PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS.
1. BINDING EFFECT
This is a binding agreement. By using the internet site located at www.therubbercafe.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms and Conditions of Use, as they may be amended by The Rubber Cafe from time to time in its sole discretion. The Rubber Cafe will post a notice on the Site any time these Terms and Conditions of Use have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions of Use periodically, and if at any time you find these Terms and Conditions of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY
The Rubber Cafe respects your privacy and permits you to control the treatment of your personal information. A complete statement of The Rubber Cafe's current privacy policy can be found at www.therubbercafe.com/privacy-policy. The Rubber Cafe’s privacy policy is expressly incorporated into this Agreement by this reference.
3. PASSWORD CONFIDENTIALITY
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide an e-mail address and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, e-mail address, or password of someone else at any time. You agree to notify The Rubber Cafe immediately on any unauthorized use of your account, e-mail address, or password. The Rubber Cafe shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by The Rubber Cafe, its affiliates, officers, directors, members, employees, consultants, agents, and representatives due to someone else's use of your account or password.
4. USER CONTENT
You grant The Rubber Cafe a license to use the materials, comments, and reviews that you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting The Rubber Cafe, its affiliates, officers, directors, members, employees, consultants, agents, and representatives a license to use your User Content in connection with the operation of the business of The Rubber Cafe, its affiliates, officers, directors, members, employees, consultants, agents, and representatives, including and without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that The Rubber Cafe may publish or otherwise disclose the nickname that you use in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
6. INAPPROPRIATE CONTENT
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Rubber Cafe reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. The Rubber Cafe intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions of Use or of any applicable laws.
7. COPYRIGHT INFRINGEMENT
The Rubber Cafe has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Rubber Cafe has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of The Rubber Cafe or of a third party, or otherwise violated any intellectual property laws or regulations. The Rubber Cafe's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want The Rubber Cafe to delete, edit, or disable the material in question, you must provide The Rubber Cafe with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or, to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Rubber Cafe to locate the material; (d) information reasonably sufficient to permit The Rubber Cafe to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to The Rubber Cafe's designated agent at:
Darren M. Pirozzi, Esq.
Law Office of Darren M. Pirozzi
2534 State Street, Suite 202
San Diego, CA 92101
USA
Tel: (619) 702-7200
Fax: (619) 702-9029
8. ALLEGED VIOLATIONS
The Rubber Cafe reserves the right to terminate your use of the Service and/or the Site. To ensure that The Rubber Cafe provides a high quality experience for you and for other users of the Site and the Service, you agree that The Rubber Cafe or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. The Rubber Cafe does not intend to disclose the existence or occurrence of such an investigation unless required by law, but The Rubber Cafe reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if The Rubber Cafe believes that you have violated any of the Terms and Conditions of Use, furnished The Rubber Cafe with false or misleading information, or interfered with use of the Site or the Service by others.
9. NO WARRANTIES
THE RUBBER CAFE HEREBY DISCLAIMS ALL WARRANTIES. THE RUBBER CAFE IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RUBBER CAFE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE RUBBER CAFE DOES NOT WARRANT THAT THE INFORMATION ON THE SITE OR THE SERVICE IS ACCURATE, THAT ITEMS ARE ACTUALLY IN STOCK, WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY
THE RUBBER CAFE’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE RUBBER CAFE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE RUBBER CAFE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
11. AFFILIATED SITES
The Rubber Cafe has no control over, and no liability for any third party websites or materials. The Rubber Cafe works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither The Rubber Cafe has control over the content and performance of these partner and affiliate sites, The Rubber Cafe makes no guarantees about the accuracy, currency, content, or quality of the informa-tion provided by such sites, and The Rubber Cafe assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that The Rubber Cafe makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms and Conditions of Use shall govern your use of any and all third party content.
12. PROHIBITED USES
The Rubber Cafe imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network„ including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by The Rubber Cafe in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
13. INDEMNIFICATION
You agree to indemnify The Rubber Cafe for certain acts and omissions. You agree to indemnify, defend, and hold harmless The Rubber Cafe, its affiliates, officers, directors, members, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Rubber Cafe will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. COPYRIGHT
Unless otherwise indicated, all contents of the Site or Service are: Copyright 2003 The Rubber Cafe, 7970 Wetherly Street, La Mesa, California 91941-6336, USA. All rights reserved.
15. TRADEMARKS
The Rubber Cafe, Stick “Em” Up, and Scrap Happy Glue and others are trademarks of The Rubber Cafe. Other product and company names mentions on this Site may be trademarks of their respective owners.
16. GOVERNING LAW
These Terms and Conditions of Use shall be construed in accordance with and governed by the laws of the United States of America and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego County, California, USA, in all disputes arising out of or related to the use of the Site or Service.
17. SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by The Rubber Cafe or by any third party.
19. CALIFORNIA USE ONLY
The Site is controlled and operated by The Rubber Cafe from its offices in the State of California. The Rubber Cafe makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as The Rubber Cafe's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than the State of California.
20. MODIFICATIONS
The Rubber Cafe may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. The Rubber Cafe shall post any revision to these Terms and Conditions of Use to the Site, and the revision shall be effective immediately on such posting. You agree to periodically review these Terms and Conditions of Use and other online policies posted on the Site to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
21. ACKNOWLEDGEMENT
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM.
