Terms and Conditions of Use
Thank you for visiting Caffeinated Living, website www.caffeinatedliving.com (“Site”). The Site is made available by Caffeinated Living. All content provided on or through this Site may be used only under the Terms and Conditions stated below
USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF USE ESTABLISED BY URBAN CUSP
When you access information provided on the Site, you acknowledge your agreement to these Terms and Conditions. References to “you” or “your” refer to you as an individual as well as in any representative capacity you may have.
1. SERVICES PROVIDED
2. PROPERTY RIGHTS ON THE SITE AND IN USER-SUBMITTED DATA
2.1 Property Rights on the Site
(a) Subject to these Terms and Conditions Caffeinated Living hereby grants to you, the right to access and use the Site for your own personal use. In your use of the Site you agree not to remove any copyright or other notices contained therein. Except as expressly authorized herein, you may not use, copy, reproduce, transmit, translate, offer for sale, sell, display, perform, distribute, publish, broadcast, circulate, modify, create derivative works of, disseminate, or commercially exploit the Site without the express written consent of Caffeinated Living. You also agree not to use the Site for any unlawful purpose.
(b) The Site (including but not limited to articles, photographs, video, and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Caffeinated Living retains all of its title, ownership rights, and intellectual property rights in and to the Site. You agree to abide by any copyright notice or other restriction contained in any individual information, software, or other material accessible through the Site.
(c) In the event you use the Site or the links included on the Site to gain access to a World Wide Web site or Internet location or source of information, services, software, or goods of any company, organization, or person other than www.CaffeinatedLiving.com, or to any other Internet location, you acknowledge that such other sites or locations are not under the control of Caffeinated Living and agree that Caffeinated Living shall not be responsible for any of the information, services, software, or goods or other links found at any such World Wide Web site or Internet location or source of information, services, software, or goods, or for your use of such information, services, software, or goods.
(d) CAFFEINATED LIVING, ITS EDITORS, WRITERS, AND CONTRIBUTORS MAKE NO EXPRESS REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH THIRD PARTY SITE, DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT), DISCLAIMS RESPONSIBILITY FOR, AND ASSUMES NO LIABILITY REGARDING, ANY INFORMATION, SERVICES, SOFTWARE, OR GOODS AVAILABLE, ADVERTISED, SOLD, OR FOUND ON ANY OTHER WEB SITE NOT UNDER CAFFEINATED LIVING’S CONTROL (INCLUDING, WITHOUT LIMITATION, WEB SITES LINKED TO THROUGH THE SITE) OR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE QUALITY, SAFETY, ACCURACY, AVAILABILITY, DECENCY, OR SUITABILITY OF SUCH INFORMATION, SERVICES, SOFTWARE, OR GOODS.
(e) Transmission or use of any material in violation of these Terms and Conditions – or any applicable law, rule or regulation (whether of the United States or other countries) – or the rights of any third party is strictly prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd and indecent, material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
2.2 Property Rights in User Submitted Data
Data, information or other content uploaded directly to, or provided to Caffeinated Living to place on, the Site by you (“User Submitted Data”) shall be and remain your property (as between you and Caffeinated Living). All other information gathered or provided by Caffeinated Living (including, without limitation usage information and analysis based on User Submitted Data) shall be and remain the property of Caffeinated Living (“Site Use Data”). Caffeinated Living will retain possession of, and make use of, copies of the User Submitted Data and Site Use Data for the purpose of performing the Services and otherwise meeting Caffeinated Living’s obligations and responsibilities under the Agreement. Subject to the confidentiality restrictions set forth in Paragraph 5 below, Caffeinated Living’s use of the User Submitted Data and Site Use Data may include the display, parsing, modification, reproduction, copying, transmission, translation, performance, publication, broadcast, preparation of derivative works or dissemination thereof, internally by Caffeinated Living, and to third parties with whom Caffeinated Living does business for advertisement, market research and other commercial purposes. You grant to Caffeinated Living all necessary rights and releases required for Caffeinated Living to perform the services and the activities described on the Site.
3. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
3.1 THE SITE IS PROVIDED “AS IS.” NEITHER CAFFEINATED LIVING NOR ANY OF ITS, EDITORS, WRITERS, CONTRIBUTORS OR LICENSORS MAKE ANY WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, ABSOLUTELY SECURE, COMPLETE, ACCURATE OR ERROR FREE). IN ADDITION, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION ITSELF IS NOT WARRANTED OR GUARANTEED. YOUR USE OF THE SERVICES AND THE INFORMATION ACCESSED ON OR THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK AND IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE ACCURACY AND COMPLETENESS AND URBAN CUSP AND ITS EDITORS, WRITERS, CONTRIBUTORS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
3.2 YOU UNDERSTAND THAT CAFFEINATED LIVING DOES NOT GUARANTEE THAT IT WILL CONTINUE TO MAKE THE SITE AVAILABLE TO YOU, WHETHER BY THE SAME METHODS CURRENTLY USED OR OTHERWISE. CAFFEINATED LIVING MAY DISCONTINUE PROVIDING THE SITE TO YOU AT ANY TIME. YOU AGREE NOT TO HOLD CAFFEINATED LIVING LIABLE FOR ANY DAMAGES ARISING FROM A DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE SITE.
3.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (CONTRACT, WARRANTY, TORT OR OTHERWISE) WILL CAFFEINATED LIVING OR ITS CONTRIBUTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES INCURRED BY YOU AND IN ANY WAY ARISING OUT OF OR RELATED IN ANY WAY TO THESE TERMS AND CONDITIONS (INCLUDING, WITHOUT LIMITATION, YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY DAMAGES YOU MAY INCUR IN CONNECTION WITH ANY DECISION MADE, ACTION, OR INACTION, TAKEN BY YOU OR ANY OTHER PARTY, IN RELIANCE UPON THE INFORMATION OR FOR THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, OR FOR ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES), EVEN IF ADVISED OF SUCH DAMAGES. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, CAFFEINATED LIVING SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE SITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
4. YOUR INFORMATION
4.2 User Submission Guidelines: By submitting content to the Site you agree to abide by the following guidelines:
1. You agree not to submit any inappropriate content. Inappropriate content includes, but is not limited to, any content that:
– infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person
– is libelous or defamatory
– is obscene, pornographic, or sexually explicit
– violates a person’s right to privacy
– violates any local, state, national, or international law
– contains or advocates illegal or violent acts
– degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification
– is predatory, hateful, or intended to intimidate or harass
– contains unauthorized advertising or solicitation of any kind
– misrepresents your identity or affiliation
– impersonates others
2. You agree that you are fully responsible for the content that you submit. You will promptly remove any content that you have posted should you discover that it violates these guidelines or that it is otherwise inappropriate. You will indemnify and hold harmless Caffeinated Living, its contributors, agents, and licensors, from and against losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any claim brought by any third party relating to content you have posted.
3. You understand and agree that Caffeinated Living is not responsible for any user submitted content. You further understand that Caffeinated Living reserves the right, but not the obligation, to monitor submissions and we may remove content that we deem inappropriate for any reason whatsoever without consent. Caffeinated Living further reserves the right, in its sole discretion, to remove a user’s privilege to post content on the Site.
4. You certify that you have the permission of others who have contributed to or are featured in any content that you submit. If there are any individuals under the age of 18 in any photos, video, or other content that you submit, you must obtain the permission of each such individual’s parent or legal guardian prior to submitting the content.
5. You acknowledge and agree any use and/or reliance on any information obtained through the interactive forums at your own risk. Caffeinated Living is not in any manner endorsing the content of the interactive forums and cannot and will not vouch for its reliability.
6. For any content that you submit, you give us permission to use such content. You hereby grant to Caffeinated Living a royalty-free, irrevocable, perpetual, worldwide, exclusive, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such content, in whole or in part in any form, media or technology now known or later developed.
4.3 You further represent that you will not knowingly upload any material to the Site that contains viruses, “worms”, “trojan horses” or any other harmful properties, or use the Services for, or to further, any illegal purposes or otherwise violate these Terms and Conditions. Caffeinated Living reserves the right, in its sole discretion, to edit or delete any User Submitted Data uploaded to the Site in violation of the foregoing.
If Caffeinated Living believes you have violated these Terms and Conditions, we may terminate your access to the Site in our sole discretion and without further notice to you.
You agree to indemnify and hold harmless Caffeinated Living (and its contributors, licensors and agents) from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees and costs) arising out of or related to: (a) your breach of your agreements, representations and warranties contained in these Terms and Conditions; (b) your use of the Site (i) in violation of these Terms and Conditions, (ii) in violation of any rights of Caffeinated Living or any third-party information provider, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation; or (iv) information or materials you upload or post to the Site.
8. COMPLIANCE WITH LAWS
You will comply with all applicable laws, rules and regulations in connection with your participation in the use of the Site, and will not engage in any act that has an adverse impact on the performance or availability of the Site.
9. NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending an email to firstname.lastname@example.org.
Please include the following information in your written notice:
- (1) a detailed description of the copyrighted work that is allegedly infringed;
- (2) a description of the location of the allegedly infringing material on the Site;
- (3) your contact information, including your address, telephone number, and, if available, email address;
- (4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
- (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
- (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
10.1 Notices given by Caffeinated Living to you will be given by e-mail, or by a general posting on www.caffeinatedliving.com, or by conventional mail. In any matter requiring Caffeinated Living’s prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Caffeinated Living. Notices given by you to Caffeinated Living may be sent to email@example.com.
10.2 Except as herein provided, no waiver, modification or amendment of any provision of these Terms and Conditions shall be effective against Caffeinated Living unless the same is in writing and signed by an authorized official of Caffeinated Living. Caffeinated Living may modify these terms and conditions at any time upon written notice or posting to the Site. You agree that if you access and or use the Site after notification of changes in these Terms and Conditions, you will be bound by all such changes.
10.3 Caffeinated Living’s failure to insist at any time upon strict compliance with any term of these Terms and Conditions, or any delay by Caffeinated Living in enforcing these Terms and Conditions, or a continued course of such conduct on Caffeinated Living’s part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. If any provision of these Terms and Conditions is declared invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired, and the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that reflects the original intentions of the parties as nearly as possible in accordance with applicable law. These Terms and Conditions will be governed by and construed and enforced in accordance with the substantive law of the District of Columbia. The parties consent to venue in Washington, D.C., and to the jurisdiction of competent D.C. federal courts for all litigation which may be brought with respect to the terms of, and the transactions and relationships contemplated by, these Terms and Conditions.