Terms of Use
These Terms of Use (this “Agreement”) explain the terms by which you may use the Canes and Coffee (https://canesandcoffee.com) web site and if/when available any application for mobile devices (“Mobile Software”), and other online or mobile services we may provide (collectively, the “Service”) which are provided by Canes and Coffee, LLC. Please read this Agreement carefully before using the Canes and Coffee Service. By accessing or using the Service, you agree that you have read, understood, and agree to be bound by this Agreement, and to the collection and use of your information as set forth in the Canes and Coffee Privacy Policy whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. HOW WE UPDATE THESE TERMS OF USE
Canes and Coffee reserves the right, in its sole discretion, to modify or replace this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material way, we will update the ‘last updated’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
2. USE OF OUR SERVICE
a. Eligibility. Because we respect the rights of children and parents, you may use the Canes and Coffee Service only if you can form a binding contract with Canes and Coffee, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Use of the service can be terminated by Canes and Coffee for any user at any time at which time you will no longer be permitted to access the Service. The Service is provided for your personal, noncommercial use only. You may not use the Service for any commercial purposes.
b. Canes and Coffee Accounts. You can browse Canes and Coffee and enjoy the Service without registering for a Canes and Coffee account. In order to post any User Content or access certain features of the Service, however, you must establish an account with Canes and Coffee. You may not select or use as a Canes and Coffee User ID any name that we determine to be offensive, vulgar or obscene nor may you include this type of material in your profile or comments. Canes and Coffee reserves the right to refuse registration of, or cancel a Canes and Coffee User ID or a User account in its sole discretion. When creating your account, you must provide accurate and complete information. We reserve the right to reclaim Canes and Coffee User IDs on behalf of businesses or individuals that hold legal claim or trademark on those usernames. You are responsible for maintaining the confidentiality for any passwords used for your Canes and Coffee account. By connecting to Canes and Coffee with a third-party service like Facebook, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service.
c. Your responsibility for your account: You are solely responsible for the activity that occurs on or through your account, and you must keep your account password secure. You must notify Canes and Coffee immediately of any breach of security or unauthorized use of your account. Canes and Coffee will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses of Canes and Coffee or others due to such unauthorized use.
d. Your interaction with other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Canes and Coffee will have no liability for your interactions with other Users, or for any User’s action or inaction.
g. Changes to the Service. As Canes and Coffee grows and changes, we may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
3. ACCEPTABLE USE OF THE CANES AND COFFEE SERVICE
As a condition of use, you hereby agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement or applicable law, or any other purpose not reasonably intended by Canes and Coffee.
By way of example, and not as a limitation, you agree not to use the Service:
1. To abuse, harass, threaten, impersonate, or intimidate other Canes and Coffee Users;
2. To contribute any User Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, or offensive; that you know to be false, misleading, or untrue; or that otherwise violates any law or right of any third party;
3. For any illegal or unauthorized purpose. If you are an international User, you agree to comply with all local laws in your use of the Service;
4. To 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 Canes and Coffee User;
5. To create or submit unwanted email or other messages (“Spam”) to any other Canes and Coffee Users or third parties;
6. To violate any laws in your jurisdiction (including but not limited to copyright laws);
7. To submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service;
Canes and Coffee may remove any User Content or deactivate any Canes and Coffee account 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 User Content), or for no reason at all.
4. SHARING YOUR CONTENT
a. Your content. Canes and Coffee allows you to post content on the Service, including comments, photos and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” YOU RETAIN OWNERSHIP OF YOUR USER CONTENT.
b. How Canes and Coffee and other Users can use your content. You own all of the User Content that you post or publish (“post”) on the Service. You grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on the Service and in all forms and media now or hereafter known for the purposes of operating and providing the Service to you and our Users. Nothing in this Agreement shall restrict Canes and Coffee’s rights under separate licenses to User Content.
c. Your responsibility for your content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. Canes and Coffee reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. Canes and Coffee takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Canes and Coffee is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Bleacher Report shall not be liable for any damages you allege to incur as a result of such User Content.
d. Definition of Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
5. OUR CONTENT
a. Canes and Coffee Content. Except for User Content, the Service, and all Intellectual Property Rights therein and related thereto, are the exclusive property of Canes and Coffee and its licensors (“Canes and Coffee Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Canes and Coffee Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Canes and Coffee Content, including without limitation any materials or content accessible on the Service. Canes and Coffee and other Canes and Coffee graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of Canes and Coffee protected by the laws of the United States and/or other countries or jurisdictions. Canes and Coffee’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Canes and Coffee Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
b. Our license to you. Subject to the terms and conditions of this Agreement, Canes and Coffee provides you with a license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service. Canes and Coffee may terminate this license at any time for any reason or no reason.
c. Feedback you provide. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Canes and Coffee under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Canes and Coffee does not waive any rights to use similar or related Feedback previously known to Canes and Coffee, or developed by its employees, or obtained from sources other than you.
6. CANES AND COFFEE’S COPYRIGHT POLICY
Canes and Coffee requires that Users of the Service respect the copyright and other intellectual property rights of all third parties. In accordance with the Digital Millennium Copyright Act (“DMCA”), Canes and Coffee will terminate, where warranted as determined in Canes and Coffee’s sole discretion, Users whom Canes and Coffee believes are intentional and/or repeat infringers.
If you believe that your copyright in any material has been infringed on the Site, please contact Canes and Coffee directly and provide the following information in writing:
a. Identification of the copyrighted work that you claim has been infringed.
b. Identification of the material that you claim is infringing, with sufficient detail so that Bleacher Report may readily locate it.
c. Information sufficient to permit Canes and Coffee to contact you such as your name, address, telephone number, and e-mail address.
d. A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
e. A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner.
f. The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Last updated July 18, 2015.