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Welcome to TheJcafe.com, the service for users to meet each other online, operated by TheJcafe.com, Inc. ("TheJcafe.com"). By using the TheJcafe.com Website, (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member of TheJcafe.com ("Member"). If you wish to become a Member and make use of the service(s) offered by TheJcafe.com (the "Service"), please read this Agreement. If you object to anything in this Agreement, do not use the Website or the Service, or request your account to be removed from the Website. Electronic Contract. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service ("Membership"). The Agreement is subject to change by TheJcafe.com at any time, effective upon posting on the TheJcafe.com website, and your access and use of the Service and Website after such posting will constitute acceptance by you of such change(s) of the Agreement contained or referenced herein. Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to the webmaster. Right To Withdraw Consent. You do not have the right to withdraw your consent to have this Agreement provided to you in electronic form or object to any statements in this Agreement. If you object to anything in this Agreement, do not use the Website or the Service, and/or request your account to be removed from the Website. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current account consisting of your username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request. Your withdrawal of consent shall be effective within 60 calendar days after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by you prior to the effective date of your withdrawal. Equipment. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. We will notify you via the Website of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement. Eligibility. You must be at least eighteen (18) years of age to register as a member of TheJcafe.com or use the Website and Service. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Membership and Subscription Pricing. You may become a Member of the Service at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you must become a paying subscriber to the Service. Please see the Membership page for a description of the current subscription plans and their prices. Please note that the subscription policies that are disclosed to you in subscribing to the Service are deemed part of this Agreement. For purposes of this Agreement the term “Member” includes subscribers, unless where its usage indicates otherwise. Term. This Agreement will remain in full force and effect while you use the Website and Service and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions on the Account page, or by sending TheJcafe.com written notice of termination. TheJcafe.com will not terminate your account if you send an email requesting the termination due to the ease of spoofing or faking email accounts; this is for your protection to prevent an unauthorized request of the termination of your account. If you terminate your subscription, your subscription will immediately take effect and your account will be immediately removed from the Website. TheJcafe.com may terminate your membership and/or subscription by 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 TheJcafe.com. Refunds. If TheJcafe.com terminates your membership in the Service for any reason, or if you terminate your membership for any reason, you agree to not receiving or be entitled to any refund of any and all unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of TheJcafe.com. TheJcafe.com is not required to provide you notice prior to terminating your membership and/or subscription. TheJcafe.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Non-commercial Use by Members. The Website and Service is only for the personal use of individual Members and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and/or unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is only with the permission of TheJcafe.com, which may be revoked at any time, for any reason, in TheJcafe.com’s sole discretion. General Security. You should not provide your financial information (for example, your credit card or bank account information) to other Members. Account Security. You are responsible for maintaining the confidentiality of the password that you designate during the Registration process, and you are fully responsible for all activities that occur under your account. You agree to immediately notify TheJcafe.com of any unauthorized use of your account or any other breach of security, and ensure that you exit and logoff from your account at the end of each session. TheJcafe.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Microsoft .Net Passport or AOL ScreenName (or other similar websites and/or services) to your TheJcafe.com account. Interactions with Other Members. You are solely responsible for your interactions with other Members. You understand that TheJcafe.com does not in any way screen its Members, nor does TheJcafe.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members. TheJcafe.com makes no representations, guarantees, or warrantees as to the conduct of Members or their compatibility with any current or future Members. In no event shall TheJcafe.com be liable for any damages whatsoever, whether direct, indirect, general, specific, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website and/or Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members of the Service or persons you meet through this Service. Compatibility. You understand that TheJcafe.com makes no guarantees, either express or implied, regarding your compatibility with individuals you meet through the Service. Safety. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. Copyrights. TheJcafe.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of TheJcafe.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not 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 Service in a way that constitutes copyright infringement, please provide the webmaster 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 Website; 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. Content and Opinions. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by TheJcafe.com, are those of their respective authors, and should not necessarily be relied upon or treated as non-fiction or true. Such authors are solely responsible for such content. TheJcafe.com does not guarantee the accuracy, completeness, or usefulness of any information on the Service, nor adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will TheJcafe.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members. By posting Content to any private or public area of TheJcafe.com, you automatically grant, and you represent and warrant that you have the right to grant, to TheJcafe.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that private and public posting and use of your content by TheJcafe.com will not infringe or violate the rights of any third party. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS. WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW. Your Content . You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to TheJcafe.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify TheJcafe.com of such change. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations. Removal of Content. You understand and agree that TheJcafe.com may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of TheJcafe.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. Illegal Content. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. TheJcafe.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators, resulting in no financial compensation to the terminated Membership. It includes, but is not limited to, Content that:
Posting Private Information. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs pointing to your personal information, or email addresses. This information is constituted as your private information and is hereby prohibited from being posted on the Website. Spamming. You may not engage in advertising to, or solicitation of, other Members, except as provided by the various links/buttons on the Website and Service such as the Set Me Up feature. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although TheJcafe.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion. Accuracy of Member Information. All information you include in your Member profile and account information must be accurate, current and complete. Prohibited Activities. TheJcafe.com 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:
Customer Care. TheJcafe.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of any kind. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will TheJcafe.com 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 Web site or the Service, even if TheJcafe.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, TheJcafe.com 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 TheJcafe.com for the Service during the term of your Membership. You agree to indemnify and hold TheJcafe.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, 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 this Agreement and/or any breach of your representations and warranties set forth above. Membership Transferability. All memberships are non transferable. The registrant Member may only use it for his personal use. Sharing of memberships is prohibited. If TheJcafe.com determines that your membership was shared, TheJcafe.com has the right to terminate the membership without any refund of the membership fee or any other fees you may have paid. Termination of Membership. You may chose to terminate your membership at any time. You agree, by using this website or if you are not using the website because you decided to put your membership on hold for any period of time, that the membership fee is not refundable. You agree that your membership fee is not refundable for any reason. Information Collected, Tracked, and Shared. TheJcafe.com gathers two types of information: information users submit to the site and information not directly submitted by users. There are two types of user-submitted information the site collects: public and private. The site defines public information as information that may be displayed on the site, such as gender, age and height, but cannot be linked to a particular user. Private information is defined as any information that allows others to contact a user other than through TheJcafe.com or allows the collection of information about the user other than what is displayed on the site. Public: To accomplish the goal of bringing compatible people together, the site must gather personal information, which may or may not include: customer-specified TheJcafe.com username, gender, age, ethnic background, appearance, religion, income range, occupation, photos, preference/lifestyle information and general geographic location. Much of this information is optional, and meant to be seen by members and visitors to the site but cannot be used to identify a specific member by name or location. Private: This information is gathered from members and guests who apply for the various services the site offers. This information includes, but is not limited to: email address, first name, last name, birth date, credit card number or checking account information for payment, a user-specified password, mailing address, zip code and telephone number. Aggregate: This is information the site collects that is not personally identifiable, such as browser type and IP address. This information is gathered for all users to the site. Public: Public information supplied by the user is intended to be viewed by visitors to the site. This information is used by visitors for searching and matching purposes. Public information cannot be used to identify a specific member by name, address, etc. Private: The site primarily use email addresses submitted by members to verify identity enrollment Respondees' email addresses are not disclosed to the responder; all electronic communication is limited by the use of the site, and is double-blinded by using member selected usernames. All members have the option to receive news or other periodic emails by configuration settings. Email addresses may also be used in private correspondence with the user for customer service issues. Financial information that is collected is used to bill the user for products and services. All other private information submitted by the user is confidential and will not be disclosed except as required by law or to protect members of TheJcafe.com. All private information can be updated or deleted by the user at any time. Sharing of the Information the Site Gathers/Tracks. Except where you are expressly informed otherwise or as described immediately below, the site does not sell, rent, share, trade or give away any of your personal information except to the financial institution that processes your credit card or check transaction unless required by law or for the protection of your membership. Sharing of Your Information. If you register with TheJcafe.com through one of our co-branded versions, your registration and profile information may be shared with the co-branding partner solely for the purpose of fulfilling the services provided by the co-branded site and any related promotional offers. We encourage you to review the privacy policy of the co-branded partner for questions about their use of your personally identifiable information and how you can modify or delete it. Links. The site may contain links to other websites. Please be aware that TheJcafe.com is not responsible for the privacy practices of other Web sites. TheJcafe.com encourage its users to be aware when they leave the site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this site. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TheJcafe.com has no control over such sites and resources, you acknowledge and agree that TheJcafe.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TheJcafe.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource. Cookies and Ads/Tags. A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on the site. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on the site, the user would not have to log in a password more than once, thereby saving time while on the site. The site may occasionally use cookies to anonymously track and target the interests of it's users to enhance the experience on the site or for advertising tracking purposes. In addition, cookies may be used on the site to allow enhanced capabilities such as chat. TheJcafe.com does not and will not use cookies to collect private information from any user! Some of TheJcafe.com's business partners may use cookies on the site (for example, advertisers). However, TheJcafe.com has no access to or control over these cookies. To find out more about how these advertisers manage the privacy of information in conjunction with serving ads on this site, go to the advertiser directly. TheJcafe.com also use third-party advertising companies ("Advertisers") to serve ads externally to the site on the behalf of TheJcafe.com and our partners. The advertisers employ technology that is used to measure the effectiveness of these ads. This is primarily accomplished through the use of technology devices, commonly referred to as a cookie and an action tag. The advertisers use their own cookies, similar to TheJcafe.com's cookies, to measure advertising effectiveness but TheJcafe.com does not have access to it. An action tag, also known as a Web Beacon or a 1 pixel GIF file, may also be used by advertisers to set or read their own cookies. Any information that advertisers collects via cookies and action tags is completely anonymous. The advertisers may use information about your visits to the site and other Web sites in order to provide advertisements about goods and services of interest to you. Unless otherwise notified, they do not use names, addresses, e-mail addresses or telephone numbers, and do not link online actions to an identifiable person. Updating and/or Removing Information. TheJcafe.com gives users several options for modifying or removing their information from the Website. These options include the use of Account, Profile, and other configuration pages. Changes to this Agreement. If and/or when TheJcafe.com changes this Agreement, the new policy will be updated here. If at any point TheJcafe.com decides to use personally identifiable information in a manner different from that stated at the time it was collected, TheJcafe.com will notify users by way of an email directly to them. Users will have a choice as to whether or not we use their information in this different manner, and TheJcafe.com will then use information in accordance with the privacy policy under which the information was collected. Security. TheJcafe.com takes every precaution to protect the members' information. When users submit sensitive information via the website, collected information is protected both online and off-line. When the registration/order process asks users to enter sensitive information (such as a credit card number), that information is encrypted and is protected with the best encryption software in the industry, currently as encryption using 128-bit SSL from VeriSign. While TheJcafe.com use SSL encryption to protect sensitive information online, we also use the latest encryption algorithms for off-line storage of information, including 2048-bit PGP encryption of data in replicated and mirrored databases. All of TheJcafe.com members' information, not just the sensitive information mentioned above, is restricted in TheJcafe.com's offices. Only employees who need the information to perform a specific job (for example a billing clerk or a customer service representative) are granted access to personally identifiable information for the specific task at hand. Email Choice/Opt-out. TheJcafe.com's members are given the opportunity to 'opt-out' of having information used for purposes not directly related to our site at the point where the site asks for the information. Users who no longer wish to receive TheJcafe.com's newsletters or promotional materials from affiliated partners may opt-out of receiving these communications by following the instructions contained in the email or by logging-in and changing their email options in the Account section of the site. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Boca Raton, Palm Beach County, for the resolution of any such dispute. Guarantee. This Agreement does not provide any guarantee affirming your success at meeting another Members from TheJcafe.com, which includes responses to public and/or private communication with other TheJcafe.com Members. TheJcafe.com does not provide a guarantee that other Members will meet with you in a face-to-face setting, or any short or long-term relationship arise from such a possible meeting. TheJcafe.com will perform their duties to the fullest extent possile to provide a match to your account with other Members' accounts, facilitate a meeting, and assist in communication efforts between you and other members' accounts. Other Members not wishing to meet with you will not constitute as valid reason to obtain any financial restitution or refund of any and/or all membership fees paid. Billing. TheJcafe.com bills you through an online account (your "Billing Account") for use of the Service. You agree to pay TheJcafe.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize TheJcafe.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. TheJcafe.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. TheJcafe.com MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY TheJcafe.com) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE TheJcafe.com REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO THE MEMBERSHIP PAGE. Billing Information. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY TheJcafe.com IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON THE ACCOUNT PAGE. IF YOU FAIL TO PROVIDE TheJcafe.com ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT TheJcafe.com MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE, CONFIRMED BY YOU IN WRITING UPON REQUEST BY TheJcafe.com, or by your termination of your Membership account. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If TheJcafe.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. Change in Payment Amount. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and TheJcafe.com shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that TheJcafe.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Auto Renewal Billing. Your TheJcafe.com subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to the Membership page. If you resign, your membership is reduced to the requested level immediately. Any unused portion of your payment is not proprated or refunded. Reaffirmation of Authorization for Payment. Your non-termination or continued use of the Service reaffirms that TheJcafe.com is authorized to charge your Payment Method. TheJcafe.com may submit those charges for payment and you will be responsible for such charges. This does not waive TheJcafe.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service. Free Trials and Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact the webmaster to have the charges reversed. Modifications to Service. TheJcafe.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TheJcafe.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. IP Address Blocking. In order to protect the integrity of the Service, TheJcafe.com reserves the right at any time in its sole discretion to block Members or any other users from certain IP addresses from accessing the Website. Member Disputes. You are solely responsible for your interactions with other TheJcafe.com Members. TheJcafe.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Disclaimers.
TheJcafe.com is not responsible for any incorrect
or inaccurate Content posted on the Website or in connection with the Service,
whether caused by users of the Website, Members or by any of the equipment or
programming associated with or utilized in the Service. TheJcafe.com is not
responsible for the conduct, whether online or offline, of any user of the
Website or Member of the Service. TheJcafe.com 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 or Member communications. TheJcafe.com 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 email or players on account of technical problems or
traffic congestion on the Internet or at any Website 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 Web and/or in connection with the Service. Under no
circumstances will TheJcafe.com or any of its affiliates, advertisers, promoters or
distribution partners be responsible for any loss or damage, including personal
injury or death, resulting from anyone's use of the Website or the Service, any
Content posted on the Website or transmitted to Members, or any interactions
between users of the Website, whether online or offline. The Website and the
Service are provided "AS-IS" and TheJcafe.com expressly disclaims any warranty of
fitness for a particular purpose or non-infringement. TheJcafe.com cannot guarantee
and does not promise any specific results from use of the Website and/or the
Service. Linked Accounts. TheJcafe.com permits you to associate a TheJcafe.com username and password with your Microsoft .Net Passport ID or your AOL ScreenName ID. When you establish a linked account, you can sign into Microsoft Passport or AOL ScreenName and automatically sign into TheJcafe.com at the same time. TheJcafe.com is not responsible for the operation or functionality of Microsoft Passport or AOL ScreenName. Microsoft is a registered trademark of Microsoft Corporation and AOL is a registered trademark of America Online, Inc. U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Indemnity by You. You agree to indemnify and hold TheJcafe.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, 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 this Agreement and/or any breach of your representations and warranties set forth above. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. Our Use Of Your Information We use information in the files we maintain about you, and the other information we obtain from your current and past activities on the Websites to resolve disputes, troubleshoot problems and enforce our Terms and Conditions. At times, we may look across multiple members to identify problems or resolve disputes, and in particular we may examine your information to identify members multiple Member ID No. or aliases. You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize our Site's content, layout, and services. These uses improve our site and better tailor it to meet your needs. You agree that we may use your information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use on the Websites. By accepting this Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications by visiting the Account page of the Website. Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse your information that they collect from our Websites. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed. Financial Information. Under some circumstances we may require some additional information, such as, but not limited to credit card details. We use this financial information, including your name, address, and other information, as well as to bill you for use of our services. We use your financial information to check your qualifications, to bill you for services and/or products, to enable you to participate in discount, rebate and similar programs in which you may elect to participate. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information on the Websites, you consent to our providing of your financial information to our service providers and to such third parties as we determine are necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support the transaction or activity. By purchasing, or registering or making reservations for products or services of third parties offered on the Websites, or by participating in programs offered on the Websites that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Any of these various third parties may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us. Advertisers. We aggregate (gather up data across all our members' accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number and bank account number, are never disclosed to marketing advertisers. We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. External Service Providers. There may be a number of services offered by external service providers that help you use our Websites. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policy. Other Corporate Entities. We share much of our data, including personally identifiable information about you, with our parent and/or subsidiaries that are committed to serving your online needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other members. Our parent and/or subsidiaries will follow privacy practices no less protective of all members than our practices described in this document, to the extent allowed by applicable law. It is possible that TheJcafe.com and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that TheJcafe.com would share some or all of your information in order to continue to provide the service. You will receive notice of such event (to the extent it occurs) and we will require that the new combined entity follow the practices disclosed in this Privacy Policy. Legal Requests. TheJcafe.com cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability. Your Use of other Members Information. Our services also include access to instant messaging and chat rooms. As a member you have access to the Member's ID No., and you might gain access to other contact information of the Member(s) through the regular use of the instant messaging and chat rooms. By accepting this Agreement, you agree that, with respect to other Members' personally identifiable information that you obtain through instant messaging communication, the chat rooms and email, TheJcafe.com hereby grants to you a license to use such information only for: (a) TheJcafe.com related communications that are not unsolicited commercial messages, and (b) any other purpose that such member expressly agrees to after adequate disclosure of the purpose(s). In all cases, you must give Members an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another member to any third party without our consent and the consent of such other member after adequate disclosure. TheJcafe.com and our members do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a TheJcafe.com member to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other TheJcafe.com members, please contact the webmaster. Accessing, Reviewing and Changing Your Profile. Following registration, you can review and change the information you submitted during registration through the Member Service Menu including: Your password and e-mail address. If you change your password and email we keep track of your old password and email. You can also change your registration information such as: name, address, city, state, zip code, country, phone number, profile, likes and dislikes, desired date profile, essays and saves search criteria. Upon your electronic or written request, we will suspend your membership, contact information, and financial information from our active databases. Such information will be suspended as soon as reasonably possible in accordance with our suspension policy and applicable law. To remove your profile so that others cannot view it, visit the Profile page on the Website. We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests. Control of Your Password. You are responsible for all actions taken with your login information and password, including fees. Therefore we do not recommend that you disclose your TheJcafe.com login information and/or password to any third parties. If you choose to share this information with third parties to provide you additional services, you are responsible for all actions taken with your login information and password and therefore should review each third party's privacy policy. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. Other Information Collectors. Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Websites or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since TheJcafe.com does not control the privacy policies of the third parties, you are subject to ask questions before you disclose your personal information to others. Security. TheJcafe.com uses industry standard practices to safeguard the confidentiality of your personal identifiable information, including "firewalls" and Secure Socket Layers. TheJcafe.com treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the company. However, "perfect security" does not exist on the Internet. Understanding of Agreement. This legal agreement is made between You and Us ("Agreement"). This Agreement applies to all of Our sites that are offering the Service including TheJcafe.com. Please read this Agreement carefully before registering for the Service. By registering for the Service, You become a TheJcafe.com member (a "Member"), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEEMENT ON THE SERVICE. In this Agreement the following words have the following meanings unless the context requires otherwise: "Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time in accordance with the terms and conditions set forth herein; "We, Us, Our" means TheJcafe.com; and "You, Your, Yourself" means the person who registers for the Service, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Us. Proprietary Rights. You represent and warrant to Us that the information posted in Your profile including Your photograph are posted by You and that You are the exclusive author of Your profile and the exclusive owner of Your photographs. You assign to Us, with full title guarantee, all copyright in Your profile and your photographs posted, at any time, in connection with Your use of the Service. You waive absolutely any and all moral rights to be identified as author of Your profile and owner of Your photograph and any similar rights in any jurisdiction in the world. In addition, other Members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given express written permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, photographs or content on any Service, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. Availability. WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about You due to Your use of the Service, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY.
IN NO EVENT WILL WE BE LIABLE TO
YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF
SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW
OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER
THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
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 US
FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and TheJcafe.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. THIS AGREEMENT MAY CHANGE AT ANY TIME WITH OR WITHOUT NOTICE. BY LOGGING INTO THEJCAFE.COM, YOU AGREE TO ALL PROVISIONS CONTAINED ABOVE EVEN IF THEY CHANGE, UNLESS YOU HAVE OFFICIAL CONTRACTS FROM THEJCAFE.COM SUPERCEDING THIS AGREEMENT. |
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