Character Cafe Terms of Service
Character Cafe is an online community where you and other users may post content. These Terms of Service ("Terms") describe your rights and responsibilities and govern our relationship with you and other users of Character Cafe. By using Character Cafe, you agree to be bound by, and adhere to, these Terms.
1. Basic Rules of Conduct. Your use of Character Cafe is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. The following rules are subject to and should not be construed in any way as limiting, the Terms in Sections 2 through 17 below.
a. Plagiarism and/or infringement on rights of others. Only post content that you create and own. Materials created by other people are probably not owned by you. Posting such content infringes on someone else’s rights and may be a violation of the law. You agree that we may supply the content you post (including that posted prior to the version date of these Terms) to providers of anti-plagiarism tools at our sole discretion, who may, among other things, check the integrity of the content you post.
b. Removal of content and disabling of accounts. We may, in our sole discretion, review and/or remove any content you post on Character Cafe. We may also, in our sole discretion and without liability to you, disable your account and/or terminate your use of Character Cafe, with or without notice, if we deem such action to be advisable or appropriate.
c. Personal use only. You will not use Character Cafe to collect or disseminate information for commercial or business purposes, including without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of consideration. In addition, you will not use Character Cafe in any manner that is likely to result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" or "phishing".
d. Sensitive information. You will not post content that may be used to identify others, including without limitation, financial information, telephone numbers, street addresses, or other peoples’ names. In addition, you will not solicit login information or access an account belonging to someone else.
e. Unlawful or malicious conduct You will not use Character Cafe to do anything unlawful, misleading, malicious, or discriminatory. In addition, you will not post content that is, or may reasonably be considered to be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else.
f. Actions negatively affecting Character Cafe and/or its users. You will not act in any manner that may reflect negatively on Character Cafe, our goodwill, name or reputation, or that may discourage any person, firm or enterprise from using all or any portion, features or functions of Character Cafe, or from advertising, linking or becoming a supplier to us. Such actions include, without limitation, uploading viruses or other malicious code to Character Cafe, or taking other action that is reasonably likely to result in the modification, disruption, impairment, alteration, or interference with the use, features, functions, operation or maintenance of Character Cafe, or the use and enjoyment of Character Cafe by any person, firm or enterprise.
g. Reporting abuses. If any content on Character Cafe offends you or if you see others violating the Terms, please contact info@charactercafe.com immediately.
2. User registration and security. We require certain information from you before we will permit you to use Character Cafe. It is important for security purposes that this information is complete and accurate. Accordingly, when you register with us on Character Cafe, you make the following commitments:
a. You will not provide any false personal information, or create an account for anyone other than yourself without permission.
b. You will not use Character Cafe if you are under 13.
c. You will not use Character Cafe if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
d. You will not use Character Cafe if you are a convicted sex offender.
e. You will keep your contact information accurate and up-to-date.
f.You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
g. You will not transfer your account to anyone without first getting our written permission.
3. Privacy. We respect your privacy and the use and protection of your personal information. Please see our Privacy Policy, for important information and disclosures relating to the collection and use of your personal information in connection with your use of Character Cafe. Our Privacy Policy is hereby incorporated by reference into the Terms of Service.
4. Proprietary rights in our content on Character Cafe. All content on Character Cafe that was posted by us, or on our behalf, including but not limited to the design, text, graphics, other files, and their selection and arrangement, are our proprietary property or that of our licensors, and we reserve all rights therein. No such content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. You may download or print a copy of any portion of this content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish content on any Internet, Intranet or Extranet site or incorporate the information comprising such content in any other database or compilation. Any other use of the content is strictly prohibited.
All trademarks, logos, trade dress and service marks on Character Cafe (including Character Cafe and Pass the Torch), or any confusingly similar marks, are either trademarks or registered trademarks belonging to us or to our licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
5. Proprietary rights in your content on Character Cafe. When you post content to any part of Character Cafe, you grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty free, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such content and to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing. In addition, this license includes the right for us, in our sole discretion, to supply your content to providers of anti-plagiarism tools so they may, among other things, check the integrity of the content you post. If any of your postings incorporate the name, logo, brand, service or trademark, voice or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to post such content in the public domain and grant us the right to use such content as described herein.
6. Responsibility for posting. By using Character Cafe, you may have an opportunity to participate in forum services, web communities and other message and communication facilities as well as to post content or otherwise make such content available to us, Character Cafe and/or other Character Cafe users. You understand, acknowledge and agree that all content of such postings are the sole responsibility of the person from and under which user name or password such postings occurred. This means that you are entirely responsible for the consequences of all content that you post, or is posted under your user name. You represent and warrant that such content and postings (i) do not and will not, in any way, violate the Terms, and (ii) do not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation. Your postings, and the postings of other Character Cafe users, do not reflect our views or those of Character Cafe. We do not monitor, endorse, edit or screen your postings, or those of other Character Cafe users, although we reserve the right to do so, nor shall we be liable for any posting that is in violation of the Terms or other applicable law. In no event shall we be construed to have any responsibility or liability for or in connection with any content whatsoever that was posted by any person or entity other than ourselves. In addition to any and all other rights we may have pursuant to the Terms, at law or in equity, we reserve the right, at any time and in our sole discretion, with or without notice to you, to (i) refuse to allow you to post content, (ii) remove and/or delete content you have posted, (iii) revoke your right to use Character Cafe, and/or (iv) use any technological, legal, operational or other means available to us to enforce the Terms, including without limitation, blocking specific IP addresses or deactivating your registration.
7. Fees. We are entitled to charge at any time for use of Character Cafe and the content posted there (for example, by way of a subscription fee or by charging you to view other users’ content) and to change any and all such fees from time to time in our sole discretion. If we terminate or limit your use of Character Cafe, you are not entitled to a refund of any unused portion of any fees and you may forfeit any points you may have earned under any reward scheme.
8. Term. You may end your [membership] at any time for any reason, by following the instructions at www.charactercafe.com. Ending your [membership] means that you will not be able to use Character Cafe content or post content to Character Cafe. Nevertheless, the content that you have already posted will remain on Character Cafe unless we, in our sole discretion, decide to remove it. Therefore, even after your [membership] ends, these Terms remain in effect.
9. Modification. We reserve the right to modify all content on Character Cafe or the provisions of the Terms at any time without notice. By using Character Cafe after any changes to the Terms have been posted, you will be deemed to have consented to all such changes.
10. Communication with Character Cafe. We welcome your feedback and suggestions about how to improve Character Cafe. Any suggestions or other feedback you provide shall be deemed content, as defined by the Terms. Given the nature of the Internet, the transmission of any communication or material to us via Character Cafe or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as, and is not represented to be, secure. As an alternative to communicating via the Internet or e-mail, we can be contacted by regular mail at P.O. Box 592775, San Antonio, TX 78259, or by phone at 210-592-7276.
11. Warranty. We make no representations or warranties as to (i) the accuracy or completeness of the content contained in, or posted on, Character Cafe, (ii) the results obtained from your use of such postings and content or (iii) interruptions in the availability of Character Cafe.
12. Warranty disclaimer. ALL POSTINGS AND CONTENT PROVIDED ON CHARACTER CAFE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IRRESPECTIVE OF WHETHER WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, WE DISCLAIM ALL RESPONSIBILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR BECAUSE OF INACCURACIES OR OMISSIONS IN THE CONTENT ON CHARACTER CAFE, OR IN ANY WEBPAGE LINKED TO OR FROM CHARACTER CAFE. WE FURTHER DISCLAIM ANY LIABILITY ARISING FROM ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR OTHER PROPERTY ARISING FROM ANY USE OF CHARACTER CAFE. WE WILL NOT BE LIABLE FOR ANY LOSS RESULTING FROM FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, NATURAL DISASTERS, STRIKES OR OTHER LABOR PROBLEMS, WARS, TERRORIST ACTIONS, OR GOVERNMENTAL RESTRICTIONS. Some states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
13. Advertisements, sponsorships and links. Character Cafe may be sponsored by third parties and/or may contain links to other websites and/or advertisements from sponsors and advertisers ("Advertisers"). We are not responsible for the content provided by such Advertisers, including any changes or updates that are made to the linked website or the accuracy or completeness of the information provided on the websites. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING PRODUCTS OR SERVICES SOLD OR MARKETED BY ADVERTISERS. Links on Character Cafe are provided as a convenience to you and do not imply that we approve of or are affiliated with the linked organization, company or Advertiser, or its products or websites. Any communication, interaction and participation between you and Advertisers is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
14. Indemnification. You agree to indemnify, defend and hold us and our officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of the Terms by you, or postings occurring under your user name and password.
We reserve the right to assume, at your sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
15. Choice of law. The Terms, as well as your use of Character Cafe, shall be governed in all respects in accordance with the laws of the State of Texas. The courts sitting in the State of Texas shall have exclusive jurisdiction over any dispute arising hereunder. Access to or use of Character Cafe from countries where such use is illegal is prohibited.
16. Definitions.
a. "Character Cafe" means the features and services we make available, including through (a) our website at www.charactercafe.com and any other Character Cafe branded or co-branded websites (including sub-domains and international versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
b. "us," "we" and "our" mean Character Cafe, Inc., a Texas corporation, and its parents affiliates, successors and assigns.
c. "Platform" means a set of APIs and services that enable applications, developers, operators or services to retrieve data from Character Cafe and provide data to us relating to Character Cafe users.
d. "content" means all of the content and information posted on Character Cafe, including without limitation, documents, notes, charts, graphs, photos, images, outlines, transmissions, algorithms, code, know how, intellectual property (whether patentable or not), as well as information about you and the actions you take.
e. "post" and "posting" mean content posted on Character Cafe or otherwise made available to us and/or users of Character Cafe.
f. "use" means use, utilize, access, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
17. Other.
a. The Terms make up the entire agreement between and among us, you and other users of Character Cafe, and supersedes any prior agreements.
b. If any portion of the Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
c. If we fail to enforce any of the Terms, it will not be considered a waiver.
d. Any amendment to or waiver of the Terms must be made in writing and signed by us.
e. You will not transfer any of your rights or obligations under the Terms to anyone else without our consent.
f. All of our rights and obligations under the Terms are freely assignable by us.
g. Nothing in the Terms shall prevent us from complying with the law.
h. The Terms do not confer any third party beneficiary rights.