You agreed that your use of the Services is subject to
all applicable local, state, national and international laws and regulations
and you are solely responsible for all acts or omissions that occur under your
account or password, including, without limitation, the contents of your
transmissions through the Services. User agrees not to:
Disseminate content intended to harass, abuse, threaten, impersonate any
other individual or entity, disseminate obscene, defamatory, indecent, harmful,
libelous, unlawful and/or other objectionable material/information. Use the
Services for the purposes of sending junk email, chain letters, duplicative or
unsolicited messages or "spamming" or in connection with contests, surveys or
pyramid schemes. Use the Services for commercial purposes, including, without
limitation, for the advertising or offering of goods or services. Transmit or
upload programs or material that contain viruses, timebombs, cancelbots, worms,
trojan horses or other harmful or deleterious programs. Transmit or upload any
material that contains software or other material that is protected by
intellectual property laws and/or would infringe upon rights of privacy or
publicity of a third party unless user owns or controls the rights thereto or
has received a license, permission and/or consent thereto. Try to gain
unauthorized access to the Services, other users' accounts, or computers
connected to the Services though password mining or other means. Violate any
applicable laws or regulations, including, but not limited to, laws regarding
the transmission of technical data or software exported from the United States
through the Services. Interfere with another user's use and enjoyment of the
Services or any other individual's user and enjoyment of similar services.
4. Termination of the Services. Nexuscafe.com may terminate the Services at
any time with or without cause. Nexuscafe.com shall not be liable to user of
any other party for termination of the Services. If user should object to any
of the terms and conditions of the Services, user may 1) discontinue use of
the Services or 2) cancel his/her membership to the Services via the 'MyInfo'
section of the site or by sending an email from the email address submitted
during registration to remove@nexuscafe.com. The subject lines of the mail
should read "remove " where represents the name the user uses to log in. The
body of the email should include the member's username, password, date of
birth and email address. Nexuscafe.com will send a confirmation when the user's
account is deleted Upon termination of the Services, Nexuscafe.com will have
no further obligation thereafter to forward any unread or unsent messages to
user or any other party.
5. Disclaimer and Limitations of Liability. Nexuscafe.com is not liable for
failure to monitor or edit messages sent over the Services. Nexuscafe.com does
not endorse the content of users' communications and does not assume liability
for any threatening, libelous, obscene, harassing or offensive material
contained therein, User is responsible for maintaining the confidentiality of
user's passwords and for all activities which occur under user's account.
COMMUNITY STANDARDS AND SUBMISSIONS
To the extent that portions of this site provide users an opportunity to
submit, post and/or exchange information, ideas, opinions, photographs,
images, video, creative works, or any other material (hereafter, the
"Posting(s)"), please be advised that Postings do not necessarily reflect
the views of Nexuscafe.com. In no event shall Nexuscafe.com assume or have
any responsibility or liability for any Postings or for any claims, damages
or losses resulting from their use and/or appearance on this site.
By submitting a Posting, you authorize Nexuscafe.com to use, and authorize
others to use, such Postings in whole or in part, throughout the universe
in perpetuity in any and all media, now known or hereafter devised, alone, or
together or as part of other material of any kind or nature. By submitting a
Posting, you represent and warrant that you have all necessary rights in such
Posting and all information contained therein and that such Posting does not
contain libelous, tortious, or otherwise unlawful information which may
infringe upon the right of any third party. If your Posting incorporates the
name, voice, likeness or image of any individual, you represent and warrant
that you have the right to grant Nexuscafe.com permission to use such name,
voice, likeness and/or image of such individual appearing in the Posting in
all media throughout the world in perpetuity. Without limiting the foregoing,
Nexuscafe.com will have the right to use and change the Postings in any manner
that Nexuscafe.com may determine. Please be advised that in no event shall
Nexuscafe.com assume or have any responsibility or liability for the manner in
which the Posting is exploited or for any claim, damages or losses resulting
from their use and/or appearance on Nexuscafe.com's websites, or elsewhere.
Please also understand that your Postings shall not be returned by
Nexuscafe.com.
You agree to defend, indemnify and hold Nexuscafe.com harmless from and
against any breach or alleged breach of any of your representations,
warranties or undertakings hereunder.
The chatroom/message board may be used for noncommercial purposes only.
Users may not post any information intended to promote and/or generate
revenue for any third party business activity. Although Nexuscafe.com
periodically monitors the content posted on this Site, we cannot be
responsible for the views or opinions expressed by third parties. Nonetheless,
Nexuscafe.com will make every effort to ensure that the chatroom/message
boards best serve the interests of all users and, therefore, Nexuscafe.com
reserves the right to refuse to post, edit, or delete messages or any
Postings that violate the above-referenced Rules of Participation or Terms
and Conditions of this Site, as well as revoke the privileges of users who
do not comply with such rules or block specific IP addresses and delete
user's password and username.
If you believe that any information provided on this Site violates the Rules
of Participation, Terms of Use of this Site, or otherwise infringes upon the
rights or any third party, please contact us at community@nexuscafe.com.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON
AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Nexuscafe.com is not responsible or liable for any infections or contamination
of your system, or delays, inaccuracies, errors, or omissions arising out of
your use of this Site or with respect to the information and material
contained on this Site. The entire risk as to the quality, accuracy, adequacy,
completeness, correctness and validity of any material rests with you. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEXUSCAFE.COM, ITS
AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE
LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON
THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY
NEXUSCAFE.COM OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event
shall Nexuscafe.com's liability to you for any and all claims, damages,
losses, and causes of action (whether in contract, tort or otherwise) exceed
the amount paid by you, if any, for accessing this Site.
HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by
Nexuscafe.com, its subsidiaries and affiliates of the opinions or views
expressed by these linked websites and Nexuscafe.com does not verify, endorse,
or take responsibility for the accuracy, currency, completeness or quality of
the content contained in these sites. Furthermore, Nexuscafe.com is not
responsible for the quality or delivery of the products or services offered,
accessed, obtained by or advertised by such sites. As such, neither
Nexucafe.com, its subsidiaries and affiliates will be responsible for any
errors or omissions or for the results obtained from the use of such
information contained in these sites. To the extent that these sites collect
personal information (the "Information") or Postings from the end user, be
advised that in no event shall Nexuscafe.com assume or have any responsibility
or liability for the manner in which the Information or Postings are exploited
or for any claims, damages, or losses resulting from their use and/or
appearance on these sites. Finally, Nexuscafe.com will under no circumstances
be liable for any direct, indirect, incidental or special loss or other damage,
whether arising from negligence, breach of contract, defamation, infringement
of copyright or other intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or content contained within
these sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Nexuscafe.com, its
affiliates, and their respective officers, directors, employees, agents,
licensors, representatives, and third party providers to the Site from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement by you.
Nexuscafe.com reserves the right to assume, at its sole expense, the exclusive
defense and control of any matter subject to indemnification by you, in which
event you will fully cooperate with Nexuscafe.com in asserting any available
defenses.
MISCELLANEOUS
This Agreement contains the entire understanding and supersedes all prior
understanding of the parties hereto relating to the subject matter hereof,
and cannot be changed or terminated orally.
